HomeMy WebLinkAbout2011-01 Supplement Old Pages Debra Mangen
4801 West 501h Street Phone 952 826-0408 City of Edina
Edina,MN 55424 Fax 952 826-0390
Memorandum
TO: Edina Code of Ordinance Users
FROM: Debra Mangen,City Clerk
DATE: June 2,2011
RE: Code Supplement 2011-01
1 am sending you the newest update for your Edina City Code book,Supplement No.2010-11.This supplement includes all
ordinances and corrections through Ord No.2011-06 Please replace your pages as follows:
--Table of Contents—Replace—many sections deleted andlion 801—Delete entire section,Ord.2011-02
new sections added,Ord.2011-02edion 805—Delete entire section,Ord.2011-02
✓Section 100—Replace entire section,Ord.2011-04
X€dion 850—Replace entire section,Ord 2010-08,Ord
,,tie`ction 115—Replace entire section,Ord.2011-05 2010-17,Ord 2010-18,Ord 2010-19; Ord 2011-03
>4ection 121—Delete entire section,Ord.2011-02 lion 1220—Delete entire section,Ord.2011-02
XSedion 140—Delete entire section,Ord.2011-02 Section 1221—Delete entire section,Ord.2011-02
<ection 146—Delete entire section,Ord.2011-02 -N�Sbktion 1225—Delete entire section,Ord.2011-02
/Section
Section 150—Replace entire section,Ord 2010-12ection 1255—New section added by Ord 2011-01
180—Delete entire section,Ord.2011-02 ection 1435—Replace entire section Ord 2010-21
-)�ection 185—Schedule A—Entire Section,updated by Ord. Chapter 15—New Index tab,Ord 2011-02
1010-20 Section 1500—New Section added by Ord 2011-02
XSection 195—New section added by Ord.2010-12 �ection 1501—New Section added by Ord 2011-02
)/
Section 197—New section added by Ord.2010-12 Rection 1502—New Section added by Ord 2011-02
- /Section 400—Delete entire section,Ord.2011-02 )4ection 1503—New Section added by Ord 2011-02
Section 450 -Replace entire section,Ord 2010-10
Section 1504—New Section added by Ord 2011-02
Section 460 -Replace entire section,Ord 2010-07&Ord
2011-08edion 1505—New Section added by Ord 2011-02
)./,,Section 475—Replace entire section,Ord 2011-09edion 1507—New Section added by Ord 2011-02
Section 700—Replace entire section,Ord 2011-02 )4ection 1508—New Section added by Ord 2011-02
Section 721—Replace entire section,Ord 2010-10 ttion
tion 1509—New Section added by Ord 2011-02
Section 725—Replace entire section,Ord 2010-09 1510—New Section added by Ord 2011-02
tl< Section 735—Replace entire section,Ord 2010-10 edion 1511—New Section added by Ord 2011-02
Xsection 745—Replace entire section,Ord 2010-16
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.City employees can also find the code in
"Word"on the Citywide network drive.As always,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 CODE C � J
TABLE OF CONTENTS
Ordinance No. 1 - An Ordinance Codifying the General Ordinances of the City of Edina,
Minnesota; Adopting a New City Code; Retaining Certain Ordinances; and
3 Repealing Certain Ordinances
CAPTE 1. GENERAL CODE PROVISIONS AND ADMINISTRATION
Section 100 - City Code; Penalties for Violation
Section 105 - Definitions
Section 110 - Incorporation of State Law
Section 115 - The Council, Officer and Surety Bonds
Section 120 - Salaries for Council Members
- o ppea an qua iza ion
Section 125 - Registration of Voters
Section 126 - Absentee Ballot Board
Section 130 - Election of Council Members
Se ion 140 litt 011ulfission
- nergy an nvlro
Section 150 - Personnel Policy
Section 155 - Disposal of Unclaimed Property
Section 160 - General Licensing Procedure
Section 165 - License Registration and Bond for Building Trades
Section 175 - Notice of Violation
ssions, an
Section 185 - Fees and Charges
Section 190 - Partial Pre-payment of Assessments
HAPTER 2. PUBLIC DANCES LAWFUL GAMBLING & AMUSEMENT DEVICES
Section 200 - Public Dances
Section 215 - Gambling
Section 220 - Mechanical Amusement Devices
Section 225 - Special Events Code
CHAPTER 3. ANIMALS
Section 300 - Animal Control and Licensing
CHAPTER 4. BUILDINGS, CONSTRUCTION & SIGNS
Section 405 - Landscapirfg, Screening and Erosion`Control
Section 410 - Building Code
Section 415 - Moving of Buildings
Section 421 - Right-Of-Way Management
Section 425 - Littering in the Course of Construction Work
1 Supplement 2007-3
Section 430 - Regulating Installers of Gas Piping or Gas Burning Systems, Oil Burners,
Stokers, Steam or Hot Water Heating Systems, Mechanical Warm Air
Heating and Air Conditioning Systems, Refrigeration Systems, Plumbing
and Water Conditioning Equipment
Section 435 - Regulating Mechanical and Gas Piping Work
Section 440 - Regulating Plumbing and Installation of Water Cooling Equipment
Section 445 - Requiring Connections to Sanitary Sewer and Water Systems; Regulating
Discharges into Sanitary Sewer System
Section 450 - Swimming Pools
Section 455 - Public Bathrooms and Restrooms
Section 460 - Signs
Section 470 - Dangerous or Substandard Buildings
Section 475 - Parking Ramps
Section 480 - Exterior of Single Dwelling Unit and Double Dwelling Unit
Section 485 - Public Safety 800 MHz Radio Building Coverage
U HAPTER 5. CIVIL DEFENSE AND EMERGENCIES
Section 505 - Civil Defense and Emergency Regulations
�WAPTER 6. FIRE PROTECTION
Section 600 - Fire Department
Section 605 - Fire Codes, Bureau of Fire Prevention and Fire Lanes
Section 615 - Fire Extinguishers
Section 620 - Commercial Cooking Ventilation Systems
Section 625 - Fire Protection Systems
Section 635 - False Fire Alarms
Section 640 - Sale of Fireworks
CHAPT 7. HEALTH
ection 700 - Community Health Board, Department of Health and Sanitarian
Section 705 - Storage, Collection and Disposal of Refuse and Compostable Materials
Section 710 - Private Sewage Disposal Systems li
Section 715 - Mandatory Separation, Storage and Disposal of Recyclables
Section 716 - Recycling Service Charges l
Section 721 - Food Establishments and Food Vending Machines
Section 725 - Public Health, Housing and Housing Equipment
Section 735 - Hotels, Lodging and Boarding Houses
Section 740 - Ventilation of Parking Garages for Multiple Dwellings
Section 745 - Body Art Establishments
CHAPTER 8. LAND USE, PLATS AND ZONING
se
l-tion 811 0 i7,...: Urp�` rvation
Section 810 - Plats and Subdivisions
Section 815 - Radio and Television Antennas and Towers
2 Supplement 2006-2
Section 820 - Vacation of Streets, Alleys, Public Ways and Utility Easements
Section 830 - Tree Removal, Grading and Excavation
Section 835 - Comprehensive Plan
Section 845 - Restricted Access Parking Lots
Section 850 - Zoning
3411��TER 9. LIQUOR
Section 900 - Sale of Liquor and Wine; Licensing
Section 905 - Open House Parties
(—*- ---PTER 10. MISDEMEANORS AND NUISANCES
Section 1000 - Crimes and Forbidden Conduct
Section 1005 - Certain Dangerous Weapons
Section 1010 - Prohibiting Certain Conduct In, On, or Near Schools
Section 1015 - Hoax, Obscene or Annoying Telephone Calls and Bomb Threats
Section 1020 - False Automatic Alarms
Section 1030 - Possession, Purchase or Delivery of Controlled Substances
Section 1035 - General Nuisances
Section 1040 - Noises Disturbing the Public Peace
Section 1046 - Parking and Storage of Vehicles and Equipment
Section 1050 - Maintenance of Vegetation
Section 1055 - Control and Prevention of Shade Tree Diseases
Section 1061 - Juvenile Curfew
Section 1065 - Prohibiting and Regulating Picketing
Section 1070 - Abatement of Nuisances
Section 1075 - Steel Jawed Traps
Section 1080 - Disorderly House
A TER 11. PUBLIC UTILITIES
Section 1100 - Sanitary Sewer and Water Utility; Charges
Section 1105 - Sewer and Water Connection Charges
Section 1110 - Storm Water Drainage Utility; Charges
Section 1115 - Water Emergencies and Irrigation Bans
CHAPTER 12. STREETS AND PARKS
Section 1200 - Use and Maintenance of Streets, Alleys, Sidewalks, Easements, Parks, and
Other City Owned Property
Section 1205 - Curb Cuts
Section 1215 - Work Within the 50th & France Commercial Area
-v�section7T�vo—purr mTcBoard
Seratien 12Tc21 —AtFt C entef nv�
1
Section 1230 - Conduct in Parks and Public Places
Section 1235 - Municipal Parking Facilities
3 Supplement 2006-2
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CHAPTER 13. TRADES AND OCCUPATIONS
Section 1300 - Collection and Disposal of Refuse and Recyclables
Section 1305 - Scavengers
Section 1311 - Peddlers and Solicitors
Section 1315 - Advertising Material on Residential Property
Section 1326 - Sale of Tobacco; Licensing
i,
Section 1330 - Taxicabs and Taxicab Drivers
Section 1341 - Physical Culture and Health Services and Clubs
Section 1345 - Sexually-Oriented Businesses
Section 1350 Motion Pictures and Commercial Photography
CHAPTER 14. TRAFFIC CONTROL AND VEHICLES
Section 1400 - Pedestrian, Bicycle and Vehicular Traffic, Parking, Standing and Loading
Section 1405 - Clear View Zone
Section 1410 - Impounding of Unoccupied Vehicles Found to be in Violation
Section 1415 - Abandoned Motor Vehicles
Section 1425 - Registration of Bicycles
Section 1435 - Snowmobiles, Motorcycles, and All Terrain Vehicles
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4 Supplement 2006-2
City of Edina General Code Provisions and Administration 100.06
CHAPTER 1. GENERAL CODE PROVISIONS AND ADMINISTRATION
Section 100 - City Code; Penalites for Violation
100.01 Title. This Code may be cited as the"Edina City Code" and is sometimes referred
to in the Edina City Code as "this Code" or "the Code". Reference to the Code or to any
chapter, section, subsection, subdivision or other provision shall be deemed to include
amendments and additions to the Code, or to any such chapter, section, subsection,
subdivision or other provision.
100.02 Numbering System. This Code is divided into general subject areas by numerical
chapters which are further divided into sections. Each section number of this Code consists
of two parts separated by a decimal point. The digits preceding the decimal point indicate
the section number of the chapter. The digits following the decimal point indicate the
subsection. Subdivisions under a subsection are denominated as such.
100.03 Enactment of Ordinances. Ordinances shall be enacted and adopted according
to the procedures of M.S. 412 and Subsections 115.09 and 115.10 of this Code. All
ordinances shall be integrated into this Code as provided in Subsection 100.04.
100.04 Amendments, Additions and Corrections. Ordinances proposing additions or
amendments to the Code shall be assigned appropriate Code numbers and shall be
incorporated into the Code as of their effective date. When an ordinance is integrated into
the Code, there may be omitted from the ordinance the title, enacting clause, section
numbers, definitions of terms identical to those contained in this Code, the clause
indicating date of adoption, and validating signatures and dates. The Clerk, in cooperation
with the City Attorney, may correct obvious grammatical, punctuation, and spelling errors,
correct obvious errors in references to State Law or provisions of this Code, rearrange and
consolidate provisions of this Code and perform like actions to ensure a uniform, well
organized and accurate Code so long as the meaning of this Code is not altered.
100.05 Headings and Index. Chapter, section, subdivision and other titles are not
considered part of the subject matter of this Code but are intended only for convenient
reference and shall not be considered in interpreting this Code except where terms are
defined and the title is necessary to be used to determine the term being defined. The
indexing system is not a part of the subject matter of this Code but is intended only to
facilitate access to Code sections. The history notes and references at the end of any
chapter or section are not a part of this Code, but are intended for convenient reference
and information and shall not be considered in interpreting this Code.
100.06 Availability to the Public. Copies of the Code shall be kept in the office of the
Clerk for public inspection. Copies may be purchased for a reasonable charge.
100 - 1
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City of Edina General Code Provisions and Administration 100.09
100.07 Existing Rights and Liabilities. The repeal of prior ordinances and the adoption
of this Code are not to be construed in any manner to affect the rights and liabilities
existing at the time of repeal and enactment of this Code. Insofar as provisions in this
Code are substantially the same as ordinances in effect at the time of initial adoption of
this Code, they will be considered as continuations and not new enactments. Any act done,
offense committed, right accruing, liability, penalty, forfeiture or punishment occurring,
incurred or assessed prior to the effective date of this Code is not affected by the enactment
of this Code.
100.08 Severability. If any section, subsection, subdivision, paragraph, subparagraph,
sentence, clause or phrase of this Code is held to be invalid or unenforceable by any court
of competent jurisdiction as to any person or circumstance, the application of such section,
subsection, subdivision, paragraph, subparagraph, sentence, clause, or phrase to persons
or circumstances other than those to which it shall be held invalid or unenforceable, shall
not be affected thereby, and all other provisions of this Code, in all other respects, shall
be and remain valid and enforceable.
100.09 Penalties.
Subd. 1 Petty Misdemeanors. Whenever an act or omission is declared in this
Code to be a petty misdemeanor, any person violating the provision will, upon
conviction, be subject to a fine of not more than $200. The cost of prosecution may
be added to the penalty imposed on every person convicted of violating any
provision of this Code.
Subd. 2 Misdemeanors. In any case other than those in which a violation is
expressly stated to be a petty misdemeanor in this Code, any person violating any
provision of this Code, or any rule or regulation adopted under this Code will, upon
conviction, be guilty of a misdemeanor, and be subject to a fine of not more than
$700 or imprisonment for a term not to exceed 90 days or both, plus, in either case,
the cost of prosecution. The cost of prosecution may be added to the penalty
imposed on every person convicted of violating any provision of this Code.
Subd. 3 Separate Violations. Unless otherwise provided, each act of violation and
every day on which a violation occurs or continues, constitutes a separate offense.
Subd. 4 Application to City Personnel. The failure of any officer or employee of
the City to perform any official duty imposed by this Code will not subject the
officer or employee to the penalty imposed for violation unless a penalty is
specifically provided for such failure.
Subd. 5 Other Remedies. In addition to the remedies set out above in this
Subsection, the City may exercise, with or separately, from such remedies and at the
same or separate times, all and any legal and equitable remedies then available to
the City by this Code or State Law to enforce this Code, or to recover any fees,
100 - 2
City of Edina General Code Provisions and Administration 100.10
charges or expenses owed to City pursuant to this Code, including, without
limitation, injunction and the penalties and remedies in any provision incorporated
into this Code by reference as provided by Subd. 8 of this Subsection.
Subd. 6 Costs of Enforcement. The person or persons violating this Code shall
be jointly and severally liable for all fees or costs incurred by the City in enforcing
this Code, or in collecting any fees, charges or expenses, including interest, owed
to the City, including attorney's fees. Interest on such fees and costs, from the dates
incurred until paid, shall be charged at a rate equal to the lesser of (i) the highest
interest rate allowed by law, or (ii) two percentage points in excess of the reference
rate. Such person or persons shall also be jointly and severally liable for all costs
of collecting such fees, costs and interest, with interest from the dates incurred until
paid, at the same rate as is payable on such fees or costs. Reference rate shall mean
the rate publicly announced from time to time by First Edina National Bank or any
successor thereto. If such bank, or its successor, ceases announcing its rate publicly,
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 credit-worthy
customers.
Subd. 7 Permits, Licenses and Registrations. In addition to other remedies
available to the City, the City may revoke or suspend, pursuant to the provisions of
Section 160 of the Code, any permit, license or registration when the holder has
violated or failed to comply with any provision of this Code which applies to the
permit, license or registration which is the subject of the suspension or revocation.
Subd. 8 Incorporated Law. Any code, statute, or other provision, incorporated
into and made a part of this code by reference, shall also include and incorporate
any penalties and remedies for violations which are a part of such incorporated
provision, and the City may enforce such penalties and pursue such remedies in
addition to the other penalties and remedies set out or referenced in this Code.
Subd. 9 Interest. All fees, charges and other monies owed to the City pursuant
to any provision of this Code, at the option of the City, shall bear interest from the
date payable to the City until paid, at the lesser of the two rates set out in
Subd. 6 of this Subsection.
100.10 Adopting Ordinance. The ordinance of the City initially adopting this Code is a
part of this Code.
History: Ord 1 and Ord 101 codified 1970
Reference: M.S. 412.231, 412.871, 631.48
Cross Reference: Section 160; Subsections 115.09, 115.10
100 - 3
City of Edina General Code Provisions and Administration 115.05
Section 115 - The Council, Officers and Surety Bonds
115.01 The Council. The Council will consist of a Mayor and four Council Members.
115.02 Regular Meetings. Regular meetings of the Council will be held on the first and
third Monday of each month at 7:00 P.M. Any regular meeting falling on a holiday will
be held on the following day at the same time and place, unless otherwise specified by the
Council. All meetings will be held at City Hall unless otherwise specified by the Council.
115.03 Special Meetings. The Mayor or any two members of the Council may call a
special meeting of the Council upon at least 24 hours written notice to each Council
Member. The notice shall be mailed to all Council Members at least one day before the
meeting, or be delivered personally to each Council Member or be left at the Council
Member's usual place of residence with some responsible person. The notice shall specify
the business to be transacted at the special meeting. A copy of the notice shall be posted
on the bulletin board at City Hall. Only business specified in the notice shall be transacted
at the special meeting unless all Council Members are present and unanimously consent to
additional business being transacted. Any Council Member present at any special meeting,
or who received the notice thereof, who fails to object and have the objection entered in
the record of the special meeting shall be conclusively presumed to have consented to the
transaction of all business transacted at the meeting, and no later objection may be made
that the notice of the special meeting was defective. A Council Member who is not present
at a special meeting shall not, by such absence, be deemed to have given approval or
disapproval of any action taken at the special meeting.
115.04 Public Meetings. All Council meetings, including special and adjourned meetings
and meetings of Council committees, will be open to the public, except as otherwise
determined by the Council and allowed by State law.
115.05 Presiding Officer.
Subd. 1 Who Presides. The Mayor will preside at all meetings of the Council.
In the absence of the Mayor, the Mayor Pro Tem will preside. In the absence of
both, the Manager will call the meeting to order and will preside until the Council
Members present choose one of their number to act temporarily as presiding officer.
The presiding officer (except the Manager) may make motions, second motions,
speak and vote on any question.
Subd. 2 Procedure. The presiding officer will preserve order, enforce the
Council's rules of procedure, and determine without debate, subject to the final
decision of the Council on appeal, all questions of procedure and order. Except as
otherwise provided by State Law, this Code, or by rules adopted by resolution of the
Council, the proceedings of the Council will be conducted according to Roberts
Rules of Order.
115 - 1
City of Edina General Code Provisions and Administration 115.10
Subd. 3 Appeals. Any Council Member may appeal to the Council a ruling of
the presiding officer. The appeal will be sustained if approved by a majority of the
Council Members present.
115.06 Minutes.
Subd. 1 Recording. Minutes of all Council meetings will be prepared and kept
by the Clerk or other person designated by the Council. Ordinances, resolutions,
and claims need not be recorded in full in the minutes if they appear in other
permanent records of the Clerk and can be accurately identified from the description
given in the minutes.
Subd. 2 Approval. The minutes of each meeting will be reduced to typewritten
form, will be signed by the Clerk or acting Clerk, and will be delivered to the
Council Members. At the next regular Council meeting following the delivery,
approval of the minutes will be considered by the Council, with any proposed
additions or corrections.
115.07 Order of Business. Each meeting of the Council will convene at the appointed
time and place. Council business will be conducted in such order as the Council shall
determine, from time to time, by resolution. The order of business may be varied in the
discretion of the presiding officer, but all public hearings will be held at the time specified
in the notice of hearing, or as soon thereafter as is allowed by matters which are prior in
the order of business.
115.08 Agenda. An agenda of business for each regularly scheduled Council meeting
shall be prepared by the Clerk at the direction of the Manager and filed in the office of the
Clerk. The Mayor may direct exclusion or inclusion of any item on any agenda. The
agenda shall be prepared according to the required order of business and copies shall be
delivered at least to each Council Member and the City Attorney. Any item of business
raised by a Council Member under an agenda heading of"Concerns of Mayor and Council"
or similar heading, and any item of business raised by the Manager under an agenda
heading of"Manager's Miscellaneous Items" or similar heading, shall be deemed appearing
on the agenda as an agenda item.
115.09 Voting. A majority vote of all members of the Council is necessary for approval
of any ordinance unless a larger number is required by Statute or this Code. Except as
otherwise provided by Statute or this Code, a majority vote of a quorum will prevail in all
other cases.
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115.10 Ordinances, Resolutions, and Petitions.
Subd. 1 Readings. Every ordinance shall be presented in writing, except in
emergency situations. Every ordinance shall receive two readings before the Council
prior to final adoption. The two readings shall be at Council meetings held on
115 - 2
City of Edina General Code Provisions and Adminstration 115.12
different days. The second reading may be waived by an affirmative vote of not less
than four Council Members.
Subd. 2 Signing and Proof of Publication. Every ordinance passed by the
Council will be signed by the Mayor, attested by the Clerk, numbered, recorded and
filed in an ordinance book. Proof of publication will be attached to and filed with
the ordinance. No resolution will be published unless State Law requires it to be
published or unless it is directed to be published by the Council.
Subd. 3 Repeals and Amendments. Every ordinance repealing or amending all
or a part of a previous ordinance will give the number of the ordinance or Code
Section to be repealed or amended.
Subd. 4 Petitions. Every petition or other communication addressed to the
Council will be in writing and will be presented to the Council. Each petition shall
be recorded in the minutes by reference.
115.11 Duties of Clerk and of Treasurer. The offices of Clerk and of Treasurer are
hereby established. The duties of each shall be such as are prescribed for those positions
by State Law and by the Manager. The Clerk shall act as secretary of the Council.
115.12 Surety Bonds. The Clerk and the Treasurer shall furnish corporate surety bonds
conditioned for the faithful exercise of their duties and the proper application and payment
upon demand of monies officially received by them. Such surety bonds shall also be
furnished by such other officers and employees of the City as may be required by the
Manager. Unless otherwise prescribed by State Law, the amount of such bonds shall be
fixed by the Council and the premium thereon shall be paid from City funds.
History: Ord 101 codified 1970; amended by Ord 101 Al 8-24-77 and Ord 101-A2
2-15-78
Reference. M.S. 412.111, 412.191, Subd I and 2; 471.705
115 - 3
City of Edina General Code Provisions and Administration 121.05
Section 121 - Special Board of Appeal and Equalization
121.01 Establishment; Powers and Duties. The Council does hereby establish a
Special Board of Appeal and Equalization (the "Board") and all the powers and duties of the
Council under M.S. 274.01, Subd. 1, are hereby delegated to the Board.
121.02 Membership. The Board shall consist of five members who are residents of
the City and are qualified by experience and training to pass upon matters pertaining to
property valuations. At least one member shall be an appraiser, realtor, or another person
familiar with property valuations in the City of Edina. Members shall be appointed by the
Mayor with the consent of the majority of the Council for a one year term. At least one
member of the Board must have attended the appeals and equalization course required by M.S.
274.014. Members of the Board shall serve without compensation. Board members who
discontinue legal residency in the City shall be automatically removed from office effective as
of the date of such discontinuance.
121.03 Organization.
Subd. 1 Chair. The Board shall elect a chair from its members for a term of
one year.
Subd. 2 Rules and Procedures. The Board shall adopt such reasonable rules and
procedures as are necessary and proper to carry out it powers and duties imposed by
M.S. 274.01.
121.04 Meetings. All meetings of the Board shall be open to the public, be governed
by Roberts Rules of Order, and otherwise be held pursuant to its rules and procedures. The
minutes of all meetings shall be recorded and a copy shall be transmitted to each member of
the council. At any meeting, three members shall constitute a quorum.
121.05 Staff. Board meetings shall be attended by the City Assessor, and/or a
designated City staff member, and a recording secretary."
History: Ord 2006-09 Adopted I1-6-06
Reference: M.S. 274.01
121-1 Supplement No. 2006-02
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. Secure for all of the residents of the City freedom from discrimination because of
race, color, creed, religion, age, sex, sexual orientation, marital status, disability,
status with regard to public assistance, familial status or national origin in connection
with employment, housing and real property, public accommodations, public services,
credit and education.
B. Support the home, family and human relations in the City.
C. 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 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 nine regular members, including
one student, appointed by the Mayor with the consent of a majority of the Council. The
student member of the Commission shall have full voting rights and shall serve for a one-year
term. 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.
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 shall be deemed to have
resigned from office effective as of the date of such discontinuance.
140 - 1 Supplement 2009-01
City of Edina General Code Provisions and Administration 140.06
140.05 Organization. The Commission shall:
A. Elect from its members each year 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. 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.
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; Ord 2009-02, 04-07-09
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Reference: M.S. 363
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140 - 2 Supplement 2009-01
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. 0 f-t� 3�:�
146.03 Membership. The Commission shall consist f members appointed by the
Mayor with the consent of the majority of the Council. Oise 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 of1ree ners, except that a student
member shall be appointed for a term of one year. Of the 1 1- , one member shall also
be a member of the Planning Commission. 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 or pursuant to
Section 180 of this Code.
146 - 1 Supplement 2010-02
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.
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C. Appoint a secretary from its membership or request that a staff secretary be
furnished by the City. If a secretary is assigned by the City, the secretary shall
perform only such clerical duties on behalf of the Commission as may be assigned
by the chair with the consent of the Manager. Additional advisory staff may be
assigned to the Commission by the Manager.
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; Ord 2009-04, 03-17-09, Ord 2010-04, 03-02-10
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146 - 2 Supplement 2010-02
City of Edina General Code Provisions and Administration 150.03
Section 150 - Personnel Policy
150.01 Purpose. The purpose of this Section is to establish a system of municipal
personnel administration for all the employees of the City.
150.02 Definitions. For the purpose of this Section, types of employment shall be defined
as follows:
Employee. All employees of the City, regular, temporary, full-time and part-time,
unless restricted by any specific language herein.
Full-Time. Employment where the employee is regularly engaged on a scheduled basis
for a period of at least 40 hours in every seven day work cycle.
PERA. The Public Employees Retirement Association under M.S. 353 (including any
subsequent amendment or replacement).
Regular Full-Time Employment. Employment on a year-round, full-time basis.
Regular Part-Time Employment. Employment on a less than full-time basis but
extending year-round.
Temporary Full-Time Employment. Employment on a full-time basis but for a
limited period only pursuant to a written contract with the City.
Temporary Part-Time Employment. Employment on either a full-time basis or less
than a full-time basis but for a limited period or seasonal period only and for which
there is no written contract with the City.
Year. Unless otherwise provided in this Section, each period starting with the date of
initial employment or any annual anniversary thereof and ending the day before the then
next subsequent annual anniversary of such date.
150.03 Scope of this Section.
Subd. 1 Personnel Covered. Except as otherwise specifically provided, this
Section applies to regular full-time employees, regular part-time employees, temporary
full-time employees, and temporary/seasonal part-time employees of the City, except
the following:
A. All elected officials.
B. The City attorneys.
C. Members of City boards, commissions, and committees.
150-1 Supplement 2008-01
City of Edina General Code Provisions and Administration 150.04
D. Volunteer fire fighters and other volunteers.
E. The Manager.
Subd. 2 Provisions Inapplicable Under Certain Cases. Any employee included in
a collective bargaining agreement entered into in accordance with the Public
Employment Labor Relations Act (M.S. 179A.01 to 179A.30) shall be exempt from
any provision of this Section which is addressed by such agreement, except, however,
as specifically provided in Subsection 150.10, Subd. 1 hereof. Nothing in this Section
is intended to modify or supersede or to add to or to detract from any provision of the
Veterans' Preference Act, M.S. 197.455, 197.46 and 43A.11, or of any collective
bargaining agreement now in force.
Subd. 3 Benefits. Benefits created or granted by this Section, including, without
limitation, vacation leave, sick leave and severance pay, shall apply to and benefit only
regular full-time employees and not any regular part-time employees, temporary
full-time employees or temporary part-time employees, except as otherwise specifically
provided herein and except as otherwise required by applicable law.
Subd. 4 Rights, Duties and Benefits. The rights, duties and benefits of each
temporary full-time employee shall be as stated in, and shall be controlled by, that
employee's contract with the City, and not by this Section.
Subd. 5 Provisions. The provisions of this Section shall be subject to all applicable
laws, statutes, rules, sections and regulations, which shall control over any contrary or
inconsistent provisions of this Section.
150.04 Powers and Duties of Manager on Personnel Matters. The Manager shall
perform duties and exercise powers concerning personnel matters as follows:
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Subd. 1 Changes to Council. Recommend to the Council such changes in this j
Section as the Manager may consider necessary or desirable.
Subd. 2 Changes in Status of Employees. Appoint, promote, transfer, reprimand,
suspend, demote, and dismiss department heads and City employees based on merit and
fitness. Merit and fitness may be determined by such oral, written or other
examinations, investigations or means, as may from time to time be deemed appropriate
by the Manager.
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Subd. 3 Classification Plan. Prepare, put into effect and maintain a classification
plan based on duties, responsibilities and authority of the employees within the City.
Subd. 4 Compensation Plan. Prepare and maintain a compensation plan for all
positions in the classification plan.
Subd. 5 Rules and Regulations. Issue rules and regulations governing the conduct
of personnel and the performance of their assigned duties.
150-2 Supplement 2008-01
City of Edina General Code Provisions and Administration 150.05
Subd. 6 Issuance of Rules and Regulations. Issue such rules and regulations and
perform or cause to be performed such other activities with reference to personnel
administration as may be determined by the Manager to be appropriate.
Subd. 7 Delegation and Revocation by Manager. The Manager, from time to
time, may delegate and, from time to time, may revoke such delegation of any or all of
the Manager's authority granted by or derived from this Section or other applicable law
or statute to such person or persons as the Manager shall designate, and references to
the Manager shall mean and include any such designee.
150.05 Appointments. Every appointment to City employment shall be made by the
Manager, and shall be made on the basis of merit and fitness for the position. Merit and
fitness shall be ascertained by such means as are deemed appropriate by the Manager to
evaluate the ability of the candidate to discharge the duties and responsibilities of the position
subject to the appointment.
Subd. 1 Equal Opportunity. The City shall provide equal opportunity to all
employees and applicants for employment in accordance with all applicable equal
employment opportunity/affirmative action laws, statutes and regulations of federal,
state and local governing bodies, including any such equal opportunity/affirmative
action plans of the City.
Subd. 2 Discrimination. The City shall not discriminate against any employee or
applicant for employment because of race, color, creed, religion, national origin, sex,
disability, age, marital status, or status with regard to public assistance.
Subd. 3 Selection Process. In the selection process for regular full-time
employment in the areas of public safety, public works, park maintenance and such
other areas of City employment as are deemed appropriate by the Manager, the
Manager shall require the person who is offered employment, subject to passing a
physical and psychological examination, to take a physical and psychological
examination.
Subd.4 Criminal History Background Checks. At the direction of the Manager,
the Police Department is authorized to conduct criminal history background checks on
applicants for appointment to City employment where the Manager has determined that
conviction of a crime may relate to the position for which appointment is sought.
Criminal history background checks may be performed only for individuals who are
deemed by the Manager to be finalists for a paid or volunteer position. Prior to
performing a criminal history background check, the Police Department shall receive
from the Manager a written consent from the applicant agreeing to the background
check and to the release of information discovered by the background check to the
Manager and other City employees as determined by the Manager for the purpose of
determining the applicant's qualification for employment by the City. The failure by
the applicant to provide such a consent may disqualify the applicant for the position
sought.
150-3 Supplement 2008-01
City of Edina General Code Provisions and Administration 150.07
150.06 Probation Period. The probationary period is hereby determined to be an integral
part of the employee selection process and shall be utilized for observing the employee's work,
for securing the most effective adjustment of the employee to the position, and for rejecting
any employee whose performance does not meet the required work standards. All regular
full-time and regular part-time employees are subject to a probationary period but temporary
full-time and temporary part-time employees shall not be subject to a probationary period.
Subd. 1 Duration. Every original and every promotional appointment is subject to
a probationary period of 12 months after the appointment. The probationary period
may be extended for up to six months by the Manager for reasons deemed sufficient by
the Manager.
Subd. 2 Termination. The Manager or the Manager's designee may terminate an
employee at any time during the probationary period of that employee. The employee
so terminated shall be notified in writing of the termination and shall not be entitled to a
hearing.
Subd. 3 Completion. Immediately prior to the expiration of the probationary
period, the department head shall notify the Manager, in writing, whether or not the
services of the employee have been satisfactory and whether or not the employee will
continue. If notification states that the employee will be continued, the probationary
period shall end. If the department head is the person about whom notice is being
given, the Manager shall perform the duties of the department head under this
Subdivision.
Subd. 4 Leave Benefits During Probation. During the first six months of each
probationary period, except a promotional probationary period, an employee will not be
entitled to use vacation leave. Vacation leave shall accrue from the start of the
probationary employment even though not usable during the first six months of the
probationary period.
During the first six months of each probationary period, except a promotional
probationary period, an employee will be entitled to use sick leave. Sick leave that
would accrue during the first six months of the probationary period will be placed in
the sick leave bank of a probationary employee for use from the first day of
employment. No further sick leave will accrue until the first day of the seventh month
of employment. ;.
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Subd. 5 Rehire. Any employee who voluntarily or involuntarily leaves the
employment of the City and later is rehired shall be subject to the same probationary
period as a new employee. Such employees shall receive no credit for prior years of
service with the City in terms of pay or seniority status in determining duty shifts, work
assignments or other benefits.
150.07 Compensation.
Subd. 1 Amount. Employees of the City shall be compensated according to the
150-4 Supplement 200-01
City of Edina General Code Provisions and Administration 150.07
schedule established from time to time by the Council. Any wage or salary so
established shall be the total remuneration for employment, but shall not be considered
as remuneration which may be allowed for official travel or other expenses incurred in
the conduct of official City business. Unless approved by the Manager, no employee
shall receive compensation from the City in addition to the salary authorized for the
position to which the employee has been appointed.
Subd. 2 Comparable Worth Value. Subject to M.S. 179A.01 to 179A.30 but
notwithstanding any other laws to the contrary, the City established on August 1, 1987,
equitable compensation relationships as prescribed by M.S. 471.991 to 471.999.
Therefore, compensation of each class of City employee shall be fixed in compliance
with the provisions of those statutes.
Subd. 3 Regular Hourly Rate of Pay. Employees who are compensated at an
hourly rate under the State or Federal Fair Labor Standards Act shall have said hourly
rate computed as provided by applicable law.
Subd. 4 Temporary and Part-time Employees. Whenever an employee is hired to
work on less than a full-time basis or for temporary employment, compensation shall be
paid for the position hired as provided for in the part-time and temporary compensation
plan then approved by the Council. Temporary and part-time employees are not
entitled to sick leave or vacation leave except to the extent determined necessary or
desirable by the Manager for the proper administration of the City.
Subd. 5 Overtime. Employees to whom either the State or Federal Fair Labor
Standards Act apply shall be compensated for overtime at one and one-half times the
regular rate of pay. To the extent permitted by law and policy then established by an
employee's department head, and which policy has been approved by the Manager, an
employee may accrue and use compensatory time instead of pay at overtime rates.
Subd. 6 Paydays. Employees shall be paid bi-weekly on alternate Fridays. When a
payday falls on a holiday, employees shall be paid on the preceding work day.
150.08 Work Hours. Work schedules for employees shall be established by the
appropriate department head with the approval of the Manager. The regular work week for
employees is five, eight-hour working days in addition to one 30 minute lunch period per
working day within a seven-day cycle, except as otherwise established by the department head
with the approval of the Manager.
150.09 Vacation Leave With Pay.
Subd. 1 Eligibility. Regular full-time employees shall accrue vacation leave
according to the following schedule. No other types of employees are eligible for or
shall accrue vacation leave with pay.
Subd. 2 Amount. The following accrual schedule shall apply to eligible employees:
1 through 5 continuous years of 3.076 hours per pay period
150-5 Supplement 2008-01
City of Edina General Code Provisions and Administration 150.10
regular full-time employment (10 days per year)
6 through 10 continuous years of 4.61 hours per pay period
regular full-time employment (15 days per year)
11 through 15 continuous years of An additional .307 hours per pay period or
regular full-time employment one additional day of vacation for each
additional year of service to 15 years of
service. (total at 15 years of service - 20
days per year).
16 years or more continuous 6.154 hours per pay period (20 days per
service of regular full-time year)
employment.
Subd. 3 Conditions Affecting Accrual of Vacation. Although leaves of absence,
under Subsection 150.12 shall be included in the continuous years of service for the
purpose of determining accrual rates, vacation shall not accrue during leaves of absence
under said Subsection 150.12.
Subd. 4 When Taken. Vacation leave may be used as earned, subject to the
approval of the department head to the time at which it is taken and subject to the
provisions of Subd. 4 of Subsection 150.06.
Subd. 5 Maximum Annual Carry Forward. All regular full-time employees with
five continuous years of employment or less may carry forward from one calendar year
to the next all vacation leave earned during the calendar year. All regular full-time
employees with more than five continuous years of employment may carry forward not
more than 40 hours of vacation earned during a calendar year. Vacation leave earned
but not taken which exceeds 40 hours per calendar year shall be deducted from each
employee's vacation balance at the end of each calendar year. The maximum amount
of vacation that may be taken during a calendar year is 25 days except that additional j
days may be taken in accordance with the family and medical leave policy adopted
pursuant to subsection 150.13.
Subd. 6 Terminal Leave. All employees who accrue vacation and who leave
employment with the City in good standing, as described in Subsection 150.16, shall be
compensated for all accrued and unused vacation at the date of separation.
Subd. 7 Accrual During Leave. An employee using earned vacation leave shall
accrue vacation and sick leave during such use.
150.10 Sick Leave.
Subd. 1 Eligibility. Every regular full-time employee shall be entitled to and shall
accrue sick leave with pay. No other types of employees are entitled to or shall accrue
sick leave with pay.
150-6 Supplement 200-01
City of Edina General Code Provisions and Administration 150.10
Subd. 2 Amount. All employees entitled to sick leave shall accrue sick leave at a
rate of 3.69 hours per pay period.
Subd. 3 Purpose. Sick leave with pay may be granted to employees entitled thereto
when the employee is unable to perform scheduled work duties due to illness/disability,
the necessity for medical, dental or chiropractic care, childbirth or pregnancy disability,
exposure to contagious disease where such exposure may endanger the health of others
with whom the employee would come in contact in the course of performing work
duties. Sick leave with pay may also be granted for a variety of other family and
medical circumstances. The amount and conditions under which sick leave with pay
may be used for such circumstances is provided in the family and medical leave policy
adopted pursuant to Subsection 150.13 of this Code. Sick leave with pay may be
granted for a maximum of five scheduled work days in the event of the death of an
employee's spouse, father, mother, spouse's father or mother or child and a maximum
of three days in the event of the death of an employee's grandparent, grandchild,
brother or sister.
Subd. 4 Proof.
A. To be eligible for sick leave with pay, a regular full-time employee shall report
their absence to their supervisor within the first thirty minutes of the start of that
employee's scheduled work period.
B. To be eligible for sick leave with pay, an employee entitled thereto shall keep
their supervisor informed on a daily basis of their condition or the condition of the
family member that is ill and if the absence is of more than three scheduled work
days duration, submit a medical certificate in form and substance acceptable to the
Manager or department head. The Manager or department head shall have the right
to verify any reported illness of an employee by such means as they deem
necessary. The employee may also be required to submit proof, satisfactory to the
Manager or department head of their physical/emotional ability to perform their
duties upon their return from sick leave."
Subd. 5 Penalty. Using or claiming sick leave for a purpose not authorized by
Subd. 3 shall be cause for disciplinary action under Subsection 150.20, including
reprimand, suspension or dismissal.
Subd. 6 Accrual During Leave. An employee using earned sick leave shall accrue
vacation and sick leave during such use.
Subd. 7. Unused Sick Leave Upon Termination. All employees who accrue sick
leave and who leave employment with the City in good standing, as described in
Subsection 150.16, shall be compensated for accrued and unused sick leave at the date
of separation as provided in the Policy for the Payment of Unused Sick Leave adopted
by the City Council on September 7, 1999, as amended by the Policy for a Health Care
Savings Plan adopted by the City Council on March 18, 2003. Employees covered by a
150-7 Supplement 2008-01
City of Edina General Code Provisions and Administration 150.15
collective bargaining agreement shall not be eligible for pay under this Subdivision
unless the collective bargaining agreement so provides.
Subd. 8 Applicable Provisions. The provisions of this Subsection except Subd. 1 li
and Subd. 2 hereof, shall be used to administer sick leave provisions of any collective
bargaining agreements which include City employees.
150.11 Military Leave. Every employee to whom M.S. 192.26 or 192.261, or U.S.C.A.,
Title 38, Section 2021, applies, is entitled to the benefits, but subject to conditions prescribed
therein as required by law.
150.12 Leave of Absence. Except as required by M.S. 181.9412 and 181.945, the
Manager may grant any regular full-time employee a leave of absence without pay for a period
not to exceed 90 calendar days except that the Manager may extend such leave to a maximum
period of 120 calendar days in case the employee is disabled or where extraordinary
circumstances, in the Manager's judgment, warrant such extension. No vacation or sick leave
with pay benefits shall accrue during a leave of absence without pay. During a leave of
absence, health, life insurance, and long term disability insurance premiums shall be paid by
the employee with no contribution by the City.
150.13 Family and Medical Leave. The City will grant leave to eligible employees due to I,
a variety of family and medical circumstances. The City maintains a policy concerning the
eligibility for and the use of such leave in accordance with the Family and Medical Leave Act
of 1993.
150.14 Jury Duty. When a regular full-time or regular part-time employee performs jury
duty the employee is entitled to compensation from the City equal to the difference between the
employee's regular pay and the amount received as a juror.
150.15 Rest Periods and Holidays.
Subd. 1 Rest Periods. Every employee, when working under conditions where a
break period is practicable, shall be granted a 15 minute break period in each half of the
employee's shift. Each department head shall schedule rest periods so as not to
interfere with work requirements.
Subd. 2 Holidays. The following calendar days and such other days as designated by
the Council are paid holidays New Year's Day - January 1; Martin Luther King Jr.
Day -the third Monday in January; President's Day - the third Monday in February;
Memorial Day - the last Monday in May; Independence Day - July 4; Labor Day - the
first Monday in September; Veteran's Day - November 11; Thanksgiving Day - the
fourth Thursday in November; the Friday after Thanksgiving Day; and Christmas Day
- December 25. Also one-half day on Christmas Eve - December 24, and one-half day
on New Year's Eve - December 31, shall be paid holidays whenever they fall on one of
the days Monday through Friday. When New Year's Day, Independence Day,
Veteran's Day or Christmas Day fall on Saturday, the preceding Friday is the holiday,
and should these days fall on Sunday, the following Monday shall be the holiday. All
150-8 Supplement 2010-01
City of Edina General Code Provisions and Administration 150.17
regular full-time employees entitled to time off with full pay on holidays. City Hall
shall be closed for business on each such holiday, but employees may be required to
work on paid holidays when the nature of their duties or other conditions require. An
employee required to work on a holiday shall receive another day off within 30 days as
the department head determines unless consideration is given to this factor in
determining work schedules. Each holiday commences at the beginning of the first shift
on the on which the holiday occurs and continues for 24 hours. Eligible employees shall
receive pay for official holidays at their normal rate of pay if they are at work or are on
leave of absence with pay the last regular day or shift to which they were or would have
been assigned prior to the holiday and the first regular day or shift to which they were
or would have been assigned following the holiday. In addition to meeting the
foregoing criteria, regular part-time employees, are entitled to pay on a holiday only if
they would normally be scheduled to work on the day if-4-hey—would-normally be
.SGbi-diab-C], to on the day of the week designated as the holiday and they shall be
paid only for the number of hours they would have worked. The Manager, in the
Manager's discretion, may grant paid holiday to individuals for the celebration of
certain religious holy days observed by their particular faith.
150.16 Resignation. Any employee wishing to leave municipal service in good standing
shall file with the employee's department head and the Manager, at least 14 calendar days
before leaving, a written resignation stating the effective date of resignation and the reason for
leaving, and shall be present at work the three consecutive work days prior to the final date of
employment with the City. Failure to comply with this procedure may, at the discretion of the
Manager, be considered cause for denying the employee severance pay or future employment
by the City. Unauthorized absence from work for a period of three consecutive days may be
considered at the discretion of the department head and Manager as a resignation.
150.17 Severance Pay.
Subd. 1 Special Definitions. The following special definitions apply only to this
Subsection:
Eligible Employee. An employee of the City who is eligible for severance pay
under Subd. 2 of this Subsection.
Pay. The eligible employee's regular basic salary or wage (before any payroll
deductions) for regular full-time employment in effect on the severance date.
PERA Rules. The requirements for payment of an annuity or benefit from
PERA as of May 31, 1989 (including any changes in such requirements adopted
as of that date, but effective after that date).
Regular Full-Time Employment. Employment with the City where the
employee is regularly engaged for a minimum of 40 hours every seven day
cycle, as determined by the needs and particular customs in the employee's
department.
150-9 Supplement 2010-01
City of Edina General Code Provisions and Administration 150.18
Severance Date. The last date on which the eligible employee performs duties
in full-time employment.
Subd. 2 Eligible Employees.
A. General Rule. The City shall provide severance pay only to those regular
full-time employees who are no longer in their original probationary period (as
contrasted with a promotional probationary period), who leave employment in
good standing as described in Subsection 150.16, whose employment ends:
1. Due to total and permanent disability, as determined by PERA under
PERA rules, or;
2. Due to the effects of a permanent elimination by the City of any
functions or activities of the City.
B. Special Rule. Regular full time employees hired prior to January 1, 2000,
who leave employment in good standing as described in Subsection 150.16 after
20 years of continuous service to the City shall be eligible for severance pay but
only as provided in the Policy for the Payment of Unused Sick Leave adopted
by the City Council on September 7, 1999, as amended by the Policy for a
Health Care Savings Plan adopted by the City Council on March 18, 2003.
Regular full time employees hired after January 1, 2000, shall not be eligible for
severance payments as provided by this paragraph B.
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C. Exclusion. Employees covered by a collective bargaining agreement shall
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not be eligible for severance pay under this Subsection.
Subd. 3 Amount. The eligible employee's severance pay shall be a lump sum
amount equal to six weeks pay. j
Subd. 4 When Paid. The City shall pay the severance pay on the payday
immediately following the eligible employee's severance date. For total and permanent
disability, however, the City shall pay the severance pay on the payday immediately
following its receipt of appropriate notice of PERA's determination.
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150.18 Grievance Policy. It is the policy of the City insofar as possible to prevent the
occurrence of grievances and to deal promptly with those which occur. An employee may
grieve only those subjects identified within this Section. An employee has five working days
from the date of the occurrence within which to bring the grievance to the attention of the
supervisor. When any employee grievance comes to the attention of a supervisory employee,
the supervisor shall discuss all relevant circumstances with the employee, consider and
examine the causes of the grievance, and attempt to resolve it to the extent of the supervisor's
authority to do so. If the grievance remains unresolved at that level, the grievance may be
appealed to the next administrative level, and so on up to and including the Manager and
Council. The Council's decision concerning a grievance is final.
150-10 Supplement 2010-01
City of Edina General Code Provisions and Administration 150.20
150.19 Lay-Off. The Manager may lay-off any employee when in the sole and exclusive
judgment of the Manager it is appropriate because of the shortage of work, funding of
positions, changes in the organization or for any other reason.
150.20 Discipline.
Subd. 1 General. All City employees shall be subject to disciplinary action,
including dismissal, for failing to fulfill their duties and responsibilities as determined
by the City. The following grounds may, as deemed appropriate by the City, be the
basis for discipline, including dismissal. These are examples only:
A. Unauthorized possession or use of City property.
B. Refusal or failure to comply with an assignment or order, or to perform
assigned work.
C. Unauthorized absence.
D. Tardiness after warning.
E. Possession, sale, consumption, or under the influence of non-prescription
drugs, alcohol, or other controlled substances while on duty.
F. Violation of law, or of City work rules, policies or practices as deemed
appropriate by the Manager.
G. Failure to perform assigned tasks at a performance level or in a manner
satisfactory to the Manager.
The above are intended to serve only as examples and are not the exclusive grounds for
which the City may discipline, including dismissal. The City reserves the right to
determine that other actions or inaction are grounds for discipline, including dismissal.
Employees subject to discipline have the right to pursue the grievance procedure or
hearing procedure as provided for herein.
Subd. 2 Disciplinary Action. As determined by the sole judgment of the City,
disciplinary action may involve any of the following steps, whether or not any specific
progression is followed, as determined by the City:
A. Oral reprimand.
B. Written reprimand.
C. Suspension with or without pay.
150-11 Supplement 2010-01
City of Edina General Code Provisions and Administration 150.22
D. Demotion or transfer.
E. Dismissal.
Subd. 3 Written Notice to Employee. Before any employee is suspended,
demoted, transferred, or dismissed for disciplinary reasons, the employee shall be given
written notice of the reason(s) for any such proposed action. The employee shall also
be given notice of a hearing to be held before the Manager. The employee may be
accompanied at the hearing by a representative. At this hearing the Manager shall
receive evidence offered in support of the reasons for the proposed action and evidence
as may be presented by or on behalf of the employee. After the close of the hearing, the
Manager shall consider the evidence presented and make a decision. Notwithstanding
the following provisions regarding notice of proposed action and an opportunity for
hearing before personnel action is taken, the City reserves the right in cases it considers
proper, such as those involving safety, and health considerations, or other hazards
affecting the interests of employees or other persons, or in other appropriate
circumstances as determined by the City, to remove an employee from the performance
of duties in whole or in part before any such hearing is held or decision made pending
such decision.
Subd. 4 Findings of Manager. The findings and conclusions of the Manager shall
be in writing, filed with the Clerk, and served on the employee. The decision of the
Manager shall be implemented upon such filing and service.
Subd. 5 Right to Appeal. In cases where the Manager decides to impose personnel
action affecting the employee as a result of proceedings instituted under this Section,
the employee shall have the right to appeal said decision to the Council. Said appeal
must be made in writing and filed with the Manager within five working days after the
notification to the employee of the decision of the Manager. The appeal and hearing
conducted pursuant to any such appeal before the Council shall be conducted as
determined by the Council and may include the appointment of a committee of the
Council to hear the appeal. Such committee shall prepare findings and conclusions for
submission to the Council for its consideration and action. The action of the Council
on any such appeal may affirm, overrule, or modify the action of the Manager. The
findings and conclusions of the Council on an appeal shall be in writing, filed with the
Clerk, and served upon the employee and the Manager. The Council's action on such
appeal shall be final.
Subd. 6 Hearing for Veteran. If the disciplinary action involves the removal of a
veteran, the hearing shall be held in accordance with M.S. 197.46.
I
150.21 Sexual Harassment. The City is committed to providing a work environment that
is free of sexual harassment. In keeping p g wi th this commitment, the City maintains a policy
prohibiting sexual harassment. This policy prohibits sexual harassment in any form, including
verbal and physical harassment.
150.22 Drug Free Workplace. The City is committed to providing a healthy and efficient
150-12 Supplement 2008-01
City of Edina General Code Provisions and Administration 150.25
work force free from the effects of drug abuse. In keeping with this commitment, the City
maintains a policy in compliance with the Federal Drug-Free Workplace Act of 1988 and
applicable State law.
150.23 Unlawful Acts.
Subd. 1 Falsification of Records. No person shall knowingly make any false
statement, certificate, mark, rating, or report in regard to any test, certificate or
appointment held or made under the City personnel system or in any manner commit or
attempt to commit any fraud preventing the impartial execution of the provisions of this
Section.
Subd. 2 Rendering of Consideration. No person seeking employment to or
promotion in the service of the City shall directly or indirectly give, render, or pay any
money, service, or valuable consideration to any person, on account of or in connection
with the person's test, employment, or promotion, or proposed employment or
promotion.
150.24 Officials Under Workers' Compensation Act. Pursuant to M.S. 176.011, Subd.
9, the elected officials of the City and those municipal officials appointed to a regular term of
office or to complete the unexpired portion of a regular term, are hereby included in the
coverage of the Minnesota Workers Compensation Act.
150.25 Political Activity. An employee may not use official authority or influence to
compel a person to apply for membership in or become a member of a political organization,
or to compel a person to pay or promise to pay a political contribution, or to compel a person
to take part in political activity.
Any employee who shall become a candidate for a federal, state or municipal elective office, or
assume a federal, state or municipal elective office, shall be expected to properly fulfill the
normal employee's duties during such candidacy and while holding such office and may be
disciplined for failure to do so. Also, an employee holding such office shall be permitted time
off from regular employment to attend meetings required by reason of the public office. Such
time off may be without pay, with pay, or made up with other hours, as agreed between the
employee and the Manager.
Any employee whose principal employment in the City is in connection with an activity which
is funded in whole or in part by the United States or a federal agency is also subject to the
restrictions and penalties of the Federal Hatch Act. (Title 5, U.S.C.A. 8 1501, et. seq)
History: Ord 121 codified 1970, repealed and replaced by Ord 122 12-6-89; amended by Ord
1994-8 9-28-94, Ord 1999-10 9-07-99; Ord 2003-5 3-18-03; Ord 2005-10 9-20-05; Ord 2008-
06, 06-17-08, Ord 2010-06, 03-16-2010
Reference: M.S. 43A.11, 179A.01 to 179A.30, 197.455, 197.46, 211B.09, 211B.10, Subd. 2,
353, 471.991 to 471.999
150-13 Supplement 2010-01
City of Edina General Code Provisions and Administration 180.04
Section 180 - Removal of Members of Boards, Commissions and
Committees
180.01 Purpose. The purpose of this Section is to provide for the removal from office of those
members of various governmental boards, commissions and committees who have repeated
absence from the regularly scheduled meetings of the board, commission or committee of
which they are member.
180.02 Removal. Any member of a board, commission or committee established by the City
Code who fails to attend three consecutive meetings, whether regular or special, or who fails
to attend at least 75% of the scheduled meetings in any calendar year, whether regular or
special, shall be deemed to have resigned as a member of the board, commission or committee.
The requirement of this subsection shall not apply to attendance at meetings of committees or
subcommittees including committees of the whole, established by a board, commission or
committee.
180.03 Vacancies. Any member of a board, commission or committee who has been removed
pursuant to Subsection 180.02 shall be replaced by the appointment of a new member who
shall serve for the remainder of the term of the member removed. The appointment shall be
made in the same manner as original appointments to the board, commission or committee are
made.
180.04 Exceptions. The removal provisions of Subsection 180.02 shall not apply to members
of the Housing and Redevelopment Authority of Edina, the Edina Foundation, the East Edina
Housing Foundation or the Council.
History: Ord 162 adopted 4-4-74; amended by Ord 162-Al 3-6-75, Ord 162-A2 5-16-90; Ord
2007-21, 01-02-08; Ord 2009-7, 05-05-09
180 - 1
City of E General Code Provisions and Administration 185.0_ _--hedule A
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT
200 200.04 Public Dance Permit 54.00
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 53.50
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 01/01/10) Supplement 2010-01
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. 1613.70
Plan Review 65% of Permit Fee
410 410.02 Subd. 2 Other Permit Related Fees 55.00 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:
18; rr
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. 16B.70
435 435.07 Subd. 1 Other Permit Related Fees 55.00 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 55.00 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 150.00 For reface or 50 square feet or less plus an additional
3.00 Per square foot for signs greater than 50 square feet
185-4 (Effective 01/01/10) Supplement 2010-01
City of Edina General Code Provisions and Administration 185.01 - Schedule A
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT
460 460.06 Subd. 1 Courtesy Bench Sign Permit 35.00 per year
460 460.06 Subd 6 Sign Variance Fee 350.00 Residential Property
700.00 Commercial Property
500.00 Commercial Property
475 475.03 Subd. 1 Parking Ramp License 125.00 per year
605 605.05 subd.1 Operational Permits Required by MSFC 55.00 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 80.00 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 27.00 *minimum fee
501 to 2,000 27.00 *for first$500 plus
4.00 for each additional $100 or fraction thereof to and including$2,000
2,001 to 25,000 80.00 *for first$2,000 plus
16.00 for each additional$1,000 or fraction thereof to and including$25,000
25,001 to 50,000 450.00 *for first$25,000 plus
12.00 for each additional$1,000 or fraction thereof to and including$50,000
50,001 to 100,000 740.00 *for first$50,000 plus
9.00 for each additional$1,000 or fraction thereof to and including$100,000
100,001 to 500,000 1,140.00 *for first$100,000 plus
7.00 for each additional$1,000 or fraction thereof to and including$500,000
500,001 to 1,000,000 3,720.0 *for the first$500,000 plus
6.00 for each additional$1,000 or fraction thereof to and including$1,000,000
1,000,001 and up 6,450.00 *for the first$1,000,000 plus
5.00 for each additional$1,000 or fraction thereof
Plan Check 70% of Permit Fee
605 605.05 subd. 2 Code Compliance Inspection 55.00 per hour of total hourly cost to City, whichever is greater, with a minimum
1 hour fee. (Includes supervision, overhead, equipment, hourly wages and
fringe benefits of employees involved)
615 615.03 License to Service Fire Extinguishers 100.00 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 50.00 * (minimum fee)
6- 12 75.00 *
- 13 - 25 130.00
18: rr
City of E General Code Provisions and Administration 185.0 Iedule A
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT
26- 50 240.00 *
51 - 75 320.00 *
76-100 380.00 *
101 -125 420.00 *
126-150 450.00 *
151 -175 490.00 *
176-200 520.00 *
201 plus 600.00 *for first 200 + $3.00 for each additional head
625 625.04 Subd. 1 Fire Pump Installation and Associated 250.00
Hardware
Dry Valve Assembly 250.00
Hydrant Flow Test 100.00
Standpipe Installation 150.00
Each Additional Standpipe 50.00
625 625.04 Subd. 1 Fire Alarm&Alternative Fire Suppression
Permit
If total valuation of work is: Then amount is:
$1 to 500 27.00 *minimum fee
501 to 2,000 27.00 *for first$500 plus
4.00 for each additional $100 or fraction thereof to and including$2,000
2,001 to 25,000 80.00 *for first$2,000 plus
16.00 for each additional $1,000 or fraction thereof to and including$25,000
25,001 to 50,000 450.00 *for first$25,000 plus
12.00 for each additional$1,000 or fraction thereof to and including$50,000
50,001 to 100,000 740.00 *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 1,140.00 * for first$100,000 plus
7.00 for each additional$1,000 or fraction thereof to and including$500,000
500,001 to 1,000,000 3,720.00 *for the first$500,000 plus
6.00 for each additional $1,000 or fraction thereof to and including$1,000,000
1,000,001 and up 6,450.00 *for the first$1,000,000 plus
5.00 for each additional $1,000 or fraction thereof
Plan Check 70% of Permit Fee
625 625.04 subd. 2 Other Permit Related Fees 55.00 per hour of total hourly cost to City, whichever is greater, with a minimum
1 hour fee. (Includes supervision, overhead, equipment, 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: 7.50 Per Quarter- Single Family
185-6 (Effective 01/01/10) Supplement 2010-01
City of Edina General Code Provisions and Administration 185.01 - Schedule A
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT
7.50 Per Quarter- Double Bungalow
7.50 Per Quarter- Apartments/Condos (2-8 units)
721 721.03 Subd. 1 Food Establishment 610.00 High risk food
380.00 Medium risk food
110.00 Low risk food
140.00 Base fee
55.00 Beer or wine table service
130.00 Alcohol bar service
138.00 Food vehicle
150.00 Additional facility
200.00 Pushcart
120.00 Itinerant food
15.00 Food vending machine
721 721.03 Subd 1 Restaurant Plan Review Fee 150% of License Fee
Restaurant Plan Review Fee for Remodel 100% of License Fee
Minimum Restaurant Plan Review Fee 125.00
735 735.03 Lodging Establishment 8.00 per room
Supervised Group Home 45.00
Boarding and Lodging House License 105.00
740 740.04 Multiple Dwelling Parking Garage 48.00 per single tract of land(may contain more than one building under
same ownership)
740 740.04 Multiple Dwelling Parking Garage 85.00 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 200.00 per lot for division of one or more lots where no new buildable
lots are created
700.00 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 445.00
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
ig: fV6V--4.*- II1 l�si amen
City of E General Code Provisions and Administration 185.0 :hedule A
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT
$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
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 55.00 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 350.00 Residential
600.00 Commercial
850 850.04 Subd. 2A.2 Fee for Transfer of Land to Another 500.00 (One) R-2 Lot
Zoning District 600.00 (Two) R-2 Lots
1,100.00 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 800.00 Fee shall be equal to City staff time expended and City's direct
cost incurred in processing applications.
850 850.10 Subd. 1 D Landscaping Inspection 100.00
850 850.04 Subd. 6 Final Development Plan Application Fee 850.00
850 850.20 Subd. 10 Certificate of Appropriateness 600.00 Accessory structure and fagade change
850 850.20 Subd. 10 Certificate of Appropriateness 1,200.00 New House
900 900.07 Subd. 1 Liquor License Fees(per year) On-Sale Club License
300.00 Under 200 members
185-8 (Effective 01/01/10) Supplement 2010-01
City of Edina General Code Provisions and Administration 185.01 - Schedule A
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT
500.00 201-500 members
650.00 501-1000 members
850.00 1001-2000 members
1,000.00 2001-4000 members
2,000.00 4001-6000 members
3,000.00 over 6000 members
8,755.00 On-Sale Intoxicating License -Restaurants only
645.00 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
87.00 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 21.00
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 44.96 Per quarter up to and including 1600 cubic feet
Dwelling Units: 2.81 Additional from 1601 cubic feet and over
Apartment Buildings with More Than 40.46 Per quarter for each unit over four or
Four Dwelling Units: 2.81 per 100 cubic feet of water used during the quarter, whichever is greater
Commercial and Industrial Buildings, 44.96 Per water meter or approved sewage metering device on premises, or
Including Schools and Churches: 2.81 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. LC 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
1.11 Per 100 c.f. up to 3500 cubic feet
1.47 Per 100 c.f. from 3600 cubic feet to 6500 cubic feet
2.30 Per 100 c.f. over 6500 cubic feet
Water Service, Residential-Morningside Area 2.23 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
18S
r
City of E General Code Provisions and Administration 185.0 -hedule A
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT
Domestic accounts used by commercial 1.11 Up to 3500 cubic feet
and industrial buildings, including schools 1.47 Over 3500 cubic feet
and churches
Lawn watering accounts used by 1.47 Up to 3500 cubic feet
commercial and industrial buildings, 2.30 Over 3500 cubic feet
including schools and churches
1100 1100.03 Subd. 2 Meter Charge: 13.48 Per quarter for up to 3/4 inch meter
18.36 Per quarter for 1 inch meter
20.95 Per quarter for 1 1/4 inch meter
1100 1100.03 Subd. 2 Water Service (Meter Charge)cont. 23.56 Per quarter for 1 1/2 inch meter
37.95 Per quarter for 2 inch meter
144.13 Per quarter for 3 inch meter
183.46 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) 2,100.00 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 18.13 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 1st vehicle
95.00 per year for each additional vehicle
1311 1311.03 Peddler/Solicitor Permit 30.00 per permit- valid for 14 calendar days
1311.04 Subd. 1 Registration for Peddling/Soliciting 50.00 per registration-valid for 90 calendar days
1325 1325.03 Tobacco Sale License 365.00 per location
185-10 (Effective 01/01/10) Supplement 2010-01
City of Edina General Code Provisions and Administration 185.01 - Schedule A
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT
1341 1341.02 Registration for Massage Therapists 17.00 Per therapist for those businesses exempt from licensure
1341 1341.05 Physical Culture &Health Service or 285.00 Business License
Club, Reducing Club or Salon, Sauna
Parlor, Massage Parlor or Escort Service
License
1341 1341.05 Investigation Fee- Business License 1,500.00
1345 1345.05 Subd. 1 Sexually-oriented Business License 5,000.00 per year
1345 1345.05 Subd. 2 Business License 1,500.00 At time of original application
1350 1350.06 Subd. 1 Commercial Photography 32.00 Manager Permit- Still Photography
125.00 Manager Permit- Motion Photography
355.00 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 (E#T-•t:�o n�ins ism e,.
rr '
City of Edina Buildings, Construction and Signs 400.04
CHAPTER 4 - BUILDINGS, CONSTRUCTION AND SIGNS
Section 400 - Construction Board of Appeals
400.01 Establishment. The Council does hereby establish the Construction Board of
Appeals (the "Board") pursuant to MSBC Chapter 1300.0230, adopted by Section 410 of this
Code.
400.02 Powers and Duties. The Board shall:
A. Fulfill duties imposed upon it by MSBC chapter 1300.0230.
B. Consider appeals from any order, requirement, permit, decision, refusal or
determination made by the Building Official or the Sanitarian in the application or
interpretation of this Code regulating (i) construction, alteration, moving or demolition
of buildings, (ii) the construction, installation, alteration or removal of plumbing, gas
piping or equipment, water softening or filtering equipment, (iii) the installation,
alteration or removal of electrical wiring and equipment, or (iv) excavations under
Section 420 of this Code. The Board shall not hear any appeal from, nor have any
jurisdiction over, actions taken by any official of the City or under Section 470 of this
Code, or any section of this Code enforced by means of the procedures set forth in
Section 470 of this Code.
C. Study and review new types of materials and methods of construction, and advise
the Building Official and the Council as to the suitability of alternate materials and
types of construction to assist in progressive development of the provisions of the
building, plumbing, heating, gas piping, and electrical codes or sections of this Code,
and to make recommendations relative to the Codes.
D. Study and review from time to time the building, plumbing, heating, gas piping,
and electrical codes or sections of this Code and similar code provisions applicable in
communities surrounding the City and such other codes as may come to their attention,
and recommend to the Council such new legislation as the Board may deem desirable.
E. Consider matters referred to the Board by the Council or by the Building Official
and make recommendations relative to them."
400.03 Waiver of Requirements. In considering any appeal, the Board, if not prohibited
by State Law, may waive any requirement of any of the Code provisions therein referred to,
but only if the reason for such requirement does not exist because of the unusual use, location
or type of construction of the structure, or if it is demonstrated to the satisfaction of the Board
that the purpose of such requirement is met by other means or methods. The Board, in
granting any waiver of water or sewer connections required by Section 445 of this Code, shall
also make the findings of hardship and non-detriment required by Subsection 445.05 of this
Code, and shall condition its waiver on delivery to the City of the agreement required by
Subsection 445.05.
400.04 Appeals.
400 - 1 Supplement 2004-01
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I
Ii
City of Edina Buildings, Construction and Signs 400.04
Subd. 1 To Board. Appeals to the Board authorized by Subsection 400.02 shall be
made by filing a written appeal with the Building Official within 30 days of the date of
the order, requirement, permit, decision, refusal or determination being appealed. The
appeal shall fully state the order, requirement, permit, decision, refusal or
determination appealed from, the facts of the matter, the date thereof, and the mailing
address of the appellant. Upon the filing of such appeal, the Board shall set a hearing
date, give notice of the date, hold a hearing, provide for a record of its proceedings and
make its order on the record, all in the same manner as provided for appeals to the
Zoning Board of Appeals as set out in Section 850 of this Code.
Subd. 2 To Council. Appeals from any order or decision of the Board may be
taken to the Council, and shall be heard and decided by the Council, in the same
manner as appeals from decisions of the Zoning Board of Appeals as set out in Section
850 of this Code.
400.05 Membership. The Board shall consist of five members who shall be residents of
the City and are qualified by experience and training to pass upon matters pertaining to
building construction. The Building Official shall be an ex-officio member of and shall act as
secretary to the Board, but shall have no vote on any matter before the Board. Members shall
be appointed by the Mayor with the consent of a majority of the Council, shall be appointed
for a term of three years and shall serve until a successor shall have been appointed. Upon
termination of a member's term, that member's successor shall be appointed for the remainder
of such term. Members of the Board shall serve without compensation. Board members who
discontinue legal residency in the City may be removed from office by the Mayor with the
consent of a majority of the members of the Council.
400.06 Organization. The Board shall:
A. Elect from its members a Chair.
B. Adopt such reasonable rules and regulations as are necessary and proper to carry
out its powers and duties.
400.07 Meetings. All meetings of the Board shall be open to the public, be governed by
Roberts Rules of Order, and otherwise be held pursuant to its rules and regulations. The
minutes of all meetings shall be recorded and a copy shall be transmitted to each member of
the Council.
400.08 Change of Name. All references in all sections of this Code to the Building
Construction Appeals Board or to the Building Construction Codes Commission shall mean
and refer to the Board of Appeals created by MSBC Chapter 1300.0230, and called the
Construction Board of Appeals in this Code.
History: Ord 407 adopted 1-16-80; amended by Ord 407-A1 8-5-81, Ord 1995-1 3-29-95; Ord
2004-04, 4-29-04
Cross Reference: Sections 410, 420, 445, 470, 850; Subsections 445.02, 445.05
400 - 2 Supplement 2004-01
City of Edina Buildings, Construction and Signs 450.01
Section 450 - Swimming Pools
450.01 Definitions. For the purpose of this Section, the following terms, phrases, words,
and their derivations shall have the meanings given.
Backwash Piping. The piping which extends from the backwash outlet of a filter to its
terminus at the point of disposal.
Filter. A material or apparatus by which water is clarified.
Inlet. The fitting or opening through which filtered water enters the pool.
Lifeline Anchors. The rings at transition point of the pool.
Main Outlet. The outlet at the deep portion of the pool through which the main flow
of water leaves the pool when being drained or being recirculated.
Main Suction. The line connecting the main outlet to the pump suction.
Pool Deck. The finished area around the pool.
Pool Depth. The distance between the floor of the pool and the maximum operating
level when the pool is in use.
Pool Floor. That portion of the pool that is horizontal or inclined less than 45 degrees
to the vertical from the horizontal
Pool Wall. That portion of the pool that is vertical or inclined more than 45 degrees to
the vertical from the horizontal
Public or Semi-Public Special Purpose Pool. Any pool in which the water is agitated
by the use of propellers, recirculating pumps, compressed air, or any other means,
except when located within or adjoining a single family residence, and available only to
the occupants of the residence and private guests.
Public or Semi-Public Swimming Pool. Any swimming pool other than a residential
swimming pool.
Recirculating Piping. The piping through which the water circulates from the pool to
the filter and return to the pool.
Recirculation Skimmer. A device connected with pump suction used to skim the pool
over a self-adjusting weir and return the water to the pool through the filter.
Residential Special Purpose Pool. Any basin for holding water which is designed for
human use, 100 square feet or less in water surface area with a water depth greater than
450 - 1 Supplement 2006-02
City of Edina Buildings, Construction and Signs 450.03
24 inches at any point and which is accessory to a single family residence. This
definition includes, but is not limited to treatment pools, therapeutic pools, whirlpools,
spa pools, hot tubs and wading pools. This definition does not include temporary
above ground swimming pools.
Residential Swimming Pool. Any constructed pool which is used, or intended to be
used, as a swimming pool in connection with a single family residence, and available
only to the occupants of the residence and private guests.
Return Piping. The piping which carries the filtered water from the filter to the pool.
I
Swimming Pool. Any basin for holding water, designed for human use, with a water
depth greater than 24 inches. Swimming pools include public or semi-public special
purpose pools, public or semi-public swimming pools, residential swimming pools,
residential special purpose pools and temporary above ground swimming pools.
Temporary Above Ground Swimming Pool. A swimming pool which is inflated or
assembled above ground or on the ground and is intended by design to be seasonal in .
nature and available only to the occupants of a residence and their guests.
Transition Point. The point between the shallow and deep area of the pool.
Underwater Seats, Benches and Swimouts. An underwater seat, bench or swimout
located at the perimeter of a pool no greater than 20 inches below the waterline and a
horizontal depth of 12 inches or more.
Vacuum Fitting. The fitting in the wall of the pool which is used as a convenient
outlet for connecting the underwater suction cleaning equipment.
Vacuum Piping. The piping which connects the vacuum fitting to the pump suction.
Width and Length Determination. The width and length of the pool shall be
determined by actual water dimensions.
450.02 Construction Permit Approval. No person shall commence any work on the
construction of a swimming pool, or any alteration, addition, remodeling or other
improvement, or on any repair to a swimming pool, without first obtaining a permit from the
Building Official. The applicant for a permit shall submit for approval by the Sanitarian three
sets of identical plans and specifications and pertinent explanatory data relative to design,
operation and maintenance insofar as health and safety features are concerned in accordance
with the standards prescribed by this Section. Approval by the Sanitarian shall not pertain to
design for structural stability. The Building Official shall not issue the permit until the plans
and specifications have been approved by the Sanitarian.
450.03 Plans to be Submitted. Plans, specifications and pertinent explanatory data
required by Subsection 450.02 shall comply with the provisions of this Section and shall
450 - 2 Supplement 2006-02
City of Edina Buildings, Construction and Signs 450.05
include, but not be limited to, the following, as well as such other data as may be reasonably
requested by the Sanitarian and the Building Official:
A. The general layout of the entire building lot on which the pool is to be located,
distances of the pool from the lot lines, water supply systems, buried sewers and
sewage disposal systems, utilities (electric, gas, telephone, etc.) or other sources of
contamination within 50 feet of the pool. The plans shall be drawn to a scale of not less
than one-fourth inch equals one foot and shall indicate all dimensions, including the
effective length, depth, and width of the pool deck and similar items.
B. Cross-section views of the pool.
C. Cross-section view of scum gutters and skimmers.
D. Diagrams showing all pipes, lines, vacuum lines, waste and discharge lines,
circulation and other piping and listing material specifications and size.
E. Pool equipment layout, showing location of filters, pumps, chlorinators, chemical
feeds, flow meter gauges, sight glass, strainers, hair and lint interceptors, and the
dimensions of the filter room, its location, floor drain, sumps and other pertinent
information.
F. Liquid capacity of the pool.
G. Kind, number and size of filters, including the square footage of the filter area in
each unit.
H. Rated capacity of the filter in gallons per minute.
I. Description of chemical feeds for soda ash and alum, if used.
J. Type, kind and description of chlorinator to be installed.
K. Type and range of testing equipment, including chlorine.
L. Source of water supply.
450.04 Construction in Accordance with Approved Plans; Deviation. All swimming
pools, appurtenances, water supply and drainage systems, and other features shall be
constructed in conformity with the approved plans. For any deviation from such plans, a
supplementary plan covering that portion of the work involved shall be filed for approval and
shall conform to the provisions of this Section.
450.05 Permit Fee. The fee for a permit required by Subsection 450.02 shall be in the
same amount as the fee for a.building permit as set forth in Section 185 of this Code.
450 -3 Supplement 2006-02
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City of Edina Buildings, Construction and Signs 450.06
450.06 Construction. The design and construction, as well as all equipment and materials,
shall comply with the following requirements:
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Subd. 1 Structural Design. The pool structure shall be engineered and designed to
withstand the expected forces to which it will be subjected. All non-masonry
constructed walls shall be installed in accordance with the manufacturer's
specifications.
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Subd. 2 Wall Design. The top elevation of the pool walls shall not exceed by more
than eight inches the highest ground elevation abutting the pool walls at any point. In j
determining such highest ground elevation, no elevation increases shall be considered
that are due to fill placed or grading done in violation of this Subsection. The walls l
shall be vertical to a depth of three feet from the water level. No right angle projection
shall be permitted with exception of steps at the shallow end.
Subd. 3 Floor Slope. The slope of the floor on the shallow side of the transition
point shall not exceed one foot vertical to ten feet horizontal (1:10). The transition .
point between shallow and deep water shall occur in a water depth of at least five feet,
provided that this may be four and one-half feet if a safety line is erected at this point.
Where the water is five feet or more in depth, the maximum slope shall not exceed one
foot vertically in each three feet horizontally (1:3), provided that the floor slope from
the point of maximum depth to the deep end wall may be one foot vertically in each one
foot horizontally (1:1).
Subd. 4 Overflow and Surface Drainage. The pool and surrounding area shall be
constructed and arranged in such a manner that no splash or overflow water shall return
to the pool. No surface or roof drainage shall be permitted to enter the pool.
Subd. 5 Finish and Cove. Pool floor and walls shall have a cleanable, white or
similar light-colored and impermeable surface. The pool floor shall be skid resistant.
There shall be a minimum cove or rounded comer of one inch radius or more of the
pool floor and wall, or such other interior construction. Where the water depth is less
than five feet, the maximum radius or such cove shall be 12 inches.
Subd. 6 Handholds. Handholds shall be provided and consist of a bull-nosed
coping not over two and one-half inches thick for the outer two inches or an equivalent
approved handhold. The handhold shall not be more than nine inches above the normal
water line and shall extend around the entire periphery of the pool.
Subd. 7. Pool Deck. Unobstructed deck areas not less than 48 inches wide shall be
provided to extend entirely around each swimming pool. No deck may be provided for
that side of a swimming pool forming a common wall with a residential special purpose
pool, where the water depth of both the swimming pool and special purpose pool are
Tess than 54 inches, and where the deck extends around all of those sides of the special
purpose pool not sharing a common wall with the swimming pool. The deck shall be
constructed above, but not more than nine inches above, the normal water line. The
deck area shall be constructed of impervious material, and the surface shall be smooth
450 -4 Supplement 2006-02
City of Edina Buildings, Construction and Signs 450.06
and easily cleaned and of non-slip construction. The deck shall have a pitch of at least
one-fourth inch to the foot, designed so as to prevent back drainage into the pool. If
deck drains are provided, drain pipe lines shall be at least four times the cross-sectional
area of the drain pipe. The deck drain system shall have indirect connections to the
sanitary sewer. The deck drains shall not be connected to the recirculation systems
piping. Special features such as waterfalls, a vanishing edge, or other decorative
features may occupy a maximum of fifteen feet of deck around a swimming pool.
Where the maximum depth of the swimming pool does not exceed 54 inches of water,
one side of the swimming pool deck may be obstructed by special features.
Except, a deck is not needed around the perimeter of a special purpose pool where the
special purpose pool is not located within four feet of a residential swimming pool.
A. The pool is accessible from at least one side by a deck.
B. The deck is no less than four feet wide as measured perpendicular to the
pool side and no less than eight feet long as measured parallel with the pool
side.
C. The special purpose pool is not located within four feet of a residential
swimming pool.
D. The deck elevation is no lower than the elevation at the base of the special
purpose pool or no more than 9 inches above the normal water line of the
special purpose pool."
Subd. 8. Entry/Exit. Two or more means of entry/exit shall be provided for all
residential swimming pools. At least one entry/exit shall be located on the side of the
pool at the deep end and one at the shallow end. The entries/exits shall consist of one or
a combination of the following: steps, stairs, ladders, step holes, underwater seats,
benches and swimouts. Step holes and ladders shall have a handrail on both sides.
Underwater seats, benches and swimouts shall be visually set apart. If the pool is
designed for use with diving equipment, the underwater seats, benches and swimouts
shall be located outside of the required minimum diving water envelope as set forth in
American National Standard for Residential Inground Swimming Pools (ANSI/NSPI -
5 2003) a copy of which is on file with the City Clerk. Two means of entry/exit shall
be provided at the deep end where the width of the pool exceeds 30 feet.
Subd. 9 Diving Area. Minimum depths and area shall be as follows:
Deck Intermediate One Meter
Level Board Board Board
Maximum distance 18 inches 30 inches 39.37 inches
above water
Minimum water 8 feet 8 feet 8.5 feet
depth five feet from
450- 5 Supplement 2006-02
City of Edina Buildings, Construction and Signs 450.07
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tip of driving board
Distance of deep 10 feet 11 feet 12 feet
point from diving I
well
Distance from deep 10 feet 11 feet 12 feet
point to transition
point
Deck Intermediate One Meter
Level Board Board Board
Minimum diving 2.5 feet 2.5 feet 3 feet
board overhang
Minimum distance 7 feet 7.5 feet 8 feet
from side wall to
center of board
At least 13 feet of free and unobstructed headroom shall be provided above diving
boards. One depth marking shall be provided in the deck or the wall of the pool above
the high water line indicating the greatest depth in feet. Diving structures shall be
securely anchored.
Subd. 10 Minimum Depth. The minimum depth for all pools shall be three feet
except for special purpose pools.
Subd 11. Above Ground Swimming Pools; Fill. Except for residential special
purpose pools and temporary above ground swimming pools allowed by Subsection
450.07, swimming pools that are constructed or erected above ground or are designed
to be constructed on the ground or above the ground are and shall be prohibited. No
fill shall be placed or grading done on a property to raise the ground elevation for the
purpose of raising the top elevation of the pool walls.
450.07 Temporary Above Ground Swimming Pools. Temporary above ground swimming
pools are permitted subject to the following restrictions:
A.Temporary above ground swimming pools shall be removed and stored indoors
between October 15 and April 15.
B. Temporary above ground swimming pools shall not have a water surface area in
excess of 255 square feet and shall not be capable of having a water depth greater than
48 inches.
C. Drainage from a temporary above ground swimming pool shall be directed to the
sanitary sewer or onto the property where such a pool is located in a manner which
prevents runoff onto adjoining properties. Drainage onto a public street or storm sewer
system is prohibited.
450 - 6 Supplement 2006-02
City of Edina Buildings, Construction and Signs 450.10
D.Diving boards appurtenant to temporary above ground swimming pools are
prohibited.
E. Temporary above ground swimming pools shall be equipped with a ring buoy with
not less than 15 feet of line attached or a pole or shepherds crook not less than 10 feet
in length.
F. Temporary above ground swimming pools are exempt from the requirements of the
following Subsections: 450.02 Construction Permit Approval , 450.03 Plans to be
Submitted, 450.04 Construction in Accordance with Approved Plans;Deviation, 450.05
Permit Fee, 450.06 Construction except Subd 11 thereof, 450.08 Recirculation System,
450.09 Recirculation Pump, 450.10 Pool Piping, 450.11 Recirculating Skimming
Device, 450.12 Inlets, 450.13 Outlets, 450.16 Test, 450.19 Safety Rope and Anchors,
450.26 Safety Precautions, and 450.28 Public or Semi-Public Swimming pool and
Special Purpose Pool.
450.08 Recirculation System. A recirculation system consisting of pumps, piping, filters,
skimmers, valves, and disinfection equipment shall be provided which will clarify and disinfect
the swimming pool water volume in 12 hours or less. The recirculation system components
shall comply with NSF International 50, 1985.
450.09 Recirculation Pump. The recirculating pump shall have sufficient capacity to
provide the rated flows of the filter system, without exceeding the head loss at which the pump
will deliver such flows. The pump motor shall not be operated at an overload which exceeds
the service factor. The pool pump shall be equipped on the inlet side with an approved hair
and lint interceptor. The basket of the interceptor shall be non-corrosive and have openings
not larger than one-fourth inch in diameter.
450.10 Pool Piping. The pool piping shall be sized to permit the rated flows for filtering and
cleaning without exceeding the maximum head at which the pump will provide such flows. In
general, the water velocity in the pool piping should not exceed more than six feet per second.
Where velocity is to exceed six feet per second, summary calculations shall be provided to
show that rated flows are possible with the pump and piping provided. The recirculating
piping and fittings shall meet the following requirements:
Subd. 1 Vacuum Fitting Location. Where vacuum fittings are provided, they shall
be located in accessible positions below the water line.
Subd. 2 Pool Recirculation Piping. Pool recirculation piping, passing through the
pool structure, shall be copper, brass, or approved equal tubing with a minimum wall
thickness of type "U.
Subd. 3 Pool Piping System. The pool piping system shall be constructed of
materials prescribed in the Minnesota State Plumbing Code.
Subd. 4 Inspection of Pool Piping. Except for the pool water supply line, all pool
piping must be installed by the pool contractor and must be inspected by the Building
Official prior to covering the system.
450 - 7 Supplement 2006-02
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City of Edina Buildings, Construction and Signs 450.13
450.11 Recirculating Skimming Device. Recirculating skimming devices shall be provided
to skim the surface of the pool, with one unit installed to serve each pool, and such additional
units as may be required, to provide a minimum of one for each 600 square feet of pool water
surface or fraction thereof. Recirculating skimmers and pool inlets shall be located so that the
pool inlets assist the skimming action to adequately remove the film on the pool water surface.
When pools are irregularly or specially shaped, skimming devices shall be located in each
offset.
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450.12 Inlets. Adjustable inlets shall be located to produce uniform circulation of water
throughout the pool without the existence of dead spots.
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Subd. 1 Minimum Number. A minimum of two inlets shall be required for each
pool, with an additional inlet for each additional 40 lineal feet or fraction thereof of
pool periphery over 120 lineal feet. Where automatic skimmers and skimmer-filter
units are used, inlets shall be installed so as to direct the flow of water in a horizontal
plane to the skimming device inlet. The minimum discharge depth of pool inlets shall
be ten inches below the pool operation level. When pools are irregularly or specially
shaped, additional inlets shall be installed in each offset.
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Subd. 2 Make-up Water. Suitable facilities for adding make-up water shall be
provided. There shall be no physical connection between the water supply line and the
pool system. If the make-up water is added directly to the pool, the fill spout shall be
at least six inches above the upper rim of the pool. If the make-up water line
discharges to a surge or balancing tank, the point of discharge shall be at least six
inches above the rim of the tank. If a hose connection from a sill cock or other
plumbing fixture is to be used for supplying make-up water, then an approved vacuum
breaker shall be installed between the sill cock or control valve at the fixture and the
hose connection. Any sill cock used for this service shall be located under a diving
board or installed in a manner approved by the Sanitarian so as to remove any hazard.
Subd. 3 Conformance with Minnesota State Plumbing Code. The systems
supplying recirculated water and make-up water to the pool shall be constructed in
conformance with the Minnesota State Plumbing Code.
450.13 Outlets.
Subd. 1 Main Outlets. Main outlets, for purposes of recirculation and emptying the
pool, shall be so located as to provide at least one outlet at the deepest point in the pool
if the pool width does not exceed 20 feet. If the pool width is more than 20 feet,
multiple outlets shall be provided and spaced not more than 20 feet apart, nor more
than ten feet from walls. All main outlets shall be equipped with gratings having an
area of openings not less than four times the cross-sectional area of the outlet pipe. The
gratings shall be designed so that they cannot be readily removed by bathers and will
not injure forgers of bathers.
Subd. 2 Drainage. If the pool cannot be drained by gravity, it shall be equipped
with valves and pumps for completely emptying the pool. The discharge of the pool
450- 8 Supplement 2006-02
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City of Edina Buildings, Construction and Signs 450.20
water to the sanitary sewer, or other suitable disposal unit acceptable to the Sanitarian,
shall be at a rate not to exceed 250 gallons per minute. No direct connection shall be
made to the sanitary sewer. The outlet from the pool recirculation system shall
terminate at least six inches above the receptacle connected to the sewer. The drainage
system shall be constructed under the supervision of a licensed plumber and in
conformance with the provisions of the Minnesota State Plumbing Code. Water
drained from the pool shall not be discharged to the sanitary sewer system during
periods of rainstorms.
450.14 Heater. Gas-fired swimming pool heaters and swimming pool boilers shall bear the
American Gas Association seal of approval. Oil burning equipment shall bear the
Underwriters Laboratory seal of approval.
450.15 Water Supply. Water supplies serving all swimming pools shall be of a safe and
sanitary quality or otherwise acceptable to the Sanitarian. The installation of the pool water
supply piping and connection to the source of supply shall be under the supervision of a
licensed plumber.
450.16 Test. All pool piping and the installation and construction of the pool piping system
shall be in accordance with the approved plans. The entire pool piping system shall be tested
with an air test of 50 PSI and proved tight before covering or concealing.
450.17 Chemical Treatment and Pool Water Quality. Gaseous chlorinating systems shall
not be used as a disinfecting method for residential swimming pools. Residential swimming
pools, public and semi-public pools shall meet the following standards:
Subd. 1 Free Chlorine. The free chlorine content shall be maintained between five-
tenths (0.5) and three (3.0) parts per million.
Subd. 2 Alkalinity. The pH level shall be maintained at between 7.2 and 7.8.
Subd. 3 Bacteriological Quality. A sample of swimming pool water shall be
considered satisfactory when the total bacterial count at 35 degrees centigrade does not
exceed 200 colonies per milliliter and no organisms of the E. Coli group are present in
a 50 milliliter portion as determined by the membrane filter method. Procedures and
interpretations relating to bacteriological quality shall be done in accordance with the
Standard Methods for the Examination of Water and Waste Water, 13th Edition.
(APHA).
450.18 Indicator Kit. An indicator kit capable of measuring free chlorine residuals in
swimming pool water accurate within one-tenth part per million shall be provided.
450.19 Safety Rope and Anchors. A safety rope and anchors shall be provided at the water
line when the designed pool operating water level is four and one-half feet or less.
450.20 Electrical Requirements.
450- 9 Supplement 2006-02
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City of Edina Buildings, Construction and Signs 450.25
Subd. 1 Code Conformance. All electrical installations provided for, installed and
used in conjunction with a swimming pool shall conform with the provisions of Section
410 of this Code.
Subd. 2 Electrical Conductors. No current carrying electrical conductors shall cross
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a swimming pool, either overhead or underground or within ten feet of a swimming
pool except for pool lighting or pool accessories.
Subd. 3 Grounding. All metal fences, enclosures or railings near or adjacent to a
swimming pool which might become electrically alive as a result of contact with broken
overhead conductors, or from any other cause, shall be effectively grounded.
450.21 Operation and Maintenance. No swimming pool shall be used, kept, maintained or
operated in the City, if such use, keeping, maintaining or operating shall be the cause of any
nuisance or shall be dangerous to life or detrimental to health.
450.22 Inspection. The Sanitarian shall have authority to inspect any residential swimming
pool at any reasonable time during construction and thereafter to determine whether or not the
provisions of this Section regarding health, sanitation, operation and safety are being complied
with. The Building Official shall have authority to enter upon any premises to inspect work
done and installations made under any permit issued pursuant to this Section.
450.23 Shielding Light. Lights used to illuminate any swimming pool shall be so arranged
and shielded as to reflect light away from adjoining premises.
450.24 Location. No portion of a swimming pool, except a residential special purpose pool,
or any appurtenance shall be located within 10 feet of any side or rear lot line, nor in the
required front yard as provided in Section 850 of this Code. No portion of a residential special
purpose pool or any appurtenance shall be located within five feet of any side or rear lot line,
nor in the required front yard as provided in Section 850 of this Code.
450.25 Fence. All swimming pools shall be completely enclosed by a non-climbing type
fence. All fence openings or points of entry into the pool area enclosure shall be equipped
with gates. The fence and gates shall be at least four feet in height and shall be constructed of
number eleven gauge woven wire mesh corrosion-resistant material, or of other materials
approved by the Building Official. All gates shall be equipped with self-closing and self-
latching devices placed at the top of the gate or otherwise inaccessible to small children. All
fence posts shall be decay or corrosion-resistant and shall be set in concrete bases, or other
suitable protection. The openings between the bottom of the fence and the ground or other
surface and the openings between the vertical pickets shall not be more than four inches.
Except a special purpose pool need not meet the fence requirement provided:
A. The special purpose pool is equipped with a safety cover listed in accordance with
American Society for Testing and Materials (ASTM) Standard F 1346, "Standard
Performance Specification for Safety Covers and Labeling Requirements for All Covers
for Swimming Pools, Spas and Hot Tubs.
450 - 10 Supplement 2006-02
City of Edina Buildings, Construction and Signs 450.28
B. The safety cover is secured and locked in place at all times the special purpose pool
is not occupied.
450.26 Safety Precautions.
Subd. 1 Ring Buoys. Every residential swimming pool shall be equipped with one
or more throwing buoys not more than 15 inches in diameter and having 60 feet of 3/16
inch Manila line attached, and one or more light but strong poles with blunted ends, not
less than 12 feet in length, for making reach assist or rescue.
Subd. 2 Diving Board Height. The height of diving boards above the pool water
level shall be in accordance with Subsection 450.06, Subd. 9. The Sanitarian may
authorize greater diving board heights when it is shown that such increased height will
provide an equally safe diving board height-maximum pool depth ratio.
450.27 Other Design and Equipment. Any swimming pool, the design and equipment of
which incorporates features other than those set forth in this Section, shall be subject to review
and approval by the Sanitarian in accordance with acceptable standards and in conformance
with current public health and safety practices.
450.28 Public or Semi-Public Swimming Pool and Special Purpose Pool.
Subd. 1 Construction and Operation. Any public or semi-public swimming pool or
special purpose pool shall be constructed and operated in accordance with the public
and semi public provisions contained in the Minnesota Department of Health Rules
4717.0100 - 4717.3900.
Subd. 2 Rules on File. Three copies of said rules, each marked "Official Copy", is
on file in the office of the Clerk and shall remain on file for use and examination by the
public.
Subd. 3 Official Investigation. The Sanitarian and Building Official may enter upon
any premises for the purpose of conducting preconstruction surveys, intermediate
construction investigations and operational investigations. Such entries may be made at
such times as may be deemed necessary to determine that the facilities are constructed
in accordance with approved plans, and maintained and operated in accordance with the
requirements of the rules described in this Subsection.
Subd. 4 Valid License. No person shall operate or maintain a public or semi-public
swimming pool or public or semi public special purpose pool without having first
obtained a valid license issued by the City. The provisions of Section 160 of this Code
shall apply to all licenses required by this Subsection and to the holders of such
licenses.
A. In addition to the applicant's name and address, the applicant for a license
shall furnish the address of the premises where the pool is situated or is to be
situated.
450 - 11 Supplement 2006-02
City of Edina Buildings, Construction and Signs 450.28
B. The fee for a license required by this Subsection shall be in the amount set
forth in Section 185 of this Code.
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C. Licenses issued pursuant to this Section shall expire on March 31 of each
calendar year.
D. It shall be the duty of the Sanitarian to enforce the provisions of this
Subsection.
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History: Ord 434 codified 1970; amended by Ord 434 AI 10-27-71, Ord 434-A2 2-7-74, Ord
434-A3 2-16-77, Ord 434-A4 6-27-79, Ord 434-A5 5-14-80, Ord 434-A6 6-17-81, Ord 434-A7
3-30-83, Ord 434-A8 6-13-84, Ord 434A-9 8-14-85, Ord 434-A10 5-13-87, Ord 2000-5 5-16-
00; Ord 2004-13-16-04, Ord. 2006-6; 12-5-06
Cross Reference: Sections 160, 185, 410, 850
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450 - 12 Supplement 2006-02
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.
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.
460- 1
City of Edina Buildings, Construction and Signs 460.02
Address Sign. Postal identification numbers only, whether written or in numeric
form.
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.
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Bench Sign. A sign which is affixed to a bench.
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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.
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
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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. I'
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.
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.
460-2
City of Edina Buildings, Construction and Signs 460.02
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.
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.
460-3
City of Edina Buildings, Construction and Signs 460.03
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
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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.
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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:
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.
460-4
City of Edina Buildings, Construction and Signs 460.03
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.
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:
R-1 and R-2 All other 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
460-5
City of Edina Buildings, Construction and Signs 460.03
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
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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
temporary sign may be erected for the purpose of selling or leasing a residential or non-
residential building or selling vacant land provided:
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.
460-6
City of Edina Buildings, Construction and Signs 460.03
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.
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, and must be clearly visible from the street. Address signs on the first level of
460-7
City of Edina Buildings, Construction and Signs 460.03
all buildings shall not exceed six square feet. For buildings two to four stories in
height in nonresidential zoning districts, and nonresidential buildings in the Mixed
Development District districts, address signs shall not exceed 20 square feet. For
buildings greater than four stories in nonresidential zoning districts and nonresidential
buildings in the Mixed Development District districts, address signs shall not exceed 40
square feet. Address signs in all other districts shall not exceed six square feet.
Address signs shall not be counted for the purpose of determining the maximum
allowed sign area for a building. The Building Official shall assign address numbers to
buildings. A permit shall be required for address signs in excess of six square feet.
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:
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.
460-8
City of Edina Buildings, Construction and Signs 460.05
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.
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:
460-9
City of Edina Buildings, Construction and Signs 460.05
Subd. 1 R-1, R-2, and PRD-1 Districts:
Type Maximum Number Maximum Area Maximum 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
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)
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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 One per field 100 sq. ft. 20 ft.
parks, schools and
golf courses
Public park scoreboard 25% of
sponsor panels and other scoreboard area
scoreboard advertising
Subd. 2 All Residential Districts Except R-1, R-2, PRD-1 and the Mixed
Development District.
Type Maximum Number Maximum Area Maximum 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)
460- 10
City of Edina Buildings, Construction and Signs 460.05
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.
Maximum Area
Maximum Wall Maximum Number for Freestanding
District Sign Area Freestanding Signs Signs Maximum 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 20 ft.
per frontage first 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 Of Maximum Area For Maximum
Building Identification Signs Building Identification Signs Height
Buildings four One wall sign per building 86 sq. ft. total between the two 8 ft.
stories or less frontage and one freestanding signs, with no individual sign
sign per frontage being greater than 50 sq. ft.
Building more One wall sign per building per 120 sq. ft total between the 8 ft.
than four frontage and one freestanding two signs, with no individual
stories sign per frontage sign being greater than 80 sq.
ft.
460- 11
City of Edina Buildings, Construction and Signs 460.05
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.
Type 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.
II
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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.
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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.
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.
460- 12
City of Edina Buildings, Construction and Signs 460.06
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 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.
460- 13
City of Edina Buildings, Construction and Signs 460.06
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.
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F. Signs which are completely within a building and are not visible from the outside
of said building.
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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 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.
460- 14
City of Edina Buildings, Construction and Signs 460.07
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;
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.
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City of Edina Buildings, Construction and Signs 460.07
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:
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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
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occupied by the sign.
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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 A1, 6-10-71; Ord 451-A2, 10-24-74,-
Ord
0-24-74;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, 3-28-9,, Ord 1993-8, 6-7-9,, Ord 1994-7, 7-27-94; Ord 1995-6, 8-17-95; Ord
1998-4, 5-4-98; Ord 2000-1, 2-1-00; Ord 2001-07, 10-3-01; Ord 2007-4, 2-20-07, Ord 2009-
06, 04-21-09
Reference: M.S. Chapter 429, M.S. 21 IB.045
Cross Reference: Sections 185, 810, 850, 1045, Subsections 100.09, 850.04, 850.07
460- 16
City of Edina Buildings, Construction and Signs 475.04
Section 475 - Parking Ramps
475.01 Definitions. Unless the context clearly indicates otherwise, the following words and
phrases have the meanings given in this Subsection:
Parking Ramp. A building, garage, or structure or part thereof in which a structural
level other than a slab on grade is used for parking, storage or maintenance of motor
vehicles.
Qualified Engineer. A person (i) who is registered by the State as a professional
engineer in the field of civil or structural engineering, (ii) who has demonstrated
experience and expertise in parking ramp inspection, and (iii) who maintains
professional liability insurance with a company authorized to do business in the State in
the sum of not less than $1,000,000.00.
475.02 License Required; Exemption. No person shall own or operate a parking ramp
within the City without first obtaining a license pursuant to this Section. Provided, however,
no license shall be required until. July 1 immediately following the fifth annual anniversary of
the certificate of occupancy for the parking ramp issued by the Building Official.
475.03 Application; Fee; Term.
Subd. 1 License Application. The application for a license under this Section shall
be submitted on forms provided by the Building Official The application shall be
accompanied'by the fee in the amount set forth in Section 185 of this Code.
Subd. 2 License Procedure and Control. The provisions of Section 160 of this
Code shall apply to all licenses required by this Section and the holders of such
licenses.
Subd. 3 Term. Licenses issued pursuant to this Section shall expire on March 1 of
each year. Provided, however, that licenses issued in 2003 or 2004 shall not expire
until March 1, 2005.
475.04 Inspection and Report. No license shall be issued or renewed pursuant to this
Section unless the parking ramp has been inspected by a qualified engineer and a report issued
therefor which states that the structure is capable of supporting the loads for which it was
designed and meets the other requirements of this Section. The inspection shall be performed
annually not more than 60 days prior to the application for a new license or the renewal of a
license.
Subd. 1 Manner of Inspection. All annual inspections shall be conducted on-site
by the qualified engineer who shall perform such tests as deemed warranted by the
qualified engineer including destructive or equivalent tests and non-destructive tests to
determine the structural condition of the parking ramp.
475 - 1
City of Edina Buildings, Construction and Signs 475.04
Subd. 2 Report. The application for a license and each renewal pursuant to this
Section shall be accompanied by a copy of the report prepared by the qualified
engineer. The report shall contain the qualified engineer's findings as determined by
the inspection pursuant to Subd. 1 of this Subsection. The report shall state (i) whether
any structural repairs are required, and shall indicate whether the structure is capable of
supporting the loads for which it was designed, (ii) the date or dates of the on-site
inspection and describe any test performed in connection with the inspection, (iii) any
recommendations issued to the owner of the parking ramp. The report shall be signed
by the qualified engineer and shall include a statement of professional qualifications,
shall be addressed to the City, and shall be certified by the signing engineer as being
true, accurate and complete. The report also shall include evidence of the existence of
the professional liability insurance required by this Section.
History: None; amended by Ord 2003-1212-16-03
Cross Reference: Sections 160, 185
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475 -2
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City of Edina Health 700.06
CHAPTER 7. HEALTH
Section 700 - Community Health Board,
Department of Health and Sanitarian
700.01 Board of Health Created; Adoption of State Statute. A Community Health Board is
continued pursuant to M.S. Chapter 145A. It is to be composed of the members of the Council.
The provisions of M.S. Chapter 145A are hereby incorporated into and made a part of this Code by
reference thereto.
700.02 Duties of Community Health Board. The Community Health Board shall make the
investigations and reports and obey the directions concerning communicable diseases as the
Minnesota Commissioner of Health may require or give. Under the general supervision of said
Commissioner, the Board shall cause any State laws and regulations relating to the public health to
be obeyed and enforced. The Community Health Board shall also have general supervision of the
enforcement of sections of this Code relating to public health and sanitation by the City Department
of Health as set forth in Subsection 700.03.
700.03. Community Health Committee. The Community Health Board may establish a
community health committee to advise, consult with and make recommendations on matters related
to the development, maintenance and funding of community health services. The Community
Health Committee shall consist of at least seven (7) members, and a student member. Members
shall include, if possible, providers and consumers of health care services. All members shall be
residents of the City. Members shall be appointed by the Mayor with the consent of the Council.
No member shall serve more than two consecutive three-year terms, except the student member
shall be appointed for a one-year term. The Community Health Committee shall study and advise
the Community Health Board regularly on community health activities designed to protect and
promote the health of the population by emphasizing the prevention of disease, injury, disability,
and preventable death through the promotion of effective coordination and use of community
resources and by extending health services into the community."
700.04 City Department of Health Continued. A City Department of Health is hereby
continued. It is to be composed of a Sanitarian and such other persons as may be deemed necessary
and advisable.
700.05 Sanitarian. The Sanitarian shall be appointed by the Manager. The Manager may also
appoint a deputy sanitarian. The deputy sanitarian shall assume all the duties of the Sanitarian
during the Sanitarian's absence. The Sanitarian and the deputy sanitarian shall be qualified for
such position by academic training or experience in matters concerned with and related to public
health.
700.06 Duties of City Department of Health. The City Department of Health shall perform
such duties as may be assigned to it by the Community Health Board. The City Department of
Health shall enforce all sections of this Code relating to health, sanitation and the control and
prevention of communicable diseases. It also shall inspect sanitary conditions in the City and shall
perform such other duties as may be required by this Code.
History: Ord 701 codified 1970; amended Ord 2004-01, 3-16-04
Reference: M.S. 145A
700 - 1
City of Edina Health 721.03
Section 721 - Food Establishments and
Food Vending Machines
721.01 Purpose and Objectives. The purpose of this Section is to establish standards to
protect the health, safety and general welfare of the public pursuant to powers granted under
Minnesota Statutes Section 145A.03 through 145A.14 and Section 412.221 and subsequent
amendments as adopted.
The general objectives of this Section include the following:
A. Prevent Food-borne illness.
B. Correct and prevent conditions that may adversely affect persons utilizing food
establishments.
C. Provide minimum standards for the design, construction, operation and maintenance
of food establishments.
D. Meet consumer expectations of the quality and safety of food establishments.
721.02 Scope. This Section shall be applicable to all food establishments where food, meals,
lunches or beverages are prepared or served for consumption on the premises or immediate
consumption off the premises. This Section shall not apply to food service operations
conducted in and for a House of Worship when the food service is primarily limited to
preparation, service or consumption by the members of the House of Worship, or food service
operations licensed by the Minnesota Department of Agriculture pursuant to M.S. 28A.
721.03 License Administration.
Subd. 1 License Required. No person shall operate a food establishment or operate any
of the following types of enterprises within the City without first obtaining a license of
the applicable type described in this Section, pursuant to this Section:
Low Risk Food Establishment
Medium Risk Food Establishment
High Risk Food Establishment
Supervised Group Home
Additional Facility License
Food Vehicle
Food Vending Machine
721-1
City of Edina Health 721.06
Itinerant Food Establishment
Pushcart Food Establishment I'
An additional fee will be required for the following food establishments:
Beer or Wine Table Service
Alcohol Service from a Bar
Subd. 2. Application and License Fee.
A. The application for a license under this Section shall be submitted on forms
provided by the City Clerk. The application shall be accompanied by a fee in the
amount set forth in Section 185 of this Code. All license applications applied for
after October 1 of each year may be charged one half of the license fee except
the base fee may not be reduced by one half.
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B. Each application for license for a Low Risk Food Establishment, Medium l
Risk Food Establishment, High Risk Food Establishment or Supervised Group
Home, shall include a base fee as set forth in Section 185 of this Code.
Subd. 3. License Procedure and Control. The provisions of Section 160 of this Code
Shall apply to all licenses required by this Section and to the holder of such licenses.
Subd. 4. Term. Licenses issued pursuant to this Section shall expire on March 31 of
each calendar year.
721.04 Self-Inspection Program.
Subd. 1. Licensee Responsible for Self Inspection Program. Every licensee of a food
establishment shall arrange for and maintain a program of. sanitation self-inspection
conducted by the owner, manager, sanitation supervisor or designated agent.
Subd. 2. Self Inspection Program Acceptable to Health Authority. Every licensee
self-inspection program shall be acceptable to the Health Authority.
721.05 Safety.
A. Carbon dioxide and bottled gas cylinders must be secured by chains or other types
of restraint.
721.06 Standards Adopted.
Subd. 1 Minnesota Food Code. Minnesota Rules 4626.0010 through 4626.1870, the
Minnesota Food Code, in effect on the effective date of this Section, and all future
721-2
City of Edina Health 721.06
revisions thereof, are hereby adopted by reference and made a part of this ordinance
except where they are specifically amended by this Section.
Subd. 2 Definitions Amended. Minnesota Rules 4626.0020 are hereby amended by
including the following terms and the meanings given them:
Additional Facility License is food service or operation which is separate,
distinct or unique from the central or main food establishment, as determined by
the Health Authority.
Alcohol Service from a Bar is a food establishment where alcoholic mixed
drinks are served or where beer or wine are served from a bar.
Beer or Wine Table Service is a food establishment which serves only beer or
wine to customers seated at tables.
Health Authority where used in this Section shall mean a designated member of
the City of Edina Health Department. The term "regulatory authority" in the
Minnesota Food Code, Minnesota Chapter 4626 shall mean Health Authority.
Itinerant Food Establishment is a food establishment operating for a temporary
period, including but not limited to a fair, carnival, circus, church supper or
public exhibition.
Low Risk, Medium Risk and High Risk Food Establishment are food
establishments as defined in M.S. 157.
Pushcart Food Establishment is any non self propelled vehicle limited to
serving non-potentially hazardous foods or commissary-wrapped food
maintained at proper temperatures, or limited to the preparation and serving of
frankfurters and other precooked ready-to-eat link sausages.
Supervised Group Home is a food establishment which includes sleeping
accommodations for five (5) or more regular boarders and no more than ten (10)
regular boarders for periods of one week or more and which provides
supervision for the boarders and is registered for special services pursuant to
M.S. 157.17.
Subd. 3 Standards Amended. The above adopted Rules are hereby amended as
follows:
A. Minnesota Rules 4626.0410 TIME AS PUBLIC HEALTH CONTROL.
Subp. 2. Notification. "The food establishment must submit written notification
to the regulatory authority for approval of its intention to use the procedures
provided under this part prior to implementing the provisions of this part. "
721-3
City of Edina Health 721.06
B. Minnesota Rules 4626.0925 MECHANICAL WASHING
"A. Except as specified in item 2, linens shall be mechanically washed.
B. In food establishments in which only wiping cloths are laundered as
specified in part 4626.0695, item B, the wiping cloths may be laundered
in a mechanical clothes washer, a sink designated only for laundering
wiping cloths, or a ware-washing or food preparation sink that is
cleaned as specified in part 4626.0750. "
C. Minnesota Rules 4626.1050 HANDWASHING LAVATORY; WATER
TEMPERAURE AND FLOW.
"A. A handwashing lavatory shall be equipped to provide water at a
temperature of at least 43 degrees C (110 degrees F) but not more than
54 degrees C (130 degrees F).
B. A steam mixing valve shall not be used at a handwashing lavatory.
C. An automatic self-closing faucet shall provide a flow of water for at
least 15 seconds without the need to reactivate the faucet. "
D. Minnesota Rules 4626.1325 SURFACE CHARACTERISTICS; INDOOR
AREAS "Item A. Except as specified in Item B, materials for indoor floor wall
and ceiling surfaces under conditions of normal use shall be:
"(1) smooth, durable and easily cleanable for areas where food
establishment operations are conducted;
(2) closely woven and easily cleanable carpet, where carpeting is
permitted; and
(3) nonabsorbent and constructed of material which resists the wear and
abuse to which they are subjected such as quarry tile, ceramic tile, or
terrazzo, for food preparation areas, wait station, kitchen, bar, walk-in
refrigeration, warewashing, toilet, and interior garbage and refuse
storage areas; areas subject to flushing or spray cleaning methods; and
other areas subject to moisture. Antislip flooring may not be used
beneath fixed equipment."
E. Minnesota Rules 4626.1440 HANDWASHING CLEANSER AND
NAILBRUSH; AVAILABILITY. "Each handwashing lavatory or group of two
adjacent lavatories shall have available:
"A. A supply of liquid hand soap or powder dispensed from a mounted
dispenser, or bar soap, and
721-4
City of Edina Health 721.06
B. A nailbrush at the handwashing lavatory used by employees. "
F. Minnesota Rules 4626.1445 HAND DRYING PROVISION. "Each
handwashing lavatory or group of adjacent lavatories shall be provided with:
A. Individual, disposable towels in a mounted dispenser,
B. A continuous towel system that supplies the user with a clean towel;
or
C. A heated-air hand drying device except that a heated-air hand drying
device shall not be the only device provided at a sink used by food
employees in a food preparation or warewashing area. "
G. Minnesota Rules 4626.1465 TOILET TISSUE; AVAILABILITY. "A
supply of toilet tissue in a mounted dispenser shall be available at each toilet. "
H. Minnesota Rules 4626.1470 LIGHTING INTENSITY. "All areas in which
food is prepared, processed, manufactured, packaged or stored, or where
utensils and equipment are washed; handwashing areas, locker rooms, toilet
A. All food contact surfaces must be illuminated at not less than seventy
(70)foot-candles of light.
B. At least thirty (30)foot-candles of light must be provided on all other
surfaces and equipment.
C. In food and equipment storage areas, a minimum of twenty (20)foot-
candles of light measured at 30 inches from the floor must be provided.
D. Subdued lighting in dining rooms and public access areas is
permissible, provided that lighting meeting the above requirements must
be available during all clean-up and maintenance periods in dining
rooms and access areas. "
I. Minnesota Rules 4626.1715, DENIAL, REVOCATION, OR REFUSAL TO
RENEW; APPEALS, paragraph B, is amended to read as follows:
`B. A person may appeal the denial, revocation, or refusal to renew a
variance by filing a written appeal to the City Council with the City Clerk
within ten days of notification of the denial, revocation or refusal to
renew said variance. The City Council shall hear such appeal at the next
scheduled City Council Meeting. "
721-5
City of Edina Health 721.06
J. Minnesota Rules 4626.1720, REVIEW OF PLANS is amended by replacing
paragraph B with the following:
`B. Plans, specifications, an applications form and fees as set forth in
Code Section 185 shall be submitted to the regulatory authority at least
30 days before beginning construction, extensive remodeling or
conversion of a food establishment. "
History: Ord 731 codified 1970; amended by Ord 731-AI 1-24-74, Ord 731-A2 2-16-77, Ord
731-A3 3-4-81, Ord 731-A5 9-29-82, Ord 731-A6, 4-30-86, Ord 731-A711-12-86, Ord 731-A8
9-23-87, Ord-A9 2-28-90, Ord 1999-12 repealed Section 720 replaced by 721
Reference: M.S. 471.707 (Notice and hearing to increase vending machine fees), M.S.
144.411 through 144.417 (Clean Indoor Air Act), M.S. 145A.03 through 145A.08
Cross Reference: Sections 160, 185
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721-6
City of Edina Health 725.03
Section 725 - Public Health, Housing
and Housing Equipment
725.01 Purpose. The purpose of this Section is to protect, preserve, and promote the
physical and mental health of the people, investigate and control communicable diseases,
regulate privately and publicly owned dwellings for the purpose of sanitation and public
health, and protect the safety of the people and promote the general welfare by legislation
which shall be applicable to all dwellings now in existence or constructed in the future and
which (i) establishes minimum standards for basic equipment and facilities for light,
ventilation and heating, for safety from fire, for the use and location, and amount of space
for human occupancy, and for safe and sanitary maintenance; (ii) determines the
responsibilities of owners, operators and occupants of dwellings; and (iii) provides for the
administration and enforcement of this Section.
725.02 Title. This Section shall be known and may be cited as the Edina Housing Code.
725.03 Terms and Definitions.
Subd. 1 Terms. The following terms have the meanings as stated in Section 850
of this Code:
Basement.
Dwelling Unit.
Subd. 2 Definitions. Unless the context clearly indicates otherwise,the following
words and phrases wherever they occur in this Section are defined as follows:
Approved. Constructed, installed, and maintained in accordance with this Section
or other pertinent provisions of this Code.
Cellar. That portion of a dwelling between floor and ceiling which is below or
partly below grade, the floor of which is more than four feet below the average
grade of the adjoining ground.
Dwelling. Any building which is wholly or partly used or intended to be used for
living or sleeping by human occupants, except temporary housing.
Extermination. The control and elimination of insects, rodents, vermin or other
pests by eliminating their harborage places; by removing or making inaccessible
materials that may serve as their food; or by poisoning, spraying, fumigating,
trapping, or similar means.
725 - 1
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City of Edina Health 725.04
Habitable Room. A room designed to be used for living, sleeping, eating or cooking,
excluding bathrooms, toilet compartments, closets, halls and storage areas, and
workshops, hobby and recreation areas accessory to a dwelling unit.
Infestation. The presence, within or around a dwelling, of insects, rodents, vermin
or other pests of such kind or in such numbers as to cause a hazard to health.
Multiple Dwelling. Any dwelling containing more than two dwelling units.
Occupant. Any person over two years of age, living, sleeping, cooking or eating in,
or having actual possession of, a dwelling unit or rooming unit.
Operator. Any person, whether the owner or not, who manages or controls any
dwelling, or part of a dwelling, in which dwelling units or rooming units are let.
Owner. Any person who alone, jointly or severally with others:
A. Has record legal title to any dwelling or dwelling unit, with or without
accompanying actual possession of it.
B. Acts as the agent of the person holding the record legal title of any
dwelling or dwelling unit.
C. Is the personal representative or fiduciary of an estate through which the
record legal title to the real property in which any dwelling or dwelling unit
is administered.
Rooming Unit. Any room or group of rooms forming a single habitable unit used
or intended to be used for living and sleeping, but no part of which is exclusively
or occasionally appropriated for cooking food.
Supplied. Paid for, furnished, provided by, or under the control of the owner or
operator.
725.04 Inspection. For the purpose of determining compliance with the provisions of this
Section, the Sanitarian is authorized to make inspections at such times as the Sanitarian
deems necessary, or when facts are known to the Sanitarian that a violation of this Section
may or does exist, to determine the condition, use and occupancy of dwellings, dwelling
units, rooming units, and the premises upon which the same are located. For the purpose
of making such inspections, the Sanitarian is authorized to enter, examine and survey all
dwellings, dwelling units, rooming units and premises upon which the same are located,
at all reasonable times.The owner, operator and occupant of every dwelling, dwelling unit,
and rooming unit shall give the Sanitarian free access to such dwelling, dwelling unit or
rooming unit and its premises for the purpose of such inspection, examination, and survey.
Every occupant of a dwelling shall give the owner of it, or the owner's agent or employee,
725 - 2
City of Edina Health 725.05
access to any part of the dwelling or its premises, at all reasonable times, for the purpose
of making the repairs or alterations as are necessary to effect compliance with the
provisions of this Section.
725.05 Enforcement of Housing Code.
Subd. 1 Notice of Violation. Whenever the Sanitarian determines that there has
been a violation of any one or more provisions of this Section, the Sanitarian shall
give notice of such alleged violation to the person or persons who are or may be
responsible for it as enumerated in paragraph D. of this Subd. 1. The notice shall:
A. Be in writing.
B. Specify the violation or violations alleged to exist or to have been
committed and the repairs or improvements required to bring the dwelling,
dwelling unit or rooming unit into compliance with the provisions of this
Section.
C. Provide a reasonable time, but not less than ten days in any event, for the
correction of the violation or violations specified.
D. Be addressed to and served upon the owner of the property, the operator
of the dwelling, and the occupant of dwelling unit or the rooming unit
concerned, if the occupant is or may be responsible for the violation.
E. Inform persons concerned of their rights of appeal under this Section.
Service shall be as provided for personal service of a summons in a civil action by
the rules of civil procedure for courts of record in Minnesota, or by registered or
certified mail, return receipt requested, delivered to the addressee only. If one or
more persons to whom the notice is addressed cannot be found or served after
diligent effort, service may be made upon such person or persons by posting a
notice in a conspicuous place in or about the dwelling affected by the notice, in
which event the Sanitarian shall include in the record a statement as to why such
posting was necessary.
Subd. 2 Imminent Hazard; Temporary Condemnation_ Whenever the Sanitarian
finds any dwelling, dwelling unit, or rooming unit which does not conform to the
standards established by this Section, and further finds (i) that by reason of such
nonconformity it presents an imminent and serious hazard to public health, or to
the physical or mental health of the occupants in it, and (ii) that the repairs or
improvements required to remove such hazard does not appear reasonably possible
within a time which will be adequate to eliminate such imminent hazard, then the
written notice of violation provided for in Subd. 1 of this Subsection shall also state
that the premises are unfit for human habitation and shall order that the dwelling,
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City of Edina Health 725.05
dwelling unit or rooming unit be vacated either immediately or after such period of
time as the Sanitarian shall find reasonable in view of the circumstances, pending
the completion of action to eliminate such hazard. In such case the notice shall be
served by delivering a copy to the person in real or apparent charge and control of
the dwelling unit and by posting the same at a conspicuous place upon the
structure. In the case of a hazard which affects more than one unit in a multiple
dwelling residence, service shall be made upon such an occupant of each unit,
except that the failure to make service upon an occupant of one unit shall not affect
the validity or effect of service of notice upon an occupant of other units. Such
notice shall also state that persons aggrieved may appeal such notice.
Subd. 3 Failure to Correct Deficiencies. Whenever notice has been given in
accordance with Subd. 1 of this Subsection and the person or persons responsible
have failed to correct the deficiencies specified in Subd. 1 of this Section within the
time allowed, the Sanitarian may either:
A. Extend the time for correction of the deficiencies, or
B. Serve upon the owner and occupant a written notice requiring that the
dwelling, dwelling unit, or rooming unit be vacated because it is unfit for human
habitation.
The notice shall (i) state the violation or violations which remain uncorrected, and
(ii) provide a reasonable time, but not less than ten days within which to vacate the
premises. The written extension of time or notice to vacate may be served
personally or by registered mail in accordance with the procedures set forth in
Subd. 1 of this Subsection.
Subd. 4 Appeal. Any person aggrieved by a notice issued under Subd. 1, 2, or 3
of this Subsection, may within ten days after service of the same, appeal to the
Council by filing a written notice of appeal with the Clerk. In the case of an appeal
from a notice to vacate pending elimination of imminent hazards issued pursuant
to Subd. 2 of this Subsection, the appeal shall be heard as soon as possible after the
time*of filing. In the case of appeals from other notices, the appeal shall be heard
at such time as may be established by the Council, but the taking of an appeal from
a notice other than one to vacate pending the elimination of imminent hazards
issued under Subd. 2 of this Subsection shall, during the pendency of such appeal,
restrain the City and its officers from proceeding in any manner to enforce such
notice.
Subd. 5 Decision of the Council. All appeals under this Subsection shall be heard
by the Council. The Council may affirm in whole or in part or deny the existence
of a violation of this Section, and if the violation is found to exist, confirm or
modify the corrective action to be taken or the order requiring vacation of the
premises and the time allowed for it.
725 - 4
City of Edina Health 725.06
Subd. 6 Correction of Violation by City; Assessment of Cost. In all cases of
violation of this Section to which M.S. 145A.03 through 145A.09 are applicable, the
Sanitarian may proceed as provided in M.S. 145A.03 through 145A.09 to abate or
remove the violation and to have the cost of it specially assessed against the lot or
parcel where the violation was located. In suitable cases, said statutory remedies
and procedure may be used either concurrently with, or separate from, the
procedures prescribed in this Section.
Subd. 7 Unlawful to Resume Occupancy. No dwelling, dwelling unit or rooming
unit which has been designated as unfit for human habitation and placarded as such
shall again be used for human habitation until written approval is secured from, and
such placarding is removed by, the Sanitarian. The Sanitarian shall remove such
placard whenever the defect or defects upon which the designation and placarding
action were based have been eliminated and the dwelling, dwelling unit or rooming
unit has been made to conform to the standards established by this Section.
Subd. 8 Unlawful to Deface Placard. It shall be unlawful for any person to
deface, remove or obscure any placard posted under the provisions of this Section.
725.06 Minimum Standards for Basic Equipment and Facilities. No person shall occupy
or let to another for occupancy any dwelling unit which does not comply with the
following requirements:
Subd. 1 Kitchen Sink. Every dwelling unit shall contain a kitchen sink in good
working condition and properly connected to an approved water and sewer system.
Subd. 2 Privacy Room. Every dwelling unit, except as otherwise permitted by
Subd. 5 of this Subsection, shall contain a room which affords privacy to a person
within said room and which is equipped with a flush water closet in good working
condition and properly connected to an approved water and sewer system.
Subd. 3 Lavatory Basin. Every dwelling unit, except as otherwise permitted by
Subd. 5 of this Subsection, shall contain a lavatory basin in good working condition,
properly connected to an approved water and sewer system and located in the same
room as the required flush water closet, or as near to that room as practicable.
Subd. 4 Bathtub. Every dwelling unit, except as otherwise permitted by Subd.
5 of this Subsection, shall contain, within a room which affords privacy to a person
within said room, a bathtub or shower in good working condition and properly
connected to an approved water and sewer system.
Subd. 5 Shared Privacy Room. The occupants of not more than two dwelling
units may share a single flush water closet, a single lavatory basin, and a single
bathtub or shower, provided that the following conditions are satisfied:
725 - 5 .
City of Edina Health 725.06
A. Neither of the two dwelling units can accommodate more than two
occupants.
B. Such water closet, lavatory basin, and bathtub or shower are in good
working condition and properly connected to the water and sewer system,
and are accessible to the occupants of one dwelling unit without passing
through any sleeping room of the other dwelling unit.
C. Such dwelling units are in the same building, arranged so that the
occupants of neither unit are required to go outdoors to reach the facilities.
Subd. 6 Hot and Cold Water Lines. Every kitchen sink, lavatory basin and
bathtub or shower under the provisions of Subd. 1, 3, 4, and 5 of this Subsection
shall be connected with both hot and cold water lines in a manner meeting the
requirements of the applicable provisions of this Code.
I
Subd. 7 Refuse Disposal. Every dwelling unit shall have adequate refuse disposal
facilities or storage containers whose type and location meet the requirements of
this Code.
Subd. 8 Water Heating Facilities. Every dwelling shall have water heating
facilities which are installed in an approved manner, are maintained and operated
in safe and good working condition, are properly connected with the hot water lines
required under the provisions of Subd. 6 of this Subsection, and are capable of
heating water to such a temperature as to permit an adequate amount of water to
be drawn at every required kitchen sink, lavatory basin, bathtub or shower at a
temperature of not less than 120 degrees Fahrenheit. Such water heating facilities
shall be capable of meeting the requirements of this Subdivision when the heating
facilities required under the provisions of Subd. 4 of Subsection 725.07 are not in
operation.
Subd. 9 Egress. Every dwelling unit shall have a safe, unobstructed means of
egress. Every dwelling unit located above the first floor, and every basement
dwelling unit, shall have at least two independent egress stairways which shall be
located remote from each other, and one of such stairways shall be an inside
stairway. Every such egress stairway serving units above the first floor shall comply
with the following requirements:
A. It shall be easily accessible from every dwelling unit located on the
specified floor without passing through any room other than a public hall.
B. It shall lead directly to a street or alley, or open court connected with a
street or alley.
C. It shall be kept in good order and repair.
725 - 6
City of Edina Health 725.07
D. It shall be unobstructed at all times.
E. All doors used in connection with such egress must be easily opened from
the inside, and remain unlocked or be of a type which can be unlocked from
the inside without the use of a key. Where multiple dwellings have more
than five dwelling units sharing the same means of egress, the doors serving
such shared means of egress shall swing outward and be self-closing.
F. No window shall be considered a proper means of egress to a required
stairway.
G. All inside stairway exits shall lead to an exit door.
H. All exit stairways of three or more risers shall have at least one hand rail,
and all stairways which are three feet six inches or more in width, or which
are open on both sides shall have a hand rail on each side.
I. Risers of stairs shall not exceed eight inches and treads shall not be less
than nine inches.
J. All hand rails shall be not less than 34 inches or more than 38 inches
vertically above the nose of the stair treads or stairway landings.
K The minimum width of all existing required egress stairways shall be 36
inches measured at the face of tread.
L. All multiple dwellings shall have a stairway or stairway fire escape with
an exit directly to the stairway or stairway fire escape from a public hall
located within 150 feet from the exit at each dwelling unit above the first
floor if such multiple dwelling is of non-fireproof construction, or within 200
feet from such exit if such building is of fireproof construction.
Fire escapes are emergency means of egress and as such do not constitute a required
stairway. All fire escapes shall be kept in good order and repair, and all iron shall
be kept painted and free from rust. All doors opening into a fire escape of any
multiple dwelling having three or more stories shall be of fire proof construction
and shall be self-closing. Vertical ladders shall not be considered a required fire
escape. No fire escape shall pass a window unless such window is of fireproof
construction (wire glass and metal frame). All fire escapes shall terminate at ground
level or shall have properly constructed and maintained counter-balanced steps for
the last flight.
725.07 Minimum Standards for Light,Ventilation, and Heating. No person shall occupy
or let to another for occupancy any dwelling or dwelling unit for the purpose of living
therein, which does not comply with the following requirements.
725 - 7
City of Edina Health 725.07
Subd. 1 Window or Skylight. Every habitable room in a dwelling or dwelling unit
shall have at least one window or skylight facing directly to the outside, and shall
have a minimum of 50 foot-candles of daylight illumination, measurable at the
epicenter of the room 30 inches above floor level,with a standard light meter facing
the light source at noon Central Standard Time, with the sky of normal brightness.
I
Subd. 2 Openable Window or Skylight. At least one-half of the window
or skylight required by Subd. 1 of this Subsection shall be easily opened unless some
other comparable method of ventilating the room is provided.
Subd. 3 Bathroom Light. Every bathroom and water closet compartment shall
have at least one window or skylight facing directly to the outside in order to
provide adequate ventilation. The Sanitarian may approve some other acceptable
method of ventilation.
Subd. 4 Heating Facilities. Every dwelling and dwelling unit shall have heating
facilities which are installed in an approved manner, are maintained in safe and
good working condition, and are capable of safely and adequately heating all
habitable rooms, bathrooms, and water closet compartments located in the dwelling
unit to a temperature of at least 68 degrees Fahrenheit at a distance three feet
above floor level, when the temperature outside is minus 20 degrees Fahrenheit.
Such heating equipment shall be operated to maintain a temperature in all habitable
rooms of not less than 68 degrees Fahrenheit.
Subd. 5 Public Hallways and Stairways. Every public hall or stairway in or
leading into every multiple dwelling shall have a minimum of 10 foot-candles of
illumination, measurable with a standard light meter at floor level in halls and tread
levels on stairways, at all times when the structure is occupied.
Subd. 6 Electricity. Every dwelling shall be supplied with electricity and shall
meet the following requirements:
A. Every habitable room shall contain one electrical convenience outlet for
each 20 lineal feet, or major fraction thereof, measured horizontally around
the room at the baseboard line, provided that in each room one ceiling-type
electric light fixture may be substituted for one of the required electrical
convenience outlets.
B. Every water closet compartment, bathroom, laundry room, furnace room,
and public hall shall contain at least one ceiling or wall-type electric light
fixture.
C. Every outlet and fixture shall be installed in an approved manner and
maintained in good and safe working condition.
725 - 8
City of Edina Health 725.08
Subd. 7 Screens. During the portion of each year when the Sanitarian finds it
necessary to protect against mosquitoes, flies, and other insects, which are of such
kind and occur in such numbers as to cause a hazard to health, every door opening
directly from a dwelling to outdoor space shall have a screen door with a self-
closing device; and every window or other device with openings to outdoor space
used or intended to be used for ventilation, shall likewise be supplied with screens.
725.08 General Requirements for Maintenance of Parts of Dwellings and Dwelling Units.
No person shall occupy or let to another for occupancy any dwelling unit which does not
comply with the following requirements:
Subd. 1 Exterior Wall, Foundation and Roof. Every foundation, exterior wall and
roof shall be substantially weathertight, watertight, and rodent proof.The following
conditions shall be promptly repaired or replaced:
A. Deteriorated, crumbling or loose plaster.
B. Deteriorated, or ineffective waterproofing of exterior walls, roof,
foundations or floors including broken windows or doors.
C. Defective, or lack of, weather protection including lack of paint, or
weathering due to lack of paint or other protective covering.
D. Broken, rotted, split, or buckled exterior walls or roof coverings.
Subd. 2 Interior Walls, Ceilings, and Floors. Every floor, interior wall and ceiling
shall be kept in sound condition and good repair.
Subd. 3 Windows, Exterior Doors, and Basement Hatchways. Every window,
exterior door, and basement hatchway shall be reasonably watertight, weathertight,
and rodent proof and shall be kept in sound working condition and good repair.
Subd. 4 Stairways. Every inside and outside stairway shall be maintained in safe
and sound condition and good repair.
Subd. 5 Plumbing. Every plumbing fixture and water and waste pipe shall be
installed in compliance with this Code and shall be maintained in working condition,
free from defects, leaks and obstructions.
Subd. 6 Floor Material. Every water closet compartment floor surface and
bathroom floor surface shall be constructed and maintained so as to be reasonably
impervious to water and so as to permit such floor to be easily kept in a clean and
sanitary condition.
Subd. 7 Equipment, Facilities, and Utilities. Every facility, piece of equipment,
725 - 9
i
City of Edina Health 725.09
or utility which is required under this Section shall be so constructed and installed j
that it will function safely and effectively, and shall be maintained in satisfactory
working condition.
Subd. 8 Continuity of Facilities, Utilities and Equipment. No owner, operator, or
occupant shall cause any service, facility, equipment or utility which is required
under this Section to be removed from, shut off, or discontinued in any occupied
dwelling or dwelling unit, except for such temporary interruption as may be
necessary while actual repairs or alterations are in process, or during temporary
emergencies.
725.09 Minimum Space, Use and Location Requirements.
Subd. 1 Space Requirements. No person shall occupy or let to another for
occupancy any dwelling or dwelling unit which does not comply with the following
requirements:
A. It shall contain at least 150 square feet of floor area for the first occupant
and at least 100 additional square feet of floor space for every additional
occupant, the floor space to be calculated on the basis of total habitable
room area, provided that the non-habitable area shall be counted in
determining the maximum permissible occupancy up to ten percent of the
total habitable area.
B. At least one-half of the floor area of every habitable room shall have a
ceiling height of at least seven feet, and the floor area of that part of any
room where the ceiling height is less than five feet shall not be considered
as part of the floor area in computing the total floor area of the room for the
purpose of determining the maximum permissible occupancy of the room.
Subd. 2 Basement Requirements. No basement space shall be let as a habitable
room and no basement space shall be used as a dwelling unit or rooming unit
unless:
A. The floor and walls are impervious to leakage of underground and surface
runoff water and are free from dampness;
B. The total amount of light furnished in each room is equal to at least the
minimum amount of light as required in Subd. 1 of Subsection 725.07; and
C. The facilities for ventilation in each room are equal to at least the
minimum as required under Subd. 1 and 2 of Subsection 725.07.
Subd. 3 Cellar Space. No cellar space shall be used as a habitable room or
dwelling unit.
725 - 10
City of Edina Health 725.10
725.10 Responsibilities of Owners and Occupants.
Subd. 1 Shared or Public Areas. Every owner of a dwelling containing two or
more dwelling units shall be responsible for maintaining in a clean and sanitary
condition the shared or public areas of the dwelling and premises.
Subd. 2 Occupant Responsibility. Every occupant of a dwelling or dwelling unit
shall keep in a clean and sanitary condition that part of the dwelling, dwelling unit,
and premises which occupant occupies and controls.
Subd. 3 Occupant Waste Control. Every occupant of a dwelling or dwelling unit
shall dispose of all refuse of such occupant and other organic waste which might
provide food for insects and rodents, in a clean and sanitary manner, by placing it
in the refuse disposal facilities or storage containers required by Subd. 7 of
Subsection 725.06.
Subd. 4 Occupant Plumbing Responsibility. Every occupant of a dwelling unit
shall keep all plumbing in the dwelling unit in a clean and sanitary condition and
shall be responsible for the exercise of reasonable care in the proper use and
operation of all plumbing.
Subd. 5 Extermination Control. Every occupant of a dwelling containing a single
dwelling unit shall be responsible for the extermination of any insects, rodents, or
other pests in the dwelling unit or on the premises. Every occupant of a dwelling
unit in a dwelling containing more than one dwelling unit shall be responsible for
such extermination whenever such occupant's dwelling unit is the unit primarily
infested. Notwithstanding the foregoing provisions, whenever infestation is caused
by a failure of the owner or operator to maintain a dwelling in a rodent proof or
reasonably insect proof condition, extermination shall be the responsibility of the
owner and operator. Whenever infestation exists in two or more of the dwelling
units in any dwelling, or in the shared or public parts of any dwelling containing
two or more dwelling units, extermination of the infested areas shall be the
responsibility of the owner and operator.
History: Ord 741 codified 1970
Reference: M.S. 145A.03 through 145A.09
Cross Reference. Section 850
725 - 11
City of Edina Health 735.04
Section 735 - Hotels, Lodging and Boarding Houses
735.01 Definitions.
Boarding and Lodging House. Whenever used in this Section, the term Boarding and
Lodging House shall mean an establishment which includes boarding and lodging for
five (5) or more regular boarders but no more than ten (10) regular boarders for periods
of one week or more.
Commissioner. As used in Minnesota Rules 1991, Chapter 4625, "Commissioner"
shall mean the City.
Hotel, Lodging House, and Boarding House. Whenever used in this Section, the
terms for hotel, lodging house, and boarding house shall be as defined in M.S. 157.01.
Supervised Group Home. Whenever used in this Section, the term Supervised Group
Home shall be as defined in Code Section 721.06, Subd. 2.
735.02 License Required. No person shall operate or engage in the business of operating a
hotel, supervised group home, boarding and lodging house, lodging establishment or boarding
establishment within the City unless a license has been obtained from the City. The applicant
for a license shall make application on forms provided by the City Clerk. The provisions of
Section 160 of this Code shall apply to all licenses required by this Section and to the holders
of such license.
735.03 License Fee. The annual license fee shall be in the amount set forth in Section 185 of
this Code.
735.04 Minnesota Rules, 1991, Adopted. There is hereby adopted and incorporated by
reference as a section of this Code, Minnesota Rules, 1991, Sections 4625.0100 through
4625.2355 - Requirements for Lodging Establishments. One copy marked "Official Copy" is
on file in the office of the Clerk and shall remain on file for use and examination by the public.
History: Ord 761 adopted 12-14-77; Ord 1999-13, 11-16-99
Reference: M.S. 157.01, Minnesota Rules, 1991, Sections 4625.0100 through 4625.2355
Cross Reference: Section 185 L � 3 -L
735 - 1
City of Edina Health 745.02
Section 745 - Body Art Establishments
745.01 Purpose. This ordinance is enacted to establish standards to protect health, safety and
general welfare of the people of Edina through regulation of body art establishments.
The general objectives of this ordinance are:
A. To prevent disease transmission;
B. To correct and prevent conditions that may adversely affect persons utilizing body
art establishments;
C. To provide standards for the design, construction, operation, and maintenance of
body art establishments; and
D. To meet consumer expectations of the safety of body art establishments.
745.02 General Provisions.
Subd. 1. Scope. This ordinance shall apply to all individuals performing body art
procedures and all body art establishments where tattooing and -body piercing are
conducted_
Subd. 2. Exemptions. Licensed medical or dental personnel that tattoo or pierce as
part of a medical or dental procedure are exempt from this ordinance. Also,
individuals piercing only the lobe of the ear using a pre-sterilized single use ear-
piercing system with the stud and clasp contained in a single use cartridge or cassette
following the manufacturers instructions are exempt from this ordinance's license
requirements.
Subd. 3. Prohibitions. No individual shall:
A. Conduct branding, cutting, implantation, suspension, or scarification of another
individual;
B. Use an ear piercing system on any part of the client's body other than the lobe of
the ear.
C. Pierce or tattoo the genitalia or nipples of a minor;
D. Practice tattooing or piercing while under the influence of alcohol, controlled
substances as defined in Minnesota Statutes, section 152.01, subd. 4, or hazardous
substances as defined in the rules adopted under Minnesota Statutes, Chapter 182; or
E. Operate a body art establishment or perform body art procedures as described in this
ordinance without a license.
745- 1 Supplement 2003-01
City of Edina Health 745.03
745.03 Definitions.
Aftercare means written instructions given to the client, specific to the procedure(s) rendered,
on caring for the body art and surrounding area. These instructions shall include information
on when to seek medical treatment.
1
Antiseptic means an agent that destroys disease-causing microorganisms on human skin or
mucosa. i
Body Art means physical body adornment using, but not limited to, the following techniques:
body piercing, tattooing, and cosmetic tattooing. This definition does not include practices that
are considered part of a medical procedure performed by licensed medical or dental personnel,
such as, but not limited to, implants under the skin. Such medical procedures shall not be
performed in a body art establishment.
Body Art Establishment means any place or premise, whether public or private, temporary or
permanent in nature or location, where the practices of body art, whether or not for profit, are
performed.
Body Piercing means the penetration or puncturing of human skin by any method, for the
purpose of inserting jewelry or other objects, in or through the human body. "Body Piercing"
shall not refer to any medical procedure performed by licensed medical or dental personnel.
Also, "Body Piercing" shall not refer to the puncturing of the lobe of the ear using a pre-
sterilized ear-piercing system with the stud and clasp contained in a single use cartridge or
cassette following the manufacturers instructions.
Body Scarification or Scarring shall mean any method of applying a scar to the body for the
purpose of creating a permanent mark or design on the skin.
Branding shall mean any method using heat, cold, or any chemical compound to apply a scar
to the body for the purpose of creating a permanent mark or design on the skin.
Contaminated Waste means any liquid or semi-liquid blood or other potentially infectious
materials; contaminated items that would release blood or other potentially infectious materials
in a liquid or semi-liquid state if compressed; items that are caked with dried blood or other
potentially infectious materials and are capable of releasing these materials during handling;
sharps and any wastes containing blood and other potentially infectious materials, as defined in
Code 29 of Federal Regulations Part 1910.1030, known as "Occupational Exposure to
Bloodborne Pathogens."
Cosmetic Tattooing. See definition of tattooing.
Cutting means the practice of cutting the skin, mucosa or part of the body to create a
permanent scar or division of tissue for the purpose of body art. "Cutting" shall not refer to
any medical procedure performed by licensed medical or dental personnel.
745- 2 Supplement 2003-01
City of Edina Health 745.03
Disinfection means the destruction of disease-causing microorganisms on inanimate objects or
surfaces, thereby rendering the objects safe for use or handling.
Ear Piercing System means an instrument designed to puncture the ear lobe using a
presterilized single use stud and clasp earring.
Equipment means all machinery, including fixtures, containers, vessels, tools, devices,
implements, furniture, display and storage areas, sinks, and all other apparatus and
appurtenances used in the operation of a body art establishment.
Establishment Plan means a to-scale drawing of the establishment's layout illustrating the
requirements of this ordinance.
Handsink means a lavatory equipped with hot and cold water held under pressure, used solely
for washing hands, wrists, arms or other portions of the body.
Health Department means the Edina Health Department, its designated employees, or other
designated agents.
Hot Water means water at least 110°F..
Implanting means to fix or set securely an object in or under tissue and includes, but is not
limited to, 3-dimensional body art applications. Implanting does not include medical
procedures performed by licensed medical and dental personnel.
Individual means a human being.
Jewelry means any personal ornament inserted into a newly pierced area.
Liquid Chemical Germicide means a disinfectant or sanitizer registered with the
Environmental Protection Agency.
Operator or Technician means any individual who controls, operates, manages, conducts or
practices body art activities at a body art establishment and who is responsible for compliance
with these regulations, whether actually performing body art activities or not. The term
includes technicians who work under the direction of the operator and perform body art
activities.
Person means any individual, partnership, corporation, or association.
Procedure means body art as defined in this Section.
Procedure Area means the physical space or room used solely for conducting body art
procedures.
Procedure Surface means the surface area of furniture or accessories that may come into
contact with the client's clothed or unclothed body during a body art procedure. "Procedure
745- 3 Supplement 2003-01
City of Edina Health 745.03
i
Surface" also means the area of the client's skin where the body art procedure is to be
i
performed and the surrounding area, or any other associated work area requiring sanitizing.
Remodel means any change to the current establishment requiring either a building or trades
permit for the work to proceed. "Remodel" does not include changes to the front desk area,
waiting area, painting, wallpapering, or carpeting, even if a permit is otherwise required.
Adding a new workstation, plumbing changes, or expanding into an adjacent space to add
workstations are examples of remodeling. "Remodeling" also means any changes to an
establishment plan previously submitted to the Edina Health Department.
Sanitization (or to sanitize) means a process of reducing the numbers of microorganisms on
clean surfaces and equipment to a safe level.
Safe Level means not more than 50 colonies of microorganisms per 4 square inches of
equipment or procedure surface.
Sharps means any object (sterile or contaminated) that may purposefully or accidentally, cut or
penetrate the skin or mucosa including, but not limited to, pre-sterilized single use needles,
scalpel blades, and razor blades.
Sharps Container means a puncture-resistant, leak-proof container that is closed for handling,
storage, transportation and disposal. The "Sharps Container" shall be labeled with the
international biohazard symbol.
Single Use means products or items intended for one time use and are disposed of after use on
each client. Examples of "Single Use" items include cotton swabs or balls, tissues or paper
products, paper or plastic cups, gauze and sanitary coverings, razors, piercing needles, tattoo
needles, stencils, ink cups, and protective gloves.
Standard Precautions (or "universal precautions") means a set of guidelines and controls,
published by the Center for Disease Control (CDC) as "Guidelines for Prevention of
Transmission of Human Immunodeficiency Virus and Hepatitis B Virus to Health-care and
Public-Safety Workers". This method of infection control requires the employer and the
employee to assume that all human blood and specified human body fluids are infectious for
HIV, HVB and other blood pathogens. Precautions include handwashing, gloving, personal
protective equipment, injury prevention, and proper handling and disposal of needles, other
sharp instruments, and blood and body fluid contaminated products.
Sterilization means a process resulting in the destruction of all forms of microbial life,
including highly resistant bacterial spores.
Suspension means the piercing of human tissue with large gauge fishing hooks or other
piercing apparatus to raise or lower an individual with pulleys or other apparatus.
Tattooing means any method of placing ink or other pigments into or under the skin or mucosa
with needles or any other instruments used to puncture the skin, resulting in permanent
coloration of the skin or mucosa. This includes all forms of cosmetic tattooing.
745- 4 Supplement 2003-01
City of Edina Health 745.05
745.04 License Administration.
Subd. 1. License Required. No person shall own or operate a body art establishment
without an establishment license. Each license shall be obtained from the City Clerk
pursuant to Section 160 of this Code.
Subd. 2. Licensing Procedure.
A. All applications, new and renewal, for licenses shall be made upon forms furnished
by the City Clerk. The application shall be submitted to the City Clerk accompanied by
a fee as set forth in Section 185 of this Code.
B. Each establishment license application shall describe the general nature of the
business, the location, and any other information deemed necessary by the Health
Department.
Subd. 3. Location Restricted. No individual shall engage in body art activities at any
place other than a licensed establishment.
Subd. 4. License Expiration. Licenses issued pursuant to this code shall commence
and expire on the dates indicated on the license.
Subd. 5. Transfer and Display of License. Only a person who complies with the
requirements of this ordinance shall be entitled to receive a license. A license shall not
be transferable as to person or place. A valid license shall be posted pursuant to
Section 160 of this Code.
745.05 Inspection and Plan Review.
Subd. 1. Inspection Required. The Health Department shall inspect each body art
establishment:
A. Before issuing a license for a new establishment;
B. As part of a construction or remodeling plan review;
C. As part of a complaint investigation; or
D. At least once a year for a routine inspection.
Subd. 2. Construction Inspections. The body art establishment shall be constructed in
conformance with the approved plans. The Health Department shall inspect the body
art establishment as frequently as necessary during the construction to ensure that the
construction occurs in conformance with this ordinance. The Health Department shall
conduct a final construction inspection prior to the start of operations and issuance of a
license.
745- 5 Supplement 2003-01
City of Edina Health 745.07
Subd. 3. Access to Premises and Records. The operator of the body art establishment
shall, upon request of the Health Department and after proper identification, permit
access to all parts of the establishment at any reasonable time, for the purpose of
inspection. The operator shall allow review of any records necessary for the Health
Department to ascertain compliance to this ordinance.
Subd. 4. Interference with the Health Department. No person shall interfere with or
hinder the Health Inspector in the performance of its duties, or refuse to permit the
Health Department to make such inspections.
Subd. 5. Removal and Correction of Violations. Operator(s) or technician(s) shall
correct or remove each violation upon receipt of an inspection report giving notification
of one or more violations of this ordinance in a reasonable length of time as determined
by the Health Department. The length of time for the correction or removal of each
such violation shall be noted on the inspection report. Failure to remove or correct
each violation within the time period noted on the inspection report shall constitute a
separate violation of this ordinance. The Health Department may issue orders to halt
construction or remodeling, or to take corrective measures to ensure compliance with
this ordinance.
745.06 Grounds for Closure.
Subd. 1. Violations. If any violation of this Code exist, the operator(s) or
technician(s) may be ordered to discontinue all operations of the body art establishment.
Body art establishments shall only reopen with permission from the Health Department.
745.07 Standards for Health and Safety. No operator or body art establishment shall engage
in body art activities without complying with the following regulations:
Subd. 1. Facilities.
A. Any new or remodeled establishment shall submit to the Health Department a to-
scale establishment plan in sufficient detail to ascertain compliance with conditions in
this ordinance.
B. There shall be no less than one hundred fifty (150) square feet of floor space for
each procedure area. The procedure area(s) must be separated from the bathroom,
retail sales area, hair salon area, or any other area that may cause potential
contamination of work surfaces. For clients requesting privacy, dividers, curtains, or
partitions at a minimum shall separate multiple procedure areas.
C. Each establishment shall have a readily accessible handsink that is not in a public
restroom and is equipped with:
(1) Hot and cold running water under pressure;
(2) No touch faucet controls such as wrist or foot operated;
745- 6 Supplement 2003-01
City of Edina Health 745.07
(3) Liquid hand soap;
(4) Single use paper towels; and
(5) A garbage can.
D. Every establishment shall have at least one available bathroom equipped with a toilet
and a hand lavatory. The hand lavatory shall be supplied with:
(1) Hot and cold running water under pressure;
(2) Liquid hand soap;
(3) Single use paper towels or mechanical hand drier/blower;
(4) A garbage can;
(5) A door that closes; and
(6) Adequate ventilation.
E. The establishment shall have an artificial light source equivalent to 20 foot-candles at
three feet above the floor. At least 100 foot-candles of light shall be provided at the
level where body art procedures are performed, where sterilization takes place, and
where instruments and sharps are assembled.
F. All procedure surfaces shall be smooth, nonabsorbent and easily cleanable.
G. All ceilings shall be in good condition.
H. All walls and floors shall be free of open holes or cracks and washable.
I. All facilities shall be maintained in good working order.
J. All facilities shall be maintained in a clean and sanitary condition.
K. No establishment shall be used or occupied for living or sleeping quarters.
L. Only service animals may be allowed in the establishment. No animals shall be
allowed in the procedure area(s).
M. Effective measures shall be taken by the operator to prevent entrance, breeding, and
harborage of insects, vermin, and rodents in the establishment.
Subd. 2. Equipment and Instruments.
A. All jewelry used as part of a piercing procedure shall be sterilized before use. All
reusable instruments shall be thoroughly washed to remove all organic matter, rinsed,
and sterilized before and after use. All needles shall be sterilized single use needles.
745- 7 Supplement 2003-01
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City of Edina Health 745.07
All sterilization shall be conducted using steam heat. Steam heat sterilization units shall
be operated according to the manufacturer's specifications.
B. Jewelry must be made of surgical implant grade stainless steel, solid 14k or 18k
white or yellow gold, niobium, titanium or platinum, and/or a dense low-porosity
plastic. Jewelry must be free of nicks, scratches or irregular surfaces and must be
properly sterilized prior to use.
C. All inks, dyes, and other pigments shall be specifically manufactured for tattoo
procedures. The mixing of approved inks, dyes, or pigments, or their dilution with
distilled water or alcohol is acceptable.
D. Immediately before applying a tattoo, the quantity of the dye used shall be
transferred from the dye bottle and placed into single use paper or plastic cups. Upon
completion of the tattoo, these single use cups and their contents shall be discarded.
E. All tables, chairs, furniture or other procedure surfaces that may be exposed to
blood or body fluids during the tattooing or piercing procedure shall be constructed of
stainless steel, or other suitable material that will allow complete sanitization, and shall
be sanitized between uses with a liquid chemical germicide.
F. Single use towels or wipes shall be provided to the client. These towels shall be
dispensed in a manner that precludes contamination and disposed of in a cleanable
garbage container with a liner.
G. All bandages and surgical dressings used shall be sterile or bulk-packaged clean and
stored in a clean, closed container. All instruments and supplies shall be stored clean
and dry in covered containers.
H. All equipment and instruments shall be maintained in a good working order and in a
clean and sanitary condition.
Subd. 3. Skin Preparation.
A. Whenever it is necessary to shave the skin, a new disposable razor must be used for
each client.
B. The skin area subject to a body art procedure must be thoroughly cleaned with soap
and water, rinsed thoroughly, and swabbed with an antiseptic solution. Only single use
towels or wipes shall be used in the skin cleaning process.
C. No body art procedure shall be performed on any area of the skin where there is an
evident infection, irritation, or open wound.
Subd. 4. Hand Washing and Hygiene.
A. Each technician shall scrub his or her hands and wrists thoroughly for 20 seconds
before and after performing a body art procedure.
745- 8 Supplement 2003-01
City of Edina Health 745.09
B. Technicians with skin infections of the hand shall not perform body art procedures.
C. The technician must wash his or her hands after contact with the client receiving the
procedure or after contact with potentially contaminated articles.
D. Technicians shall wear clean clothing and use a disposable barrier such as a lap
cloth when performing body art procedures.
E. For each client, single use disposable barriers shall be provided on all equipment
used as part of the procedure that cannot be sterilized according to 745.07. Subd. 2. A.
Examples may include, but not limited to spray bottles, procedure light fixture handles,
and tattoo machines.
F. Technicians shall not smoke, eat, or drink while performing body art procedures.
745.08 Glove Use.
Subd. 1. While performing body art procedures, single use gloves of adequate size and
quality as to preserve dexterity shall be used for touching clients, for handling sterile
instruments, or for handling blood or body fluids. Gloves must be changed if:
A. They become damaged;
B. They come in contact with any non-clean surface or objects; or
C. They come in contact with a third person.
Subd. 2. At a minimum, gloves shall be discarded after the completion of a procedure
on a client.
Subd. 3. Hands and wrists must be washed before putting on a clean pair of gloves and
after removing a pair of gloves. Gloves shall not be reused.
745.09. Disposal of Contaminated Products.
Subd. 1. Contaminated waste that may release liquid blood or body fluids when
compressed or that may release dried blood or body fluids when handled, must be
placed in an approved "red" bag that is marked with the international biohazard
symbol. It must be disposed of by a licensed waste hauler at an approved site, or at a
minimum, in accordance with the requirements contained in 29 CFR Part 1910.1030,
Occupational Exposure to Bloodborne Pathogens.
Subd. 2. Contaminated waste that does not release liquid blood or body fluids when
compressed or handled may be placed in a covered receptacle and disposed of through
normal, approved disposal methods.
Subd. 3. Sharps ready for disposal shall be disposed of in an approved sharps
container.
745- 9 Supplement 2003-01
II
City of Edina Health 745.10 j
Subd. 4. Storage of contaminated waste on-site shall not exceed the period specified by
29 CFR Part 1910.1030, Occupational Exposure to Bloodborne Pathogens.
745.10. Technician Requirements and Professional Standards.
Subd. 1. Technician Information. The following information shall be kept on file for
two years on the premises and available for inspection by the Health Department for
each technician:
,I
A. Full name;
B. Home address;
C. Home phone number;
D. Date of birth;
E. Identification photo, and;
F. Exact duties.
Subd. 2. Operation Records. The following information shall be kept on file for two
years on the premises and available for inspection by the Health Department:
A. A description of all body art procedures performed;
B. An inventory of instruments, body jewelry, sharps, and inks or pigments used for all
procedures including the names of manufacturers, serial and lot numbers. Invoices or
orders shall satisfy this requirement; and
C. A copy of this ordinance shall be available at all times on premises.
Subd. 3. Parental Consent. No technician shall tattoo or pierce any person under the
age of 18 years unless the person provides written consent from both the custodial and
noncustodial parents where applicable, if required by M. S. 609.2246, and the written
consent from a custodial parent given by the parent in person at the establishment.
Subd. 4. Proof of Age. Technicians shall request proof of age prior to performing
procedures on any client. Proof of age is established by one of the following:
A. A valid driver's license or identification card issued by the State of Minnesota, or
other state, and including the photograph and date of birth of the person;
B. A valid military identification card issued by the United States Department of
Defense;
C. A valid passport; or
D. A resident alien card.
745- 10 Supplement 2003-01
City of Edina Health 745.10
Subd. 5. Client Records. In order to aid in proper healing following the procedure, the
technician shall provide a release form to the client and the client may indicate if he or
she has:
A. Diabetes;
B. A history of hemophilia;
C. A history of skin diseases, skin lesions, or skin sensitivities to soap, disinfectants,
etc.;
D. A history of allergies to metals;
E. A history of epilepsy, seizures, fainting or narcolepsy;
F. A condition where the client takes medications, such as anticoagulants, that thin the
blood and/or interferes with blood clotting; or
G. Any other information that would aid the technician in body art procedure process
evaluation.
Subd. 6. Release and Consent..
A. The technician shall ask the client to sign and date the release form confirming that
the information listed in 745.10. Subd. 5. was obtained or was attempted to be
obtained.
B. Before administering a body art procedure, the client must sign and date a consent
form. The consent form shall disclose:
(1) That any tattoo should be considered permanent; it may only be removed
with a surgical procedure; and any effective removal may leave scarring; or
(2) That any piercing may leave scarring.
Subd. 7. Grounds to Refuse Service. Body art procedures shall not be performed on
any individual who appears to be under the influence of alcohol; controlled substances
as defined in Minnesota Statutes, Section 152.01, subd. 4; or hazardous substances as
defined in rules adopted under Minnesota Statutes, Chapter 182.
Subd. 8. Client Record Maintenance. The body art establishment operator shall
maintain proper records for each client. The records of the procedure shall be kept for
two years and shall be available for inspection by the Health Department upon request..
The records shall include the following:
A. The date of the procedure;
B. Record of information on picture identification showing name, age, and current
address of the client;
745- 11 Supplement 2003-01
City of Edina Health 745.10
C. Copy of the release form signed and dated by the client;
D. The nature of the body art procedure performed;
E. The name of the technician performing the procedure;
F. A copy of the consent form to perform the body art procedure on a minor with
required signatures as defined in 745.10. Subd. 3., if applicable.
Subd. 9. Aftercare. Technicians shall provide each client with printed instructions on
recommended care of the body art during the healing process.
Subd. 10. Notification. Operators and technicians shall notify the Health Department
immediately of any reports they receive of a potential bloodborne pathogen
transmission.
Subd. 11. Industry Self-Survey and Training Responsibility. Every licensee of a
body art establishment shall arrange for and maintain a program of sanitation self-
inspection conducted by the owner, operator, technician, or apprentice and approved by
the Health Department. The self-inspection program shall include written policies,
appropriate forms for logging self-inspections, and evidence that routine self-inspection
of all aspects of the body art establishment takes place. Records of the body art
establishment self-inspection program shall be available for review.
History: Ord 2002-11 adopted 03-04-03
Reference: M.S. Section 152.01; M.S. Chapter 182; M.S. Section 609.2246 and 29 CFR
1910.1030
745- 12 Supplement 2003-01
City of Edina Land Use, Platting and Zoning 801.03
CHAPTER 8. LAND USE, PLATTING AND ZONING
Section 801 — Heritage Preservation
801.01 Policy and Establishment. The City Council finds that historically significant
buildings, sites, structures, objects and districts represent scarce, non-renewable heritage
resources that are critical assets for community development; that heritage preservation is an
important public service and a legitimate responsibility of City government; and that the
preservation, protection and enhancement of significant heritage resources for the benefit of
present and future citizens is a public necessity. Therefore, pursuant to Minnesota Statutes
§471.193, the City Council continues the Heritage Preservation Board (the "Board") as the
City's heritage preservation commission.
801.02 Purpose. The Board shall assist and advise the City Council, City Manager, and other
city boards and commissions on all matters relating to heritage resource preservation, protection
and enhancement. The Board shall safeguard the significant heritage resources of the City by
identifying significant heritage resources and nominating them for designation by the City
Council as Edina Heritage Landmarks; by developing and maintaining a comprehensive
preservation plan; by reviewing applications for city permits in relation to properties designated
as Edina Heritage Landmarks; and by encouraging the preservation, rehabilitation, restoration,
and reconstruction of significant heritage resources through public education.
801.03 Definitions. Unless otherwise stated, or unless the context clearly indicates a different
meaning, the words or phrases in the following list of definitions shall, for the purposes of this
chapter,have the meanings indicated:
Certificate of Appropriateness. A certificate issued by the City Planner and attached to
a city permit evidencing compliance with the city's comprehensive heritage preservation
plan.
City Planner. The member of the City staff responsible for zoning administration.
Comprehensive Heritage Preservation Plan. The official guideplan for implementing
the City's heritage resource preservation policies, adopted by the City Council, that
establishes goals and priorities and integrates heritage preservation with other planning
data.
Edina Heritage Landmark. Any heritage resource so designated by the City Council
that is significant in history, architecture, archeology, or culture and therefore worthy of
preservation and consideration in City planning.
Evaluation. The process of determining whether identified heritage resources meet
defined criteria of historical, architectural, archeological, or cultural significance.
Heritage Preservation Board. The heritage preservation advisory commission
appointed by the City Council.
801-1
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City of Edina Land Use,Platting and Zoning 801.04
Heritage Resource. Any prehistoric or historic building, site, structure, object or district
that has historical, architectural, archeological, or cultural value to the citizens of Edina,
the State of Minnesota, or the United States.
Preservation. The act or process of applying measures to sustain the existing form,
structure, integrity, and material of a heritage resource.
Reconstruction. The act or process of reproducing by new construction the exact form
and detail of a vanished building, structure, or object as it appeared during a specific
period of time.
Rehabilitation. The act or process of returning a heritage resource to a state of utility
through repair or alteration that makes possible an efficient contemporary use while
preserving those portions or features of the property which are significant to its historical,
architectural, archeological, or cultural values.
Restoration. The act or process of accurately recovering the form and details of a
heritage resource and its setting as it appeared at a particular period of time by means of
removal or later work or by the replacement of missing historic features.
Significance. The heritage preservation value of buildings, sites, structures, objects, and
districts that are linked to important historical events or persons, or that represent notable
expressions of architecture or engineering, or that have yielded important information
about prehistory or history.
Survey. The physical search for and recording of heritage resources that results in an
inventory of buildings, sites, structures, objects and districts worthy of consideration in
City planning.
801.04 Duties and Responsibilities. The Board shall:
Subd. 1 Advise the City Council, City Manager, and other city boards and
commissions and provide leadership for implementing the heritage preservation chapter.
Subd. 2 Develop and maintain a comprehensive plan for heritage resource
preservation to ensure that community development policies and decisions respect the
City's heritage and promote stewardship of heritage resources.
Subd. 3 Conduct an ongoing survey of historic buildings, sites, structures, objects, and
districts and maintain an inventory of the heritage resources in the City.
Subd. 4 Conduct evaluations to determine the eligibility of heritage resources for
designation as Edina Heritage Landmarks.
Subd. 5 Nominate heritage resources for designation as Edina Heritage Landmarks by
the City Council.
801-2
City of Edina Land Use,Platting and Zoning 801.06
Subd. 6 Review city permit applications in relation to Edina Heritage Landmarks and
make recommendations to the City Planner with respect to issuance of certificates of
appropriateness.
Subd. 7 Review and make recommendations to the Planning Commission on
development projects that affect properties designated heritage landmarks or determined
eligible for designation as heritage landmarks.
Subd. 8 Inform and educate citizens about the City's heritage and the benefits of
preservation.
Subd. 9 Develop regulatory and incentive programs that facilitate heritage
preservation.
Subd. 10 Adopt rules of procedure, subject to City Council approval, to guide the
Board's deliberations.
Subd. 11 Prepare an annual report to the City Council, describing the Board's
accomplishments during the past year and presenting goals and objectives for the coming
year.
801.05. Membership.
Subd. 1 Voting Members. The Board shall consist of nine (9) voting members. Seven
(7) members shall be adult legal residents of the City appointed by the Council to three
(3) year terms of office. Members shall have a demonstrated interest, knowledge, ability
or expertise in heritage preservation. If available, at least one (1) member shall be a
qualified professional historian, architect, architectural historian, archeologist,planner, or
the owner of a heritage landmark property. One (1) member of the Board shall be
appointed annually from the Planning Commission. The Council shall annually appoint
one (1) student to serve on the Board as a voting member. Members of the Board shall
serve without compensation and may resign voluntarily or be removed by majority vote
of the Council or pursuant to Section 180 of this Code. Members who discontinue legal
residency in the City shall be automatically considered to have resigned from office
effective as of the date of such discontinuance. Upon termination of a voting member's
term, that member's successor shall be appointed for the remainder of such term.
Subd. 2. Edina Historical Society Membership. A member of the Board shall be a
member of the Edina Historical Society. .
Subd. 3 County Historical Society Membership. A member of the Board shall be a
member of the Hennepin County Historical Society.
801.06. Organization. The Board shall:
Subd. 1 Elect from its members a chairperson and an associate chairperson, each of
whom shall serve for a period of one year.
801-3
City of Edina Land Use, Platting and Zoning 801.09
Subd. 2 Adopt such bylaws and rules of procedure as shall be necessary or desirable
for the conduct of its business.
Subd. 3 Appoint a secretary from its membership or request assignment of a staff
secretary to be furnished by the City. If a secretary is assigned by the City, the secretary
shall perform only such clerical duties on behalf of the Board as may be assigned by the
chairperson with the consent of the City Manager.
801.07. Professional Staff. The City Manager shall provide the Board with professional staff
with expertise in heritage preservation
801.08. Meetings. All meetings of the Board shall be open to the public and be governed by its
rules of procedure. The Board shall hold its regular meetings on such fixed date and in such
fixed place as it from time to time shall determine, with special meetings at the call of the
chairperson. The minutes of all meetings shall be recorded in writing and a copy of the minutes
transmitted to each member of the Council.
801.09. Repository for Documents. The office of the City Manager shall be the repository for
all minutes,reports, studies,plans and other official documents produced by the Board."
History: Ord 802-A2 adopted 10-22-75; Ord No. 2002-03 adopted 6-18-02 deleting Section 800
and replacing with Section 801.
Reference: M.S. 138.17, 471.193
Cross Reference: Sections 180, 850; Subsection 850.20
801-4
City of Edina Land Use, Platting and Zoning 805.04
Section 805 - Planning Commission
805.01 Establishment. The Planning Commission (the "Commission") of the City is to
continue. It shall serve as the planning agency within the meaning of M.S. 462.351 through
462.364. In such capacity, the Commission shall be advisory to the Council.
805.02 Powers, Duties, and Responsibilities. The Commission shall:
Subd. 1 Comprehensive Plan. Prepare, review, and make recommendations to the
Council as to the Comprehensive Plan of the City, as defined in Section 810 of this
Code, or any other sections of this Code, including, but not limited to, a land use plan,
a transportation plan, a community facilities plan, a capital improvements program, a
parks and open space plan, and a housing plan, with recommendations as to plan
execution.
Subd. 2 Platting. Review and make recommendations to the Council as to all
proposed plats and subdivisions, as defined in Section 810 of this Code, in accordance
with the provisions of Section 810 and State law.
Subd. 3 Zoning. Review and make recommendations to the Council as to all
proposed amendments to Section 850 of this Code, in accordance with the provisions of
Section 850 and State law.
Subd. 4 Heritage Preservation. Review and make recommendations to the Council
as to the reports and recommendations of the Heritage Preservation Board regarding
preservation of lands and buildings of historical, architectural, cultural, and educational
significance pursuant to Section 801 of this Code.
Subd. 5 Low and Moderate Cost Housing. Review and make recommendations to
the Council as to matters referred to it by the Council relating to the provision of low
and moderate cost housing.
Subd. 6 Commercial, Industrial, or Residential Redevelopment. Review and
make recommendations to the Council on matters the Council may request relating to
major commercial, industrial, or residential redevelopments in the City.
805.03 Representatives to Zoning Board of Appeals. All members of the Commission
except student members are to continue as representatives of the Commission to the Zoning
Board of Appeals. Any such representative is authorized to review and report, for or on behalf
of the Commission, to the Zoning Board of Appeals on matters coming before the Zoning
Board of Appeals.
805.04 Membership. The Commission shall consist of nine residents of the City appointed
by the Mayor with the consent of a majority of the members of the Council. In addition, to the
nine voting members, one member of the Commission may be a high school student, who shall
be a non voting member. Commission members shall be appointed with due regard to their
805 - 1 Supplement 2007-02
City of Edina Land Use, Platting and Zoning 805.07
fitness for the efficient dispatch of the functions, duties, and responsibilities vested in and
imposed upon the Commission. Members shall be appointed for terms of three years
commencing on February 1, except that a student member shall be appointed for a term of one
year, commencing on a date determined by the Mayor with the consent of the Council. A
Commission member, following expiration of that member's term, may be reappointed by the
Mayor with the consent of a majority of the members of the Council. Upon expiration of a
term, a member shall continue to serve until that individual's successor is appointed. Any
individual appointed to fill a vacancy occurring prior to the expiration of the term for which
that individual's predecessor was appointed shall be appointed for the remainder of such term.
Members of the Commission shall serve without compensation and may resign voluntarily or
be removed by majority vote of the Council or pursuant to Section 180 of this Code.
Commission members who discontinue legal residency in the City shall be automatically
removed from office effective as of the date of such discontinuance. One member of the
Commission shall also be a member of the Energy and Environment Commission.
805.05 Organization.
Subd. 1 Chair and Vice Chair. The Commission shall elect a chair and vice chair
from among its members for a term of one year.
Subd. 2 Bylaws. The Commission shall adopt bylaws as shall be necessary or
desirable for the conduct of its business.
805.06 Meetings. All meetings of the Commission shall be open to the public, be governed
by Roberts Rules of Order, and otherwise be held pursuant to its bylaws. The Commission
shall hold its regular meetings on such fixed date and in such fixed place as it from time to
time shall determine. The minutes of all meetings shall be recorded and a copy of it
transmitted to each member of the Council.
805.07 Staff. Staff services, including secretarial services, shall be furnished and
coordinated by the Planning Department. Additional advisory staff may be assigned to the
Commission by the Manager. Staff shall keep and maintain a written record of the
Commission's actions, resolutions, recommendations, and findings which shall be a public
record.
History: Ord 803 adopted 8-3-77, amended by Ord 803-A1 9-14-77; Ord 803-A2 9-28-77, Ord
903-A3 1-18-78; Ord 803-A4 5-16-90; Ord 1995-10 12-4-95; Ord 2005-07 7-19-05; Ord 2007-
05, 04-03-07
Reference: M.S. 462.351 through 462.364
Cross Reference: Sections 180, 801, 810, 850
805 -2 Supplement 2007-02
City of Edina Land Use, Platting and Zoning 850.01
Section 850 - Zoning
850.01 Findings, Purpose and Objectives 850.08 Parking and Circulation
850.02 Short Title 850.09 Loading Facilities
850.03 Rules of Construction, Interpretation, 850.10 Landscaping and Screening
Severability, Definitions 850.11 Single Dwelling Unit District (R-1)
850.04 Administration and Procedures for 850.12 Double Dwelling Unit District (R-2)
Variances, Rezoning, Transfer to 850.13 Planned Residence District (PRD,
Planned Districts, Conditional Use PSR)
Permits, Temporary Conditional Use 850.14 Mixed Development District (MDD)
Permits 850.15 Planned Office District (POD)
850.05 Districts 850.16 Planned Commercial District (PCD)
850.06 District Boundaries 850.17 Planned Industrial District (PID)
850.07 General Requirements Applicable to 850.18 Regional Medical District (RMD)
all Districts Except as Otherwise 850.19 Automobile Parking District (APD)
Stated, Storage of Refuse, Home 850.20 Heritage Preservation Overlay District
Occupations, Fences, Setbacks, (HPD)
Building Coverage 850.21 General Flood Plain District (FD)
850.01 Findings, Purpose and Objectives. The Council finds that Edina has emerged from an
era exemplified by unparalleled growth and development and has entered a period of stability,
reuse and redevelopment; that some of the standards and regulations which guided initial
development of the City are not appropriate for guiding future development and redevelopment;
and that standards and regulations for guiding future development and redevelopment should be
based upon the stated goals, objectives and policies of the Comprehensive Plan of this City, as
from time to time amended, which constitutes the City's statement of philosophy concerning the
use of land within its jurisdiction. Through the enactment of this Section, the Council intends to
implement this statement of philosophy so as to provide for the orderly and planned development
and redevelopment of lands and waters in Edina, to maintain an attractive living and working
environment in Edina, to preserve and enhance the high quality residential character of Edina and
to promote the public health, safety and general welfare.
Specifically, this Section is intended to implement the following objectives, some of which are
contained in the Comprehensive Plan:
Maintain, protect and enhance single family detached dwelling neighborhoods as the
dominant land use.
Encourage orderly development of multi-family housing that offers a wide range of
housing choice, density and location while maintaining the overall high quality of
residential development.
Control the use, development and expansion of certain non-residential uses in the Single
Dwelling Unit District in order to reduce or eliminate undesirable impacts of such non-
residential uses.
Encourage a more creative and imaginative approach to the development of multi-family
developments.
850-1 Supplement 2007-06
City of Edina Land Use, Platting and Zoning 850.01
Provide an enjoyable living environment by preserving existing topography, vegetation,
streams, water bodies and other natural land and water forms.
Encourage mixed use developments which:
A. Provide housing for persons of low and moderate income.
B. Include recreational facilities and parks.
C. Harmoniously integrate residential and non-residential uses.
D. Encourage the increased use of mass transit.
E. Reduce employment-related automobile trips.
Encourage orderly development, use and maintenance of office, commercial and industrial
uses which are compatible with the residential character of the City.
Recognize and distinguish commercial districts at the neighborhood level, the community
level and the regional level, so as to provide retail establishments compatible in use and
scale with surrounding properties, especially those used for residential purposes.
Establish requirements for parking and loading to minimize impacts on public streets and
surrounding properties.
Establish standards for landscaping and screening to contribute to the beauty of the
community, add to the urban forest and buffer incompatible uses from one another.
Preserve buildings, lands, areas and districts which possess historical or architectural
significance.
Protect surface and ground water supplies; minimize the possibility of periodic flooding
resulting in loss of life and property, health and safety hazards and related adverse effects.
Allow interim uses of closed public school buildings.
The Council also finds that sexually-oriented businesses have adverse secondary characteristics
particularly when they may be accessible to minors or are located near residential properties or
schools, day care centers, libraries and parks, and such businesses can exert a dehumanizing
influence on persons attending or using such residential properties or schools, day care centers,
libraries and parks.
Sexually-oriented businesses can contribute to an increase in criminal activity in the area in which
such businesses are located.
Sexually-oriented businesses can significantly contribute to the deterioration of residential
neighborhoods and can impair the character and quality of the residential housing in the area in
which such businesses are located, thereby exacerbating the shortage of affordable and habitable
housing for City residents.
850-2 Supplement 2007-06
City of Edina Land Use, Platting and Zoning 850.01
The concentration of sexually-oriented businesses in one area can have a substantially detrimental
effect on the area in which such businesses are concentrated and on the overall quality of urban
life. A cycle of decay can result from the influx and concentration of sexually-oriented businesses.
The presence of such businesses is perceived by others as an indication that the area is
deteriorating and the result can be devastating -- other businesses move out of the vicinity and
residents flee from the area. Declining real estate values, which can result from the concentration
of such businesses, erode the City's tax base and contribute to overall urban blight.
The regulation of the location and operation of sexually-oriented businesses is warranted to
prevent the adverse secondary effects of such businesses on the City's crime rate, its retail trade,
its property values, and in general the quality of the City's neighborhoods, commercial and
industrial districts, and urban life.
This Section divides the City into districts and establishes minimum requirements for these
districts as to the location, height, parking, landscaping, bulk, mass, building coverage, density
and setbacks of buildings and structures and the use of buildings, structures and properties for
residences, retailing, offices, industry, recreation, institutions and other uses. This Section also
provides procedures for the transfer of property to another district, procedures for the issuance of
conditional use permits, establishes the Zoning Board of Appeals, provides for the administration
of this Section, and establishes penalties and remedies for violations. This Section also establishes
overlay districts designed to preserve buildings, lands, areas and districts of historic or
architectural significance and to protect surface and ground water supplies and minimize the
possibility of periodic flooding resulting in loss of life and property, health and safety hazards and
related adverse effects.
The Council also finds that the Greater Southdale area, especially that portion contained within
the Planned Commercial District is of vital interest to the welfare of the entire City and,
therefore, the Council hereby adopts the following additional objectives with respect to this
area:
A. To contribute to maintaining and enhancing the Greater Southdale Area as a unique and
vibrant regional retail destination.
B. To encourage a range of housing types within the Greater Southdale Area.
C. To encourage a mixed use shopping, living and working environment that meets the
needs of residents and visitors and helps mitigate the effects of traffic by reducing
vehicle trips and miles by allowing residences in close proximity to employment and
services.
D. To increase the allowed density of development in the PCD-3 subdistrict to be more
comparable with other planned commercial districts in the City and other zoning
districts in the Greater Southdale Area and to permit a level of development intensity
appropriate for the area.
E. To reduce setback requirements from public street rights of way in order to encourage
and permit a closer relationship between storefronts and streetscapes.
F. To ensure that residential development in the PCD-3 subdistrict is compatible with non-
residential uses.
G. To more efficiently utilize public infrastructure by taking advantage of peak demand
variations among land uses.
850-3 Supplement 2007-06
City of Edina Land Use, Platting and Zoning 850.03
H. To allow a density of development that improves the feasibility of mass transit services
utilized by residents, shoppers and employees of the Greater Southdale Area.
I. To provide incentives to encourage affordable and life cycle housing.
J. To encourage development of an active pedestrian environment and pedestrian
accessibility to and among developments.
To encourage the inclusion of green spaces, open space, locations for public art, landscape
buffers, parks, plazas, fountains, water retention areas and other similar spaces for the use and
enjoyment of residents, visitors and employees and to enhance the quality of the human and
physical environment.
850.02 Short Title. This Section shall be known as the Zoning Ordinance, may be cited as
such, and will be referred to in this Section as "this Section".
850.03 Rules of Construction, Interpretation, Severability, Definitions.
Subd. 1 Rules of Construction. In construing this Section, the following rules of
construction shall govern, unless their observance would involve a construction
inconsistent with the manifest intent of the Council, or be repugnant to the context of the
section:
A. The use of the phrase "used for" shall include the phrases "designed for,"
"intended for," "improved for," "maintained for," "offered for," and "occupied
for."
B. Words and phrases shall be construed according to rules of grammar and
according to their common and accepted usage; but technical words and phrases and
such others as have acquired a special meaning, or are defined in this Section, shall
be construed according to such special meaning or their definition.
C. References in this Section to this Section or to another Code provision, whether
or not by specific number, shall mean this Section, and the referred to Code
provision, as then amended.
D. The R-1 District is also used as a holding or open development area for those
properties shown on the Comprehensive Plan as having the potential for
development for uses other than permitted in the R-1 District, which other uses
shall be permitted only after rezoning pursuant to Subsection 850.04 of this Section.
Subd. 2 Interpretation. The provisions of this Section shall be the minimum
requirements for the promotion of the public health, safety, morals and general welfare. It
is not the intention of this Section to interfere with, abrogate or annul any covenant or
agreement between parties. Where this Section imposes greater restrictions than any other
applicable statute, ordinance, rule or regulation, this Section shall control when and to the
extent allowed by State law. Where any other applicable statute, ordinance, rule or
regulation, including, without limitation, as to Subsection 850.21, those of the Minnehaha
Creek Watershed District and the Nine Mile Creek Watershed District, and the Minnesota i
Department of Natural Resources, imposes greater restrictions than this Section, such
other statute, ordinance, rule or regulation shall control. The section, subsection and
paragraph headings are for reference only, and shall not be used to interpret, enlarge or
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City of Edina Land Use, Platting and Zoning 850.03
detract from the provisions of this Section. Any use not specifically allowed by this
Section in a district as a principal, accessory or conditional use, shall not be allowed or
permitted in that district by implication, interpretation or other construction of, or meaning
given to, the wording of this Section.
Subd. 3 Definitions. The following words, terms and phrases, as used herein, have
the following meanings:
Accessory Building. A separate building or structure or a portion of a principal
building or structure used for accessory uses.
Accessory Use. A use allowed by this Section which is subordinate to the principal
use in terms of purpose, scope and extent and is located on the same lot as the
principal use.
Adult Body Painting Studio. An establishment or business which provides the
service of applying paint or other substance, whether transparent or non-
transparent, to or on the body of a patron when such body is wholly or partially
nude in terms of Specified Anatomical Areas.
Adult Bookstore. An establishment or business which barters, rents or sells items
consisting of printed matter, pictures, slides, records, audio tape, videotape, or
motion picture film and either alone or when combined with Adult Motion Picture
Rental or Sales and Adult Novelty Sales within the same business premises has
either 10 percent or more of its stock in trade or 10 percent or more of its floor area
containing items which are distinguished or characterized by an emphasis on the
depiction or description of Specified Sexual Activities or Specified Anatomical
Areas.
Adult Cabaret. An establishment or business which provides dancing or other live
entertainment, if such dancing or other live entertainment is distinguished or
characterized by an emphasis on the presentation, display, depiction or description
of Specified Sexual Activities or Specified Anatomical Areas.
Adult Companionship Establishment. An establishment or business which
provides the service of engaging in or listening to conversation, talk or discussion
between an employee of the establishment and a customer, if such service is
distinguished or characterized by an emphasis on Specified Sexual Activities or
Specified Anatomical Areas.
Adult Conversation/Rap Parlor. An establishment or business which provides the
service of engaging in or listening to conversation, talk, or discussion, if such
service is distinguished or characterized by an emphasis on Specified Sexual
Activities or Specified Anatomical Areas.
Adult Health/Sport Club. An establishment or business which excludes minors by
reason of age and is distinguished or characterized by an emphasis on Specified
Sexual Activities or Specified Anatomical Areas.
Adult Hotel or Motel. A hotel or motel from which minors are specifically
excluded from patronage and wherein material is presented which is distinguished
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City of Edina Land Use, Platting and Zoning 850.03
or characterized by an emphasis on matter depicting, describing or relating to
Specified Sexual Activities or Specified Anatomical Areas.
Adult Mini-Motion Picture Theater. A building or portion of a building with a
capacity for less than 50 persons used for presenting material distinguished or
characterized by an emphasis on Specified Sexual Activities or Specified
Anatomical Areas for observation by patrons therein.
Adult Modeling Studio. An establishment or business which provides to
customers, figure models who engage in Specified Sexual Activities or display
Specified Anatomical Areas while being observed, painted, painted upon, sketched,
drawn, sculptured, photographed, or otherwise depicted by such customers.
Adult Motion Picture Arcade. Any place to which the public is permitted or
invited wherein coin or slug-operated or electronically, electrically or mechanically
controlled or operated still or motion picture machines, projectors or other image-
producing devices are maintained to show images to five or fewer persons per
machine at any one time, and where the images so displayed are distinguished or
characterized by an emphasis on depicting or describing Specified Sexual Activities
or Specified Anatomical Areas.
Adult Motion Picture Rental or Sales. An establishment or business which
barters, rents or sells videotapes or motion picture film and either alone or when
combined with Adult Bookstore or Adult Novelty Sales within the same business
premises has either 10 percent or more of its stock in trade or 10 percent or more of
its floor area containing items which are distinguished or characterized by an
emphasis on the depiction or description of Specified Sexual Activities or Specified
Anatomical Areas.
Adult Motion Picture Theater. A building or portion of a building with a capacity
of 50 or more persons used for presenting material distinguished or characterized by
an emphasis on Specified Sexual Activities or Specified Anatomical Areas for
observation by patrons therein.
Adult Novelty Sales. An establishment or business which sells devices which
stimulate human genitals or devices which are designed for sexual stimulation and
either alone or when combined with Adult Bookstore and Adult Motion Picture
Rental or Sales has either 10 percent or more of its stock in trade or 10 percent or
more of its floor area containing such items and other items which are distinguished
or characterized by an emphasis on the depiction or description of Specified Sexual
Activities or Specified Anatomical Areas.
Adult Sauna/Bathhouse/Steam Room. An establishment or business which
excludes minors by reason of age and which provides a steam bath or heat bathing
room if the service provided by the sauna is distinguished or characterized by an
emphasis on Specified Sexual Activities or Specified Anatomical Areas.
Alley. A public right of way less than 30 feet in width which is used or usable for a
public thoroughfare.
Alteration. A physical change in a building or structure that requires the issuance
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City of Edina Land Use, Platting and Zoning 850.03
of a building permit in accordance with Section 410 of this Code, but excluding
changes to mechanical equipment such as furnaces and boilers.
Apartment Building. A residential building having not less than three dwelling
units in a single building with at least one dwelling unit occupying a different story
or stories than other dwelling units in the same building.
Automobile Service Center. A principal building and its accessory buildings in
which batteries, tires, brakes, exhaust systems or other automobile parts are
repaired or replaced, including tune-ups, wheel balancing and alignment, but
excluding body and chassis repair, painting, engine rebuilding and any repair to
vehicles over two ton capacity. Gasoline and oil may be dispensed as an accessory
use.
Basement. A floor level of a building which is located partly or completely
underground.
Board. The Zoning Board of Appeals of the City established by this Section.
Building. Any structure used or intended for supporting or sheltering any use,
property or occupancy, and when the structure is divided by walls without
openings, each portion of the structure so separated shall be deemed a separate
building.
Building Coverage. The percentage of the lot area occupied by principal and
accessory buildings and structures, including without limitation, patios.
Building Height or Structure Height. The distance measured from the average
existing ground elevation adjoining the building at the front building line to the top
of the cornice of a flat roof, to the deck line of a mansard roof, to a point on the
roof directly above the highest wall of a shed roof, to the uppermost point on a
round or other arch-type roof, or to the average distance of the highest gable on a
pitched or hip roof. References in this Section to building height shall include and
mean structure height, and if the structure is other than a building, the height shall
be measured from said average existing ground elevation to the highest point of the
structure. "Existing ground elevation" means the lowest of the following elevations:
(1) the grade approved at the time of the subdivision creating the lot, (2) the grade
at the time the last demolition permit was issued for a principal structure that was
on the lot, (3) the grade at the time the building permit for a principal structure on
the lot is applied for.
Car Wash. A principal building which is equipped with a conveyor system and
other mechanical equipment and facilities for washing motor vehicles.
Car Wash - Accessory. An accessory building or part of a principal building
equipped with mechanical equipment and facilities (but not a conveyor system) for
washing motor vehicles and which is accessory to an automobile service center or
gas station. An accessory car wash shall be capable of servicing only one vehicle at
a time.
Club. A non-profit organization with bona fide members paying annual dues, which
owns, hires or leases a building, or portion, the use of which is restricted to
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City of Edina Land Use, Platting and Zoning 850.03
members and their guests.
Commission. The Planning Commission of the City.
Community Center. A building, or portion thereof, which houses public health
facilities, governmental offices and meeting rooms, social service facilities, meeting
rooms and facilities for civic and cultural organizations and groups, and publicly
sponsored recreational activities, or any combination, all of which are intended for
the use and benefit of residents of the City, and which is designated, by resolution
of the Council, as a community center.
Comprehensive Plan. Comprehensive Plan shall have the same meaning as in
Subsection 810.02 of this Code.
Conditional Use. A use which, though generally not suitable in a particular zoning
district, may, under some circumstances, and subject to conditions, be suitable in a
particular district. Conditional uses shall be allowed by this Section only pursuant to
the issuance of a conditional use permit.
Convalescent Home. A building or group of buildings licensed by the Minnesota
Department of Public Welfare for the care of children, the aged or infirm, or a
place of rest and care for those suffering physical or mental disorders. Hospitals,
clinics, maternity care homes, and other buildings or parts of buildings containing
surgical equipment are not included.
Counseling Service. A public or private organization which provides advice and
assistance concerning such matters as career objectives, chemical and alcohol abuse
and health problems. Counseling services do not include employment agencies,
attorneys' offices or uses which are typically located in business or professional
offices.
Curb Elevation. The average elevation of the constructed curb of the street along a
front lot line. Where there is no constructed curb, the Engineer shall establish the
curb elevation for purposes of this Section.
Day. A calendar day.
Day Care. A service providing care and supervision for part of a day for
individuals who are not residents of the principal building in which the service is
located.
Deck. A structure which is either freestanding or attached to a principal or
accessory building, constructed at grade or above grade, intended or designed for
use as outdoor living space and unenclosed by solid or non-solid walls or a roof.
Enclosures or covered areas such as gazebos, breezeways and porches which may
be integral to a deck shall be considered for setback purposes as accessory buildings
if the deck is freestanding, or as a part of the principal building if the deck is
attached to the principal building.
District. A geographic area or areas of the City sharing the same zoning
classification for which this Section establishes restrictions and requirements. A
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City of Edina Land Use, Platting and Zoning 850.03
district may be divided into subdistricts.
Drive-In. A principal or accessory use which sells or serves products or
merchandise to customers waiting in vehicles who then consume or use the product
or merchandise within the vehicle while on the lot occupied by the principal or
accessory use.
Drive-Through Facility. An accessory use which provides goods or services to
customers waiting in vehicles who then leave the lot to consume or utilize any
goods which may have been received. Employees of the principal use shall not leave
the confines of the principal or accessory building to dispense said goods or
services.
Dwelling Unit. One or more rooms connected together, but which is or are
separated from all other rooms in the same building, which room constitutes, or
rooms constitute, a separate, independent unit with facilities for cooking, sleeping
and eating, and used for residential occupancy. A room or rooms shall be deemed to
be a dwelling unit if it contains or they contain facilities for cooking, sleeping and
eating, if it or they can be separated from all other rooms in the same building, if
access can be gained without entering or passing through any living space of
another dwelling unit, and if it is or they are used for residential occupancy.
Efficiency Apartment. A dwelling unit consisting of one room exclusive of
bathroom, kitchen, hallway, closets or dining alcove directly adjoining the one
room.
Efficiency Dwelling Unit. See Efficiency Apartment.
Fence Height. The vertical distance measured from the finished grade to the
uppermost point of the fence panels. The grade at the fence line shall not be altered
in anyway that artificially increases the maximum permitted height of the fence.
The height of the fence may exceed the allowed height by a maximum of six inches
to accommodate drainage and uneven terrain. Posts may extend beyond the top of
any the fence by no more than twelve inches.
Floor Area Ratio (FAR). Gross floor area divided by lot area.
Frontage. That portion of a lot line which coincides with the right-of-way line of a
street.
Garage - Accessory. An accessory building or portion of a principal building which
is principally used for the storage of motor vehicles owned by the occupants of the
principal building.
Garage - Repair. A principal building used for the repair of motor vehicles or the
storage, for a fee, of motor vehicles for periods exceeding 24 hours.
Gas Station. A principal building and its accessory structures used for the sale of
motor fuels and oils, where automotive accessories and convenience goods may be
sold, but where repair and servicing of motor vehicles does not occur; provided,
however, that an accessory car wash is permitted. If repair or servicing is provided,
850-9 Supplement 2007-06
City of Edina Land Use, Platting and Zoning 850.03
I
the use shall be classified as an automobile service center.
Gross Floor Area (GFA). The sum of the horizontal areas of all the floors of a
building as measured from (i) the exterior faces of the exterior walls; (ii) the
exterior window line of the exterior walls in the case of a building with recessed
windows, or (iii) the center line of any party wall separating two buildings. Gross
floor area includes basements, hallways, interior balconies and mezzanines,
enclosed porches, breezeways and accessory buildings not used for parking. Gross
floor area does not include accessory garages, parking ramps, parking garages,
areas not enclosed by exterior walls, mechanical rooms, patios, decks, restrooms,
elevator shafts or stairwells. Use of the phrase "floor area," in this Section shall
mean "gross floor area" as herein defined, unless otherwise specifically stated.
Half Story. The uppermost floor of a building in which (i) the intersection of the
exterior wall and the roof is not more than three feet above the floor elevation, and
(ii) not more than 60 percent of the floor's area exceeds five feet in height as
measured from the floor to the rafters. Floors not meeting this definition shall be
deemed a story.
Helistop. An area, either at ground level or elevated on a structure, used for
landing and takeoff of helicopters.
Hotel. A building, or group of buildings, which, in whole or in part, contains
rooms used for sleeping or transient occupancy.
Lodge Hall. A hall for, or meeting place of, the members of a local branch of a
fraternal order or society, such as the Masons, Knights of Columbus, Moose,
American Legion and other similar organizations.
Lot. The basic development unit for purposes of this Section. A lot may consist of
one parcel or two or more adjoining parcels under single ownership or control, and
used for a principal use and accessory uses allowed by this Section. A lot, except
lots in a townhouse plat, must have at least 30 feet frontage on a street other than at
limited access freeway.
Lot Area. The area within the lot lines exclusive of land located below the ordinary
high water elevation of lakes, ponds and streams.
Lot - Corner. A lot at the junction of and abutting on two or more intersecting
streets, or at the point of deflection in alignment of a single street, the interior angle
of which does not exceed 135 degrees.
Lot Depth. The horizontal distance between the midpoint of the front lot line and
the midpoint of the rear lot line. The greater frontage of a corner lot is its depth and
the lesser frontage is its width.
Lot - Interior. A lot other than a corner lot.
Lot Line - Front. The boundary of a lot having frontage on a street. The owner of
a corner lot may select either frontage as the front lot line.
Lot Line - Interior. Any boundary of a lot not having frontage on a street.
850-10 Supplement 2007-06
City of Edina Land Use, Platting and Zoning 850.03
Lot Line - Rear. The boundary of a lot which is most distant from, and
approximately parallel with, the front lot line.
Lot Line - Side. Any boundary of a lot which is not a front or rear lot line.
Lot - Through. An interior lot having frontage on two streets.
Lot Width. The horizontal distance between side lot lines measured at right angles
to the line establishing the lot depth at a point of 50 feet from the front lot line.
Lot Width to Perimeter Ratio. The lot width divided by the perimeter of the lot.
Motel. See Hotel.
Motor Hotel. See Hotel.
Multi-Residential Use. A residential use permitted in the Planned Residence
District and the Mixed Development District.
Non-Conforming Building. A building or structure which does not meet the
requirements of the zoning district in which it is located due to the enactment of this
Section or any amendment thereto, but which was lawfully existing as of the date of
its construction or placement.
Non-Conforming Lot. A lot which does not meet the requirements of the zoning
district in which it is located, or of Section 810 of this Code, due to the enactment
of this Section, or of Section 810 of this Code, or any amendments to either, but
which met all such requirements as of the date the lot was established or created of
record.
Non-Conforming Use. A principal or accessory use which does not meet the
requirements of the zoning district in which it is located due to the enactment of this
Section, or any amendment hereto, but which was a lawful use as of the date it was
first commenced.
Non-Profit Organization. An organization which is qualified for tax exemption
under §§501(c)(3) or 501(c)(4) of the Internal Revenue Code of 1986, as amended.
Nursing Home. See Convalescent Home.
Outlot. An area, parcel, tract or lot of land shown on a plat or subdivision as an
outlot.
Parcel. A unit of land with fixed boundaries described by lot and block and
reference to a recorded plat approved by the duly adopted resolution of the Council,
or by a metes and bounds, or other, description. A parcel may or may not be a lot
as defined in this Section.
Parking Garage. A building which is totally enclosed by walls and a roof, and
containing one or more levels for the parking of vehicles.
Parking Ramp. A structure which is not totally enclosed, containing one or more
levels for the parking of vehicles.
850-11 Supplement 2007-06
City of Edina Land Use, Platting and Zoning 850.03
I
Patio. A portion of a lot which is improved with a surfacing material including, but
not limited to, concrete, asphalt or decorative bricks, which is intended or designed
for use as outdoor living space and is not enclosed by solid or non-solid walls or a
roof. Enclosures or covered areas such as gazebos, breezeways and porches which
may be integral to a patio will be considered, for setback purposes, as accessory
buildings if the patio is freestanding or is part of the principal building, if the patio
is contiguous with the principal building.
Principal Building. A building which is used for principal uses including enclosed
seasonal living areas such as porches and breezeways which are attached to the
principal building.
Residential Building. A building used for residential purposes or residential
occupancy.
Residential Occupancy. The use of a room or rooms for housekeeping purposes by
the owner of the property, or by a lessee or occupant, for.periods of 30 days or
more for a rental fee, or other compensation, or pursuant to other arrangements
with the owner.
Residential Use. See Residential Occupancy.
i
Rest Home. See Convalescent Home.
Senior Citizen Dwelling Unit. (i) A one bedroom dwelling unit within an
apartment building with a kitchen, bathroom, living and storage space, of not less
than 550 square feet nor more than 650 square feet, and specifically designed for
occupancy by a single individual 62 years of age or over, or two individuals, one of
whom is 62 years of age or over; (ii) A one bedroom dwelling unit within an
apartment building with a kitchen, bathroom, living and storage space, of not less
than 550 square feet nor more than 700 square feet, and specifically designed for
occupancy by a handicapped individual; or (iii) A two bedroom dwelling unit within
an apartment building with a kitchen, bathroom, living and storage space, of not
less than 750 square feet nor more than 850 square feet, and specifically designed
for occupancy by a single individual 62 years of age or over, or two individuals,
one of whom is 62 years of age or over.
Setback - Front Street. The shortest horizontal distance from the forward most
point of a building or structure to the nearest point on the front lot line.
Setback - Interior Side Yard. The shortest horizontal distance from any part of a
building or structure to the nearest point on an interior side lot line.
Setback - Rear Yard. The shortest horizontal distance from any part of a building
or structure to the nearest point on a rear lot line.
Setback - Side Street. The shortest horizontal distance from any part of a building
or structure to the nearest point on a side lot line that adjoins a street.
Sexually-Oriented Businesses. Adult bookstores, adult motion picture theaters,
adult motion picture rental, adult mini-motion picture theaters, adult steam
850-12 Supplement 2007-06
City of Edina Land Use, Platting and Zoning 850.03
room/bathhouse/sauna facilities, adult companionship establishments, adult
rap/conversation parlors, adult health/sport clubs, adult cabarets, adult novelty
businesses, adult motion picture arcades, adult modeling studios, adult
hotels/motels, and adult body painting studios as herein defined. In addition, all
other premises, enterprises, establishments, businesses or places at or in which
there is an emphasis on the presentation, display, depiction or description of
Specified Sexual Activity or Specified Anatomical Areas which are capable of being
seen by members of the public. The term "sexually-oriented businesses" shall not be
construed to include; (i) schools or professional offices of licensed physicians,
chiropractors, psychologists, physical therapists, teachers or similar licensed
professionals performing functions authorized under the licenses held; (ii)
establishments or businesses operated by or employing licensed cosmetologists or
barbers performing functions authorized under licenses held; (iii) businesses or
individuals licensed in accordance with Section 1340 of this Code, or (iv) the sale of
clothing.
Shopping Center. A group of unified commercial establishments located on a
single tract, permitted in the PCD-1, PCD-2 and PCD-3 Districts, composed of not
fewer than six separate and distinct business entities which are located in one or
more buildings comprising not less than 25,000 square feet of gross floor area, and
which share joint use of parking facilities, pedestrian ways, landscaping, traffic
circulation and other amenities, in accordance with and pursuant to a joint use
agreement, in form and substance acceptable to the Planner and Engineer, duly
signed and delivered by all owners and encumbrances of the shopping center, and
duly recorded in the proper office to give constructive notice.
Specified Anatomical Areas. (i) Less than completely and opaquely covered human
genitals, pubic region, buttock, anus, or female breast(s) below a point immediately
above the top of the areola; or; (ii) Human male genitals in a discernibly turgid
state, even if completely and opaquely covered.
Specified Sexual Activities. (i) Actual or simulated sexual intercourse, oral
copulation, anal intercourse, oral-anal copulation, bestiality, direct physical
stimulation of unclothed genitals, flagellation or torture in the context of a sexual
relationship, or the use of excretory functions in the context of a sexual
relationship, and any of the following sexually-oriented acts or conduct: anilingus,
buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty,
pedophilia, piquerism, sapphism, zooerasty; or (ii) Clearly depicted human genitals
in the state of sexual stimulation, arousal or tumescence; or; (iii) Use of human or
animal ejaculation, sodomy, oral copulation, coitus, or masturbation; or; (iv)
Fondling or touching of nude human genitals, pubic region, buttock, or female
breast(s); or, (v) Situations involving a person or persons, any of whom are nude,
clad in undergarments or in sexually revealing costumes, and who are engaged in
activities involving the flagellation, torture, fettering, binding or other physical
restraint of any such persons; or, (vi) Erotic or lewd touching, fondling or other
sexually-oriented contact with an animal by a human being; or, (vii) Human
excretion, urination, menstruation, vaginal or anal irrigation.
Split Level Dwelling. A Split Level Dwelling has two or three short sets of stairs,
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City of Edina Land Use, Platting and Zoning 850.03
I
and two to four levels. The front entry is on a middle floor between two floors. The
front door opens in a foyer or entry area located in a wing off the main house. From
the front entry, a short flight of stairs leads up to the top floor and another short
flight leads down.
Story. That portion of a building included between the surface of any floor and the
surface of the floor next above, or if there is not a floor above, the space between
the floor and the ceiling above. A basement with more than 50 percent of its
exterior wall area located entirely below the proposed ground elevation adjoining
the basement shall not be counted as a story.
Street. A public right-of-way 30 feet or more in width which is used or usable as a
public thoroughfare. All references in this Section to measurements to or along a
street shall mean to and along the public right-of-way and not to the improved or
traveled portion of such right-of-way.
Structure. Anything built or constructed, an edifice or building of any kind, or any
piece of work composed of parts joined together in some definite manner, and
including, without limitation, towers, poles and fences except parking lots and
driveways.
Suites Hotel. A hotel in which at least 80 percent of the guest rooms are two-room
suites containing at least 400 square feet of gross floor area.
Swimming Pool. A constructed pool, used for swimming or bathing, with a water
surface area exceeding 100 square feet. The term shall also include the deck area
required by this Code and any equipment appurtenant to the pool.
Townhouse. A dwelling unit attached to other dwelling units by common walls,
side by side, extending from the foundation to the roof and without any portion of
one dwelling unit located above any portion of another dwelling unit, and with each
dwelling unit having a separate entrance from outside the building. Buildings with
distinct, separate spaces, or designed for distinct, separate spaces, for office,
commercial or industrial uses, in a manner similar to a residential townhouse
described above, shall be deemed townhouses for purposes of this Section.
Townhouse Plat. The subdivision, by recorded plat approved by duly adopted
resolution of the Council, whereby all lot lines are coterminous, or nearly so, with
the boundaries of the foundation of each building, and the area of the land lying
outside"of the lifts and within the subdivision is described as an outlot which is
owned by an association of owners of the lots in the townhouse plat.
Tract. One or more adjoining lots, not separated by streets, under common
ownership, located within the same zoning subdistrict, and used for an integrated
development.
Transient-Occupancy. The use of a room or rooms for sleeping, cooking or eating,
in a residential manner, for periods of less than 30 days and for a rental fee, or
other compensation, or pursuant to other arrangements with the owner, lessee or
occupant of the premises.
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City of Edina Land Use, Platting and Zoning 850.04
Yard - Front. An open, unoccupied space on the same lot as a building, which lies
between the building and the front lot line, and extends from side lot line to side lot
line.
Yard - Rear. An open, unoccupied space on the same lot as a building, which lies
between the building and the rear lot line, and extends from side lot line to side lot
line. Some accessory buildings may be placed in the rear yard.
Yard - Side. An open, unoccupied space on the same lot as a building, which lies
between the building and the side lot line, and extends from the front lot line to the
rear lot line. Some accessory buildings may be placed in the side yard.
Year. A period of 365 consecutive days.
850.04 Administration and Procedures for Variances, Rezoning, Transfer to Planned
Districts and Conditional Use Permits.
Subd. 1 Variances and Appeals.
A. Zoning Board of Appeals. There is continued a separate Zoning Board of
Appeals of the City. The Zoning Board of Appeals is the board of appeals and
adjustments created pursuant to M.S. 462.354, Subd. 2. All members of the
Commission, from time to time, shall be members, and the other members shall be
six residents of the City appointed for a term of three years by the Mayor with the
consent of a majority of the members of the Council. For hearings, the Board shall
consist, at a maximum, of any five members, but three members shall constitute a
quorum for conducting such hearings and making decisions. However, at least one
Commission member shall be in attendance at each Board meeting, and shall be
deemed to be the representative of the Commission for purposes of review and
report by the Commission as required by M.S. 462.354, Subd. 2. The Board shall
make no decision until the Commission, or a representative of it, has had reasonable
opportunity, not to exceed 60 days, to review and report to the Board concerning
the decision. All members shall serve without compensation. Members may resign
voluntarily or be removed by a majority vote of the Council or pursuant to Section
180 of this Code. That Commission member in attendance at a meeting who has the
then longest continuous service on the Commission shall be the Chair for that
meeting. The Board shall adopt such bylaws as shall be necessary or desirable for
..conduct of its business. Staff services shall be provided by the Planning
Department. Board members who discontinue legal residency in the City shall be
automatically removed from office effective as of the date of such discontinuance.
Vacancies shall be filled pursuant to Subsection 180.03 of this Code.
B. Powers and Duties of Board. The Board shall have the power and duty of
hearing and deciding, subject to appeal to the Council, the following matters:
1. Requests for variances from the literal provisions of this Section.
2. Appeals in which it is alleged that there is an error in any order,
requirement, decision or determination made by an administrative officer in
the interpretation or enforcement of this Section; and
850-15 Supplement 2007-06
City of Edina Land Use, Platting and Zoning 850.04
3. Requests for variances from the literal provisions of Section 1046 of this
Code.
4. Requests for modifications form the requirements of Section 815 of this
Code.
NC. Petitions for Variances. The owner or owners of land to which the variance
relates may file a petition for a variance with the Planning Department. The petition
shall be made on forms provided by the Planning Department and shall be
accompanied by the fee set forth in Section 185 of this Code. The petition shall be
accompanied by plans and drawings to scale which clearly illustrate, to the
satisfaction of the Planner, the improvements to be made if the variance is granted.
The Planner may require the petitioner to submit a certificate by a registered
professional land surveyor verifying the location of all buildings, setbacks and
building coverage, and certifying other facts that in the opinion of the Planner are
necessary for evaluation of the petition.
13.D. Appeals of Administrative Decisions. A person who deems himself or herself
aggrieved by an alleged error in any order, requirement, decision or determination
made by an administrative officer in the interpretation and enforcement of this
Section, may appeal to the Board by filing a written appeal with the Planning
Department within 30 days after the date of such order, requirement, decision or
determination. The appeal shall fully state the order to be appealed and the relevant
facts of the matter.
(j E. Hearing and Decision by the Board; Notice.
1. Within 60 days after the Planner determines that a variance petition is
complete, and all required fees and information, including plans, drawings and
surveys, have been received, or within 60 days after the filing of an appeal of
an administrative decision, the Board shall conduct a public hearing and after
hearing the oral and written views of all interested persons, the Board shall
make its decision at the same meeting or at a specified future meeting.
2. Notice of variance hearings shall be mailed not less than ten days before
the date of the hearing to the person who filed the petition for variance and to
each owner of property situated wholly or partially within 200 feet of the
property to which the variance relates insofar as the names and addresses of
such mF ners can be ivasonably- determined by the Clerk from records.
maintained by the Assessor.
3. A notice of hearing for appeals of administrative decisions shall be
published in the official newspaper of the City not less than ten days before the
hearing. A notice shall also be mailed to the appellant.
4. No new notice need be given for any hearing which is continued by the
Board to a specified future date.
F. Findings For Variances. The Board shall not grant a petition for a variance
unless it finds that the strict enforcement of this Section would cause undue hardship
850-16 Supplement 2007-06
City of Edina Land Use, Platting and Zoning 850.04
because of circumstances unique to the petitioner's property and that the grant of
said variance is in keeping with the spirit and intent of this Section. "Undue
hardship" means that (i) the property in question cannot be put to a reasonable use
as allowed by this Section; (ii) the plight of the petitioner is due to circumstances
unique to the petitioner's property which were not created by the petitioner; and (iii)
the variance, if granted, will not alter the essential character of the property or its
surroundings. Economic considerations alone shall not constitute an undue hardship
if reasonable use for the petitioner's property exists under the terms of this Section.
A favorable vote by the Board shall be deemed to include a favorable finding on
each of the foregoing matters even if not specifically set out in the approval
resolution or the minutes of the Board meeting.
LG. Appeals from Decisions of the Board.
1. The following individuals may appeal a decision of the Board:
a. any petitioner for a variance;
b. any owner to whom notice of the variance hearing is required to be
mailed pursuant to this Section;
c. the appellant in the case of an appeal of an administrative decision;
d. any person who deems to be aggrieved by the Board's decision on
the appeal of an administrative decision; and
e. any administrative officer of the City.
2. An appeal from a decision of the Board shall be filed with the Clerk no
later than ten days after the decision by the Board. If not so filed, the right of
appeal shall be deemed waived, and the decision of the Board shall be final.
H. Hearing and Decision by Council. The Council shall hear and decide all appeals
from the decisions of the Board. The appeal shall be heard not later than 60 days
after the date the appeal is filed. The Council shall follow the same procedures as to
notices, hearings, findings for variances and decisions that the Board is required to
follow relative to the subject matter of the appeal pursuant to this Section. A
favorable vote by the Council shall be deemed to include a favorable finding on
each of the required findings even if not specifically set out in the approval
resolution or the minutes of the Council meeting.
I. Conditions on Variance Approvals. In granting a variance, the Board, or the
Council on appeal, may impose conditions to ensure compliance with the purpose
and intent of this Code and to protect adjacent properties.
J. Form of Action Taken and Record. The Board, or the Council on appeal, shall
maintain a record of its proceedings which shall include the minutes of its meetings
and final order concerning the variance petition or appeal of administrative
decision. If a variance is granted, the petitioner, at the petitioner's expense, shall
duly record the final order in the proper office to give constructive notice. A
verified copy of such order, with the recording data, shall be delivered to the
Planner. The Board, or the Council on appeal, may require such order to be
recorded and such verified copy to be delivered to the Planner before the variance
shall be effective.
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City of Edina Land Use, Platting and Zoning 850.04
i
K. Lapse of Variance By Non-User, Extension of Time.
1. If, within one year after the date of the meeting of the Board, or the
Council on appeal, at which the variance was granted, the owner or occupant
of the affected land shall not have obtained a building permit, if one is
required, and commenced the work or improvement described in such petition,
the variance shall become null and void unless a petition for extension of time
in which to commence the proposed work or improvement has been granted.
2. A petition for extension shall be in writing and filed with the Clerk within
such one year period. The petition for extension shall state facts showing a
good faith attempt to use the variance and shall state the additional time
requested to begin the proposed work or improvement. The petition shall be
presented to the Board for hearing, findings and decision in the same manner
as then required by this Section 850 for an original petition for variance. The
Board may grant an extension of the variance for up to one year upon finding
that a good faith attempt to use the variance has been made, that there is a
reasonable expectation that the variance will be used during the extension, that
speculation will thereby not be fostered, and that the facts and circumstances
under which the original variance was granted are not materially changed.
L. Denial: No application for a variance which has been denied in whole or in part
shall be resubmitted within twelve (12) months of the date of the order of denial,
except that a new application may be permitted to the same denying board, if new
evidence or a change of circumstances warrant it.
Subd. 2 Rezoning.
A. Initiation of Rezoning Process.
1. A petition for rezoning may be initiated by the owner of land proposed for
transfer to another district or subdistrict, the Council or the Commission.
2. A petition by an owner shall be on forms provided by the Planner, shall be
submitted with plans, data and information required by this Section, and such
other information that the Planner believes necessary for evaluation of the
petition. The petition shall be accompanied by the fee set forth in Section 185
of this Code.
B. Sign. The petitioner for rezoning shall erect, or cause to be erected, at least one
sign per street frontage on the land described in the petition. The sign or signs shall
be of a design approved by the Planner, shall be 36 inches by 60 inches in size,
shall have letters at least four inches high using Helvetica medium typeface or other
letter style approved by the Planner, shall be constructed of sturdy material, shall be
neatly lettered, and shall be easily viewable from, and readable by persons on, the
adjoining street. The sign or signs shall contain the following information:
"This property proposed for rezoning by:
(Name of Petitioner or Applicant)
(Telephone of Petitioner or Applicant)
For information contact Edina Planning Department:
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City of Edina Land Use, Platting and Zoning 850.04
Telephone No. 927-8861"
The petition shall not be deemed filed and the Commission shall not be required to
hold any hearings on the petition until the sign has been erected as required and for
at least ten days preceding the hearing. The sign shall be kept in good repair and
shall be maintained in place until a final decision on the petition has been made by
the Council, and shall be removed by the petitioner within five days after the final
decision. The failure of any petitioner to comply fully with the provisions of this
paragraph relating to the sign shall not prevent the Commission and Council from
acting on the petition nor invalidate any rezoning granted by the Council. If the
signs are not kept in good repair or removed as required, then the signs shall be
deemed a nuisance and may be abated by the City by proceedings under M.S. 429,
or any other then applicable provisions of this Code or State Law, and the cost of
abatement, including administrative expenses and attorneys' fees, may be levied as a
special assessment against the property upon which the sign is located.
C. Procedure for Rezoning to Planned Residential District, Regional Medical
District, Planned Office District, Planned Commercial District and Planned
Industrial District.
1. Preliminary Development Plan. The petition for rezoning shall include a
Preliminary Development Plan drawn to a scale of not smaller than 30 feet to
the inch upon which are shown the following data and information:
a. a boundary survey, prepared by a registered land surveyor,
showing the entire outline, dimensions and area of the property to
which the petition relates, and any existing structures, easements,
water bodies, water courses and flood plains;
b. all existing structures, rights-of-way widths and traveled widths of
all streets and alleys located within 100 feet of the perimeter of the
property;
c. the location, general exterior dimensions and height of all
proposed structures, and approximate gross floor area of
non-residential buildings or number of dwelling units in residential
buildings;
d. the location, arrangement and number of automobile parking stalls
and truck loading facilities; and
e. such other information as is necessary, in the opinion of the
Planner, to evaluate the petition, to determine consistency with the
Comprehensive Plan, and to ensure compliance with the requirements
of this Section and other applicable sections of this Code.
2. Commission Review and Hearing. Within 45 days after receipt by the
Planner of the petition, fee and all other required information, in form and
substance acceptable to the Planner, the Planner will review the petition,
Preliminary Development Plan and the other information provided by the
petitioner, and forward a report to the Commission. The Commission shall
850-19 Supplement 2007-06
City of Edina Land Use, Platting and Zoning 850.04
conduct a public hearing regarding the petition and Preliminary Development
Plan. A notice of the date, time, place and purpose of the hearing shall be
published in the official newspaper of the City at least ten days prior to the
date of the hearing. A similar notice of hearing shall be mailed at least ten
days before the date of the hearing to each owner of property situated wholly
or partly within 1,000 feet of the tract to which the petition relates insofar as
the names and addresses of such owners can reasonably be determined by the
Clerk from records maintained by the Assessor or from other appropriate
records. After reviewing the report of the Planner and hearing the oral or
written views of all interested persons, the Commission shall make its decision
at the same meeting or at a specified future date and send its recommendation
to the Council. No new notice need be given for hearings, which are continued
by the Commission to a specified future date.
3. Council Hearings and Decision; Preliminary Zoning Approval. Upon
request of the Planner, Manager or petitioner, and after review and
recommendation by the Commission, the Council shall conduct a public
hearing regarding the petition and Preliminary Development Plan. The hearing
shall be held not later than 60 days after the date of the recommendation by the
Commission. A notice of the date, time, place and purpose of the hearing shall
be published in the official newspaper of the City at least ten days prior to the
date of the hearing. A similar notice of hearing shall be mailed at least ten
days before the date of the hearing to each owner of property situated wholly
or partly within 1,000 feet of the tract to which the petition relates insofar as
the names and addresses of such owners can reasonably be determined by the
Clerk from records maintained by the Assessor or from other appropriate
records. After hearing the oral or written views of all interested persons, the
Council shall make its decision at the same meeting or at a specified future
date. No new notice need be given for hearings, which are continued by the
Council to a specified future date. An affirmative vote of three-fifths of all
members of the Council shall be required to grant preliminary rezoning
approval. Provided, however, a rezoning from any residential zoning district
to any nonresidential zoning district shall require an affirmative vote of four-
fifths of all members of the Council. If preliminary rezoning approval is
granted, the petitioner may prepare a Final Development Plan. In granting
preliminary rezoning approval, the Council may make modifications to the
Preliminary Development Plan and may impose conditions on its approval.
The petitioner shall include the modifications, and comply with the conditions,
in the Final Development Plan, or at another time and by other documents, as
the Council may require or as shall be appropriate."
4. Final Development Plan. The Final Development Plan shall include all
required information and data delineated on the Preliminary Development Plan
and, in addition, the following data and information:
a. exact location and elevation drawings of all existing and proposed
structures on the tract including a description of existing and proposed
exterior building materials;
850-20 Supplement 2007-06
I
City of Edina Land Use, Platting and Zoning 850.04
b. the locations, dimensions and design features of all proposed
streets, driveways, vehicular entrances and exits, driveway
intersections with streets, parking areas, loading areas, maneuvering
areas and sidewalks, together with dimensions and locations of all
existing and proposed public and private easements;
c. a landscape plan and schedule in accordance with Subsection
850.10;
d. a general overall grading plan indicating final grades and the
direction and destination of surface drainage;
e. location of all existing, and preliminary layout and design of all
proposed, watermains, sanitary sewers, drainage facilities and storm
sewers, together with dimensions and locations of all existing and
proposed public and private easements; and
f. any other information necessary, in the opinion of the Planner, to
evaluate the plan, determine consistency with the Comprehensive Plan
and to ensure compliance with this Section and other applicable
provisions of this Code.
5. Final Development Plan; Commission Review and Hearing. The Final
Development Plan shall be in form and substance acceptable to the Planner.
Within 45 days after receipt by the Planner of the Final Development Plan, the
Planner shall forward a report to the Commission. The Commission shall
conduct a public hearing regarding the Final Development Plan. A notice of
the date, time, place and purpose of the hearing shall be published in the
official newspaper of the City at least ten days prior to the date of the hearing.
A similar notice of hearing shall be mailed at least ten days before the date of
the hearing to each owner of property situated wholly or partly within 1,000
feet of the tract to which the petition relates insofar as the names and addresses
of such owners can reasonably be determined by the Clerk from records
maintained by the Assessor or from other appropriate records. After reviewing
the report of the Planner and hearing the oral or written views of all interested
persons, the Commission shall make its decision at the same meeting or at a
specified future date and send its recommendation to the Council. No new
notice need be given for hearings, which are continued by the Commission to a
specified future date. The 'Commission shall recommend approval by the
Council upon finding that the proposed development:
a. is consistent with the Comprehensive Plan;
b. is consistent with the Preliminary Development Plan as approved
and modified by the Council and contains the Council imposed
conditions to the extent the conditions can be complied with by the
Final Development Plan.
c. will not be detrimental to properties surrounding the tract;
850-21 Supplement 2007-06
City of Edina Land Use, Platting and Zoning 850.04
d. will not result in an overly-intensive land use;
e. will not result in undue traffic congestion or traffic hazards;
f. conforms to the provisions of this Section and other applicable
provisions of this Code; and
g. provides a proper relationship between the proposed improvements,
existing structures, open space and natural features.
A recommendation of approval by the Commission shall be deemed to include
a favorable finding on each of the foregoing matters even if not specifically set
out in the approval resolution or the minutes of the Commission meeting.
6. Council Hearing and Decision; Final Rezoning. Within 60 days after the
recommendation on the Final Development Plan by the Commission, the
Council shall conduct a public hearing on the Final Development Plan in the
same manner and with the same notices as required for preliminary rezoning
approval. After hearing the oral and written views of all interested persons,
the Council may accept or reject the findings of the Commission and thereby
approve or disapprove the Final Development Plan. An affirmative vote of
three-fifths of all members of the Council shall be required to grant final
rezoning approval. Provided, however, a rezoning from any residential
zoning district to any nonresidential zoning district shall require an affirmative
vote of four-fifths of all members of the Council. Approval may be made
subject to modifications and conditions which, together with the Council's
modifications and conditions at the time of preliminary rezoning approval and
not done and fulfilled by the Final Development Plan, must be fulfilled and
met, to the satisfaction of the Planner, before the final approval becomes
effective. Approval of the Final Development Plan shall also constitute final
rezoning of the tract included in the plans, and the publication of the ordinance
amendment effecting the zoning change shall thereby be authorized, but no
publication shall be done until any modifications and conditions made by the
Council have been met and fulfilled to the satisfaction of the Planner.
7. Exceptions From Requirements. The Council may authorize exceptions
from otherwise applicable requirements in the proposed district in connection
with and at the same time as final rezoning approval.
8. Filing. The approved Final Development Plan shall be filed in the Planning
Department.
9. Development. The development of the tract shall be done and
accomplished in full compliance with the approved Final Development Plan, as
modified by, and with the conditions made by, the Council, and in full
compliance with this Section and other applicable provisions of this Code.
Applications for building permits shall be reviewed by the Planning
Department prior to issuance of such permits to determine if they conform to
the provisions of this Section, the approved Final Development Plan, as
modified by, and with the conditions made by, the Council, and other
850-22 Supplement 2007-06
City of Edina Land Use, Platting and Zoning 850.04
applicable provisions of this Code.
10. Changes to Approved Final Development Plan. Minor changes in the
location and placement of buildings or other improvements due to unforeseen
circumstances may be authorized by the Planner. Proposed changes to the
approved Final Development Plan affecting structural types, building
coverage, mass, intensity or height, allocation of open space and all other
changes which affect the overall design of the property shall be acted on,
reviewed and processed by the Commission and Council in the same manner
as they reviewed and processed the Final Development Plan, except that a
three-fifths favorable vote of the Council shall be required to authorize the
proposed change.
11. Lapse of Approved Final Development Plan by Non-User; Extension of
Time.
a. If a building permit has not been obtained, and if erection or alteration
of a building, as described in the application for final development plan, has
not begun within two years after final development plan approval, the
approval shall be null and void unless a petition for extension of time in
which to commence the proposed work or improvements has been granted.
b. A petition for extension shall be made in writing and filed with the City
Clerk within such two year period. The petition shall state reasons showing
why a building permit has not been obtained, or why erection or alterations
have not commenced, and shall state the additional time requested to begin
the proposed work or improvement. The petition shall be presented to the
Council for hearing and decision in the same manner as then required for an
original application. The Council may grant an extension of up to one year
upon finding that:
i. there is a reasonable expectation that the proposed work or
improvement will commence during the extension, and
ii. the facts which were the basis for approving the final development
plan have not materially changed. No more than one extension shall be
granted.
D. Procedure for Rezoning to Mixed Development District.
1. Preliminary Development Plan. The petition for rezoning shall include a
Preliminary Development Plan drawn to a scale of not smaller than 30 feet to
the inch upon which are shown the following data and information:
a. a boundary survey, prepared by a registered land surveyor,
showing the entire outline, dimensions and area of the property to
which the petition relates, and any of its existing structures,
easements, water bodies, watercourses and floodplains;
b. all existing structures, rights-of-way widths and traveled widths of
all streets and alleys located within 100 feet of the perimeter of the
850-23 Supplement 2007-06
City of Edina Land Use, Platting and Zoning 850.04
I
property;
c. the general location, general exterior dimensions and height of all
proposed structures, and approximate gross floor area of
non-residential buildings or number of dwelling units in residential
buildings;
d. the location, arrangement and number of automobile parking stalls;
e. a traffic impact analysis, and travel demand management plan for
projects proposed for rezoning to MDD-5 District or MDD-6 District
(analysis and plan shall be separate documents delivered with the
Preliminary Development Plan); and
f. such other information as is necessary, in the opinion of the
Planner, to evaluate the petition, to determine consistency with the
Comprehensive Plan, and to ensure compliance with the requirements
of this Section and other applicable provisions of this Code.
2. Commission Review and Hearing. Within 45 days after receipt by the
Planner of the petition, fee and all other required information, in form and
substance acceptable to the Planner, the Planner will review the petition,
Preliminary Development Plan and the other information provided by the
petitioner, and forward a report to the Commission. The Commission shall
conduct a public hearing regarding the petition and Preliminary Development
Plan. A notice of the date, time, place and purpose of the hearing shall be
published in the official newspaper of the City at least ten days prior to the
date of the hearing. A similar notice of hearing shall be mailed at least ten
days before the date of the hearing to each owner of property situated wholly
or partly within 1,000 feet of the tract to which the petition relates insofar as
the names and addresses of such owners can reasonably be determined by the
Clerk from records maintained by the Assessor or from other appropriate
records. After reviewing the report of the Planner and hearing the oral or
written views of all interested persons, the Commission shall make its decision
at the same meeting or at a specified future date and send its recommendation
to the Council. No new notice need be given for hearings, which are continued
by the Commission to a specified future date i
3. Council Hearing and Decision; Preliminary Zoning Approval. Upon request
of the Planner, Manager or petitioner, and after review and recommendation
by the Commission, the Council shall conduct a public hearing regarding the
petition and Preliminary Development Plan. The hearing shall be held not later
than 60 days after the date of the recommendation by the Commission. A
notice of the date, time, place and purpose of the hearing shall be published in
the official newspaper of the City at least ten days prior to the date of the
hearing. A similar notice of hearing shall be mailed at least ten days before the
date of the hearing to each owner of property situated wholly or partly within
1,000 feet of the tract to which the petition relates insofar as the names and
addresses of such owners can reasonably be determined by the Clerk from
records maintained by the Assessor. After hearing the oral or written views of
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City of Edina Land Use, Platting and Zoning 850.04
all interested persons, the Council shall make its decision at the same meeting
or at a specified future date. No new notice need be given for hearings which
are continued by the Council to a specified future date. An affirmative vote of
three-fifths of all members of the Council shall be required to grant
preliminary rezoning approval. Provided, however, a rezoning from any
residential zoning district to any nonresidential zoning district shall require an
affirmative vote of four-fifths of all members of the Council. If preliminary
rezoning approval is granted, the petitioner may prepare an Overall
Development Plan for final rezoning approval. In granting preliminary
rezoning approval, the Council may make modifications to the Preliminary
Development Plan and may impose conditions on its approval. The petitioner
shall include such modifications, and comply with such conditions, in the
Overall Development Plan, or at such other time and by such other documents,
as the Council may require or as shall be appropriate.
4. Overall Development Plan. Multiple phase developments shall be subject to
Overall Development Plan review and action and also to Final Site Plan review
and action in separate proceedings as provided. Single phase developments
shall be subject to Overall Development Plan and Final Site Plan review and
action in one proceeding. All information required in Overall Development
Plan review and action and for Final Site Plan review and action shall be
included and provided with action for Overall Development Plan review. The
Overall Development Plan shall include all required information and data
delineated on the Preliminary Development Plan and, in addition, the
following data and information:
a. a site plan illustrating the approximate location and maximum
height of all existing and proposed structures on the tract;
b. the schematic design features of all proposed streets, driveways,
vehicular entrances and exits, driveway intersections with streets,
parking areas, maneuvering areas and sidewalks;
c. a landscape concept plan;
d. a general overall grading plan indicating grades and the direction
and destination of surface drainage;
e. location of all existing, and the schematic design of all proposed,
watermains, sanitary sewers, drainage facilities and storm sewers;
f. a phasing plan identifying the public and private elements and
components of each phase and approximate timing of each phase; and
g. any other information necessary, in the opinion of the Planner, to
evaluate the plan, determine consistency with the Comprehensive Plan
and to ensure compliance with the requirements of this Section and
other applicable provisions of this Code.
5. Overall Development Plan; Commission Review and Hearing. The
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City of Edina Land Use, Platting and Zoning 850.04
Overall Development Plan shall be in form and substance acceptable to the
Planner. Within 45 days after receipt by the Planner of the Overall
Development Plan, the Planner shall forward a report to the Commission. The
Commission shall conduct a public hearing regarding the Overall Development
Plan. A notice of the date, time, place and purpose of the hearing shall be
published in the official newspaper of the City at least ten days prior to the
date of the hearing. A similar notice of hearing shall be mailed at least ten
days before the date of the hearing to each owner of property situated wholly
or partly within 1,000 feet of the tract to which the petition relates insofar as
the names and addresses of such owners can reasonably be determined by the
Clerk from records maintained by the Assessor or from other appropriate
records. After reviewing the report of the Planner and hearing the oral or
written views of all interested persons, the Commission shall make its decision
at the same meeting or at a specified future date and send its recommendation
to the Council. No new notice need be given for hearings, which are continued
by the Commission to a specified future date. The Commission shall
recommend approval by the Council upon finding that the proposed
development:
a. is consistent with the Comprehensive Plan;
b. is consistent with the Preliminary Development Plan as approved
and modified by the Council and contains the Council imposed
conditions to the extent the conditions can be complied with by the Final
Development Plan.
c. will not be detrimental to properties surrounding the tract;
d. will not result in an overly-intensive land use;
e. will not result in undue traffic congestion or traffic hazards;
f.conforms to the provisions of this Section and other applicable
provisions of this Code; and
g. provides a proper relationship between the proposed improvements,
existing structures, open space and natural features.
A recommendation of approval by the Commission shall be deemed to include
a favorable finding on each of the foregoing matters even if not specifically set
out in the approval resolution or the minutes of the Commission meeting.
6. Council Hearing and Decision; Overall Rezoning. Within 60 days after the
recommendation on the Overall Development Plan by the Commission, the
Council shall conduct a public hearing on the Overall Development Plan in the
same manner and with the same notices as required for preliminary rezoning
approval. After hearing the oral and written views of all interested persons,
the Council may accept or reject the findings of the Commission and thereby
approve or disapprove the Overall Development Plan. Final approval shall
require a four-fifths favorable vote of all members of the Council. Approval
850-26 Supplement 2007-06
City of Edina Land Use, Platting and Zoning 850.04
may be made subject to modifications and conditions which, together with the
Council's modifications and conditions at the time of preliminary rezoning
approval and not done and fulfilled by the Overall Development Plan, must be
fulfilled and met, to the satisfaction of the Planner, before the final approval
becomes effective.
Approval of the Overall Development Plan shall also constitute final rezoning
of the tract included in the plans. The publication of the amendment effecting
the zoning change shall thereby be authorized, but no final rezoning or
publication shall be effective or done until the modifications and conditions, if
any, made by the Council have been met and fulfilled to the satisfaction of the
Planner.
7. Exceptions From Requirements. The Council may authorize exceptions
from otherwise applicable requirements in the proposed district in connection
with and at the same time as Final Site Plan approval or Overall Rezoning
approval.
8. Filing. The approved Overall Development Plan and approved Final Site
Plan shall be filed in the Planning Department.
9. Final Site Plan Approval. Multiple phase developments shall be subject to
Final Site Plan review and action by the Commission and Council in the same
manner as they review and act on the Overall Development Plan, except that a
three-fifths favorable vote of the Council shall be required for approval. The
installation of a sign as required by Paragraph B of Subd. 2 of this Subsection
shall be required prior to consideration of a Final Site Plan by the Commission
The installation of a sign as required by Paragraph B of Subd. 2 of this
Subsection shall be required prior to consideration of a Final Development
Plan by the Commission Single phase developments shall include all
information required for Final Site Plan approval at the time of Overall
Development Plan review. Overall Development Plan approval shall also
constitute Final Site Plan approval. Final Site Plan approval shall include all
required information and data delineated on the Overall Development Plan
and, in addition, the following data and information:
a. the exact location and elevation drawings of all existing and
proposed structures in the proposed phase including a description of
existing and proposed exterior building materials;
b. a landscape plan and schedule in accordance with Subsection
850.10;
c. the locations, dimensions and design features of all proposed
streets, driveways, vehicular entrances and exits, driveway
intersections with streets, parking areas, loading areas, maneuvering
areas and sidewalks, together with dimensions and locations of all
existing and proposed public and private easements;
d. location of all existing, and preliminary layout and design of all
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City of Edina Land Use, Platting and Zoning 850.04
proposed, watermains, sanitary sewers, drainage facilities and storm
sewers, together with dimensions and locations of all existing and
proposed public and private easements;
e. any other information necessary, in the opinion of the Planner, to
evaluate the plans and ensure compliance with requirements of this
Section and other applicable sections of this Code; and
f. demonstrate that the Final Site Plan shall be consistent with the
Overall Development Plan as approved and modified by the Council
and containing the conditions imposed by the Council to the extent
such conditions can be complied with by the Final Site Plans.
10. Development. The development of the tract shall be done and
accomplished in full compliance with the approved Final Site Plan, as
modified by, and with the conditions made by, the Council, and in full
compliance with this Section and other applicable provisions of this Code.
Applications for building permits shall be reviewed by the Planner prior to
issuance of such permits to determine if they conform to the provisions of this
Section, the approved Final Site Plan, as modified by, and with the conditions
made by, the Council, and other applicable sections of this Code.
11. Changes to Approved Overall Development Plan and Final Site Plan.
Minor changes in the location and placement of buildings or other
improvements due to unforeseen circumstances may be authorized by the
Planner. Proposed changes to the approved Overall Development Plan or Final
Site Plan affecting structural types, building location, building coverage, mass
intensity or height, allocation of open space and all other changes which affect
the overall design of the property shall be acted on, reviewed and processed by
the Commission and Council in the same manner as they reviewed and
processed the Final Site Plan.
E. Procedure for Rezoning to Single Dwelling Unit District, Double Dwelling Unit
District and Automobile Parking District.
1. Commission Review and Hearing. Within 45 days after receipt by the
Planner of the petition, fee and all other required information, in form and
substance acceptable to the Planner, the Planner will review the petition and
the other information provided by the petitioner, and forward a report to the
Commission. The Commission shall conduct a public hearing regarding the
petition. A notice of the date, time, place and purpose of the hearing shall be
published in the official newspaper of the City at least ten days prior to the
date of the hearing. A similar notice of hearing shall be mailed at least ten
days before the date of the hearing to each owner of property situated wholly
or partly within 1,000 feet of the tract to which the petition relates insofar as
the names and addresses of such owners can reasonably be determined by the
Clerk from records maintained by the Assessor or from other appropriate
records. After reviewing the report of the Planner and hearing the oral or
written views of all interested persons, the Commission shall make its decision
at the same meeting or at a specified future date and send its recommendation
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City of Edina Land Use, Platting and Zoning 850.04
to the Council. No new notice need be given for hearings, which are continued
by the Commission to a specified future date.
2. Council Hearing and Decision; Preliminary Rezoning Approval. Upon
request of the Planner, Manager or petitioner, and after review and
recommendation by the Commission, the Council shall conduct a public
hearing regarding the petition. The hearing shall be held not later than 60 days
after the date of the recommendation by the Commission. A notice of the date,
time, place and purpose of the hearing shall be published in the official
newspaper of the City at least ten days prior to the date of the hearing. A
similar notice of hearing shall be mailed at least ten days before the date of the
hearing to each owner of property situated wholly or partly within 500 feet of
the tract to which the petition relates, insofar as the names and addresses of
such owners can reasonably be determined by the Clerk from records
maintained by the Assessor. After hearing the oral and written views of all
interested persons, the Council shall make its decision at the same meeting or
at a specified future date. No new notice need be given for hearings which are
continued to a specified future date. An affirmative vote of three-fifths of all
members of the Council shall be required to grant preliminary rezoning
approval. Provided, however, a rezoning from any residential zoning district
to any nonresidential zoning district shall require an affirmative vote of four-
fifths of all members of the Council. In granting preliminary rezoning
approval, the Council may make modifications to, and impose conditions on,
the proposed rezoning.
3. Final Rezoning Approval. Upon request of the Planner, Manager or
petitioner, after preliminary rezoning approval has been granted and after the
modifications and conditions made and imposed by the Council have been met
and fulfilled to the satisfaction of the Planner, the Council shall place the
petition on its agenda and shall consider final rezoning approval. An
affirmative vote of three-fifths of all members of the Council shall be required
to grant final rezoning approval. Provided, however, a rezoning from any
residential zoning district to any nonresidential zoning district shall require an
affirmative vote of four-fifths of all members of the Council. Final rezoning
approval shall include authorization to publish the amendment effecting the
zoning change. Approval may be made subject to modifications and conditions
which must be fulfilled and met, to the satisfaction of the Planner, before the
final approval becomes effective and before the amendment is published.
F. One Year Limitation on Preliminary Rezoning Approval. Any petition which
has not been granted final rezoning approval by the Council within one year after
the date it received preliminary approval, shall be deemed rejected by the Council
and the petition must again be filed, processed and approved pursuant to this
Section as if it were a new petition.
G. Restriction on Rezoning After Denial of Petition. After the Council has denied a
petition for rezoning, the owner of the tract to which the petition related may not
file a new petition for a period of one year following the date of such denial for
transferring the same tract, or any part, to the same district or subdistrict (if the
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City of Edina Land Use, Platting and Zoning 850.04
I
district has been divided into subdistricts) to which such transfer was previously
denied. Provided, however, that such petition may be filed if so directed by the
Council on a three-fifths favorable vote of all members of the Council after
presentation to the Council of evidence of a change of facts or circumstances
affecting the tract.
H. Lapse of Rezoning by Non-User. If a building permit (if one is required) has not
been obtained, and if the erection or alteration of a building, as described in the
petition, has not begun, within two years after final rezoning approval of the tract
by the Council, then the Commission, at any time and until the building permit is
obtained and the erection or alteration begun, may review the zoning classification
of the tract to determine if it continues to conform with the Comprehensive Plan.
Based upon the review, the Commission may recommend to the Council that the
final rezoning approval of the tract as previously granted be rescinded and become
null and void, or that the tract be transferred to a different zoning district. The
recommendation of the Commission shall be presented to the Council for hearing
and decision, and notice shall be given in the same manner as is then required for an
original petition for rezoning as provided by this Section. The Council may accept
or reject the recommendation of the Commission and rescind the previously granted
final rezoning approval, transfer the tract to a different zoning district, or reaffirm
the final rezoning approval previously granted.
Subd. 3 Transfer to Planned Districts.
A. Improved Lots. Any lot transferred by this Section to a planned district,
including, without limitation, the Planned Residential District, Planned Office
District, Planned Commercial District, Planned Industrial District, Mixed
Development District or Regional Medical District, which, on March 7, 1984, was
improved with a building or buildings, shall not be required to comply with the
provisions of Subsection 850.04 relative to a transfer of that lot to the planned
district; provided that:
1. No new buildings shall be constructed on the lot which result in an
increase in gross floor area of all buildings on the lot by more than ten
percent;
2. No building existing on the lot as of March 7, 1984, shall be added to or
enlarged in gross floor area by more than ten percent;
3. No dwelling units shall be added; and
4. No such existing building, if damaged or destroyed by fire, wind,
earthquake, explosion or other casualty, shall be restored or repaired if the
cost of restoration or repair exceeds one-half of the fair market value of the
entire building on the date immediately prior to the date of such casualty (as
such cost and fair market value are determined by the Assessor, or other
person selected by the Manager); unless, in each case of 1., 2., 3., and 4.
above, the then owner or owners of the lot shall comply with and complete the
process for Final Development Plan approval established by Subparagraphs 4
through 10 of paragraph C. of Subd. 2 of this Subsection 850.04 and shall
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City of Edina Land Use, Platting and Zoning 850.04
conform to and comply with all other provisions of this Section; provided that
only three-fifths favorable vote of the Council shall be required to grant Final
Development Plan approval. The requirements of this paragraph are in
addition to those in Subd. 20 of Subsection 850.07 relating to non-conforming
uses, buildings and lots. The installation of a sign as required by Paragraph B
of Subd. 2 of this Subsection shall be required prior to consideration of a Final
Development Plan by the Commission
B. Unimproved Lots. Any lot transferred by this Section to a planned district,
including, without limitation, the Planned Residential District, Planned Office
District, Planned Commercial District, Planned Industrial District, Mixed
Development District or Regional Medical District, which, on March 7, 1984, was
not improved with a building or buildings shall be required, notwithstanding the
transfer to such district by this Section, in connection with any improvement of the
lot, to comply with and complete the process for Final Development Plan approval
established by subparagraphs 4 through 10 of paragraph C. of Subd. 2 of this
Subsection 850.04, and shall conform to and comply with all other provisions of
this Section, provided that only three-fifths favorable vote of the Council shall be
required to grant Final Development Plan approval. The installation of a sign as
required by Paragraph B of Subd. 2 of this Subsection shall be required prior to
consideration of a Final Development Plan by the Commission
Subd. 4 Conditional Use Permits.
A. Initiation of Conditional Use Permit.
An application for a conditional use permit may be initiated by the owner or
owners of the lot or building in question.
1. The application shall be on forms provided by the Planner and shall be
submitted with required plans, data and information, and such other
information as, in the opinion of the Planner, is necessary for evaluation of the
application. The application shall be accompanied by the fee set forth in
Section 185 of this Code.
B. Sign. All provisions and requirements in this Subsection relating to erection of a
sign in connection with a rezoning of property shall apply to the applicant for a
conditional use permit, and the applicant shall comply with all such provisions and
requirements, except that the sign shall state that a conditional use permit is
proposed for the property instead of rezoning.
C. Application Data.
1. If the conditional use permit is requested to allow a principal or accessory
use that requires the construction of a new building or accessory use facilities,
or additions or enlargements to an existing building or accessory use facilities,
the application shall be drawn to a scale acceptable to the Planner, and be
accompanied by plans containing the following data and information:
a. elevation drawings of all new buildings or accessory use facilities,
or additions and enlargements to existing buildings or accessory use
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City of Edina Land Use, Platting and Zoning 850.04
facilities, including a description of existing and proposed exterior
building materials;
b. the location, dimensions and other pertinent information as to all
proposed and existing buildings, structures and other improvements,
streets, alleys, driveways, parking areas, loading areas and sidewalks;
c. a landscape plan and schedule in accordance with Subsection
850.10;
d. a floor plan showing the location, arrangement and floor area of
existing and proposed uses; and
e. any other information required, in the opinion of the Planner, to
evaluate the application, to determine consistency with the
Comprehensive Plan, and to ensure compliance with the requirements
contained in this Section and other applicable provisions of this Code.
2. If the conditional use permit is requested to allow a principal or accessory
use that does not require construction of a new building or accessory use
facilities, or additions or enlargements to an existing building or accessory use
facilities, the application shall be accompanied by plans showing:
a. the location, arrangement and floor area of existing and proposed
uses;
b. the location, dimensions and other pertinent information as to all
buildings, structures, streets, alleys, driveways, parking areas, loading
areas, sidewalks and landscaping; and
c. any other information required, in the opinion of the Planner, to
evaluate the application, determine consistency, with the
Comprehensive Plan, and ensure compliance with the requirements
contained in this Section and other applicable provisions of this Code.
D. Commission Review and Hearing. Within 45 days after receipt by the Planner of
the application, fee and all other required information, in form and substance
acceptable to the Planner, the Planner will review the application and the other
information provided by the petitioner, and forward a report to the Commission.
The Commission shall conduct a public hearing regarding the application. A notice
of the date, time, place and purpose of the hearing shall be published in the official
newspaper of the City at least ten days prior to the date of the hearing. A similar
notice of hearing shall be mailed at least ten days before the date of the hearing to
each owner of property situated wholly or partly within 1,000 feet of the tract to
which the petition relates insofar as the names and addresses of such owners can
reasonably be determined by the Clerk from records maintained by the Assessor or
from other appropriate records. After reviewing the report of the Planner and
hearing the oral or written views of all interested persons, the Commission shall.
make its decision at the same meeting or at a specified future date and send its
recommendation to the Council. No new notice need be given for hearings, which
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I
City of Edina Land Use, Platting and Zoning 850.04
are continued by the Commission to a specified future date.
E. City Council Hearing and Decision. Upon request of the Planner, Manager or
applicant, and after review and recommendation by the Commission, the Council
shall conduct a public hearing regarding the application. The hearing shall be held
not later than 60 days after the date of the recommendation by the Commission. A
notice of the date, time, place and purpose of the hearing shall be published in the
official newspaper of the City at least ten days prior to the date of the hearing. A
similar notice of hearing shall be mailed at least ten days before the date of the
hearing to each owner of property situated wholly or partly within 1,000 feet of the
tract to which the application relates insofar as the names and addresses of such
owners can reasonably be determined by the Clerk from records maintained by the
Assessor. After hearing the oral and written views of all interested persons, the
Council shall make its decision at the same meeting or at a specified future date. No
new notice need be given for hearings which are continued to a specified future
date. The Council shall not grant a conditional use permit unless it finds that the
establishment, maintenance and operation of the use:
1. Will promote and enhance the general public welfare and will not be
detrimental to or endanger the public health, safety, morals and general
welfare;
2. Will not cause undue traffic hazards, congestion or parking shortages;
3. Will not be injurious to the use and enjoyment, or decrease the value, of
other property in the vicinity, and will not be a nuisance;
4. Will not impede the normal and orderly development and improvement of
other property in the vicinity;
5. Will not create an excessive burden on parks, streets and other public
facilities;
6. Conforms to the applicable restrictions and special conditions of the district
in which it is located as imposed by this Section; and
7. Is consistent with the Comprehensive Plan.
Approval of a conditional use permit requires a three-fifths favorable vote of all
members of the Council. A favorable vote by the Council shall be deemed to
include a favorable finding on each of the foregoing matters even if not specifically
set out in the approval resolution or the minutes of the Council meeting.
F. Conditions and Restrictions. The Commission may recommend that the Council
impose, and the Council with or without such recommendation may impose,
conditions and restrictions upon the establishment, location, construction,
maintenance, operation or duration of the use as deemed necessary for the
protection of the public interest and adjacent properties, to ensure compliance with
the requirements of this Section and other applicable provisions of this Code, and to
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City of Edina Land Use, Platting and Zoning 850.04
ensure consistency with the Comprehensive Plan. The Council may require such
evidence and guarantees as it may deem necessary to secure compliance with any
conditions imposed. No use shall be established or maintained, and no building or
other permit for establishing or maintaining such use shall be granted, until the
applicant has met and fulfilled all conditions imposed by the Council to the
satisfaction of the Planner.
G. Expansions of Conditional Uses. No use allowed by conditional use permit, or
any building or structure accessory thereto, shall be increased in gross floor area or
height, nor shall any off-street parking facilities accessory to the building or
structure be enlarged in surface area to accommodate additional automobiles,
without first obtaining, in each instance, a conditional use permit.
H. Restriction on Resubmission After Denial. No application for a conditional use
permit which has been denied by the Council shall be resubmitted for a period of
one year following the date of the denial by the Council. Provided, however, that
the application may be resubmitted if so directed by the Council on a three-fifths
favorable vote of all members of the Council after presentation to the Council of
evidence of a change of facts or circumstances affecting the proposed use or tract on
which it is to be located.
I. Lapse of Conditional Use Permit by Non-User, Extension of Time.
1. If no use allowed by the conditional use permit has begun within two years
from the granting of the conditional use permit, the conditional use permit
shall become null and void unless a petition for extension of time has been
granted.
2. A petition for extension shall be in writing and filed with the Clerk within
two years from the granting of the conditional use permit. The petition for
extension shall state facts showing a good faith attempt to use the conditional
use permit and shall state the additional time requested to begin the use. The
petition shall be presented to the Council for hearing and decision in the same
manner as then required for an original application. The Council may grant an
extension of the conditional use permit for up to one year upon finding that:
a. a good faith attempt to use the conditional use permit has been
made,
b. there is a reasonable expectation that the conditional use permit
will be used during the extension, and
c. the facts which were the basis for the findings under which the
original conditional use permit was granted have not materially
changed. No more than one extension shall be granted. For purposes
of this paragraph, a use shall be deemed begun when all work
described in the original application, or information provided, has
been completed and has received final City approvals and the use is
operating for the purposes described in the original application.
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City of Edina Land Use, Platting and Zoning 850.04
J. Filing of Conditional Use Permit. If a conditional use permit is granted, the
applicant, at the applicant's expense, shall duly file or record the permit in the
proper office to give constructive notice of it. A verified copy of the permit, with
the recording data on it, shall be delivered to the Planner. The Council may require
that the permit be so recorded or filed, and the verified copy delivered to the
Planner, before the permit shall become effective.
Subd. 5 Temporary Conditional Use Permits.
A. Purpose. The purpose of temporary conditional use permits is to allow disabled
residents of dwelling units to conduct and operate permitted customary home
occupations in their residence by means of such variances from the conditions
otherwise imposed by this Section on such occupation as the Council deems
necessary and appropriate to allow such persons to properly conduct and operate
such occupation from their residence. The Council hereby finds and determines that
it is in the best interests of the City and its citizens to provide a process and means
by which disabled persons can carry on home occupations from their residence and
thereby become or remain productive and gainfully employed, and that the granting
of conditional use permits pursuant to this Subdivision will promote the public
health, safety, morals and general welfare of the City, and its citizens. However,
disabled residents who do not need variances from conditions imposed by this
Section on customary home occupations need not, and are not required to, obtain a
conditional use permit pursuant to this Subdivision.
B. Conditional Use Provisions Apply. All the provisions of paragraphs D. and H.
of Subd. 4 of this Subsection 850.04 relative to the issuance of conditional use
permits shall apply to temporary conditional use permits issued pursuant to this
Subdivision, except as specifically changed by this Subdivision.
C. Application and Notice.
1. An application for a temporary conditional use permit may be initiated by
the occupant of the residence from which the home occupation is to be
conducted, whether such occupant is an owner or a lessee of the residence.
The application shall be accompanied by the fee set forth in Section 185 of this
Code.
2. The application for a temporary conditional use permit shall also be
accompanied by the following additional information:
a. a letter (which shall be dated not earlier than 30 days prior to the
date of the application) from the applicant's attending physician (who
shall be duly licensed to practice medicine in Minnesota) certifying
that the applicant is physically unable to be employed full-time outside
of the applicant's residence;
b. the specific home occupation proposed by the applicant, including
the expected number of weekly automobile trips to the dwelling unit
by individuals other than the residents of the home expected to be
generated by the home occupation, the number of hours per day and
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City of Edina Land Use, Platting and Zoning 850.04
the number of days per week the home occupation will operate;
c. any proposed interior or exterior alterations to the dwelling unit
necessary due to the proposed home occupation; and
d. any other information required, in the opinion of the Planner, to
evaluate the application, to determine consistency with the
Comprehensive Plan, and ensure compliance with the requirements
contained in this Section and other applicable provisions of this Code.
3. The erection of a sign shall not be required in connection with the
application for a temporary conditional use permit.
4. Notice of hearing before the Council shall be published and mailed as
provided in paragraph E. of Subd. 4 of this Subsection 850.04 except that
mailed notice shall be given only to owners of property situated wholly or
partly within 350 feet of the property to which the application relates.
D. Conditions and Findings.
1. In order to grant a temporary conditional use permit, the Council must
make the same findings as set forth in paragraph E. of Subd.4 of this
Subsection 850.04.
2. In order to grant a temporary conditional use permit, the Council must also
find that the proposed home occupation complies with the conditions of
paragraph A. of Subd. 4 of Subsection 850.07, provided, however, that:
a. the Council may grant a variance of any condition in paragraph A.
of Subd. 4 of Subsection 850.07, if deemed necessary by the Council
to permit the applicant to properly operate and conduct the proposed
home occupation and if the Council finds that such use will not negate
or violate any of the findings to be made pursuant to paragraph E. of
Subd. 4 of this Subsection 850.04; and
b. the maximum number of automobile trips to the dwelling unit of
the applicant by individuals other than its residents generated as a
result of such home occupation may be increased by the Council from
ten per week to a maximum of twenty per week in connection with the
granting of the permit.
3. Any permit granted pursuant to this Subdivision 850.04 shall remain in
effect, if not earlier terminated under other provisions of this Section, only so
long as the following conditions are observed and complied with:
a. that the applicant occupy the dwelling unit described in the permit,
and then only so long as such applicant is physically unable to be
employed full time outside of the applicant's residence;
b. that the findings made by the Council as set forth in paragraph E.
of Subd. 4 of this Subsection 850.04 continue without change or
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City of Edina Land Use, Platting and Zoning 850.04
violation; and
c. that the conditions of paragraph A. of Subd. 4 of Subsection
850.07, as varied by variances granted by the Council, are not
violated.
E. Duration and Review of Permits.
1. Each permit issued pursuant to this Subdivision shall remain in effect only
so long as the conditions set out in subparagraph 3. of paragraph D. of this
Subd. 5 are observed and not violated.
2. The Council shall review each permit issued pursuant to this Subd. 5 on
the first anniversary of the effective date of the permit and on each second
anniversary (i.e., every other year) of the effective date of the permit to
determine if any of the conditions are not being observed, or are being
violated. Such review shall be made at a public hearing, notice of which shall
be published and mailed in the same manner as notice would then be given
under this Section for a then new conditional use permit. All persons may be
heard, and the Council shall receive such evidence and information as it deems
necessary or desirable, orally and in writing, at the hearing and continuations
of the hearing. If, at the hearing, or a continuation thereof, the Council
concludes, by resolution, that one or more of the conditions set out in
Subparagraph 3. of paragraph D. of this Subdivision are not being observed or
are being violated, then the Council may direct the Manager to institute
proceedings to revoke the permit as provided in Subd. 9 of this Subsection
850.04. The foregoing provisions shall not prevent the City from exercising
any remedies for violations of any conditions applicable to any conditional use
permit whenever they occur.
F. All Districts. Customary home occupations conducted pursuant to temporary
conditional use permits issued under this Subd. 5 shall be allowed as a conditional
use in all districts in which dwelling units are allowed.
Subd. 6 Fees and Charges.
A. Petitions and Applications. Each petition or application filed with or submitted
to the City pursuant to this Section shall not be deemed filed or submitted, and the
City shall have no duty to process it, to act on it or respond to it, unless and until
there is paid to the City the applicable fee for such petition or application, as then
required by Section 185 of this Code. This paragraph shall not apply to petitions or
applications filed or submitted by the Council, the Commission or any City official
in its official capacity.
B. Administrative Expenses and Attorneys' Fees. Each petitioner and applicant, by
filing or submitting a petition or application, shall have agreed to pay all
administrative expenses and attorneys' fees, with interest and costs as provided,
incurred by the City in connection with or as a result of reviewing and acting on
such petition or application. If more than one person signs a petition or application,
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City of Edina Land Use, Platting and Zoning 850.04
all such signers shall be jointly and severally liable for such expenses and fees, with
interest and costs as provided. The expenses and fees to be paid to the City pursuant
to this paragraph shall be payable upon demand made by the City, and if not paid
within five days after such demand, shall bear interest from the date of demand until
paid at a rate equal to the lesser of the highest interest rate allowed by law or two
percentage points in excess of the reference rate. The petitioners and applicants
shall also pay all costs, including attorneys' fees, incurred by the City in collecting
the expenses, fees and interest, with interest on the costs of collection from the
dates incurred until paid, at the same interest rate as is payable on the expenses and
fees. For purposes of this paragraph, reference rate shall mean the rate publicly
announced from time to time by First Edina National Bank, or any successor, as its
reference rate, and if the bank, or its successor, ceases publicly announcing its
reference rate, reference rate shall mean the interest rate charged from time to time
by the bank on 90-day unsecured business loans to its most credit-worthy
customers.
Subd. 7 Mailed Notice. Whenever this Section requires or permits mailed notice to
property owners, the failure to give mailed notice, or defects in the notice, shall not
invalidate the proceedings, provided a good faith attempt to comply with the applicable
notice requirements was made. Any appropriate records may be used by the person
responsible for mailing the notice to determine names and addresses of owners.
Subd. 8 Evidence of Ownership. If, in connection with any petition or application, the
Planner requests evidence of ownership of the property to which the petition or application
relates, the petitioner or applicant shall obtain, at the petitioner's or applicant's expense,
and deliver to the Planner, a title opinion from an attorney acceptable to the Planner, or
other evidence of such ownership acceptable to the Planner, in each case addressed to the
City. Also, if so requested by the Planner, the petitioner or applicant shall obtain a written
consent to the petition or application by all owners of such property as shown by the title
opinion or other evidence of ownership and, if the request is made, the City shall have no
duty to process, or to act on or respond to, such petition or application until such consents
are delivered to the Planner.
Subd. 9 Violation, Penalty, Remedies.
A. Misdemeanor. Any owner or lessee of an entire building or property in or upon
which a violation has been committed or shall exist, or any owner or lessee of that
part of the building or property in or upon which a violation has been committed or
shall exist, shall be guilty of a misdemeanor and subject to the penalties and
remedies provided in Subsection 100.09 of this Code.
B. Civil Penalty. Any such person who, after being served with an order to remove
any such violation, shall fail to comply with the order within ten days after being
served, or shall continue to violate any provision of the regulations made under
authority of this Section in the respect named in such order, shall also be subject to
a civil penalty of not to exceed $500.
C. Violation of Conditions in Conditional Use Permits. If any person violates any
condition or restriction imposed by the Council in connection with the grant or
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2007-06
City of Edina Land Use, Platting and Zoning 850.06
issuance of a conditional use permit, the City, in addition to other remedies
available to it as provided in this Subdivision, may revoke the permit and all rights
attributable to such permit. Revocation shall be done in the following manner:
1. The Manager or Planner shall notify the owner and occupant of the
property to which such permit exists insofar as the names and addresses of
such owner and occupant can reasonably be determined by the Clerk from
records maintained by the Assessor, of the violation and request removal
within a stated period, but not less than five days.
2. If the violation is not removed within the stated period, the Manager or
Planner shall submit a report on the matter to the Council and request a
hearing.
3. The Council, upon receipt of the report, shall set a hearing date, and notice
shall be given to the owner and occupant at least ten days prior to the hearing.
4. After receiving the oral and written views of all interested persons, the
Council shall make its decision at the same meeting or at a specified future
date.
5. If the hearing is continued to a specified future date, no new notice need be
given. If such permit is revoked by the Council, all use, activity and rights
allowed by and attributable to such permit shall immediately cease.
850.05 Districts. For the purposes of this Section, the City shall be divided into the following
zoning districts:
Single Dwelling Unit District (R-1)
Double Dwelling Unit District (R-2)
Planned Residence District (PRD and PSR)
Mixed Development District (MDD)
Planned Office District (POD)
Planned Commercial District (PCD)
Planned Industrial District (PID)
Regional Medical District (RMD)
Automobile Parking District (APD)
Heritage Preservation Overlay District (HPD)
Floodplain Overlay District (FD)
850.06 District Boundaries. The boundaries of all such districts except the Floodplain Overlay
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City of Edina Land Use, Platting and Zoning 850.07
District, shall be as shown in the official Zoning Map entitled "Official Zoning Map", a
composite copy of, which reduced in size, is appended to this Code. The Official Zoning Map,
with all explanatory information, is adopted by reference and declared to be a part of this Code.
The boundaries shown on the Official Zoning Map may be changed by amendment to this Section.
The Official Zoning Map shall be on file in the office of the Planning Department and shall be
open to public inspection during normal business hours of the City. The boundaries of the
Floodplain Overlay District shall be as shown on the Official Floodplain Zoning Map described
and identified in Subsection 850.21, as such map is to be interpreted and used as provided in
Subsection 850.21.
850.07 General Requirements Applicable to all Districts Except as Otherwise Stated.
Subd. 1 General. No building or structure shall be erected, constructed or placed on
any property in the City, and no building or structure or property in the City shall be used
for any purpose, unless in full compliance with the restrictions and requirements of this
Section and other applicable provisions of this Code.
Subd. 2 Storage of Refuse.
A. All Properties Except Single Dwelling Unit and Double Dwelling Unit
Buildings. All refuse, as defined in Section 705 of this Code, or similar material
shall be kept within closed containers designed for such purpose. The containers
shall not be located in the front yard and shall be completely screened from view
from all lot lines and streets.
B. All Non-Residential Properties Within the 50th and France Commercial District.
No non-residential building within the 50th and France Planned Commercial
District shall be (i) added to or enlarged in any manner; or (ii) subjected to an
alteration whereby the use of any portion of a building is converted to a restaurant
without first providing sufficient areas for the storage of refuse and servicing of
refuse containers. Areas for the storage of refuse and servicing of refuse containers
which existed as of the effective date of this Code shall not be eliminated or reduced
in size.
C. Single Dwelling Unit and Double Dwelling Unit Buildings. All refuse, as
defined in Section 705 of this Code, or similar materials shall be kept within closed
containers designed for such purpose. Such containers shall not be located in the
front yard and shall not be visible from the front lot line except as allowed by
Section 705 of this Code.
Subd. 3 Dwelling Units Prohibited in Accessory Buildings, Temporary Buildings,
Trailers and Recreational Vehicles. No accessory building, temporary building, trailer
or recreational vehicle in any district shall be used in whole or in part for a dwelling unit
or units, except for accessory buildings which are specifically allowed for residential use
by this Section.
Subd. 4 Customary Home Occupations as an Accessory Use.
A. Customary home occupations which are permitted as an accessory use by this
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City of Edina Land Use, Platting and Zoning 850.07
Section shall comply with the following conditions:
1. Only the residents of the dwelling unit shall be employed on the lot or
within the dwelling unit.
2. No exterior structural modifications shall be made to change the residential
character and appearance of the lot or any buildings or structures on the lot.
3. No loading, unloading, outdoor storage of equipment or materials, or other
outdoor activities, except parking of automobiles shall occur.
4. No signs of any kind shall be used to identify the use.
5. All parking demands generated by the use shall be accommodated within
the accessory garage and the normal driveway area and shall not at any one
time occupy more than two parking spaces in parking areas required for
multiple residential buildings.
6. No more than ten automobile trips weekly by individuals other than the
residents of the dwelling unit shall be generated to the dwelling unit as a result
of the use.
7. No sale of products or merchandise shall occur on the lot or within any
structures or buildings on the lot.
B. Permitted customary home occupations include the following and similar
occupations if, and only during such times as, they comply with all of the conditions
of paragraph A. of this Subd. 4:
1. Dressmakers, tailors and seamstresses.
2. In single dwelling unit and double dwelling unit buildings only, music and
dance teachers providing instruction to not more than five individuals at a
time.
3. Artists, sculptors and authors.
4. Insurance agents, brokers, architects and similar professionals who
typically conduct client meetings outside of the dwelling unit.
5. Ministers, rabbis and priests.
6. Photographers providing service to one customer at a time.
7. Salespersons, provided that no stock in trade is maintained on the lot or in
the building or structure on the lot.
8. In single dwelling unit and double dwelling unit buildings only, rental of
rooms for residential occupancy to not more than two persons per dwelling
unit in addition to the permanent residents of the dwelling unit.
C. The following uses have a tendency to increase in size or intensity beyond the
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City of Edina Land Use, Platting and Zoning 850.07
conditions imposed by this Subd. 4 for home occupations and thereby adversely
affect residential properties. Therefore, the following shall specifically not be
permitted as customary home occupations:
1. Barber shops and beauty parlors.
2. Repair services of all kinds, including, without limitation, auto repair and
painting, appliance repair and small engine repair.
3. Music, dance or exercise instruction which provides instruction to groups
of more than five individuals at a time.
4. Medical and dental offices.
5. Upholstering.
6. Mortuaries.
7. Commercial kennels as defined by Subsection 300.01 of the City Code.
8. Tourist homes, boarding houses or rooming houses, and other kinds of
transient occupancies.
9. Commercial food preparation or catering.
10.Automobile and equipment sales.
11. Landscaping and lawn maintenance service where landscaping materials
and equipment are stored or parked on the premises.
D. Permitted customary home occupations by residents who are physically unable
to be employed full time outside their residence may be allowed as a temporary
conditional use, with variances from the conditions of paragraph A. of Subd. 4 of
this Subsection 850.07, pursuant to the provisions of Subd. 5 of Subsection 850.04.
Subd. 5 Fences in the R-1 and R-2 Districts. Fences erected in the R-1 District and
R-2 District shall conform to the following:
A. Fences exceeding four feet in height shall not be erected within a required front
street setback or side street setback, pursuant to the provisions of paragraph 2. of
Subd. 7 of Subsection 850.11.
B. No fence shall exceed six feet in height.
C. Fences shall be installed with the finished side facing neighboring properties.
D. No fence shall be installed so as to obstruct a required clear view at street
intersections as required by Section 1405 of this Code.
Subd. 6 Exceptions to Setback Requirements. The following shall not be considered
as encroachments into required setbacks:
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City of Edina Land Use, Platting and Zoning 850.07
A. Overhanging eaves not supported by posts or pillars, which do not project more
than three feet into the required setback and which are not within three feet of a lot
line.
B. Sidewalks and driveways, but not patios.
C. Fences which do not exceed the height limitations imposed by this Subsection
850.07.
D. Awnings and canopies attached to the principal building and not supported by
posts or pillars, which do not project more than three feet into the required setback
and which are not within three feet of a lot line.
E. Flagpoles, light poles and fixtures.
F. Clotheslines and outdoor fireplaces in the rear yard only.
G. Bus shelters which have been approved by the Engineer.
H. Unenclosed steps or stoops not exceeding 50 square feet in area.
I. Fireplaces projecting not more than two feet into the required setback and not
exceeding ten square feet in horizontal area.
J. Underground storage tanks, conduits and utilities.
K. Portions of principal and accessory buildings or structures which are located
completely underground, which are not visible from the surface of the ground and
which do not encroach more than one-half of the distance into that part of the
required setback nearest the principal or accessory building.
L. Trees, shrubs and other vegetation.
M. Retaining walls.
N. Freestanding basketball posts, backboards and goals adjacent to a driveway.
O. Unenclosed overhanging eaves or porches supported by posts or columns not
exceeding 80 square feet in area, that are not closer than 20 feet to a front property
line, 3 feet to a side property line or 10 feet to a side street.
Subd. 7 Drainage. Surface water runoff shall be properly channeled into storm sewers,
watercourses, ponding areas or other public facilities. All provisions for drainage,
including storm sewers, sheet drainage and swales, shall be reviewed and approved by the
Engineer prior to construction or installation.
Subd. 8 Architectural Control. A building permit for the construction of a new
non-residential principal building or a new residential principal building containing three
or more dwelling units shall not be issued unless the applicant's building plans, including
the site plan, are certified by an architect registered in the State. The certification shall
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City of Edina Land Use, Platting and Zoning 850.07
state that the design of the building and site has been prepared under the direct supervision
of the architect.
Subd. 9 Building Coverage Computations; Exclusions and Inclusions.
A. The following structures and improvements shall be excluded when computing
building coverage:
1. Driveways and sidewalks, but not patios.
2. Parking lots and parking ramps.
3. Accessory recreational facilities not enclosed by solid walls and not
covered by a roof, including outdoor swimming pools, tennis courts and
shuffleboard courts; but facilities which are constructed above grade, such as
paddle tennis courts, shall be included when computing building coverage.
4. Unenclosed and uncovered steps and stoops less than 50 square feet.
5. Overhanging eaves and roof projections not supported by posts or pillars.
B. Building coverage computations, however, shall include all other principal or
accessory buildings, including, but not limited to:
1. Decks and patios subject to allowances provided by this Section.
2. Gazebos.
3. Balconies.
4. Breezeways.
5. Porches.
6. Accessory recreational facilities constructed above grade, such as paddle
tennis courts.
Subd. 10 Lighting. All exterior lighting and illuminating devices shall be provided with
lenses, reflectors or shades so as to concentrate illumination on the property of the owner
or operator of the lighting or illuminating devices. Rays of light or illumination shall not
pass beyond the property lines of the premises utilizing the lights or illumination at an
intensity greater than three foot-candles measured at property lines abutting property zoned
residential and ten foot-candles measured at property lines abutting streets or property
zoned non-residential. No light source, lamp or luminaire shall be directed beyond the
boundaries of the lighted or illuminated premises.
Subd. 11 Frontage of Lots on a Street. All lots shall have at least 30 feet of frontage
on at least one street other than alleys or limited access roadways to which private access
is prohibited. Private easements shall not be considered as frontage for purposes of this
Subdivision. Notwithstanding the requirements of this subdivision, lots in a townhouse plat
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City of Edina Land Use, Platting and Zoning 850.07
need not front on a street provided that the townhouse plat of which the lot is a part has at
least 30 feet of frontage on at least one street.
Subd. 12 Certain Sales Prohibited.
1311
A. Except as provided in Section 1310 of this Code, the sale of goods or
merchandise from a motor vehicle, trailer, tent or other temporary or portable
building is prohibited in all districts.
B. No property used for residential purposes shall be used for garage sales, estate
sales or other sales of personal property for more than one period of 72 consecutive
hours in any calendar year. The property offered for sale shall consist only of items
owned by the resident or of the premises or by friends of such resident. None of the
items offered for sale shall have been purchased for resale or received on
consignment for purposes of resale.
Subd. 13 Platting Requirement. Any land proposed to be transferred from one zoning
district to another shall be platted into lots and blocks pursuant to and in accordance with
the requirements of Section 810 of this Code in connection with, and at the time of the
transfer. Any land which has been previously platted into lots and blocks shall be likewise
replatted to provide new lots and blocks which are compatible in size, shape, location and
arrangement with the property's intended use.
Subd. 14 Drive-Through Facility Standards.
A. Number of Stacking Spaces in Addition to the Vehicle(s) Being Served.
1. Financial institutions: 3 stacking spaces per bay
2. Car wash: 25 stacking spaces per bay
3. Accessory car wash: 2 stacking spaces per bay
4. All other uses: 4 stacking spaces per bay
B. Location of Stacking Space.
1. No stacking space shall encroach into any drive aisle necessary for the
circulation of vehicles.
2. All stacking spaces shall provide the same setbacks as are required by
this Section for parking spaces.
3. In the case of uses described in subparagraph 4. of paragraph A. of
Subd. 14 above, if the drive-through bay is equipped with a facility for
placing an order which is separated from the location at which the product
or merchandise is received by the customer, not less than three of the
required stacking spaces shall be provided at the ordering point.
C. Minimum Size of Stacking Space. The minimum size of each stacking space
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City of Edina Land Use, Platting and Zoning 850.07
shall be nine feet wide by 18 feet deep.
D. Accessory Canopies and Mechanical Equipment. All canopies and equipment
appurtenant to a drive-through facility shall provide the same setbacks as are
required for principal buildings.
E. Facilities Accessory to Restaurants. Drive-through facilities accessory to
restaurants shall be limited to two service bays.
Subd. 15 District Limits. For purposes of calculating the minimum site area, floor
area ratio, building coverage, setbacks and all other requirements of this Section, a district
or subdistrict shall be deemed not to extend beyond the right-of-way lines of adjacent
streets, alleys or highways which were dedicated, conveyed or acquired prior to the
transfer of land to that district or subdistrict. Districts which are separated by public
streets or highways shall be deemed to be separate and independent districts and all
requirements and restrictions contained in this Section must be met separately and
independently by each district.
Subd. 16 Temporary Buildings.
A. Improved Single Dwelling Unit and Double Dwelling Unit Lots. No temporary
or portable building or structure, including, without limitation, any shed, tent or
shelter, which is not permanently attached to the ground shall be placed or stored
within the required front street or side street setback for the principal building and
shall maintain an interior side yard and rear yard setback of not less than five feet.
B. All Other Lots Including Unimproved Single Dwelling Unit and Vacant Double
Dwelling Unit Lots. No temporary or portable building or structure, including,
without limitation, any shed, tent or shelter, which is not permanently attached to
the ground shall be placed or stored upon a lot except as accessory to, and during
the construction of, permanent buildings or structures.
Subd. 17 Outdoor Storage. All materials, supplies, finished or semi-finished products,
motor vehicles, trailers and all equipment shall be stored within a completely enclosed
building except:
A. Materials and equipment used for the construction or repair of structures may
be stored outdoors on the construction site during construction.
B. Motor vehicles, recreational vehicles and other vehicles may be parked or stored
outdoors in accordance with the Section 1046 of this Code.
C. Outdoor storage or displays may take place on lots in the Planned Commercial
District in accordance with Subd. 11 of Subsection 850.16.
Subd. 18 Setbacks from Naturally Occurring Lakes, Ponds and Streams.
Notwithstanding any other requirements of this Section or other provisions of this Code, in
cases where a portion of a lot or tract is located below the ordinary high water elevation of
a naturally occurring lake, pond or stream, the shoreline created by such an ordinary high
850-46 Supplement 2007-06
City of Edina Land Use, Platting and Zoning 850.07
water elevation shall be deemed to be the rear lot line or side lot line, as the case may be,
for setback purposes. All principal and accessory structures shall maintain a minimum
setback of 50 feet from the ordinary high water elevation, except that all principal and
accessory structures shall maintain a minimum setback of 75 feet from the ordinary high
water elevation of Indianhead Lake, Arrowhead Lake, Mirror Lake and Lake Cornelia.
Subd. 19 Energy Collection System Setbacks. Facilities and equipment designed for
the collection of solar energy or wind energy shall maintain the same setbacks as are
required for principal buildings or structures and shall not be located within the front yard.
Subd. 20 Non-Conforming Uses, Buildings and Lots.
A. Non-Conforming Uses. Any non-conforming use may continue, provided that:
1. It shall not be expanded to occupy a larger portion of a building or lot,
or be extended to other buildings or lots;
2. It shall not be replaced with any other non-conforming use;
3. It shall not be resumed if it is discontinued for one year or longer; and
4. If it is ever discontinued and replaced with a conforming use, no
non-conforming use thereafter shall be made of the building or lot.
B. Non-Conforming Buildings.
1. Alterations, Additions and Enlargements.
a. a non-conforming building, other than a single dwelling unit
building, shall not be added to or enlarged, in any manner, or
subjected to an alteration involving 50 percent or more of the gross
floor area of the building, or 50 percent or more of the exterior wall
area of the building, unless such non-conforming building, including
all additions, alterations and enlargements, shall conform to all of
the restrictions of the district in which it is located. The percentage
of the gross floor area or exterior wall area subjected to an alteration
shall be the aggregate percentage for any consecutive three-year
period.
b. a non-conforming single dwelling unit building shall not be
added to or enlarged in any manner, or subjected to an alteration to
convert accessory buildings or portions thereof into living area,
unless all such additions, enlargements and alterations shall conform
to the setback and height restrictions of the district in which it is
located, and unless such non-conforming single dwelling unit
building, including all such additions, enlargements and alterations
shall conform to the building coverage restriction of the district in
which it is located.
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City of Edina Land Use, Platting and Zoning 850.07
2. Repairs, Maintenance and Remodeling. Non-conforming buildings may
be repaired, maintained and internally remodeled to an extent and in a
manner which does not violate the provisions of the preceding subparagraph
1.
3. Restoration. A non-conforming building, or a building all or
substantially all of which is used for a non-conforming use, which is
destroyed or damaged by fire, wind, earthquake, explosion or other
casualty, to the extent that the cost of restoration exceeds one-half of the
fair market value of the entire building on the date immediately prior to the
date of the casualty, shall not be restored unless the building, and the use,
shall conform to all of the restrictions of the district in which it is located. If
the cost of restoration is less than one-half of the fair market value of the
entire building on the date immediately prior to the date of the casualty,
then the building may be restored without so conforming; but if such
restoration is not begun within two years from the date of the casualty or is
not diligently prosecuted to completion, then the building shall not be
restored unless the building, and the use, conforms to all of the restrictions
of the district in which it is located. The Assessor, or other person selected
by the Manager, shall determine such cost of restoration and such fair
market value.
C. Non-Conforming Lots. A non-conforming lot in the R-1 District used or
intended for a single dwelling unit building shall be exempt from the width, depth,
area and lot width to perimeter ratio requirements of this Section, provided, that
the lot:
1. Is not less than 50 feet in width;
2. Is not less than 100 feet in depth;
3. Has at least 30 feet frontage on a street; and
4. Has not been at any time since October 22, 1951, been held in common
ownership with all or part of an adjoining or abutting lot or parcel which,
together, complied with the minimum width, depth and area and lot width
to perimeter ratio requirements imposed by this Section. If such lot and
adjoining or abutting lot or parcel has been held in such common
ownership, then the property so held in common ownership shall be subject
to the following:
a. if a non-conforming lot or parcel is, or at any time since October
22, 1951, has been, held in common ownership with all or part of an
adjoining or abutting parcel or lot which together comply with, or
come close to complying with, the minimum width, depth, area, and
lot width to perimeter ratio, requirements of this Section, then such
non-conforming lot or parcel and such adjoining or abutting parcel
or lot shall be considered as one lot and shall not be decreased in
size below such minimum requirements. If in a group of two or
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City of Edina Land Use, Platting and Zoning 850.07
more adjoining or abutting lots or parcels owned or controlled by
the same person, any single lot or parcel does not meet the full
minimum depth, width, area or lot width to perimeter ratio
requirements of this Section, such single lot or parcel shall not be
considered as a separate lot or parcel able to be conveyed and
developed under this Code.
Subd. 21 Relocation of Buildings and Structures. No building or structure shall be
moved, in whole or in part, into or within the City, unless every portion of such building
and structure, and its use, conforms to all of the restrictions of the district in which it is to
be located. The moving or relocation of a building or structure shall be undertaken and
done only in accordance with applicable provisions of Section 410 of this Code and State
Law.
Subd. 22 Signs. Signs erected in accordance with Section 460 of this Code shall be a
permitted accessory use in all districts.
Subd. 23 Utility Buildings and Structures.
A. Utility Buildings and Structures Owned by the City. Utility buildings and
structures owned by the City and used for rendering service to all or any part of the
City (but excluding warehouses, maintenance buildings and storage yards) shall be
a permitted principal or accessory use in all districts.
B. Other Utility Buildings and Structures. Utility buildings and structures owned
by private utility companies or governmental units other than the City, and used for
rendering service to all or any part of the City (but excluding warehouses,
maintenance buildings and storage yards) shall be a conditional use in all districts
and shall only be constructed pursuant to a conditional use permit granted in
accordance with Subd. 4 of Subsection 850.04.
Subd 24 Sidewalks, Trails, Bicycle Facilities. In order to promote and provide safe and
effective sidewalks and trails in the City and encourage the use of bicycles for recreation
and transportation, the following improvements are required, as a condition of approval,
on developments requiring the approval of a Final Development Plan or the issuance of a
conditional use permit pursuant to Subsection 850.04. The expense of such improvements
shall be borne by the applicant.
A. It is the policy of the City to require the construction of sidewalks and trails
wherever feasible so as to encourage pedestrian and bicycle connectivity
throughout the City. Therefore, developments shall provide sidewalks and trails
which adjoin the applicant's property i) in locations shown on the City's sidewalk
and trail plan and ii) in other locations where the Council finds that the provision
of such sidewalks and trails enhance public access to mass transit facilities or
connections to other existing or planned sidewalks, trails or public facilities.
B. Developments shall provide sidewalks between building entrances and sidewalks or
trails which exist or which will be constructed pursuant to this Subd.
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City of Edina Land Use, Platting and Zoning 850.08
C. Developments shall provide direct sidewalk and trail connections with adjoining
properties where appropriate.
D. Developments must provide direct sidewalk and trail connections to transit stations
or transit stops adjoining the property.
E. Design standards for sidewalks and trails shall be prescribed by the Engineer.
F. Non-residential developments having an off-street automobile parking requirement
of 20 or more spaces must provide off-street bicycle parking spaces where bicycles
may be parked and secured from theft by their owners. The minimum number of
bicycle parking spaces required shall be five percent of the automobile parking
space requirement. The design and placement of bicycle parking spaces and bicycle
racks used to secure bicycles shall be subject to the approval of the Engineer.
Whenever possible, bicycle parking spaces shall be located within 50 feet of a
public entrance to a principal building.
850.08 Parking and Circulation.
Subd. 1 Minimum Number of Spaces Required.
A. Single Dwelling Units, Double Dwelling Units and Residential Townhouses.
Two fully enclosed spaces per dwelling unit.
B. Apartment Buildings in the PRD District.
1. 1.25 fully enclosed spaces and 0.75 exposed spaces per dwelling unit.
2. The required number of exposed spaces may be reduced to not less than
0.5 spaces per dwelling unit if the number of enclosed spaces is increased
by a like amount so that the total number of exposed and enclosed spaces
equals not less than two per dwelling unit.
C. Senior Citizen Dwelling Unit Buildings in the PSR-4 and PSR-5 Subdistricts.
1. 0.5 exposed spaces and 0.25 enclosed spaces per senior citizen dwelling
unit.
2. In addition to subparagraph 1, the following spaces are required:
a. one completely enclosed and one exposed space for each
non-senior citizen dwelling unit located in a building in the Planned
Senior Residence District;
b. one completely enclosed space per vehicle owned by the
building's management and stored on the property; and
c. one exposed space for each employee who is not a resident of the
building.
D. Nursing, Convalescent and Rest Homes. One space for every four patients or
850-50 Supplement 2007-06
City of Edina Land Use, Platting and Zoning 850.08
residents based on the maximum capacity of the building, plus one space per
employee on the major shift, plus one space per vehicle owned by the building's
management.
E. Day Care, Nurseries and Preschools (Principal Use). One space per teacher or
employee, plus one space per 20 individuals (or major fraction) receiving care.
F. Public or Private Senior High Schools and Seminaries. One space per
classroom plus one space per ten students, or spaces equal in number to one-third
the maximum seating capacity of the largest place of assembly, whichever is
greater.
G. Public or Private Elementary or Junior High Schools. Two spaces per
classroom, or spaces equal in number to one-third the maximum seating capacity of
the largest place of assembly, whichever is greater.
H. Community Centers. Spaces equal in number to one-third the maximum seating
capacity of the largest place of assembly, or one space for each 200 square feet of
gross floor area, whichever is greater.
I. Churches and Other Religious Institutions. Spaces equal in number to one-third
the maximum seating capacity of the largest place of assembly, plus spaces for
other church facilities which are used concurrently with the largest place of
assembly, the number of which shall be determined by the Council in connection
with the granting of a conditional use permit.
J. Theaters (Except Within Shopping Centers), Stadiums, Auditoriums, Arenas,
Lodge Halls, Mortuaries and Club Houses. Spaces equal in number to one-third the
maximum seating capacity, plus one space for each employee on the major shift.
K. Governmental Administration, Public Service, Post Office. The greater of:
1. One space per employee on the major shift, plus one space per
government-owned vehicle, plus ten visitor spaces; or
2. One space for each 200 square feet of gross floor area.
L. Libraries, Art Galleries. Ten spaces, plus one space for each 300 square feet of
gross floor area.
M. Medical or Dental Offices, Clinics and Animal Hospitals. One space for each
200 square feet of gross floor area, plus one space per physician, dentist or
veterinarian.
N. Hospitals. One space per bed, plus one space per employee or volunteer on the
major shift.
O. Athletic, Health, and Weight Reduction Facilities.
1. Six spaces per court for handball, racquetball and tennis courts.
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City of Edina Land Use, Platting and Zoning 850.08
2. One space per 200 square feet of gross floor area for all other uses.
P. Restaurants (Except Within Shopping Centers). Spaces equal in number to
one-third the maximum seating capacity, plus one space for each employee on the
major shift.
Q. Car Washes. One space per employee on the major shift, plus five spaces for
each wash lane, plus stacking spaces in accordance with Subd. 14 of Subsection
850.07.
R. Accessory Car Washes. Two parking spaces, plus stacking spaces in
accordance with Subd. 14 of Subsection 850.07.
S. Gas Stations. One space per employee on the major shift, plus one space for
each 100 square feet of accessory retail uses in excess of 500 square feet exclusive
of restrooms, storage areas and mechanical equipment.
T. Automobile Service Centers. Three parking spaces per service bay, plus one
space per employee on the major shift, plus one space for each 100 square feet of
accessory retail uses in excess of 500 square feet exclusive of restrooms, storage
areas and mechanical equipment.
U. Bowling Alleys. Five spaces per lane.
V. Offices, Medical and Dental Laboratories, Business or Professional Offices,
Financial Institutions, Employment Agencies and Travel Bureaus.
Gross Floor Area (GFA) Number of Spaces
0 - 20,000 sq. ft. GFA/200
20,001 - 220,000 sq. ft. GFA/{(0.00025*GFA)+195]
Over 220,000 sq. ft. GFA/250
W. Mixed Development District.
1. Residential: one enclosed space, plus 0.75 exposed space, per dwelling
unit.
2. Non-Residential (excluding publicly owned facilities and uses accessory
to residential uses):
Gross Floor Area (GFA) Number of Spaces
0 - 20,000 sq. ft. GFA/200
20,001 - 220,000 sq. ft. GFA/{(0.0005*GFA)+19(
Over 220,000 sq. ft. GFA/300
850-52 Supplement 2007-06
City of Edina Land Use, Platting and Zoning 850.08
X. Multi-Tenant Industrial Buildings. One space for each 400 square feet of gross
floor area, or the sum of the component gross floor areas as follows, whichever is
greater:
1. One space for each 200 square feet of office space.
2. One space for each 2,000 square feet of warehouse space.
3. One space for each 300 square feet of manufacturing, processing,
packaging, treatment and assembly space.
4. One space for each 500 square feet of space containing machines and
equipment for conducting scientific research, testing or experimentation.
5. One space for each 200 square feet of facilities for athletic, health and
weight reduction purposes; six spaces per court for handball, racquetball or
tennis.
Y. Automobile and Boat Sales - New or Used. One space per 250 square feet of
gross floor area, including show rooms, sales space and offices, but excluding
service areas, plus three spaces for each service bay. Required parking spaces shall
not be used for the storage or display of vehicles, boats or other products.
Z. Furniture and Major Appliance Sales.
1. Over 2,500 square feet of gross floor area: one space per 400 square
feet of gross floor area.
2. Under 2,500 square feet of gross floor area: one space per 200 square
feet of gross floor area.
AA.Hotels and Motels. One space per guest unit, plus one space for each employee
on the major shift.
BB.Uses Allowed in the Planned Commercial Districts Except Uses For Which a
Parking Quantity is Otherwise Specified.
1. Shopping Centers. One space per 200 square feet of gross floor area
(including theaters and restaurants), plus one additional space for each ten
seats in a restaurant, theater or other place of assembly. Atrium areas and
mall areas not used for retail sales purposes shall be excluded from gross
floor area calculations.
2. Other Retail. Eight spaces for the first 1,000 square feet, plus six spaces
for each 1,000 square feet of gross floor area in excess of the original
1,000, but not exceeding 15,000 square feet, plus five spaces for each 1,000
square feet in excess of 15,000 square feet.
3. Multi-Residential Uses. One fully-enclosed parking space for each
dwelling unit, except that dwelling units with a floor area in excess of 1,500
850-53 Supplement 2007-06
City of Edina Land Use, Platting and Zoning 850.08
square feet must provide 1.50 fully-enclosed parking spaces per dwelling
unit. Such parking spaces must be designed for the exclusive use of
residents of the dwelling units and their guests. The Council may require
the provision of exposed parking spaces in addition to the required enclosed
spaces as a condition to the issuance of a conditional use permit.
For the purpose of determining parking requirements in places of assembly where persons
occupy benches, pews and similar seating facilities, each 22 inches of the seating facilities
shall be counted as one seat.
Subd. 2 Use of Public Parking to Meet Off-Street Parking Requirements.
A. Any principal use on property located within a redevelopment project approved
by the Council pursuant to M.S. 462, or M.S. 469.001 to 469.047 which principal
use was in existence on the date the project was approved, and which project
provides for public parking to serve the project area, may be reconstructed, or a
new principal use constructed, on the same property without providing off-street
parking additional to that provided for public parking. Provided, that the
reconstructed or new principal use does not contain more gross floor area than the
prior principal use, and is for uses which do not increase the number of required
off-street parking spaces beyond those required for the uses in the prior principal
use.
B. If any increase in the size, or changes in the uses, of such an existing principal
use is made beyond the size or for other than the uses above allowed, then
additional off-street parking spaces shall be provided, pursuant to this Section, but
only for the additional spaces resulting from the increase in size or changes in uses.
Subd. 3 Location.
A. Non-Residential Principal Uses. The required number of off-street parking
spaces shall be located on the same lot as the principal use or on an adjacent lot
under the control of the owner of the principal use. For purposes hereof, "control"
may be derived from ownership, or by a lease or easement continuing for a period
of not less than 25 years. The required parking spaces shall not be separated from
the principal use building by a street. Seventy-five percent of all required spaces
shall be located within 500 feet of the entrances to the principal use building and
100 percent shall be within 1,000 feet.
B. Residential Principal Uses. The required number of off-street parking spaces
shall be located on the same lot as is occupied by the principal use. The required
parking spaces shall not be separated from the principal use building by a street.
Subd. 4 Setbacks (Not Applicable to Single Dwelling Unit Buildings and Double
Dwelling Unit Buildings). No exposed parking spaces, required stacking spaces or drive
aisles (except that portion of the driveway crossing the public right of way to give access
to the street) shall be located within twenty feet of a public street right-of-way or within
ten feet of an interior side lot line or a rear lot line. Interior side yard and rear yard
setbacks shall be measured from the boundary of the tract. No parking space or drive aisle
850-54 Supplement 2007-06
City of Edina Land Use, Platting and Zoning 850.08
shall be located within ten feet of any principal use building.
Parking ramps shall comply with the requirements of Paragraph G of Subd 5 of this
Subsection 850.08.
Subd. 5 Design and Construction.
A. Size
1. Full Size Spaces.
Space Space Drive Aisle
Angle Width Length Width
900 81/2 feet 18 feet 24 feet
600 9 feet 18 feet 18 feet
450 9 feet 18 feet 12 feet
2. Compact 1 Size Spaces.
Space Space Drive Aisle
Angle Width Length Width
900 71/2 feet 16 feet 24 feet
600 8 feet 16 feet 18 feet
450 8 feet 16 feet 12 feet
B. Compact Parking Spaces. Within the Planned Office District, Regional Medical
District and Planned Industrial District only, not more than 20 percent of all
required parking spaces may be compact spaces. In all other districts, no compact
spaces shall be counted as required parking. Compact spaces shall be clearly
identified by signs mounted on sign posts in order that they are visible at all times.
Signs which are painted on the pavement shall not be permitted for this purpose.
Compact parking spaces shall be located in one contiguous area to the greatest
possible extent and, where possible, limited to proposed employee parking areas. It
is the purpose and intent to limit compact parking spaces to areas used for
long-term employee parking rather than short-term visitor parking.
C. Bumper Overhangs. The minimum parking space length as required may be
decreased by 1.5 feet for full size parking spaces and 1.0 foot for compact spaces
which allow the bumper of the automobile to project beyond the terminus of the
parking space without obstructing other parking spaces or vehicle circulation areas.
D. Joint Parking Facilities in the Planned Commercial District and Mixed
Development District. Parking spaces serving two or more buildings, lots or uses
in the Planned Commercial District and the Mixed Development District may be
located in the same off-street parking area, provided that:
850-55 Supplement 2007-06
City of Edina Land Use, Platting and Zoning 850.08
1. The total number of spaces furnished shall not be less than the sum of
the separate requirements for each use; and
2. All parking spaces shall comply with all requirements as to location and
control as provided by paragraph A. of Subd. 3 of Subsection 850.08.
E. Nighttime Uses. Nighttime uses, as below defined, which share parking
facilities with daytime uses may reduce their required number of parking spaces by
50 percent, provided that:
1. The total number of spaces normally required for nighttime uses is
provided within the parking area in combination with parking spaces
provided for daytime uses;
2. The total number of parking spaces normally required for nighttime use
conforms to all requirements as to location and control as provided by
paragraph A. of Subd. 3 of Subsection 850.08; and
3. In the opinion of the Planner, the peak hours of operation of the
nighttime use will not coincide with the peak hours of other uses sharing the
joint parking facility so as to cause a parking shortage.
For the purposes hereof, nighttime uses are limited to theaters; facilities for
athletic, health and weight control including handball courts, racquet courts, tennis
courts, reducing salons and aerobic dance studios; bowling alleys; and club and
lodge assembly halls. Provided, however, that uses which are located within a
shopping center or Mixed Development District shall not be deemed nighttime uses
and shall not be eligible for reduction of parking requirements due to nighttime
uses.
F. Construction. Off-street parking spaces and circulation areas shall be surfaced
and maintained with a hard, all-weather, durable and dust-free surfacing material
composed of bituminous asphalt or concrete installed over a well compacted
subgrade and gravel base. Except for residential uses in the R-1 District and R-2
District, each parking space shall be clearly delineated by lines painted on or
imbedded in the surface of the parking area.
G. Parking Ramps. In addition to the general requirements described in
Subsection 850.07, the following special requirements shall apply to parking
ramps:
1. The front street and side street setback shall be not less than 20 feet and the
interior side yard and rear yard shall be not less than 10 feet. The minimum
setbacks shall be increased by one foot for every foot that the parking ramp
exceeds 20 feet in height. No parking ramp or any part thereof, shall be located
within 50 feet of the nearest lot line of any property in an R-1 District used for
residential purposes.
2. The front street or side street setback for parking ramps and garages, and
850-56 Supplement 2007-06
City of Edina Land Use, Platting and Zoning 850.08
other structures, shall be increased to 50 feet when the ramp, garage or structure
is located across the street from a property in an R-1 District used for residential
purposes.
3. All exterior wall finishes of a parking ramp shall be of materials that
architecturally complement the building or buildings that the parking ramp
serves through the use of exterior materials, architectural elements and colors
and shall be one or a combination of the following:
a. Face brick.
b. Natural stone.
c. Specially designed precast concrete units if the surfaces have been
integrally treated with an applied decorative material or texture.
4. Parking ramps must include architectural elements that enhance the
structure, reduce its perceived mass and complement the building or buildings
that it serves. Architectural elements shall include decorative pilasters, banding,
reveals, accents, wall plane articulation, facade treatments, and ornamental
grillwork as appropriate.
5. Parking ramps must include screening or other appropriate design elements
to screen the visibility of vehicle headlights from outside of the parking ramp.
6. The City, encourages parking ramp designs that include ground floor retail,
service and other uses, allowed by the zoning district in which the parking ramp
is located. Such uses which are integrated into the parking ramp structure need
not maintain front street and side street setbacks greater than that required for
the parking ramp.
Subd. 6 Traffic and Circulation.
A. General Requirements. Vehicular traffic shall be channeled and controlled in a
manner that will avoid congestion and traffic hazards on the lot or tract or on
adjacent streets. Traffic generated by the use shall be directed so as to avoid
excessive traffic through residential areas. No parking area, stacking area or
circulation area, except for driveway ingresses and egresses, shall be located within
a street, alley or highway.
B. Review by Engineer. The adequacy of any proposed traffic circulation system
on a lot or tract shall be subject to the review of the Engineer who may require
additional measures for traffic control to accomplish the orderly and safe
movement of traffic including, but not limited to, the following:
1. Directional signalization.
2. Channelization.
3. Turn lanes.
850-57 Supplement 2007-06
City of Edina Land Use, Platting and Zoning 850.09
4. Increased street width.
5. Warning lights.
6. Stacking lanes.
7. Location, number and width of curb cuts.
C. Circulation Within Parking Areas.
1. Unobstructed access to each parking space from a drive aisle shall be
provided.
2. Traffic moving from one part of a parking area to another shall be
capable of doing so without using a street.
3. Dead end drive aisles shall not be permitted.
4. Parking spaces oriented at an angle of less than 90 degrees to the drive
aisle shall be served only by way of one-way drive aisles.
D. Driveway Design.
1. Driveway width (back of curb to back of curb):
Maximum Minimum
One-way 20 feet 12 feet
Two-way 30 feet 24 feet
2. Maximum driveway width at street curb: 30 feet exclusive of returns
as measured along the curb line of the street.
3. Minimum distance between driveways in all districts except R-1 and R-
2: 20 feet between ends or returns as measured along the curb line of the
street.
4. Minimum distance of driveway from street intersections: 50 feet
between ends or returns of the driveway and the returns of the intersection
as measured along the curb line of the street.
5. Minimum distance between end of the driveway return and side lot line
in all districts except R-1 and R-2: 10 feet.
6. A permit must be obtained for curb cuts pursuant to Section 1205 of this
Code.
850.09 Loading Facilities.
Subd. 1 Definition. A loading facility means and includes the dock to or from which
the transport vehicle is being loaded or unloaded, the berth for the vehicle while it is being
850-58 Supplement 2007-06
City of Edina Land Use, Platting and Zoning 850.09
loaded or unloaded and the areas needed to maneuver the vehicle into or out of the berth.
Subd. 2 Location. Off-street loading facilities shall be easily accessible from
streets with a minimum of interference with other vehicle and pedestrian traffic. No
loading berths shall be located on the side of a building which faces a residential
district.
Subd. 3 Setbacks. No loading facility shall be located within the required front street
or side street setback for the principal building or within ten feet of an interior side lot line
or a rear lot line.
Subd. 4 Design.
A. Size
1. Large Berth: Length 55 feet
Width 14 feet
Height 15 feet
2. Small Berth:. Length 25 feet
Width 12 feet
Height 15 feet
B. Docks. All docks shall be located within the perimeter of the principal or
accessory building and shall be completely enclosed except for the opening needed
for access to a vehicle during the time it is standing in the berth.
C. Construction. All loading berths shall comply with the standards for the
construction of parking areas as specified in this Section.
Subd. 5 Minimum Number of Loading Berths Required.
A. Planned Industrial District (Except Office Buildings). One large berth per
50,000 square feet of gross floor area or major fraction.
B. All Office Buildings, Mixed Development District (Office Space Only) and
Regional Medical District.
Gross Floor Area (GFA) Number of Berths
0 - 20,000 sq. ft 0 berths
20,001 - 100,000 sq. ft. 1 small berth
Over 100,000 sq. ft. 1 small berth and 1 large berth plus 1
additional berth for each 100,000 square
feet GFA or major fraction thereof, over
the original 100,000 square feet GFA
C. Planned Commercial District (Except Office Buildings).
850-59 Supplement 2007-06
City of Edina Land Use, Platting and Zoning 850.10
�I
Gross Floor Area (GFA) Number of Berths
0 - 5,000 sq. ft 0 berths
5,001 - 20,000 sq. ft. 1 small berth
20,001 - 100,000 sq. ft. 1 small berth and 1 large berth
Over 100,000 sq. ft. 1 small berth 50,000 square feet GFA or
major fraction thereof, over the original
100,000 square feet GFA
850.10 Landscaping and Screening.
Subd. 1 Landscaping.
A. Application of Requirements. All properties shall comply with the requirements
of this Section except for single dwelling unit or double dwelling unit lots, public
parks, playgrounds and athletic facilities, and public and private golf courses,
except that club houses, parking areas and other structures accessory to the golf
courses shall comply.
B. Landscape Plan Requirements. Landscape plans shall be prepared by a
landscape architect or other qualified individual acceptable to the Planner.
Landscape plans shall be drawn to a scale of not smaller than one inch equals 30
feet and shall include the following information:
1. Boundary lines of the property with accurate dimensions.
2. Locations of existing and proposed buildings, parking lots, roads and
other improvements.
3. Proposed grading plan with two-foot contour intervals.
i
4. Location, approximate size and common name of existing trees and
shrubs.
5. Planting schedule containing (i) symbols; (ii) quantities; (iii) common
names and botanical names; (iv) size of plant materials, (v) root condition,
and (vi) special planting instructions
6. Planting details illustrating proposed locations of all new plant material.
7. Locations and details of other landscape features including berms,
fences and planter boxes.
8. Details of restoration of disturbed areas including areas to be sodded or
seeded.
9. Location and details of irrigation systems.
10. Details and cross sections of all required screening.
850-60 Supplement 2007-06
City of Edina Land Use, Platting and Zoning 850.10
C. Minimum Requirements. All open areas of a lot which are not used and
improved for required parking areas, drives or storage shall be landscaped with a
combination of overstory trees, understory trees, shrubs, flowers and ground cover
materials.
1. Minimum Number of Overstory Trees. The number of overstory trees
on the lot or tract shall be not less than the perimeter of the lot_ or tract as
measured in feet divided by 40.
2. Understory Trees and Shrubs. In addition to the required number of
overstory trees, a full complement of understory trees and shrubs shall be
provided to complete a quality landscape treatment of the site.
3. Minimum Size and Root Condition of Required Overstory Trees.
Minimum Amount of Required Trees
Building Height - Front
Tree Type Deciduous Coniferous Less than 24 24' or Greatej
Ornamental 2" or less 5' or less 5% 5%
Complimentary 21/2 " or greater 6' or greater 60% 25%
Accent 31/2 " or greater 8 ` or greater 20% 25%
Primary 41/2" or greater 10' or greater 10% 20%
Full 51/2" or greater 12' or greater 5% 20%
Calculations to determine minimum number of trees are always rounded up.
Tree size, as to deciduous, is the diameter of the tree measured 6 inches above
the ground. Tree size, as to coniferous, is measured in height.
All new overstory trees shall be balled and burlapped or moved from the
growing site by tree spade.
4. Species.
a. all required overstory trees shall be composed of species which are
classified as overstory trees by the American Nurseryman's
Association. Trees which are considered as half trees, shrubs,
understory trees or ornamental trees shall not be included in the count
of required overstory trees;
b. not more than 50 percent of the required number of overstory trees
shall be composed of one species;
c. no required overstory trees shall include (i) all species of the genus
Ulmus (elm); (ii) box elder; (iii) all species of the genus Populous
(poplar), or (iv) ginkgo - female only; and
d. all plant materials shall be indigenous to the hardiness zone of the
area in which the City is located.
5. Credit for Existing Trees. The total number of required new overstory
850-61 Supplement 2007-06
City of Edina Land Use, Platting and Zoning 850.10
trees may be offset by the retention of existing overstory trees on the lot
provided that the trees satisfy the requirements of this Subdivision 850.10
as to size and species. The Planner shall determine the amount of the credit
for existing trees based upon their location and distribution on the lot.
6. Ground Cover. All unimproved portions of the lot or tract shall be
sodded. Provided, however:
a. areas reserved for future approved building expansions may be
seeded;
b. undisturbed areas containing existing viable natural vegetation
which can be maintained free of weeds may be left undisturbed; and
c. slopes steeper than 3:1 may be seeded.
D. Landscaping Inspection Fee. A landscaping inspection fee in the amount set out
in Section 185 of this Code shall be paid to the City at the time a building or other
permit is issued for work to be done on the same property as the landscaping work,
and as a condition to the issuance of the permit.
Subd. 2 Screening.
A. Screening Required. The following uses shall be screened in accordance with
the requirements of this Subdivision 850.10:
1. Non-residential principal buildings or structures, and any building or
structure accessory thereto, shall be screened from lots in the R-1 District
which are used for single dwelling unit buildings and which are located
within 200 feet of the non-residential use. The distance shall be the shortest
distance between the non-residential building or structure to be screened and
the nearest lot line of the R-1 District lot, but shall not extend across a
street;
2. Principal buildings or structures, or any building or structure accessory
thereto, located in the Planned Industrial District or Planned Commercial
District shall be screened from lots used for any residential purpose which
are located within 200 feet. The distance shall be the shortest distance
between the PID or PCD building or structure to be screened and the
nearest lot line of the residential lot, but shall not extend across a street;
3. Off-street parking facilities containing six or more spaces and all
loading facilities shall be screened from streets located within 50 feet, and
from lots which are used for any residential purpose which are located
within 50 feet. Said distance shall be the shortest distance between the
parking facility or loading facility and the nearest part of the street or the
nearest lot line of the residential lot;
4. Trash storage facilities including recycling storage facilities shall be
850-62 Supplement 2007-06
City of Edina Land Use, Platting and Zoning 850.10
screened from all lot lines and public road rights-of-way; and
5. All mechanical equipment accessory to any building, except single
dwelling unit and double dwelling unit buildings, shall be screened from all
lot lines and streets.
B. Responsibility. The owner of the principal or accessory building or structure to
be screened shall install and maintain all screening required without cost to the
City.
C. Materials. Required screening may be achieved with fences, walls, earth
berms, hedges and other landscape materials. All walls and fences shall be
architecturally harmonious with the principal building. Earth berms shall not be
steeper than 3:1. All materials, including landscaping, shall have a minimum
opacity of 90 percent year round.
D. Location. All required screening shall be located on the lot occupied by the use,
building, facility or structure to be screened. No screening shall be located upon
any public road right-of-way, or within 20 feet of the traveled portion of a street.
E. Height. The minimum height for screening required by this Section is as
follows:
1. Screening required by subparagraphs 1 and 2 of paragraph A. of Subd.
2 of Subsection 850.10: ten feet above property line;
2. Screening required by subparagraph 3 of paragraph A. of Subd. 2 of
Subsection 850.10: four feet above level of parking lot and ten feet above
level of loading facility; and
3. Screening required by subparagraphs 4 and 5 of paragraph A. of Subd.
2 of Subsection 850.10: high enough to completely screen from property
lines, but not less than five feet or greater than ten feet in height.
Subd. 3 Maintenance.
A. Responsibility. The owner of the lot upon which the required landscaping or
screening is located shall maintain all materials in a sightly and healthy growing
condition without cost to the City.
B. Security. Security shall be filed with the Planner in accordance with Section
405 of this Code to guarantee the installation and vigorous growing condition of all
landscape elements and required screening. The security shall remain in effect for
two full growing seasons. Lots provided with an irrigation system covering 100
percent of the area improved with landscaping need provide security for only one
growing season. The growing season guarantee period for plant material installed
after June 1 shall begin the following year.
850-63 Supplement 2007-06
City of Edina Land Use, Platting and Zoning 850.11
850.11 Single Dwelling Unit District (R-1).
Subd. 1 Principal Uses.
A. Buildings containing not more than one dwelling unit.
B. Publicly owned parks, playgrounds and athletic facilities.
C. Publicly and privately owned golf courses, but not including driving ranges or
miniature golf courses as a principal use.
Subd. 2 Conditional Uses.
A. Religious institutions, including churches, synagogues, chapels and temples.
B. Elementary schools, junior high schools and senior high schools having a
regular course of study accredited by the Minnesota Department of Education,
preschools and community centers.
C. Publicly owned and operated civic and cultural institutions including, but not
limited to, administrative offices, libraries, public safety buildings and places of
assembly.
D. Golf course club houses.
E. Parking facilities and other uses which are accessory to conditional uses
including, but not limited to, seminaries, private schools, monasteries and
nunneries, but excluding preschools, nurseries and day care permitted by paragraph
C. of Subd. 3 of this Subsection 850.11.
F. Temporary Conditional Uses allowed pursuant to Subd. 5 of Subsection
850.04.
G. Day care facilities, pre-schools and nursery schools.
Subd. 3 Accessory Uses.
A. The following accessory uses are permitted on the same lot as a single dwelling
unit building:
1. Accessory garages.
2. Greenhouses, garden houses, decks, patios and gazebos.
3. Tool houses and sheds for the storage of domestic supplies.
4. Private swimming pools, tennis courts and other recreational facilities
for use only by residents of the principal use and their guests.
5. Improvements customarily incidental to single dwelling unit buildings
including, but not limited to, driveways, sidewalks, flagpoles and
clotheslines.
850-64 Supplement 2007-06
City of Edina Land Use, Platting and Zoning 850.11
6. Customary home occupations.
7. Day care facilities, licensed by the State, located within the single
dwelling unit building.
8. Temporary retail sales of evergreen products from Conditional Use
properties pursuant to a permit issued in accordance with this Subsection
850.11
A. Uses and facilities accessory to and on the same lot as a golf course, including
maintenance buildings, golf driving ranges, swimming pools, tennis courts and
other related recreational facilities.
B. Preschools, nurseries and day care within elementary, junior high and senior
high schools and religious institutions.
C. Rooms for residential occupancy by persons employed by religious institutions
or golf courses.
Subd. 4 Interim Uses of Elementary, Junior and Senior High School Buildings
Owned by Independent School District No. 273.
A. Purpose and Intent. The Council recognizes that several public elementary,
junior high and senior high school buildings owned by Independent School District
No. 273 (the "School District") have been, or will be, wholly or partly closed for
public education purposes due to the decreasing school age population of the
School District. It further recognizes that many such buildings will be retained in
School District ownership in order that they may be reused for public education
purposes in the future if the School District's school-age population increases.
Therefore, the Council has determined that the school buildings should be allowed
to be temporarily occupied by appropriate uses during this interim period in order
to preserve a substantial public investment, to prevent the deterioration of such
public properties thereby adversely impacting surrounding private properties, to
prevent an undue financial burden upon the School District, and to promote the
general health, safety and welfare of the residents of the City. However, it is not
the purpose and intent of this Section to allow the permanent reuse of such public
school buildings for the interim uses permitted or allowed by this Section.
B. Permitted Interim Uses.
1. Schools for teaching music, dance, arts or business vocations which do
not require a conditional use permit pursuant to paragraph D. of Subd. 4 of
this Subsection 850.11; and
2. Administrative offices and meeting rooms (excluding lodge halls) for
private non-profit organizations, and counseling services, which, together
with the other such offices and meeting rooms in the same public school
building do not occupy, in the aggregate, in excess of the minimum
percentage of gross floor area set out in subparagraph La. of paragraph D.
of Subd. 4. of this Subsection 850.11, and if such offices and meeting
rooms do not require a conditional use permit pursuant to subparagraph Lb.
850-65 Supplement 2007-06
City of Edina Land Use, Platting and Zoning 850.11
of paragraph D. of Subd. 4. of this Subsection.
C. Termination of All Interim Uses. If all or any part of any public school
building, or the land upon which it is located, is disposed of or transferred to
private ownership by deed, contract for deed, lease for more than three years or by
other means, all interim uses shall cease and the building and land shall then be
used for only principal uses, and accessory uses permitted in the zoning district in
which the land is situated, or allowed conditional uses pursuant to the grant of a
conditional use permit.
D. Conditional Interim Uses.
1. Only the following interim uses are allowed subject to the grant of a
conditional use permit:
a. administrative offices and meeting rooms for private non-profit
organizations, and counseling services, which, together with the other
such offices and meeting rooms in the same public school building
will, in the aggregate, occupy 35 percent or more of the gross floor
area of the building; and
b. administrative offices and meeting rooms for private non-profit
organizations, and counseling services and schools for teaching music,
arts, dance or business vocations which are open for operations
between 6:00 P.M. and 7:00 A.M. on three or more days per week.
2. No conditional use permit shall be issued unless the Council finds that
the hours of operation of the proposed use(s) will be complementary to
other uses in the building or on the property and will not adversely impact
the residential character of surrounding properties.
Subd. 5 Requirements for Lot Areas and Dimensions.
A. Minimum Lot Area.
1. Single Dwelling Unit 9,000 square feet provided however, if the
lot is in a neighborhood as defined in
Section 810 of this Code, which has lots
with a median lot area greater than 9,000
square feet, then the minimum lot area
shall be not less than the median lot area of
the lots in such neighborhood.
2. Elementary School 5 acres
3. Junior high schools, 10 acres, plus 1 acre for each 150 pupils of
senior high schools, planned maximum enrollment.
seminaries, monasteries,
nunneries, and community
centers
850-66 Supplement 2007-06
City of Edina Land Use, Platting and Zoning 850.11
4. Religious institutions 3 acres.
5. Day care facilities, pre- 2 acres
schools and nursery
schools
B. Minimum Lot Width.
Single dwelling unit building 75 feet, provided however, if the lot is in a
neighborhood as defined in Section 810 of
this Code, which has lot with a median lot
width greater than 75 feet, then the
minimum lot width shall be not less than
the median lot width of lots in such
neighborhood
C. Minimum Lot Depth.
Single dwelling unit building 120 feet, provided, however if the lot is in
a neighborhood as defined in Section 810
of this Code, which has lots with a median
lot depth greater than 120 feet, then the
minimum lot depth shall be not less than
the median lot depth of lots in such
neighborhood.
D. Minimum Lot Width to Perimeter Ratio. Each lot shall have a lot width to
perimeter ratio of not less than 0.1.
Subd. 6 Requirements for Building Coverage, Setbacks and Height.
A. Building Coverage.
1. Lots 9,000 Square Feet or Greater in Area. Building coverage shall be
not more than 25 percent for all buildings and structures.
2. Lots Less Than 9,000 Square Feet in Area. Building coverage shall be
not more than 30 percent for all buildings and structures, provided,
however, that the area occupied by all buildings and structures shall not
exceed 2,250 square feet.
3. The combined total area occupied by all accessory buildings and
structures, excluding attached garages, shall not exceed 1,000 square feet
for lots used for single dwelling unit buildings.
B. Minimum Setbacks (subject to the requirements of paragraph A. of Subd. 7 of
this Subsection 850.11).
850-67 Supplement 2009-02
City of Edina Land Use, Platting and Zoning 850.01
Interior
Front Side Side Rear
Street Street Yard Yard
1. Single dwelling unit buildings on lots 30' 15' 10' 25'
75 feet or more in width.
2. Single dwelling unit buildings on lots 30' 15' The required 25'
more than 60 feet in width, but less interior yard
than 75 feet in width. setback of 5 feet
shall increase by
1/3 foot (4 inches,
for each foot that
the lot width
exceeds 60 feet.'
3. Single dwelling unit building on lots 30' 15' 5' 25'
60 feet or less in width.
4. Buildings and structures accessory to
single dwelling unit buildings:
5. Detached garages, tool sheds, -- 15' 3' 3'
greenhouses and garden houses entire
within the rear yard, including the
eaves.
6. attached garages, tool sheds, 30' 15' 5' 25'
greenhouses and garden houses.
7. detached garages, tool sheds, -- 15' 5' 5'
greenhouses and garden houses not
entirely within the rearyard
8. unenclosed decks and patios 30' 15' 5' S'
9. swimming pools, including 30' 15' 10' 10'
appurtenant equipment and required
decking.
10.tennis courts, basketball courts, sport 30' 15' 5' S'
courts, hockey and skating rinks, and
other similar recreational accessory
uses including appurtenant fencing an
lighting
11.all other accessory buildings and 30' 15' 5' 5'
structures
12.Other Uses:
13.All conditional use buildings or 50' 50' 50' 50'
structures including accessory thereto
except parking lots, day care facilitie
pre-schools and nursery schools
14.Driving ranges, tennis courts, 50' 50' 50' 50'
maintenance buildings and swimming
pools accessory to a golf course.
850-68 Supplement 2007-03
City of Edina Land Use, Platting and Zoning 850.11
15.Day care facilities, pre-schools and 30' 35' 35' 35'
nursery schools.
C. Height
1. Single dwelling units buildings and 21/2 stories or 30 feet
structures accessory thereto. whichever is less
2. Buildings and structures accessory to 1 '/z stories or 18 feet
single dwelling unit buildings, but not whichever is less
attached thereto.
3. All other buildings and structures 3 stories or 40 feet whichever
less
4. The maximum height to the highest point on a roof of a single or double
dwelling unit shall be 35 feet. The maximum height may be increased
by one inch for each foot that the lot exceeds 75 feet in width. In no
event shall the maximum height exceed 40 feet.
Subd. 7 Special Requirements. In addition to the general requirements described in
Subsection 850.07, the following special requirements shall apply.
A. Special Setback Requirements for Single Dwelling Unit Lots.
1. Established Average Setback. When more than 25 percent of the frontage on
one side of a street between intersections is occupied by buildings having front
street setbacks of more or less than 30 feet, the average setback of such existing
buildings shall be maintained by all new or relocated buildings or structures or
additions thereto on the same side of that street and between said intersections.
If a building or structure or addition thereto is to be built or located where there
is an established average setback and there are existing buildings on only one
side of the built or relocated building or structure or addition thereto, the front
street setback of said new or relocated building or structure or addition thereto
need be no greater than that of the nearest adjoining principal building. If a
building or structure or addition thereto is to be built or relocated where there is
an established average setback, and there are existing buildings on both sides of
the new or relocated building or structure or addition thereto, the front setback
need be no greater than that which would be established by connecting a line
parallel with the front lot line connecting the most forward portion of the
adjacent principal building on each side.
2. Side Street Setback. The required side street setback shall be increased to
that required for a front street setback where there is an adjoining interior lot
facing on the same street. The required side street setback for a garage shall be
increased to 20 feet if the garage opening faces the side street.
3. Interior Side Yard Setback. The required interior side yard setback shall
be increased by 6 inches for each foot the building height exceeds 15 feet.
For purposes of this subparagraph, building height shall be the height of
that side of the building adjoining the side lot line and shall be measured
from the average proposed elevation of the ground along and on the side of
the building adjoining the side lot line to the top of the cornice of a flat
roof, to the deck line of a Mansard roof, to a point on the roof directly
above the highest wall of a shed roof, to the uppermost point on a round or
850-69 Supplement 2008-01
City of Edina Land Use, Platting and Zoning 850.11
other arch-type roof, to the average distance of the highest gable on a
pitched roof, or to the top of a cornice of a hip roof.
4. Rear Yard Setback - Interior Lots. If the rear lot line is less than 30 feet
in length or if the lot forms a point at the rear and there is no rear lot line,
then for setback purposes the rear lot line shall be deemed to be a straight
line segment within the lot not less than 30 feet in length, perpendicular to a
line drawn from the midpoint of the front lot line to the junction of the
interior lot lines, and at the maximum distance from the front lot line.
5. Rear Yard Setback - Corner Lots Required to Maintain Two Front
Street Setbacks. The owner of a corner lot required to maintain two front
street setbacks may designate any interior lot line measuring 30 feet or more
in length as the rear lot line for setback purposes. In the alternative, the
owner of a corner lot required to maintain two front street setbacks may
deem the rear lot line to be a straight line segment within the lot not less
than 30 feet in length, perpendicular to a line drawn from the junction of
the street frontages to the junction of the interior lot lines, the line segment
being the maximum distance from the junction of the street frontages.
6. Through Lots. For a through lot, the required setback for all buildings
and structures from the street upon which the single dwelling unit building
does not front shall be not less than 25 feet.
7. Accessory Buildings and Structures Used for Dwelling Purposes.
Subject to the requirements of paragraph B. of Subd. 7 of this Subsection
850.11, if any accessory building or structure (including, without
limitation, garages), or if any addition to or expansion of (including,
without limitation, an additional story on) an accessory building or structure
(including, without limitation, garages), is used or intended for use, in
whole or in part, for residential occupancy, then such accessory building or
structure or such addition or expansion, shall comply with all of the
minimum setback requirements for a single dwelling unit building.
B. One Dwelling Unit Per Single Dwelling Unit Lot. No more than one dwelling
unit shall be erected, placed or used on any lot unless the lot is subdivided into two
or more lots pursuant to Section 810 of this Code.
C. Decks and Patios. Notwithstanding the provisions of Subsection 850.07, the
first 150 square feet of an unenclosed deck or patio shall not be included when
computing building coverage.
D. Basements. All single dwelling unit buildings shall be constructed with a
basement having a gross floor area equal to at least 50 percent of the gross floor
area of the story next above. The floor area of accessory uses shall not be included
for purposes of this paragraph.
E. Minimum Building Width. No more than 30 percent of the length, in the
aggregate, of a single dwelling unit building shall measure less than 18 feet in
width as measured from the exterior of the exterior walls.
850-70 Supplement 2008-01
City of Edina Land Use, Platting and Zoning 850.12
F. Parking Ramps Prohibited. No parking ramp shall be constructed in the R-1
District.
G. Temporary retail sales of evergreen products from Conditional Use properties
1. The Manager may grant a permit for temporary retail sales of evergreen
products, if:
a. the owner of the property or other non-profit group approved by the
owner conducts the sale.
b. the duration of the sale does not exceed 45 consecutive days and does not
start before November 15 in any year.
c. the sale area is located in a suitable off-street location that does not
interfere with traffic circulation on the site or obstruct parking spaces needed
by the principal use on the site.
d. the sale area is not located within 200 feet of a property zoned and used
for residential occupancy.
e. the hours of operation do not extend beyond 10:00 p.m.
f. signage is limited to one sign per street frontage with an aggregate sign
area not exceeding 100 square feet.
H. Additions to or rebuilt single-family dwellings and buildings containing two
dwelling units. For additions, alterations and changes to, or rebuilds of existing
single-family dwellings and buildings containing two dwellings, the first floor
elevation may not be more than one foot above the existing first floor elevation. If
a split level dwelling is torn down and a new home is built, the new first floor or
entry level elevation may not be more than one foot above the front entry elevation
of the home that was torn down. The provisions of this paragraph shall apply to all
single-family homes and buildings containing two dwelling units including units in
the flood plain zoning district. Any deviation from the requirements of this
paragraph shall require a variance.
850.12 Double Dwelling Unit District (R-2).
Subd. 1 Principal Uses. Buildings containing two dwelling units.
Subd. 2 Accessory uses.
A. Accessory garages.
B. Greenhouses, garden houses, decks, patios and gazebos.
C. Tool houses and sheds for storage of domestic supplies.
D. Private swimming pools, tennis courts and other recreational facilities for use
only by residents of the principal use and their guests.
E. Improvements customarily incidental to single dwelling unit buildings
850-71 Supplement 2007-06
City of Edina Land Use, Platting and Zoning 850.12
including, but not limited to, driveways, sidewalks, flagpoles and clotheslines.
F. Customary home occupations.
Subd. 3 Requirements for Lot Areas and Dimensions.
A. Minimum Lot Area (per double dwelling 15,000 sq. ft.
unit building
B. Minimum Lot Width 90 ft.
Subd. 4 Requirements for Building Coverage, Setbacks and Height.
A. Maximum Building Coverage 25%
B. Setbacks (subject to the provisions of
paragraph D. of Subd. 5 of this Subsection
850.12
1. Principal Use Buildings:
Front street setback 30 ft.
Side street setback 15 ft.
Interior side yard setback 10 ft.
Rear yard setback 35 ft.
2. Accessory Buildings and Structures. Setbacks for accessory
buildings and structures shall be the same as those required by this
Section for building and structures accessory to single dwelling unit
buildings in the R-1 District.
C. Height: 2'/2 stories or 30 feet, whichever is less.
Subd. 5 Special Requirements. In addition to the general requirements described in
Subsection 850.07, the following special requirements shall apply.
A. Application of Requirements. Requirements for lot area and dimensions,
building coverage, setbacks and height shall be applied to the entire double
dwelling unit building and the entire lot, and shall ignore any subdivision of
building and lot which has been or may be made in order to convey each dwelling
unit separately.
B. Sewer and Water Connections. Each dwelling unit must be separately and
independently connected to public sanitary sewer and water mains or shall have
been granted a waiver thereof in accordance with Section 445 of this Code
C. Subdivided R-2 Lots. A double dwelling unit building and lot may be
subdivided pursuant to Section 810 of this Code along the common party walls
between the dwelling units, provided that:
1. A building permit has been issued and the building foundation is in
place;
2. Each parcel resulting from the subdivision must have frontage on a
850-72 Supplement 2007-06
I
City of Edina Land Use, Platting and Zoning 850.13
public street of not less than 25 feet;
3. The parcels resulting from the subdivision shall each comprise
approximately the same number of square feet, and no an individual parcel
shall be less than 5,000 square feet; and
4. A rear yard not less than 25 feet in depth must be provided for each
dwelling unit.
If the above conditions cannot be met, the lot may be subdivided by means of a
townhouse plat.
D. Special Setback Requirements for Double Dwelling Unit Buildings. Double
dwelling unit buildings shall comply with the special requirements for single
dwelling unit building setbacks, as provided in paragraph A. of Subd. 7 of
Subsection 850.11.
E. Decks and Patios. Notwithstanding the provisions of Subsection 850.07, the
first 200 square feet of an unenclosed deck or patio shall not be included when
computing building coverage.
F. Basements. All double dwelling unit buildings shall be constructed with a
basement having a gross floor area equal to at least 50 percent of the gross floor
area of the story next above. The floor area of accessory uses shall not be included
for the purposes of this paragraph.
G. Minimum Building Width. No more than 30 percent of the length, in the
aggregate, of a double dwelling unit building shall measure less than eighteen feet
in width, as measured from the exterior of the exterior walls.
850.13 Planned Residence District (PRD, PSR).
Subd. 1 Subdistricts. The Planned Resident District shall be divided into the following
subdistricts:
Planned Resident District - 1 (PRD-1)
Planned Resident District - 2 (PRD-2)
Planned Resident District - 3 (PRD-3)
Planned Resident District - 4 (PRD-4)
Planned Resident District - 5 (PRD-5)
Planned Senior Residence - 3 (PSR-3)
Planned Senior Residence - 4 (PSR-4)
Subd. 2 Principal Uses.
A. PRD-1. Single dwelling unit buildings, double dwelling unit buildings and
residential townhouses.
850-73 Supplement 2007-06
City of Edina Land Use, Platting and Zoning 850.13
B. PRD-2. Residential buildings containing six or fewer dwelling units.
C. PRD-3 and PRD-4. All residential buildings. Also day care facilities licensed
by the State.
D. PRD-5. Rest homes, convalescent homes and nursing homes.
E. PSR-3 and PSR-4. Buildings containing four or more dwelling units, all but one
of which are senior citizen dwelling units.
Subd. 3 Accessory Uses.
A. PRD-1. All accessory uses allowed in the R-1 District.
B. All Other Subdistricts. All accessory uses allowed in the R-2 District.
C. PRD-4, PRD-5 and PSR-4. Shops, restaurants and other services primarily
intended for the use and convenience of residents of the principal use, provided
that such accessory uses are accessible only from the interior of the principal
building, are located only on the ground floor of the principal building, and
have no signs or display visible from the outside of the principal building. Not
more than ten percent of the gross floor area of a principal building shall be
devoted to these accessory uses.
Subd. 4 Density.
A. Required Lot Area. The area of the tract shall not be less than the sum of the
required lot area for each dwelling unit adjusted by the allowances permitted or
imposed by this paragraph:
Lot Area Per Maximum Allowance
Dwelling Unit Per Dwelling Unit
PRD - 1 10,500 Sq. ft. 0 sq. ft.
PRD - 3 7,300 Sq. ft. 0 sq. ft.
PRD - 3 4,400 sq. ft. 1,500 sq. ft.
PRD - 4 2,900 sq. ft. 1,500 sq. ft.
PRD - 5
PSR - 3 3,500 sq. ft. 1,500 sq. ft.
PSR - 4 2,500 sq. ft. 1,500 sq. ft
*The principal building in subdistrict PRD-5 shall not exceed an FAR of 1.2.
B. Schedule of Allowances.
1. PRD-3
a. subtract 500 square feet for each parking space within or under the
I
850-74 Supplement 2007-06
City of Edina Land Use, Platting and Zoning 850.13
principal building or otherwise completely underground. (No more
than 1.5 spaces per dwelling unit shall be counted).
b. subtract 500 square feet for each dwelling unit if all principal
buildings conform to all specifications of Type I or II construction as
defined in the State Building Code as adopted by Section 410 of this
Code.
c. subtract 250 square feet for each dwelling unit if at least a 500 foot
spacing is maintained between each principal and accessory building
and the nearest lot line of a lot in the R-1 District used for residential
purposes.
d. add 500 square feet for each bedroom in excess of two in any one
dwelling unit.
e. subtract 250 square feet for each dwelling unit if the tract is within
2,000 feet of an accessible freeway interchange (nearest lot line to
center of interchange).
2. PRD-4
a. all allowances permitted by paragraph B.1 of this Subd. 4 for
PRD-3.
b. subtract 250 square feet for each dwelling unit if the tract is three
acres or more in area.
c. subtract 250 square feet for each dwelling unit if total building
coverage is less than ten percent.
3. PSR-3 and PSR-4
a. all allowances permitted by paragraph B.2 of this Subd. 4 for
PRD-4.
b. subtract 1,000 square feet for each senior citizen dwelling unit.
Subd. 5 Requirements for Building Coverage, Setbacks, Height.
A. Maximum Building Coverage and FAR.
Maximum FAR
Building
Coverage
PRD - 1 25% --
PRD -2 25% --
PRD - 3 30% --
PRD - 4 30% --
850-75 Supplement 2007-06
City of Edina Land Use, Platting and Zoning 850.13
PRD - 5 35% 1.2
PSR - 3 30% --
PSR - 4 35% 1.2
B. Setbacks.
1. Setbacks shall be measured from the boundary of the tract. The
required setbacks shall be increased to equal the building height for
those buildings whose height exceeds the minimum setbacks
required.
a. minimum setbacks are as follows:
Interior
Front Side Side Rear
Street Street Yard Yard
PRD - 1 30' 30' 20' 25'
PRD - 2 30' 30' 20' 35'
PRD -- 3 35' 35' 20' 35'
PRD - 4, 5 35' 35' 35' 35'
PSR - 3,4 35' 35' 20' 35'
Accessory Buildings Same as 10' 10'
principal
building
C. Maximum Building Height.
PRD - 1, 2 21/z stories or 30 feet, whichever is less
PRD - 3 3 stories or 40 feet, whichever is less
PRD - 4, 5 No maximum; height is determined by required
setbacks.
PSR - 3 3 stories or 40 feet, whichever is less.
PSR - 4 No maximum; height is determined by required
setbacks.
Subd. 6 Usable Lot Area. Usable lot area not less than the amount specified below
shall be provided on the tract. This space must be easily accessible by residents of the
principal building. The front yard and side yard established by the required front street or
side street setback and areas occupied by driveways, parking areas and buildings shall not
be included as usable lot area. Areas within the tract and dedicated by the tract owner to
the general public shall be included in usable lot area computations.
850-76 Supplement 2007-06
City of Edina Land Use, Platting and Zoning 850.13
Per Dwelling Unit
PRD - 1 2,000 sq. ft.
PRD - 2 1,500 sq. ft.
PRD - 3, 4 400 sq. ft.
PSR - 3 200 sq. ft.
PSR -4 100 sq. ft.
Subd. 7 Special Requirements. In addition to the general requirements described in
Subsection 850.07, the following special requirements shall apply:
A. Minimum Tract Area - PRD-1. 10 acres
B. Minimum Floor Area per Dwelling Unit.
PSR PRD (except
PRD-5)
Efficiency -- 500 sq. ft.
One Bedroom 500 minimum sq. ft. 750 sq. ft.
700 maximum sq. ft.
Two Bedroom 750 minimum sq. ft. 950 sq. ft.
850 maximum sq. ft.
Additional Bedrooms -- 150 sq. ft.
For purposes hereof, floor area shall be the area within, and measured from, the
inside of exterior walls and from the center of interior walls bounding the dwelling
unit, but shall not include furnace rooms, utility rooms, storage areas not within
the dwelling unit, garages or any common areas which are used by residents of two
or more dwelling units, including stairways, entries, foyers, balconies and porches.
C. Efficiency Dwelling Units. Efficiency dwelling units shall be permitted only in
subdistricts PRD-3 PRD-4, PSR-3 and PSR-4. Not more than ten percent of the
dwelling units per building shall be efficiency dwelling units, in the PRD-3 and
PRD-4 Districts.
D. Maximum Number of Townhouses Per Building. Not more than eight
townhouses per building shall be allowed.
E. Sewer and Water Connections for Townhouses. Each townhouse shall be
separately and independently. connected to public sanitary sewer mains and water
mains or shall have been granted a waiver thereof in accordance with Section 445
of this Code.
F. Accessory Buildings. The exterior of accessory buildings shall be constructed
of the same material as the principal building.
850-77 Supplement 2009-02
City of Edina Land Use, Platting and Zoning 850.14
G. Community Facilities in PSR-3 and PSR-4. Principal buildings in subdistricts
PSR-3 and PSR-4 shall provide recreational, service and meeting facilities for the
use and enjoyment of residents and guests. Such facilities shall comprise not less
than 1,250 square feet, or 15 square feet of floor area per senior citizen dwelling
unit, measured as provided for in paragraph B. of Subd. 7 of this Subsection
850.13, whichever is greater. Such facilities shall be indoor space and shall be
conditioned for year round occupancy. Outdoor areas, laundry facilities, storage
areas, mechanical rooms, hallways, foyers, offices or circulation space shall not be
included to satisfy this requirement.
H. Proximity to R-1 District (PRD-4, PRD-5, and PSR-4). The following
minimum distance shall be provided between the closest point of the principal
building in the PRD-4, PRD-5 and PSR-4 subdistricts and the nearest lot line of an
R-1 District used for residential purposes. This requirement shall only apply to
principal buildings four stories or more in height. The minimum distance to an R-1
District need not exceed 680 feet for buildings more than 100 feet in height.
Minimum Distance in Feet = 10(h-40) + 80
h = building height
850.14 Mixed Development District (MDD).
Subd. 1 Subdistricts. The Mixed Development District shall be divided into the
following subdistricts:
Mixed Development District - 3 (MDD-3)
Mixed Development District - 4 (MDD-4)
Mixed Development District - 5 (MDD-5)
Mixed Development District - 6 (MDD-6)
Subd. 2 Principal Uses.
A. MDD-3, MDD-4, and MDD-5:
1. Buildings containing not fewer than ten dwelling units or senior citizen
dwelling units.
2. Publicly-owned or operated civic or cultural institutions.
3. Publicly-owned park and recreational facilities.
4. Offices, including business and professional offices, medical and dental
offices, post offices, travel agencies and travel bureaus.
5. Financial institutions excluding pawn shops.
6. Publicly-owned parking facilities.
7. Day care.
850-78 Supplement 2009-02
City of Edina Land Use, Platting and Zoning 850.14
8. Suites Hotels.
B. MDD-6:
1. All principal uses in the MDD-3, MDD-4, and MDD-5 subdistricts.
2. All principal uses in the PCD-1 and PCD-2 subdistricts, except:
a. animal hospitals and kennels.
b. automotive accessory shops.
c. clubs and lodge halls.
d. exterminating offices.
e. undertaking and funeral home establishments.
3. Health and athletic clubs.
4. Department stores or shopping centers exceeding 40,000 square feet.
Subd. 3 Accessory Uses.
A. Recreational facilities solely for the use and enjoyment of residents of a
residential principal use and their guests.
B. Customary home occupations.
C. Mass transit passenger waiting and pick-up facilities.
Subd. 4 Conditional Uses.
A. MDD-3, MDD-4, and MDD-5.
1. Privately owned recreational facilities other than those permitted in
paragraph A. of Subd. 3 of this Subsection 850.14.
2. Drive-through facilities.
3. All principal uses allowed in the PCD-1 and PCD-2 subdistricts, except:
a. animal hospitals and kennels.
b. automotive accessory stores.
c. clubs and lodge halls.
d. exterminating offices.
e. undertaking and funeral home establishments.
B. MDD-6. Commercial uses in residential buildings.
Subd. 5 Density.
850-79 Supplement 2007-06
City of Edina Land Use, Platting and Zoning 850.14
A. Allowed Number of Dwelling Units.
1. Required Lot Area. The area of the tract shall not be less than the sum of
the required lot area for each dwelling unit thereon, less the allowances
permitted or imposed by this paragraph.
Required Lot Area Per Maximum Allowance Per
Dwelling Unit Dwelling Unit
MDD-3 4,400 sq. ft. 1,000 sq. feet
MDD-4 3,600 sq. ft. 1,000 sq. feet
MDD-5 3,300 sq. ft. 1,500 sq. feet
MDD-6 3,300 sq. ft. 1,500 sq. feet
2. Schedule of Allowances.
a. subtract 500 feet for each required residential parking space within
or under the principal building or otherwise completely underground.
b. add 500 square feet for each bedroom in excess of two in any one
dwelling unit.
c. subtract 250 square feet for each dwelling unit if total building
coverage is less than 20 percent. (Buildings devoted to public or
private park, or an accessory recreational facility, shall be excluded
from building coverage for purposes of this allowance).
d. subtract 400 square feet for each dwelling unit if the Mixed
Development District includes a publicly owned park that is developed
or programmed to be developed with recreational facilities or other
facilities for the use and enjoyment of the general public.
e. subtract 600 square feet for each dwelling unit reserved for sale or
rent to persons of low and moderate income, as defined by, and
pursuant to an agreement approved by, the Housing and
Redevelopment Authority of Edina, Minnesota.
B. Allowed Non-Residential Floor Area. The gross floor area of all non-
residential uses, exclusive of publicly owned or operated civic, cultural and
recreational facilities, transit facilities and uses accessory to residential principal
uses, shall not exceed:
1. MDD-3, MDD-4 and MDD-5: 800 square feet of non--residential gross
floor area per dwelling unit shown on the approved Overall Development
Plan.
2. MDD-6 subdistrict: 3,650 square feet of non-residential gross floor area
per dwelling unit shown on the approved Overall Development Plan for the
entire subdistrict.
850-80 Supplement 2007-06
City of Edina Land Use, Platting and Zoning 850.14
Subd. 6 Requirements for Building Coverage, Setbacks and Height.
A. Maximum Building Coverage. 30 percent of the tract. Publicly owned buildings
or structures shall be excluded from building coverage computations.
B. Maximum Floor Area Ratio. Non-residential uses shall not exceed a FAR of
0.5. Non-residential uses and residential uses in the aggregate shall not exceed an
FAR of 1.0. Tract area shall include all area in the approved Overall Development
Plan, exclusive of public street rights-of-way. Publicly owned buildings or
structures shall be excluded from FAR computations.
C. Setbacks. Setbacks shall be measured from the boundary of the tract or from
public street right-of-way.
Interior
Front Side Side Rear
Street Street Yard Yard
MDD-3 35' 35' 20' 35'
MDD-4 35' 35' 35' 35'
MDD-5 50' 50' 50' 50'
MDD-6 35' 35' 20' 35'
The minimum building setback shall be increased by 1/2 foot for each foot the building
height exceeds the minimum required setback, provided, however, the required interior
side yard setback shall not be less than 35 feet if the boundary of the tract adjoins land
zoned and used for residential purposes.
D. Maximum Building Height.
MDD-3 3 stories or 40 ft. whichever is less
MDD-4 4 stories or 50 ft. whichever is less
MDD-5 No maximum, height determined by required setbacks
MDD-6 No maximum, height determined by required setbacks
Subd. 7 Usable Lot Area. Usable lot area not less than the amount specified below shall be
provided on the tract. Publicly owned or operated civic, cultural or recreational facilities
located on the tract may be counted as usable lot area. The front yard and side yard
established by the required front street or side street setback and areas occupied by
driveways, parking areas and garages shall not be counted as usable lot area.
Per Dwelling Unit
MDD-3 400 sq. ft.
MDD-4 400 sq. ft.
MDD-5 200 sq. ft.
MDD-6 200 sq. ft.
Subd. 8 Special Requirements. In addition to the general requirements described in
850-81 Supplement 2008-01
City of Edina Land Use, Platting and Zoning 850.15
i
Subsection 850.07, the following special requirements shall apply:
A. Minimum Tract Area. The minimum tract area for subdistrict MDD-5 shall be
five acres. The minimum tract area for subdistrict MDD-6 shall be 40 acres.
B. Ownership or Control. The tract proposed for transfer to the Mixed
i
Development District shall be under common ownership and shall be planned and
developed as an integral unit.
C. Proposed Development Schedule. The Final Development Plan required by
Subsection 850.04 shall include a proposed schedule of construction of the major
components of the development as such major components are determined by the
Planner. The proposed schedule as approved by the Council shall become part of
the Final Development Plan. No more than 50 percent of the permitted gross floor
area of non-residential uses on the tract shall be constructed until a building permit
has been issued for, and construction begun on, at least 25 percent of the permitted
dwelling units.
D. Conditional Uses. Conditional uses shall:
1. Be contained within the same building as a principal use, except for
drive-through facilities.
2. Provide goods and services beneficial to the needs of the occupants and
residents of the principal uses and surrounding properties.
3. Have enclosed pedestrian access to the principal use.
E. Skyway Setbacks. In cases where pedestrian connections are made across and
above a street, the required setback for such connections may be reduced to zero
feet for a width of 120 feet.
F. Special Requirements for Retail Uses. Retail uses shall comply with the special
requirements provided by paragraphs, D, E, F, G, H, I, J, and K of Subd. 11 of
Subsection 850.16 of this Code.
850.15 Planned Office District (POD).
Subd. 1 Subdistricts. The Planned Office District shall be divided into the following
subdistricts:
Planned Office District - 1 (POD-1)
Planned Office District - 2 (POD-2)
Subd. 2 Principal Uses.
A. Business and professional offices.
B. Financial institutions including drive-through facilities, but excluding pawn
shops.
C. Post offices.
850-82 Supplement 2008-01
City of Edina Land Use, Platting and Zoning 850.15
D. Clubs, lodge halls and non-profit organizations, excluding those providing food
or beverage services in the building or on the lot.
E. Facilities for athletic, health or weight control purposes, including, but not
limited to, handball, racquetball, tennis, reducing salons and aerobic dance studios,
provided that no seating or other facilities shall be allowed for spectator usage.
F. Medical and dental offices and clinics.
G. Employment agencies.
H. Travel bureaus.
I. Day care.
J. Public or private colleges, universities or schools.
Subd. 3 Conditional Uses.
A. Funeral Homes and Mortuaries
Subd. 4 Accessory Uses.
A. Off-street parking facilities.
B. In buildings having a gross floor area of 40,000 square feet or more, ten
percent of the gross floor area may be occupied by retail uses allowed in the
PCD-1 District and PCD-2 District, provided that the accessory uses are accessible
only from the interior of the principal building and have no signs or displays
relative thereto visible from the outside of the principal building.
Subd. 5 Requirements for Building Coverage, Setbacks and Height.
A. Maximum Building Coverage: 30 percent of the tract.
B. Maximum Floor Area Ratio: 0.5 of the tract.
C. Setbacks - shall be measured from the boundary of the tract:
Interior
Front Side Side Rear
Street Street Yard Yard
35'* 35'* 20'* 20'*
* or the building height if greater.
D. Maximum Building Height.
POD-1 4 stories or 50 feet whichever is less
POD-2 no maximum; height is determined by required setbacks
Subd. 6 Special Requirements. In addition to the general requirements described in
Subsection 850.07, the following special requirements shall apply:
850-83 Supplement 2007-06
City of Edina Land Use, Platting and Zoning 850.16
A. Increased Setbacks. The front street or side street setback shall be increased to
not less than 50 feet when the principal use is located across the street from an R-1
District used for residential purposes. When the Planned Office District is an
integral part of either a Planned Industrial District or a Planned Commercial
District, the front street setback and the side street setback shall be not less than
those prescribed for the major district.
B. Proximity to R-1 District. The following minimum distance shall be provided
between the closest point of the office building closest to an R-1 District and the
nearest lot line of an R-1 District used for residential purposes.
Office Building Height Distance to R-1 District
5-6 stories Twice the building height of the office
building.
7 - 8 stories Four times the building height of the
office building.
9 or more stories Six time the building height of the
office building
C. Building Design and Construction. In addition to other restrictions of this
Section and of Section 410 of this Code, the use, construction, alteration or
enlargement of any building or structure within the Planned Office District shall
meet the following standards:
1. All exterior wall finishes on any building shall be one or a combination
of the following:
a. face brick;
b. natural stone;
c. specially designed precast concrete units if the surfaces have
been integrally treated with an applied decorative material or i
texture;
d. factory fabricated and finished metal framed panel construction if
the panel materials are any of those noted above; or
e. glass or pre-finished metal (other than unpainted galvanized
iron).
2. All subsequent additions, exterior alterations and accessory buildings
constructed after the erection of an original building or buildings shall be
constructed of materials comparable to those used in the original
construction and shall be designed in a manner conforming to the original
architectural design and general appearance.
850.16 Planned Commercial District (PCD).
Subd. 1 Subdistricts. The Planned Commercial District shall be divided into the
following subdistricts:
Planned Commercial District - 1 (PCD-1)
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City of Edina Land Use, Platting and Zoning 850.16
Planned Commercial District - 2 (PCD-2)
Planned Commercial District - 3 (PCD-3)
Planned Commercial District - 4 (PCD-4)
Subd. 2 Principal Uses in PCD-1.
Antique shops.
Art galleries.
Art studios.
Bakeries, provided the room or rooms containing the preparation and baking
process shall not have a gross floor area in excess of 2,500 square feet.
Barber shops.
Beauty parlors.
Bicycle stores, including rental, repair and sales.
Book and stationery stores.
Camera and photographic supply stores.
Candy and ice cream stores.
Clothes pressing and tailoring shops.
Clothing stores not exceeding 2,500 square feet of gross floor area.
Clubs, lodge halls and meeting rooms, offices and other facilities for non-profit
organizations not exceeding 2,500 square feet of gross floor area.
Coin and philatelic stores.
Day care.
Drug stores.
Dry cleaning establishments and laundries.
Employment agencies.
Financial institutions, but excluding drive-through facilities and pawn shops.
Florist shops.
Food, grocery, meat, fish, bakery and delicatessen stores.
Garden supply, tool and seed stores.
Gift shops.
Handball courts, racquetball courts and exercise and reducing salons.
850-85 Supplement 2007-06
City of Edina Land Use, Platting and Zoning 850.16
Hardware stores.
Hobby shops for the sale of goods to be assembled and used off the premises.
Household furnishings, fixtures and accessory stores not exceeding 2,500 square
feet of gross floor area.
Interior decorating establishments.
Jewelry stores.
Launderettes.
Leather goods stores.
Liquor stores, municipally owned, off-sale.
Locksmith shops.
Medical and dental clinics.
Music and video sales and rental stores.
Musical instruments stores and repair shops.
Newsstands.
Offices, including both business and professional.
Optical stores.
Paint and wallpaper stores not exceeding 2,500 square feet of gross floor area.
Personal apparel stores not exceeding 2,500 square feet of gross floor area.
Picture framing and picture stores.
Repair stores and "fix-it" shops which provide services for the repair of home,
garden, yard and personal use appliances.
Restaurants, but excluding "drive-ins" and drive-through facilities.
Schools.
Second-hand stores not exceeding 2,500 square feet of gross floor area, but
excluding pawn shops.
Shoe sales or repair stores.
Sporting and camping goods stores not exceeding 2,500 square feet of gross floor
area.
Tailor shops.
Tobacco shops.
i
Toy shops.
850-86 Supplement 2007-06
City of Edina Land Use, Platting and Zoning 850.16
Travel bureaus and transportation ticket offices.
Variety, gift, notion and soft goods stores.
Vending machines which are coin or card operated, but excluding amusement
devices.
Subd. 3 Principal Uses in PCD-2.
Any principal use permitted in PCD-1.
Amusement and recreation establishments such as amusement arcades, commercial
bowling alleys and pool halls.
Animal hospitals and kennels, but excluding establishments with outside runs.
Automotive accessory stores, but excluding repair and service garages.
Blueprinting, printing and Photostatting establishments.
Business machine sales and service shops.
Catering establishments:
Clothing stores.
Clubs, lodge halls and meeting rooms, offices and other facilities for non-profit
organizations.
Commercial kennels as defined by Subsection 300.01 of the City Code.
Currency exchanges as defined in M.S. 53A.
Department stores not exceeding 40,000 square feet of gross floor area.
Dry goods stores.
Electrical and household appliance stores, including radio and television sales and
service.
Exterminating offices.
Fabric stores.
Frozen food stores including the rental of lockers in conjunction therewith.
Furniture stores including upholstering when conducted as an incidental part of the
principal use.
Fraternal, philanthropic and charitable institution offices and assembly halls.
Furrier shops including the storage and conditioning of furs when conducted as an
incidental part of the principal use.
Home repair, maintenance and remodeling stores and shops.
Hotels, motels and motor inns.
850-87 Supplement 2007-06
City of Edina Land Use, Platting and Zoning 850.16
Household furnishings, fixtures and accessories stores.
Laboratories, medical and dental.
Office supplies stores.
Orthopedic and medical appliance stores, but excluding the manufacturing or
assembly of appliances or goods.
Paint and wallpaper stores.
Personal apparel stores.
Pet shops.
Photography studios.
Post offices.
Public utility service stores.
Rental agencies for the rental only of clothing, appliances, automobiles, cartage
trailers, and household fixtures, furnishings and accessories, excluding pawn
shops.
Schools for teaching music, dance or business vocations.
Sporting and camping goods stores.
Taxidermist shops.
Telegraph offices.
Theaters, but excluding outdoor or "drive-in" facilities.
Ticket agencies.
Trading stamps redemption stores.
Undertaking and funeral home establishments.
Subd. 4. Principal Uses in PCD-3.
Any principal use permitted in PCD-2, except offices requiring the issuance of a
conditional use permit.
Department stores or shopping centers exceeding 40,000 square feet of gross
floor area.
Transit stations.
Publicly owned uses.
i
Sexually oriented businesses.
850-88 Supplement 2007-06
City of Edina Land Use, Platting and Zoning 850.16
Subd 5. Principal Uses in PCD-4.
Automobile service centers.
Car washes.
Gas stations.
Subd. 6. Conditional Uses.
A. PCD-1 and PCD-2. Multi-residential uses.
B. PCD-3.
Automobile agencies selling new, unused vehicles.
Boat or marine stores or agencies selling or displaying new, unused boats.
Multi-residential uses.
Offices except offices allowed as a permitted accessory use.
All non-residential uses that increase the FAR to more than 0.5.
Subd. 7. Accessory Uses in PCD-1.
Off-street parking facilities.
Buildings for the storage of merchandise to be retailed by the related principal use.
Not more than two amusement devices.
Drive through facilities, except those accessory to i) financial institutions, and ii)
food establishments as defined in Section 721 of the City Code
Produce stands pursuant to a permit issued by the Manager
Subd. 8. Accessory Uses in PCD-2.
All accessory uses allowed in PCD-1.
Drive-through facilities.
Amusement devices.
Subd. 9. Accessory Uses in PCD-3.
All accessory uses permitted in PCD-1 and PCD-2.
Automobile or boat and marine stores or agencies selling used automobiles or
boats, if(i) such a use is accessory to and on the same lot as a related principal use
selling new automobiles or boats, and (ii) the total floor area and lot area devoted
to the accessory use does not exceed that of the principal use.
Repair garages for servicing motor vehicles, if such a use is on the same lot as an
850-89 Supplement 2007-06
City of Edina Land Use, Platting and Zoning 850.16
automobile agency.
Offices accessory to an allowed principal use.
Subd. 10. Accessory Uses in PCD-4.
Accessory car washes.
Retail sales of convenience goods.
Gasoline sales accessory to a car wash.
Subd. 11. Requirements for Building Coverage, Setbacks and Height.
A. Maximum Floor Area Ratio (subject to the requirements of Subd. 12 of this
Subsection)
PCD-1 1.0 of the tract
PCD-2 1.5 of the tract
PCD-3 i) North of West 70' Street: 1.0 of the tract provided
that non-residential uses may not exceed 0.75.
ii) South of West 70`' Street: 0.5 of the tract.
PCD-4 0.3 of the tract
B. Setbacks (Subject to the requirements of paragraphs A. and B. of Subd. 11 of
this Subsection).
Front Side Side Rear
Yard Yard Yard Yard
PCD-1 35'* 25'* 25'* 25'*
PCD-2 35'* 25'* 25'* 25'*
PCD-3
North of 70`' St 35'** 35'** 35'** 35'**
South of 70t St. 50** 50** 50** 50**
PCD-4 35' 25' 25' 25'
Gas Stations
All other uses 45' 25' 45' 25'
* or the building height if greater
** Subject to the requirements of Subd. 12 of this Subsection.
C. Maximum Building Height.
PCD-1 Two stories
PCD-2 Four stories or 50 feet whichever is less
PCD-3 Maximum height is determined by Paragraphs C
and D of Subd. 12 of this Subsection.
PCD-4 One story
Subd. 12. Special Requirements. In addition to the general requirements described in
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City of Edina Land Use, Platting and Zoning 850.16
Subsection 850.07, the following special requirements shall apply:
A. Established Average Front Street Setback for PCD-1 and PCD-2. When more than
25 percent of the frontage on one side of the street between intersections is occupied
by buildings having front street setbacks of greater or lesser distances than hereafter
required, then the average setback of the existing buildings shall be maintained by all
new or relocated buildings on the same side of that street and between the
intersections. If a building is to be built or relocated where there is an established
average setback, and there are existing buildings on only one side'of the building or
relocated building, the front street setback of the new or relocated building need be no
greater than that of the nearest adjoining principal building. If a building is to be built
or relocated where there is an established average setback and there are existing
buildings on both sides of the new or relocated building, the front street setback need
be no greater than that which would be established by connecting a line parallel with
the front line connecting the most forward portion of the adjacent principal building
on each side.
B. Interior Side Yard and Rear Yard Setbacks. Interior side yard and rear yard
setbacks including parking setbacks and loading facility setbacks apply only when the
side or rear lot line is a Planned Commercial District boundary.
C. Setbacks for PCD-3. The minimum building setback required by Paragraph B
of Subd. 11 of this subsection shall be increased as follows:
1. In the area bounded by France Avenue on the west, York Avenue on the
east and W. 70' Street on the south, the minimum building setback shall be
increased by 1/3 foot for each foot that the building exceeds 50 feet in building
height. For purposes hereof, only those portions of buildings which exceeds
50 feet in building height need provide the additional setbacks required by this
paragraph.
2. In all other areas, the minimum building setback shall be equal to the
building height for buildings taller than 50 feet.
Notwithstanding the requirement of this subsection, the City encourages i) ground
level retail and service uses that create an active pedestrian and streetscape
environment and ii) pedestrian connections by way of skyways and tunnels and,
therefore, the City Council will consider exceptions to setback requirements for
these purposes.
D. Maximum Building Height in PCD-3. Maximum building height in the PCD-3
subdistrict shall be as follows:
1. In the area bounded by France Avenue on the west, York Avenue on the east
and W. 70th Street on the south, the maximum building height shall be 18
stories or 225 feet, whichever is less.
2. In the area located west of France Avenue and the area located east of York
Avenue, the maximum building height shall be four stories or 50 feet,
whichever is less.
3. In all other areas, the maximum building height shall be equal to the
required setback.
850-91 Supplement 2007-06
City of Edina Land Use, Platting and Zoning 850.16
E. Travel Demand Management. Final development plans for any office use in
the PCD-3 subdistrict which requires the issuance of a conditional use permit shall
include a travel demand management (TDM) plan prepared by an independent
TDM professional. The plan must document TDM measures and performance
measures to be implemented. Approval of the TDM plan by the City shall be a
condition of the issuance of the conditional use permit.
F. On Site Sanitary Sewage Retention System. This paragraph applies to
properties served by Metropolitan Sewer Interceptor No. 1-RF-491. Final
development plans for any new buildings or uses in the PCD-3 subdistrict that
require the issuance of a conditional use permit shall include plans for storage
tanks and other facilities designed to retain on-site sanitary sewer discharges
during peak flow conditions that would otherwise enter the City's sanitary sewer
system. Such plans must be prepared by a licensed professional engineer
acceptable to the City. The plans must provide for facilities designed to prevent
discharges to the sanitary sewer system during peak flow conditions, in amounts
and volumes that exceed discharges that existed prior to construction of the
buildings and uses proposed by the final development plans. Approval of the
sanitary sewer retention system shall be a condition of the conditional use permit.
In lieu of constructing a storage tank, a cash fee equal to the cost of constructing
the storage tank may be paid to the city. The fee shall be placed in a dedicated
fund to pay for the cost of reducing inflow and infiltration into the sanitary sewer
system. A credit against the fee shall be given for any expenditures made to
reduced inflow and infiltration on-site. Section 850.16, subd. 12, paragraph F of
the Edina City Code is repealed effective the day that the capacity of Metropolitan
Sewer Interceptor No. 1-RF-491 is improved to increase its capacity by at least
+/- 69%.
G. Proximity to R-1 District. The following minimum distance shall exist between
buildings in the Planned Commercial District and the nearest lot line of an R-1
District lot used for residential purposes:
Building Height Distance to R-1 District
5-6 stories Twice the building height of the building
the Planned Commercial District.
7-8 stories Four times the building height of the buildit
in the Planned Commercial District.
9 or more stories Six times the building height of the building
the Planned Commercial District.
H. Storage. All materials, supplies, merchandise and other similar materials not on
display for direct sale, rental or lease to the ultimate consumer shall be stored within a
completely enclosed building or within the confines of a completely opaque wall or
fence capable of completely screening all the materials from adjoining properties. The
wall or fence under no circumstances shall be less than five feet in height.
I. Displays. Merchandise which is offered for sale may be displayed outside of
buildings in the PCD-1, PCD-2 and PCD-3 subdistricts, provided the area occupied
by the display shall not exceed ten percent of the gross floor area of the building or
portion thereof housing the principal use. No displays shall be permitted within that
850-92 Supplement 2007-06
City of Edina Land Use, Platting and Zoning 850.16
half of the required front street or side street setback nearest the street, nor within any
required side yard or rear yard setback. Agencies selling automobiles or boats, as
permitted by this Section, may display automobiles or boats outside of a building if
the area used for the displays shall comply with all the standards for a parking lot
including construction, setbacks, landscaping and screening as contained in this
Section.
J. Minimum Building Size. The minimum size for any building housing one or more
principal uses in the PCD-1, PCD-2 or PCD-3 subdistricts shall be 1,000 square feet
of gross floor area within the first story.
K. Outdoor Sales, Tent Sales and Trailer Sales Prohibited. Except for the dispensing
of motor fuels and the use of drive-through facilities permitted by this Section, all
sales of products and merchandise, and dispensing of services, shall be conducted
from within the confines of a permanent building totally enclosed by four walls and a
roof. The sale of products and merchandise, and the dispensing of services, from a
motor vehicle, trailer, tent or other temporary structure or shelter, or outside of a
permanent building as above described, is prohibited.
L. Building Design and Construction. In addition to the other restrictions of this
Section and of Section 410 of this Code, the use, construction, alteration or
enlargement of any building or structure within the Planned Commercial District shall
meet the following standards:
1. All exterior wall finishes on any building shall be one or a combination
of the following:
a. face brick;
b. natural stone;
c. specially designed precast concrete units if the surfaces have
been integrally treated with an applied decorative material or
texture;
d. factory fabricated and finished metal framed panel construction
if the panel materials are any of those noted above; or
e. glass or prefinished metal (other than unpainted galvanized
iron).
2. All subsequent additions, exterior alterations and accessory buildings
constructed after the erection of an original building or buildings shall be
constructed of the same materials as the original building and shall be designed
in a manner conforming to the original architectural design and general
appearance.
M. Performance Standards. All business operations shall conform to the performance
standards established by this Section for the Planned Industrial District provided that
the performance standards shall be applied, and must be complied with, at the
boundaries of the lot on which the business operations take place.
N. Maximum Business Establishment Size in PCD-1 Subdistricts. No use in the
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City of Edina Land Use, Platting and Zoning 850.16
PCD-1 subdistrict shall exceed 12,000 square feet of gross floor area or the lesser
gross floor area as is imposed on the use by Subd. 2 of this Subsection 850.16.
O. Drive-In Uses. Except for the dispensing of motor fuels, drive-in uses shall not be
permitted. Nothing herein contained, however, prohibits accessory drive-through
facilities where permitted by this Subsection 850.16.
P. Automobile Service Centers and Gas Station Standards.
1. Minimum lot area:
a. for an automobile service center, 20,000 square feet, plus 5,000
square feet for each service bay in excess of three.
b. for a gas station, 15,000 square feet.
2. Maximum lot area: 60,000 square feet.
3. Hydraulic hoists, pits, lubrication, washing, repairing and diagnostic
equipment shall be used and stored within a building.
4. Interior curbs of not less than six inches in height shall be constructed
to separate driving surfaces from sidewalks, landscaped areas and streets.
5. No automobile service station on a lot adjoining a lot in a residential
district shall be operated between the hours of 11:00 P.M. and 6:00 A.M.
6. All driving surfaces shall be constructed and maintained in the same
manner as prescribed for parking lots by this Section.
7. No merchandise shall be displayed for sale outside a building except
in that area within four feet of the building or within pump islands used for
dispensing motor fuels.
8. No motor vehicles except those owned by the operators and employees
of the principal use, and vehicles awaiting service, shall be parked on the
lot occupied by the principal use. Vehicles being serviced may be parked
for a maximum of 48 hours.
9. Body work and painting is prohibited.
10. No buildings, driveway surfaces, parking areas or other improvements
shall be located within 110 feet of any portion of a lot in a residential
district which is used for residential purposes if separated from the lot by a
street, or within 50 feet if not so separated by a street.
11. Pump islands shall maintain a front and side street setback of at least
20 feet and an interior side yard and rear yard setback of at least 25 feet.
12. Notwithstanding the requirements of Subsection 850.08, driveways
and drive aisles need only provide a setback of not more than five feet from
all lot lines, subject to the requirements of subparagraph 10. of paragraph
L. of this Subd. 11.
Q. Car Wash Standards.
850-94 Supplement 2007-06
City of Edina Land Use, Platting and Zoning 850.17
1. A car wash shall be subject to the same standards as specified herein for
automobile service centers.
2. All waste water disposal facilities, including sludge, grit removal and
disposal equipment, must be approved by the Engineer prior to installation.
3. Not more than one point of ingress and one point of egress shall be
allowed from any one public street to the car wash.
R. Standards for Sexually-Oriented Businesses.
1. No sexually-oriented business shall be located closer than 500 feet from any
other sexually-oriented business or licenses day-care facility. Measurements
shall be made in a straight line, without regard to intervening structures or
objections, from the nearest point of the actual premises of the sexually-
oriented business or licenses day-care facility.
2. No sexually-oriented business shall be located closer than 500 feet from any
property in the R-1, R-2, PRD, PSR or MDD District, or any residentially
zoned property in the city adjoining the City. Measurements shall be made in a
straight line, without regard to intervening structures objects, from the nearest
point of the actual business premises of the sexually-oriented business to the
nearest boundary of the R-1, R-2, PRD, PSR, or MDD District.
S. Standards for Residential Dwelling Units.
1. No part of any dwelling unit shall be located in a basement or on the first story
of a building in the PCD-1 or the PCD-2 subdistricts.
2. In the PCD-1 and the PCD-2 subdistricts, the floor area of that portion of a
building used for multi-residential purposes shall not be included for the purpose
of calculating the maximum floor area ratio allowed by Paragraph A of Subd. 11
of this Subsection.
3. In the PCD-3 subdistrict, the floor area of buildings or portions thereof used
for multi- residential purposes shall be included for the purpose of calculating
the maximum floor area ratio allowed by Paragraph A of Subd. 11 of this
Subsection.
4. In the PCD-3 subdistrict, the maximum floor area ratio allowed by
Paragraph A of Subd. 11 of this Subsection may be increased by .25 by
including the floor areas of dwelling units classified as affordable housing units
pursuant to an agreement with the Housing and Redevelopment Authority of
Edina.
850.17 Planned Industrial District (PID)
Subd. 1 Principal Uses.
A. All principal uses allowed in the Planned Office District.
B. Manufacturing, compounding, processing, packaging, treatment and assembly
of products and materials.
C. Scientific research, investigation, testing or experimentation.
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City of Edina Land Use, Platting and Zoning 850.17
D. Warehousing of non-perishable products, if the products are owned by or
consigned to the owner of the principal use or its lessee, and further, if the owner
or lessee does not establish the principal use in the capacity of a carrier for the
purpose of a freight operation.
E. Businesses that provide a service to the consumer on the consumer's property
and not on the lot occupied by the principal use, including, but not limited to,
building contractors, plumbing contractors, swimming pool construction and
service companies and exterminating offices.
F. Blueprinting, Photostatting and printing shops.
G. Office equipment showrooms and repair services.
H. Mini-storage warehouses for storage of domestic supplies, recreational vehicles
and equipment and other private property, if the owner of the private property is
responsible for transporting the property to and from the principal use, and further,
if the owner of the principal use does not establish the use as a carrier for the
purpose of a freight operation.
I. Animal hospitals, but excluding establishments with outside runs.
J. Currency exchanges as defined in M.S. 53A.
Subd. 2 Conditional Uses.
A. Religious Institutions, including churches, synagogues, chapels, temples and
mosques.
Subd. 3 Accessory Uses.
A. Warehousing of products manufactured by the principal use.
B. Offices and administrative facilities.
C. Shipping and receiving spaces, mailing rooms and order pick-up facilities.
D. Cafeterias, educational facilities, vending services and recreational
establishments for persons employed by the business comprising the principal use.
E. Within buildings having office space comprising not less than 40,000 square
feet of gross floor area, ten percent of the gross floor area may be occupied by
retail uses allowed in the PCD-1 and PCD-2 Districts, if the accessory uses are
accessible only from the interior of the principal building and have no signs or
displays relative to it visible from the outside of the principal building.
F. Temporary retail sales pursuant to a permit issued in accordance with this
Subsection 850.17.
G. Off-street parking facilities.
H. Commercial kennels as defined in Subsection 300.01 of this Code, which are
accessory to animal hospitals, but excluding kennels with outside runs.
Subd. 3 Requirements for Building Coverage, Setback and Height.
A. Minimum Tract Area. No tract of land shall be transferred to the Planned
Industrial District unless the tract measures at least ten acres in area or is
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City of Edina Land Use, Platting and Zoning 850.17
contiguous to other land in the Planned Industrial District.
41.
B. Minimum Lot Area. Two acres.
C. Minimum Building Area. Each building shall have a gross floor area of not less
than 10,000 square feet.
D. Maximum Building Coverage.
1. Lots of less than three acres: 30 percent.
2. Lots of three acres or more: 45 percent.
a. may be increased to 60 percent if the total gross floor area on the
lot is contained within a single building and all portions of any loading
docks and berths are completely enclosed within the same single
building.
E. Maximum FAR: 0.5
1. May be increased to 0.6 for buildings which qualify for 60 percent
building coverage as provided in paragraph D of Subd. 3 of this Subsection
850.17.
F. Setbacks.
Interior
Front Side Side Rear
Street Street Yard Yard
50'* 50'* 20'* 20'*
* or the building height if greater.
G. Maximum Building Height. Four stories or 50 feet whichever is less.
Subd. 4 Special Requirements. In addition to the general requirements described in
Subsection 850.07, the following special requirements shall apply:
A. Increased Front Street and Side Street Setbacks. The minimum setback from a
street shall be increased to 75 feet if the tract is located across the street from
property in a residential district used for residential purposes.
B. Increased Side Yard and Rear Yard Setbacks. The minimum setback from an
interior lot line shall be increased to 100 feet if the lot line adjoins property in a
residential district used for residential purposes.
C. Temporary Retail Sales and Going out of Business Sales Permits.
1. The Manager may grant a permit for a temporary retail sale or going out
of business sale, if:
a. the temporary retail sale shall not exceed three consecutive days,
and the going out of business sale shall not exceed ten consecutive
days;
b. not more than two temporary retail sale permits may be issued to
any one person, firm, affiliate, subsidiary or building in a calendar
year, and further provided that the two permitted sales must occur at
least 60 days apart. Not more than one going out of business sale
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City of Edina Land Use, Platting and Zoning 850.17
permit may be issued to any one person, firm, affiliate or subsidiary
in a three-year period; and
c. an application for the permit must be filed with the Planner on
forms provided by the Planner not less than 30 days before the
beginning of the sale. The application shall be co-signed by the owner
of the lot or building and accompanied by an application fee as
specified in Section 185 of this Code.
2. The Manager shall not issue a permit without finding that:
a. the sale will not impair the safe movement of traffic in the vicinity
and will not impact surrounding residential areas;
b. adequate facilities for off-street parking are available;
c. all buildings housing the sale have adequate fire protection facilities
and ingress and egress for the public;
d. the sale will not conflict with other scheduled sales in the vicinity;
e. prior sales conducted by the applicant conformed to the
requirements of this Section; and
f. adequate personnel for public safety purposes will be provided by
the applicant.
3. Additional requirements:
a. all goods shall be displayed and sold within the principal building;
b. no goods may be shipped to the building or lot especially for the
temporary retail sale or going out of business sale; and, if requested,
an inventory audit, spot check or verification of goods for sale shall be
given to the Manager within ten days before the sale; and
c. a permit granted and unused may be transferred to another day or
days by the Manager upon written request received by the Manager at
least ten days prior to the requested sale.
D. Building Design and Construction. In addition to other restrictions of this
Section and of Section 410 of this Code, the use, construction, alteration or
enlargement of any building within the Planned Industrial District shall meet the
following standards:
1. All exterior wall finishes on any building shall be one or a combination
of the following materials:
a. face brick;
b. natural stone;
c. specially designed precast concrete units if the surfaces have been
integrally treated with an applied decorative material or texture;
850-98 Supplement 2007-06
City of Edina Land Use, Platting and Zoning 850.17
d. factory fabricated and finished metal framed panel construction if
the panel materials are any of those noted above; or
e. glass or prefinished metal (other than unpainted galvanized iron).
2. All subsequent additions, exterior alterations and accessory buildings
constructed after the erection of an original building or buildings shall be
constructed of materials comparable to those used in the original
construction and shall be designed in a manner conforming to the original
architectural design and general appearance.
E. Restrictions, Controls and Design Standards. Uses which because of the nature
of their operation are accompanied by an excess of noise, vibration, dust, dirt,
smoke, odor, noxious gases, glare or wastes shall not be permitted. These residual
features shall be considered as "excessive" when they either exceed or deviate from
the limitations set forth in the following performance specifications.
1. Noise. Noise shall be measured on any property line of the tract on
which the use is located. Noise shall be muffled so as not to become
objectionable due to intermittence, beat frequency, shrillness or intensity.
At the property line, the sound pressure level of noise radiated continuously
from a facility shall not exceed the decibel levels given in the following
table. The sound pressure level shall be measured with a sound level meter
and on an associated octave band analyzer, both of which shall be
manufactured according to current specifications prescribed by the
American Standard Association. Measurement shall be made using the flat
network of the sound level meter.
Octave Band Frequency Maximum
(Cycles Per Second) Decibel Level
20-75 65
76-150 60
151-300 55
301-600 46
601-1200 40
1201-2400 34
2401-4800 31
Over 4800 28
2. Vibration. No use shall at any time cause earth vibrations perceptible
beyond the limits of the tract on which the use is located.
3. Dust and Dirt. Solid or liquid particles shall not be emitted at any point
in concentrations exceeding 0.3 grains per cubic foot of the conveying gas
or air. For measurement of the amount of particles in gases resulting from
combustion, standard corrections shall be applied to a stack temperature of
500 degrees Fahrenheit and 50 percent excess air.
4. Smoke. Measurement shall be at the point of emission. The then most
850-99 Supplement 2007-06
City of Edina Land Use, Platting and Zoning 850.18
recent Ringleman Smoke Chart published by the United States Bureau of
Mines shall be used for the measurement of smoke and is hereby adopted
and incorporated into this Section by reference and made a part of this
Section. Smoke not darker or more opaque than No. 1 on the chart may be
emitted. However smoke not darker or more opaque than No. 2 on the chart
may be emitted for periods not longer than four minutes in any 30-minute
period. These provisions, applicable to visible grey smoke, shall also apply
to visible smoke of a different color but with an equivalent apparent
opacity.
5. Odor. The use shall not, at any time, cause the discharge of toxic,
noxious or odorous matter beyond the confines of the principal building in
such concentrations as to be detrimental to or endanger the public health,
welfare, comfort or safety.
6. Glare. Glare, whether directed or reflected, such as from spotlights or
high temperature processes, and as differentiated from general illumination,
shall not be visible beyond the limits of the tract from which it originates.
7. Liquid Wastes. Liquid wastes containing any organic or toxic matter
shall be discharged either into a public sanitary sewer or treated in a manner
prescribed by the Health Department. The rate of liquid waste discharged
into the City's sanitary sewerage system shall not exceed 200 gallons per lot
per hour between the hours of 9:00 A.M. and 12:00 noon.
In order to ensure compliance with the performance standards set forth above, the
Planner may require the owner or operator of any use to make, without cost to the
City, investigations and tests as the Planner deems necessary, to show adherence
to the performance standards. The investigations and tests shall be done by an
independent testing organization approved by the Planner.
F. Mini-Storage Warehouse Standards.
1. No doors through which personal property is loaded or unloaded shall be
located on a side of a building which faces a residential district.
2. In addition to the requirements in this subsection for temporary retail
sales permits, the following requirements shall apply:
a. no more than two temporary retail sale permits per principal
building, or per lot if there is more than one principal building on the
lot, shall be issued annually in accordance with the provisions of this
paragraph; and
b. the permit shall be applied for only by the owner of the principal
building, the intention being that each lessee within the mini-storage
building shall not be eligible individually for a temporary retail sales
permit.
3. Only non-perishable and non-volatile products may be stored.
850.18 Regional Medical District (RMD)
Subd. 1 Principal Uses.
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City of Edina Land Use, Platting and Zoning 850.18
A. Hospitals.
B. Medical and dental offices and clinics.
C. Laboratories for performing medical or dental research, diagnostic testing,
analytical or clinical work, having a direct relationship to the providing of health
services, including, but not limited to, medical research, radiology, hematology,
serology, immunology, allergy, biochemistry, basal metabolism, microbiology,
parasitology, pathology, histology, cytology, toxicology and pharmacology.
Laboratories engaged in the production or manufacture of goods or products for
commercial sale or distribution shall not be considered laboratories within the
meaning and intent of this paragraph.
Subd. 2 Accessory Uses.
A. Living quarters and recreational and educational facilities for nurses, interns,
staff members, hospital employees and volunteers, if the uses are located within or
are contiguous to the principal building.
B. Off-street parking facilities for ambulances, service trucks and automobiles
owned by tenants, employees, patients and visitors.
C. Within principal buildings having a gross floor area of 40,000 square feet or
more, ten percent of the floor area may be occupied by retail uses allowed in the
PCD-1 and PCD-2 subdistricts, if the primary function of the uses is to serve the
needs of occupants of, and visitors to, the principal use.
D. Helistops for use by helicopters involved in emergency rescue operations.
Subd. 3 Requirements for Building Coverage, Setbacks and Height.
A. FAR: 1.0.
B. Setbacks.
Interior
Front Side Side Rear
Street Street Yard Yard
35'* 35'* 20'* 20'*
* or the building height if greater.
C. Building Height. No maximum; height is determined by required setbacks.
D. Minimum Tract Area. No tract of land shall be transferred to the Regional
Medical District unless the tract measures at least ten acres in area or is contiguous
to other land in the Regional Medical District.
Subd. 4 Special Requirements. In addition to the general requirements described in
Subsection 850.07, the following special requirements shall apply.
A. All uses shall conform to the same requirements as are established by this
Section for the Planned Office District (POD).
B. All uses shall comply with the same standards for residual features as are
established by this Section for the Planned Industrial District (PID)
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City of Edina Land Use, Platting and Zoning 850.20
850.19 Automobile Parking District (APD)
Subd. 1 Principal Uses.
A. Parking lots.
B. Drive-through banking facilities.
Subd. 2 Conditional Uses.
A. Parking ramps and garages.
Subd. 3 Requirements for Setbacks.
A. Parking Lots.
Interior
Front Side Side Rear
Street Street Yard Yard
20' 20' 10' 10'
B. Parking Ramps, Garages and Other Structures.
Interior
Front Side Side Rear
Street Street Yard Yard
35'* 35'* 20'* 20'*
* or the building height if greater.
Subd. 4 Special Requirements. In addition to the general requirements described in
Subsection 850.07, the following special requirements shall apply.
7. No parking ramp, garage or other structure, or any part thereof, shall be located
within 50 feet of the nearest lot line of any property in a residential district used for
residential purposes.
8. The front street or side street setback for parking ramps and garages, and other
structures, shall be increased to 50 feet when the ramp, garage or structure is
located across the street from a property in an R-1 District used for residential
purposes.
9. All exterior wall finishes of a parking ramp or garage shall be of materials that are
compatible with those of existing nearby structures and shall be one or a
combination of the following materials which shall be determined by the Council in
connection with the granting of a Conditional Use Permit:
d. Face brick.
e. Natural stone.
f. Specially designed precast concrete units if the surfaces have been integrally
treated with an applied decorative material or texture.
850.20 Edina Heritage Landmarks
Subd 1 Purpose. The zoning classification of Edina Heritage Landmark is
established to promote the preservation, protection and use of significant heritage
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City of Edina Land Use, Platting and Zoning 850.20
resources in the City. Heritage landmarks shall be nominated by the Heritage
Preservation Board and designated by Council resolution.
Subd. 2 Eligibility Criteria. The following criteria will guide the Heritage
Preservation Board and the Council in evaluating potential heritage landmark
designations:
A. The quality of significance in history, architecture, archeology, and culture
present in buildings, sites, structures, objects and districts that reflects:
1. Association with important events or patterns of events that reflect
significant broad patterns in local history; or
2. Association with the lives of historically significant persons or groups
significant; or
3. Embodiment of the distinctive characteristics of an architectural style,
design, period, type, or method of construction; or that possess high
artistic values, or that represent a significant and distinguishable entity
whose components may lack individual distinction; or
4. Important archeological data or the potential to yield important
archeological data.
B. The retention of specific aspects of historical integrity, including location,
design, setting, materials, workmanship, feeling, and association, that convey
significance as a heritage resource worthy of preservation.
Subd. 3 Determination Of Eligibility. The Heritage Preservation Board shall review
the inventory of heritage resources and evaluate the significance of all properties identified
by survey. If it determines that a surveyed heritage resource appears to meet at least one
of the heritage landmark eligibility criteria, the Heritage Preservation Board may by
majority vote issue a determination of eligibility for planning purposes.
Subd 4. Nomination Of A Heritage Landmark. Nomination of a property to be
considered for designation as an Edina Heritage Landmark shall be submitted to the
Council by the Heritage Preservation Board. Each nomination shall be accompanied by a
heritage landmark nomination study prepared by the City Planner. This study shall:
A. Identify and describe in detail the heritage resource being nominated;
B. Explain how the property meets one or more of the heritage landmark
eligibility criteria;
C. Make the case for historical significance and integrity; and
D. Recommend a plan of treatment for the heritage resource, with
guidelines for design review and specific recommendations for preservation,
rehabilitation, restoration, and reconstruction as appropriate.
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City of Edina Land Use, Platting and Zoning 850.20
The study shall be accompanied by a map that clearly locates the property, a detailed
plan of the nominated heritage resource, and archival quality photographs that
document significant features of the building, site, structure, object, or district.
Subd. 5. State Historic Preservation Office Review. The City Planner shall submit all
heritage landmark nominations to the state historic preservation officer for review and
comment within sixty (60) days.
Subd. 6. Planning Commission Review. The City Planner shall submit all heritage
landmark nominations to the city planning commission for review and recommendations
prior to any Council action.
Subd. 7 Public Hearing. On receipt of the heritage landmark nomination documents
and the comments of the state historic preservation office and the city planning
commission, the Council shall hold a public hearing to consider the proposed landmark
designation.
Subd. 8 City Council Designation. The Council may designate a property as an Edina
Heritage Landmark by resolution.
Subd. 9 Designation Of Heritage Landmarks On Zoning Map. The Planning
Commission shall place all designated heritage landmarks on the official city-zoning
map.
Subd. 10 Review Of Permits.
A. To protect significant heritage resources, the Heritage Preservation Board
shall review all applications for city permits for the following types of work in
relation to a designated heritage landmark:
1. Demolition of any building or structure, in whole or in part;
2. Moving a building or structure to another location;
3. Excavation of archeological features, grading or earth moving in areas
believed to contain significant buried heritage resources; and
4. New construction.
B. No city permits for the types of work described in paragraph A. of this
subsection will be issued without a certificate of appropriateness signed by
the Planner and approved by the Heritage Preservation Board evidencing
compliance with the comprehensive heritage preservation plan. Applications
for a certificate of appropriateness shall be made on forms provided by the
Planning Department and shall be accompanied by the fee set forth in
Section 185 of this Code. The application shall be accompanied by plans
and drawings to scale, which clearly illustrate, to the satisfaction of the
Planner, the work to be undertaken if the permit is granted. Certificates of
appropriateness may be granted subject to conditions
C. Permit review decisions shall be based on the Secretary of the Interior's
Standards for the Treatment of Historic Properties, the Comprehensive
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City of Edina Land Use, Platting and Zoning 850.21
Heritage Preservation Plan, and the heritage landmark preservation study for
each designated property.
D. The City Planner and the Heritage Preservation Board shall complete
their review of applications for city permits requiring certificates of
appropriateness within forty-five (45) days of the date of application.
E. The City Planner and the Heritage Preservation Board may issue
certificates of appropriateness for work projects submitted voluntarily by
owners of heritage resources.
F. To assure compliance with the goals and policies of the comprehensive
heritage preservation plan, the Heritage Preservation Board shall review
every application for a preliminary plat, conditional use permit, variance, or
rezoning in relation to a designated heritage landmark; and the City planning
commission shall give the Heritage Preservation Board a reasonable
opportunity to comment on such projects before making its recommendation
to the Council.
Subd. 11 Appeals Any party aggrieved by a decision of the Heritage Preservation
Board or an administrative official may appeal such decision by filing a written appeal
with the City Clerk no later than ten days after the decision of the Heritage Preservation
Board or the administrative official. If not so filed, the right of appeal shall be deemed
waived and the decision of the Heritage Preservation Board or administrative official
shall be final. Upon receipt of the appeal, the City Clerk shall transmit a copy of said
appeal to the Heritage Preservation Board. The Council shall hear and decide all
appeals in the manner provided by paragraph H of Subsection 850.04 of the Code.
Subd. 12. Violation. Violations of the provisions of this chapter or the conditions of
approval granted thereunder shall be a misdemeanor. This chapter may also be
enforced by injunction, abatement, or any other appropriate remedy in any court of
competent jurisdiction.
Subd. 13 Maintenance Of Heritage Landmark Properties. Every owner or person
in possession of a designated heritage landmark shall keep the property in good repair.
850.21 General Flood Plain District (FD).
Subd. 1. Statutory Authorization, Findings Of Fact And Purpose
A Statutory Authorization: The legislature of the State of Minnesota has, in
Minnesota Statutes Chapter 103F and Chapter 462 delegated the responsibility
to local government units to adopt regulations designed to minimize flood
losses. Therefore, the Council does adopt this Subsection 850.21
B. Findings of Fact. In addition to the findings set forth in Subsection 850.01
of this Code, its is hereby further found and declared that:
1. The flood hazard areas of the City are subject to periodic inundation
which results in potential loss of life, loss of property, health and safety
850-105 Supplement 2007-06
City of Edina Land Use, Platting and Zoning 850.21
hazards, disruption of commerce and governmental services,
extraordinary public expenditures or flood protection and relief, and
impairment of the tax base, all of which adversely affect the public
health, safety, and general welfare.
2. Methods Used to Analyze Flood Hazards. This Subsection is based
upon a reasonable method of analyzing flood hazards, which is consistent
with the standards established by the Minnesota Department of Natural
Resources.
3. National Flood Insurance Program Compliance. This Subsection is
adopted to comply with the rules and regulations of the National Flood
Insurance Program codified as 44 Code of Federal Regulations Parts 59 -
78, as amended, so as to maintain the community's eligibility in the
National Flood Insurance Program.
C. Statement of Purpose: It is the purpose of this Subsection 850.21 to
promote the public health, safety, and general welfare and to minimize those
losses described in Subd. 1. of Paragraph B. of Subd. 1 of this Subsection
850.21 by provisions contained herein.
Subd. 2. Definitions. The words and phrases used in this Subsection 850.21 shall be
interpreted so as to give them the same meaning as they have in common usage and so
as to give this subsection its most reasonable application. However, they shall be
subject to the rules of construction and definitions in Subsection 850.03 and, to the
extent defined below shall have the following meanings for purposes of this Subsection
Accessory Use or Structure. As defined in Subsection 850.03.
Basement. Any area of a structure, including crawl spaces, having its floor or
base subgrade (below ground level) on all four sides, regardless of the depth of
excavation below ground level. This definition shall apply only to this
Subsection 850.21 and for purposes of this Subsection, this definition shall
control over the definition in Subsection 850.03.
Conditional Use. As defined in Subsection 850.03.
Equal Degree of Encroachment. A method of determining the location of
floodway boundaries so that flood plain lands on both sides of a stream are
capable of conveying a proportionate share of flood flows.
Flood. A temporary increase in the flow or stage of a stream or in the stage of
a wetland or lake that results in the inundation of normally dry areas.
Flood Frequency. The frequency for which it is expected that a specific flood
stage or discharge may be equaled or exceeded.
Flood Fringe. That portion of the flood plain outside of the floodway. Flood
fringe is synonymous with the term "floodway fringe" used in the Flood
850-106 Supplement 2007-06
City of Edina Land Use, Platting and Zoning 850.21
Insurance Study for the City developed by the Federal Emergency Management
Agency.
Flood Plain. The beds proper and the areas adjoining a wetland, lake or
watercourse which have been or hereafter may be covered by the regional flood.
Flood Proofing. A combination of structural provisions, changes, or
adjustments to properties and structures subject to flooding, primarily for the
reduction or elimination of flood damages.
Floodway. The bed of a wetland or lake and the channel of a watercourse and
those portions of the adjoining flood plain which are reasonably required to
carry or store the regional flood discharge.
Lowest Floor. The lowest floor of the lowest enclosed area (including
basement). An unfinished or flood resistant enclosure, used solely for parking
of vehicles, building access, or storage in an area other than a basement area, is
not considered a building's lowest floor.
Manufactured Home. A structure, transportable in one or more sections,
which is built on a permanent chassis and is designed for use with or without a
permanent foundation when attached to the required utilities. The term
"manufactured home" does not include the term "recreational vehicle."
Map. The Official Flood Plain Zoning Map described in Subd. 3 of this
Subsection 850.21.
Obstruction. Any dam, wall, wharf, embankment, levee, dike, pile, abutment,
projection, excavation, channel modification, culvert, building, wire, fence,
stockpile, refuse, fill, structure, or matter in, along, across, or projecting into
any channel, watercourse, or regulatory flood plain which may impede, retard,
or change the direction of the flow of water, either in itself or by catching or
collecting debris carried by such water.
Principal Use or Structure. Means all uses or structures that are not
accessory uses or structures.
Reach. A hydraulic engineering term to describe a longitudinal segment of a
stream or river influenced by a natural or man-made obstruction. In an urban
area, the segment of a stream or river between two consecutive bridge crossings
would most typically constitute a reach.
Recreational Vehicle. A vehicle that is built on a single chassis, is 400 square
feet or less when measured at the largest horizontal projection, is designed to be
self-propelled or permanently towable by a light duty truck, and is designed
primarily not for use as a permanent dwelling but as temporary living quarters
for recreational, camping, travel, or seasonal use. For the purposes of this
Subsection, the term recreational vehicle shall be synonymous with the term
travel trailer/travel vehicle.
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City of Edina Land Use, Platting and Zoning 850.21
Regional Flood. A flood which is representative of large floods known to have
occurred generally in Minnesota and reasonably characteristic of what can be
expected to occur on an average frequency in the magnitude of the 100-year
recurrence interval. Regional flood is synonymous with the term "base flood"
used in the Flood Insurance Study prepared for the City.
Regulatory Flood Protection Elevation. The regulatory flood protection
elevation shall be an elevation no lower than one foot above the elevation of the
regional flood plus any increases in flood elevation caused by encroachments on
the flood plain that result from designation of a floodway.
Structure. As defined in Subsection 850.03.
Substantial Damage. Damage of any origin sustained by a structure where the
cost of restoring the structure to its before damaged condition would equal or
exceed 50 percent of the market value of the structure before the damage
occurred.
Substantial Improvement. Within any consecutive 365-day period, any
reconstruction, rehabilitation (including normal maintenance and repair), repair
after damage, addition, or other improvement of a structure, the cost of which
equals or exceeds 50 percent of the market value of the structure before the
"start of construction" of the improvement. This term includes structures that
have incurred "substantial damage," regardless of the actual repair work
performed. The term does not, however, include either:
(a) Any project for improvement of a structure to correct existing violations
of state or local health, sanitary, or safety code specifications which have
been identified by the local code enforcement official and which are the
minimum necessary to assure safe living conditions.
(b) Any alteration of an "historic structure," provided that the alteration will
not preclude the structure's continued designation as an "historic
structure." For the purpose of this Subsection, "historic structure" shall
be as defined in Code of Federal Regulations, Part 59.1.
Variance. Means a modification of a specific permitted development standard
required by any section of this Code, including this Subsection 850.21, to allow
an alternative development standard not stated as acceptable in the applicable
section of this Code, but only as applied to a particular property for the purpose
of alleviating an undue hardship, as defined and elaborated upon in Subsection
850.04.
Subd. 3. General Provisions
A. Lands to Which Subsection Applies: This Subsection shall apply to all lands
within the jurisdiction of the City shown on the Official Floodplain Zoning Map
(hereinafter described) and/or the attachments thereto as being located within the
boundaries of the Floodway, Flood Fringe, or General Flood Plain Districts.
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City of Edina Land Use, Platting and Zoning 850.21
B. Establishment of Official Floodplain Zoning Map. The Map, a composite
copy of which, reduced in size, is appended to this Code, together with all
materials attached thereto is hereby adopted by reference and declared to be a
part of this Subsection 850.21. The attached material shall include the Flood
Insurance Study, Volume 1 of 2 and Volume 2 of 2, Hennepin County,
Minnesota, All Jurisdictions and the Flood Insurance Rate Map panels
numbered 27053C0342E, 27053C0344E, 27053C0362E, 27053C0363E,
27053C0364E, 27053C0432E, 27053C0451E, AND 27053CO452E for the City,
dated September 2, 2004, as developed by the Federal Emergency Management
Agency and Panel 27053CO361E dated September 28, 2007. The Maps shall be
on file in the office of the Planner.
C. Regulatory Flood Protection Elevation: The regulatory flood protection
elevation shall be an elevation no lower than one foot above the elevation of the
regional flood plus any increases in flood elevation caused by encroachments on
the flood plain that result from designation of a floodway.
D. Interpretation:
1. In their interpretation and application, the provisions of this
Subsection 850.21 shall be held to be minimum requirements and shall
be liberally construed in favor of the City and shall not be deemed a
limitation or repeal of any other powers granted by applicable ordinances
or state law.
2. The boundaries of the zoning districts shall be determined by scaling
distances on the Map. Where interpretation is needed as to the exact
location of the boundaries of the district as shown on the Map, as for
example where there appears to be a conflict between a mapped
boundary and actual field conditions and there is a formal appeal of the
decision of the Planner, the Board shall make the necessary
interpretation. All decisions will be based on elevations on the regional
(100-year) flood profile, the ground elevations that existed on the site at
the time the City adopted its initial floodplain ordinance, and other
available technical data. Persons contesting the location of the district
boundaries shall be given a reasonable opportunity to present their case
to the Board and to submit technical evidence.
E. Abrogation and Greater Restrictions: It is not intended by this Subsection
850.21 to repeal, abrogate, or impair any existing easements, covenants, or
deed restrictions. However, where this Subsection imposes greater restrictions,
the provisions of this Subsection shall prevail.
F. Warning and Disclaimer of Liability: This Subsection 850.21 does not
imply that areas outside the flood plain districts or land uses permitted within
such districts will be free from flooding or flood damages. This Subsection
shall not create liability on the part of the City or any officer or employee
thereof for any flood damages that result from reliance on this Subsection or any
City action taken or administrative Board, Commission or Council decision
lawfully made thereunder.
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City of Edina Land Use, Platting and Zoning 850.21
G. Other Zoning Districts and Provisions: The inclusion of land within the
General Flood Plain District shall not change or affect, in any way, the uses
allowed on, and the restrictions and requirements then or thereafter applicable
to, the land under any other zoning classification in which the land is then or
thereafter located, all of which shall continue to apply, but the additional
restrictions of the General Flood Plain District shall also apply to such land.
Where the provisions in this Subsection 850.21 are inconsistent with or
contradictory to the provisions in any other section of this Code, then the most
stringent provisions shall apply and be complied with.
H. Severability: If any section, clause, provision, or portion of this Subsection
is adjudged unconstitutional or invalid by a court of competent jurisdiction, the
remainder of this Subsection shall not be affected thereby.
Subd. 4. Establishment Of Zoning Districts
A. Districts.
1. Floodway District (FW). The Floodway District shall include those
areas designated as floodway on the Map.
2. Flood Fringe District (FF). The Flood Fringe District shall include
those areas designated as floodway fringe. The Flood Fringe District
shall include those areas shown on the Map as being within Zone AE,
Zone A0, or Zone AH but being located outside of the floodway.
3. General Flood Plain District (FD). The General Flood Plain District
shall include those areas designated as Zone A or Zones AE, Zone A0,
or Zone AH without a floodway on the Map.
B. Compliance. No new structure or land shall hereafter be used and no
structure shall be constructed, located, extended, converted, or structurally
altered without full compliance with the terms of this Subsection and other
applicable regulations which apply to uses within the jurisdiction of this Code.
Within the Floodway District, Flood Fringe District and General Flood Plain
District, all uses not listed as permitted uses or conditional uses in Subds. 5, 6
and 7 of this Subsection 850.21, shall be prohibited. In addition, a caution is
provided here that:
1. New manufactured homes and replacement manufactured homes are
subject to the general provisions of this Section 850 and specifically
Subd. 10 of this Subsection 850.21.
2. Modifications, additions, structural alterations, normal maintenance
and repair, or repair after damage to existing nonconforming structures
and nonconforming uses of structures or land are regulated by the
general provisions of this Section 850 and specifically Subd. 12 of this
Subsection 850.21.
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City of Edina Land Use, Platting and Zoning 850.21
3. As-built elevations for elevated or flood proofed structures must be
certified by ground surveys and flood proofing techniques must be
designed and certified by a registered professional engineer or architect
as specified in the general provisions of this Code and specifically as
stated in Subd. 11 of this Subsection 850.21.
4. Mobile homes and mobile home parks, and recreational vehicles are
prohibited in the Floodway District (FW).
Subd. 5 Floodway District (FW)
A. Permitted Uses. The following uses are permitted in the Floodway District
if they comply with the standards set out in paragraph B. of this Subd. 5:
1. General farming, pasture, grazing, outdoor plant nurseries,
horticulture, truck farming, forestry, sod farming, and wild crop
harvesting.
2. Industrial-commercial loading areas, parking areas, and airport
landing strips.
3. Private and public golf courses, tennis courts, driving ranges, archery
ranges, picnic grounds, boat launching ramps, swimming areas, parks,
wildlife and nature preserves, game farms, fish hatcheries, shooting
preserves, target ranges, trap and skeet ranges, hunting and fishing
areas, and single or multiple purpose recreational trails.
4. Residential lawns, gardens, parking areas, and play areas.
B. Standards for Floodway District Permitted Uses.
1. The use shall be a permitted use in the underlying zoning district
established by this Subsection 5.
2. The use shall have a low flood damage potential.
3. The use shall be permissible in the underlying zoning district if one
exists.
4. The use shall not obstruct flood flows or increase flood elevations
and shall not involve structures, fill, obstructions, excavations or storage
of materials or equipment.
C. Conditional Uses. The following uses are conditional uses in the Floodway
District and shall be allowed only if they comply with the standards set out in
paragraph D. of this Subd. 5 and then only pursuant to the issuance of a
conditional use permit.
1. Structures accessory to the uses listed in paragraph A above and the
uses listed in subparagraphs 2-7 below.
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City of Edina Land Use, Platting and Zoning 850.21
2. Extraction and storage of sand, gravel, and other materials.
3. Marinas, boat rentals, docks, piers, wharves, and water control
structures.
4. Railroads, streets, bridges, utility transmission lines, and pipelines.
5. Storage yards for equipment, machinery, or materials.
6. Placement of fill or construction of fences.
7. Structural works for flood control such as levees, dikes and floodwalls
constructed to any height where the intent is to protect individual
structures and levees or dikes where the intent is to protect agricultural
crops for a frequency flood event equal to or less than the 10-year
frequency flood event.
D. Standards for Floodway District Conditional Uses:
1. All Uses. No structure (temporary or permanent), fill (including fill for
roads and levees), deposit, obstruction, storage of materials or equipment, or
other uses may be allowed as a conditional use that will cause any increase
in the stage of the 100-year or regional flood or cause an increase in flood
damages in the reach or reaches affected.
2. All floodway conditional uses shall be subject to the procedures and
standards contained in paragraph D. of Subd. 11 of this Subsection 850.21.
3. The conditional use shall be permissible in the underlying zoning district
established by this Section 850.
4. Fill:
a. fill, dredge spoil, and all other similar materials deposited or stored
in the flood plain shall be protected from erosion by vegetative cover,
mulching, riprap or other acceptable method.
b. dredge spoil sites and sand and gravel operations shall not be
allowed in the floodway unless a long-term site development plan is
submitted which includes an erosion/sedimentation prevention element
to the plan.
c. as an alternative, and consistent with subparagraph b. immediately
above, dredge spoil disposal and sand and gravel operations may allow
temporary, on-site storage of fill or other materials which would have
caused an increase to the stage of the 100-year or regional flood but
only after the City has received an appropriate plan which assures the
removal of the materials from the floodway based upon the flood
warning time available. The conditional use permit must be title filed
for record against the property in the Hennepin County real estate
records.
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City of Edina Land Use, Platting and Zoning 850.21
5. Accessory Structures:
a. Accessory structures shall not be designed for human habitation.
b. Accessory structures, if permitted, shall be constructed and placed
on the building site so as to offer the minimum obstruction to the flow
of flood waters:
(i) Whenever possible, structures shall be constructed with the
longitudinal axis parallel to the direction of flood flow; and
(ii) So far as practicable, structures shall be placed
approximately on the same flood flow lines as those of
adjoining structures.
c. Accessory structures shall be elevated on fill or structurally dry
flood proofed in accordance with the FP-1 or FP-2 flood proofing
classifications in the Building Code. As an alternative, an accessory
structure may be flood proofed to the FP-3 or FP-4 flood proofing
classification in the Building Code provided the accessory structure
constitutes a minimal investment, does not exceed 500 square feet in
size at its largest projection, and for a detached garage, the detached
garage must be used solely for parking of vehicles and limited storage.
All flood proofed accessory structures must meet the following
additional standards:
(i) The structure must be adequately anchored to prevent
flotation, collapse or lateral movement of the structure and
shall be designed to equalize hydrostatic flood forces on
exterior walls;
(ii) Any mechanical and utility equipment in a structure must
be elevated to or above the regulatory flood protection
elevation or properly flood proofed; and
(iii) To allow for the equalization of hydrostatic pressure,
there must be a minimum of two "automatic" openings in the
outside walls of the structure having a total net area of not less
than one square inch for every square foot of enclosed area
subject to flooding. There must be openings on at least two
sides of the structure and the bottom of all openings must be
no higher than one foot above the lowest adjacent grade to the
structure. Using human intervention to open a garage door
prior to flooding will not satisfy this requirement for automatic
openings.
6. Storage of Materials and Equipment:
a. The storage or processing of materials that are, in time of flooding,
flammable, explosive, or potentially injurious to human, animal, or
plant life is prohibited.
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City of Edina Land Use, Platting and Zoning 850.21
b. Storage of other materials or equipment may be allowed if readily
removable from the area within the time available after a flood warning
and in accordance with a plan approved by the Planner.
7. Structural works for flood control that will change the course, current or
cross section of protected wetlands or public waters shall be subject to the
provisions of Minnesota Statute, Chapter 103G. Community-wide structural
works for flood control intended to remove areas from the regulatory flood
plain shall not be allowed in the floodway.
8. A levee, dike or floodwall constructed in the floodway shall not cause an
increase to the 100-year or regional flood and the technical analysis must
assume equal conveyance or storage loss on both sides of a stream.
Subd. 6 Flood Fringe District (FF)
A. Permitted Uses: Permitted uses shall be those uses of land or structures
listed as permitted uses in the underlying zoning use districts established by this
Section 850. All permitted uses shall comply with the standards listed in
paragraphs B. and E. of this Subd. 6.
B. Standards for Flood Fringe District Permitted Uses:
1. All structures, including accessory structures, must be elevated on
fill so that the lowest floor including basement floor is at or above the
regulatory flood protection elevation. The finished fill elevation for
structures shall be no lower than one (1) foot below the regulatory flood
protection elevation and the fill shall extend at such elevation at least
fifteen (15) feet beyond the outside limits of the structure erected
thereon.
2. As an alternative to elevation on fill, accessory structures that
constitute a minimal investment and that do not exceed 500 square feet at
its largest projection may be internally flood proofed in accordance with
part c. of subparagraph 5. of paragraph D. of Subd. 5 of this Subsection
850.21.
3. The cumulative placement of fill where at any one time in excess of
one-thousand (1,000) cubic yards of fill is located on the parcel shall be
allowable only as a conditional use, unless said fill is specifically
intended to elevate a structure in accordance with subparagraph 1. of
paragraph B. of this Subd. 6.
4. The storage of any materials or equipment shall be elevated on fill to
the regulatory flood protection elevation.
5. The provisions of paragraph E. of this Subd. 6 shall apply.
C. Conditional Uses: Any structure that is not elevated on fill or flood
proofed in accordance with subparagraphs 1. and 2. of paragraph B. of this
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City of Edina Land Use, Platting and Zoning 850.21
Subd. 6 and or any use of land that does not comply with the standards in
subparagraphs 3. and 4. of paragraph B. of this Subd. 6 shall only be allowable
as a conditional use and then only if pursuant to the issuance of a conditional use
permit. An application for a conditional use shall be subject to the standards
and criteria and evaluation procedures specified in paragraphs D. and E. of this
Subd 6 and paragraph D. of Subd. 11 of this Subsection 850.21.
D. Standards for Flood Fringe District Conditional Uses.
1. Alternative elevation methods other than the use of fill may be
utilized to elevate a structure's lowest floor above the regulatory flood
protection elevation. These alternative methods may include the use of
stilts, pilings, parallel walls, etc., or above-grade, enclosed areas such as
crawl spaces or tuck under garages. The base or floor of an enclosed
area shall be considered above-grade and not a structure's basement or
lowest floor if: 1) the enclosed area is above-grade on at least one side
of the structure; 2) it is designed to internally flood and is constructed
with flood resistant materials; and 3) it is used solely for parking of
vehicles, building access or storage. The above-noted alternative
elevation methods are subject to the'following additional standards:
a. Design and Certification - The structure's design and as-built
condition must be certified by a registered professional engineer
or architect as being in compliance with the general design
standards of the Building Code and, specifically, that all
electrical, heating, ventilation, plumbing and air conditioning
equipment and other service facilities must be at or above the
regulatory flood protection elevation or be designed to prevent
flood water from entering or accumulating within these
components during times of flooding.
b. Specific Standards for Above-grade, Enclosed Areas -
Above-grade, fully enclosed areas such as crawl spaces or tuck
under garages must be designed to internally flood and the design
plans must stipulate:
(i) A minimum area of automatic openings in the walls
where internal flooding is to be used as a flood proofing
technique. There shall be a minimum of two openings on at
least two sides of the structure and the bottom of all openings
shall be no higher than one-foot above grade. The automatic
openings shall have a minimum net area of not less than one
square inch for every square foot subject to flooding unless a
registered professional engineer or architect certifies that a
smaller net area would suffice. The automatic openings may
be equipped with screens, louvers, valves, or other coverings
or devices provided that they permit the automatic entry and
exit of flood waters without any form of human intervention;
and
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City of Edina Land Use, Platting and Zoning 850.21
(ii) That the enclosed area will be designed of flood resistant
materials in accordance with the FP-3 or FP-4 classifications
in the Building Code and shall be used solely for building
access, parking of vehicles or storage.
2. Basements shall be subject to the following:
a. Residential basement construction shall not be allowed below
the regulatory flood protection elevation.
b. Non-residential basements may be allowed below the
regulatory flood protection elevation provided the basement is
structurally dry flood proofed in accordance with subparagraph 3.
of paragraph D. of Subd 6 of this Subsection.
3. All areas of non residential structures including basements to be
placed below the regulatory flood protection elevation shall be flood
proofed in accordance with the structurally dry flood proofing
classifications in the Building Code. Structurally dry flood proofing
must meet the FP-1 or FP-2 flood proofing classification in the Building
Code and this shall require making the structure watertight with the walls
substantially impermeable to the passage of water and with structural
components having the capability of resisting hydrostatic and
hydrodynamic loads and the effects of buoyancy. Structures flood
proofed to the FP-3 or FP-4 classification shall not be permitted.
4. When at any one time more than 1,000 cubic yards of fill or other
similar material is located on a parcel for such activities as on-site
storage, landscaping, sand and gravel operations, landfills, roads, dredge
spoil disposal or construction of flood control works, an
erosion/sedimentation control plan must be submitted to the Planner.
The plan must clearly specify methods to be used to stabilize the fill on
site for a flood event at a minimum of the 100-year or regional flood
event. The plan must be prepared and certified by a registered
professional engineer or other qualified individual acceptable to the
Planner. The plan may incorporate alternative procedures for removal of
the material from the flood plain if adequate flood warning time exists.
5. Storage of Materials and Equipment:
a. The storage or processing of materials that are, in time of
flooding, flammable, explosive, or potentially injurious to
human, animal, or plant life is prohibited.
b. Storage of other materials or equipment may be allowed if
readily removable from the area within the time available after a
flood warning and in accordance with a plan approved by the
Governing Body.
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City of Edina Land Use, Platting and Zoning 850.21
6. The provisions of paragraph E.'of Subd. 6 of this Subsection shall
also apply.
E. Standards for All Flood Fringe District Uses.
1. All new principal structures must have vehicular access at or above
an elevation not more than two (2) feet below the regulatory flood
protection elevation. If a variance to this requirement is granted, the
Board must specify limitations on the period of use or occupancy of the
structure for times of flooding and only after determining that adequate
flood warning time and local flood emergency response procedures exist.
2. Accessory commercial uses of land, such as yards, railroad tracks,
and parking lots may be at elevations lower than the regulatory flood
protection elevation. However, a permit for such facilities to be used by
the employees or the general public shall not be granted in the absence of
a flood warning system that provides adequate time for evacuation if the
area would be inundated to a depth and velocity such that when
multiplying the depth (in feet) times velocity (in feet per second) the
product number exceeds four (4) upon occurrence of the regional flood.
3. For manufacturing and industrial uses measures shall be taken to
minimize interference with normal plant operations especially along
streams having protracted flood durations. Certain accessory land uses
such as yards and parking lots may be at lower elevations subject to
requirements set out in subparagraph 2. of paragraph E. above. In
considering permit applications, due consideration shall be given to
needs of an industry whose business requires that it be located in flood
plain areas.
4. Fill shall be properly compacted and the slopes shall be properly
protected by the use of riprap, vegetative cover or other acceptable
method. The Federal Emergency Management Agency (FEMA) has
established criteria for removing the special flood hazard area
designation for certain structures properly elevated on fill above the 100-
year flood elevation, FEMA's requirements incorporate specific fill
compaction and side slope protection standards for multi-structure or
multi-lot developments. These standards should be investigated prior to
the initiation of site preparation if a change of special flood hazard area
designation will be requested.
5. Flood plain developments shall not adversely affect the hydraulic
capacity of the channel and adjoining flood plain of any tributary
watercourse or drainage system where a floodway or other encroachment
limit has not been specified on the Map.
6. Standards for recreational vehicles are contained in Subsection
1046.03 and shall apply in the Flood Fringe (FF).
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City of Edina Land Use, Platting and Zoning 850.21
7. All manufactured homes must be securely anchored to an adequately
anchored foundation system that resists flotation, collapse and lateral
movement. Methods of anchoring may include, but are not to be limited
to, use of over-the-top or frame ties to ground anchors. This
requirement is in addition to applicable state or local anchoring
requirements for resisting wind forces.
8. No use shall be allowed as a permitted or conditional use unless such
use has received all required approvals from all other governmental
bodies having jurisdiction.
Subd. 7. General Flood Plain District (FD)
A. Permissible Uses. The following uses are permitted in the General Flood
Plain District:
1. The uses listed in paragraph A. of Subd 5 of this Subsection 850.21
shall be permitted uses.
2 All other uses shall be subject to the floodway/flood fringe evaluation
criteria pursuant paragraph B. below. Subd. 5 of this Subsection 850.21
shall apply if the proposed use is in the Floodway District and Subd. 6 of
this Subsection 850.21 shall apply if the proposed use is in the Flood
Fringe District.
B. Procedures for Floodway District and Flood Fringe District Determinations
Within the General Flood Plain District.
1. Upon receipt of an application for a permit or other approval within
the General Flood Plain District, the applicant shall be required to
furnish such of the following information as is deemed necessary by the
Planner for the determination of the regulatory flood protection elevation
and whether the proposed use is within the Floodway District or Flood
Fringe District.
a. A typical valley cross-section(s) showing the channel of the
stream, elevation of land areas adjoining each side of the channel,
cross-sectional areas to be occupied by the proposed
development, and high water information.
b. Plan (surface view) showing elevations or contours of the
ground, pertinent structure, fill, or storage elevations, the size,
location, and spatial arrangement of all proposed and existing
structures on the site, and the location and elevations of streets.
c. Photographs showing existing land uses, vegetation upstream
and downstream, and soil types.
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City of Edina Land Use, Platting and Zoning 850.21
d. Profile showing the slope of the bottom of the channel or flow
line of the stream for at least 500 feet in either direction from the
proposed development.
2 The applicant shall be responsible to submit one copy of the above
information to a designated engineer or other expert person or agency for
technical assistance in determining whether the proposed use is in the
Floodway District or Flood Fringe District and to determine the
regulatory flood protection elevation. Procedures consistent with
Minnesota Regulations 1983, Parts 6120.5000 - 6120.6200 and 44 Code
of Federal Regulations Part 65 shall be followed in this expert
evaluation. The designated engineer or expert is strongly encouraged to
discuss the proposed technical evaluation methodology with the
respective Department of Natural Resources' Area Hydrologist prior to
commencing the analysis. The designated engineer or expert shall:
a. Estimate the peak discharge of the regional flood.
b. Calculate the water surface profile of the regional flood based
upon a hydraulic analysis of the stream channel and overbank
areas.
C. Compute the floodway necessary to convey or store the
regional flood without increasing flood stages more than 0.5 foot.
A lesser stage increase than .5' shall be required if, as a result of
the additional stage increase, increased flood damages would
result. An equal degree of encroachment on both sides of the
stream within the reach shall be assumed in computing floodway
boundaries.
3. The Planner shall present the technical evaluation and findings of the
designated engineer or expert to the Council. The Council must formally
accept the technical evaluation and the recommended Floodway District
and/or Flood Fringe District boundary or deny the permit application.
The Council, prior to official action, may submit the application and all
supporting data and analyses to the Federal Emergency Management
Agency, the Department of Natural Resources or the Planning
Commission for review and comment. Once the Floodway and Flood
Fringe District Boundaries have been determined, the Council shall refer
the matter back to the Planner who shall process the permit application
consistent with the applicable provisions of Subds. 5 and 6 of this
Subsection.
Subd. 8 Subdivisions.
A. Review Criteria: No land shall be platted or subdivided, as defined in
Section 810 of this Code, which is unsuitable for the reason of flooding,
inadequate drainage, water supply or sewage treatment facilities. All lots within
the General Flood Plain District shall be able to contain a building site outside
of the Floodway District at or above the regulatory flood protection elevation.
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City of Edina Land Use, Platting and Zoning 850.21
All subdivisions shall have water and sewage treatment facilities that comply
with the provisions of this Subsection and have road access both to the
subdivision and to the individual building sites no lower than two feet below the
regulatory flood protection elevation. For all subdivisions in the flood plain, the
Floodway District and Flood Fringe District boundaries, the regulatory flood
protection elevation and the required elevation of all access roads shall be
clearly labeled on all required subdivision drawings and platting documents. j
B. Floodway/Flood Fringe Determinations in the General Flood Plain District:
In the General Flood Plain District, applicants shall provide the information
required in paragraph B. of Subd. 7 of this Subsection 850.21 to determine the
100-year flood elevation, the Floodway District and Flood Fringe District
boundaries and the regulatory flood protection elevation for the subdivision site.
C. Removal of Special Flood Hazard Area Designation: The Federal
Emergency Management Agency (FEMA) has established criteria for removing
the special flood hazard area designation for certain structures properly elevated
on fill above the 100-year flood elevation. FEMA's requirements incorporate
specific fill compaction and side slope protection standards for multi-structure or
multi-lot developments. These standards should be investigated prior to the
initiation of site preparation if a change of special flood hazard area designation
will be requested.
Subd. 9 Public Utilities, Railroads, Roads, And Bridges.
A. Public Utilities. All public utilities and facilities such as gas, electrical,
sewer, and water supply systems to be located in the flood plain shall be flood
proofed in accordance with the Building Code or elevated to above the
regulatory flood protection elevation.
B. Public Transportation Facilities. Railroad tracks, roads, and bridges to be
located within the flood plain shall comply with Subd. 5 and 6 of this Subsection
850.21. Elevation to the regulatory flood protection elevation shall be provided
where failure or interruption of these transportation facilities would result in
danger to the public health or safety or where such facilities are essential to the
orderly functioning of the area. Minor or auxiliary roads or railroads may be
constructed at a lower elevation where failure or interruption of transportation
services would not endanger the public health or safety.
C. On-site Sewage Treatment and Water Supply Systems: Where public
utilities are not provided: 1) On-site water supply systems must be designed to
minimize or eliminate infiltration of flood waters into the systems; and 2) New
or replacement on-site sewage treatment systems must be designed to minimize
or eliminate infiltration of flood waters into the systems and discharges from the
systems into flood waters and they shall not be subject to impairment or
contamination during times of flooding. Any sewage treatment system designed
in accordance with the State's current statewide standards for on-site sewage
treatment systems shall be determined to be in compliance with this Subsection
850.21.
Subd. 10 Manufactured Homes.
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City of Edina Land Use, Platting and Zoning 850.21
A. The placement of new or replacement manufactured homes in existing
manufactured home parks or on individual lots of record that are located in
flood plain districts will be treated as a new structure and may be placed only if
elevated in compliance with Subd. 6 of this Subsection 850.21. If vehicular
road access for pre-existing manufactured home parks is not provided in
accordance with subparagraph 1. of paragraph E. of Subd. 6 of this Subsection
850.21, then replacement manufactured homes will not be allowed until the
property owner(s) develops a flood warning emergency plan acceptable to the
Governing Body.
B. All manufactured homes must be securely anchored to an adequately
anchored foundation system that resists flotation, collapse and lateral movement.
Methods of anchoring may include, but are not to be limited to, use of over-
the-top or frame ties to ground anchors. This requirement is in addition to
applicable state or local anchoring requirements for resisting wind forces.
Subd. 11 Administration
A. Planner: The Planner shall administer and enforce this Subsection. If the
Planner finds a violation of the provisions of this Subsection the Planner shall
notify the person responsible for such violation in accordance with the
procedures stated in Subd. 13 of the Subsection 850.21.
B. Permit Requirements:
1. Permit Required. A permit issued by the Planner in conformation
with the provisions of this Subsection 850.21 shall be obtained prior to
the erection, addition, modification, rehabilitation (including normal
maintenance and repair), or alteration of any building, structure, or
portion thereof; prior to the use or change of use of a building, structure,
or land; prior to the construction of a dam, fence, or on-site septic
system; prior to the change or extension of a nonconforming use; prior
to the repair of a structure that has been damaged by flood, fire, tornado,
or any other source; and prior to the placement of fill, excavation of
materials, or the storage of materials or equipment within the flood
plain.
2 Application for Permit. Application for a permit shall be made in
duplicate to the Planner on forms furnished by the Planner and shall
include the following where applicable: plans in duplicate drawn to
scale, showing the nature, location, dimensions, and elevations of the
lot; existing or proposed structures, fill, or storage of materials; and the
location of the foregoing in relation to the stream channel.
3. State and Federal Permits. Prior to granting a permit or processing
an application for a conditional use permit or variance, the Planner shall
determine that the applicant has obtained all necessary state and federal
permits.
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City of Edina Land Use, Platting and Zoning 850.21
4. Certificate of Zoning Compliance for a New, Altered, or
Nonconforming Use. It shall be unlawful to use, occupy, or permit the
use or occupancy of any building or premises or part thereof hereafter
created, erected, changed, converted, altered, or enlarged in its use or
structure until a certificate of zoning compliance shall have been issued
by the Planner stating that the use of the building or land conforms to the
requirements of this Subsection.
5. Construction and Use to be as Provided on Applications, Plans,
Permits, Variances and Certificates of Zoning Compliance. Permits,
conditional use permits, or certificates of zoning compliance issued on
the basis of approved plans and applications authorize only the use,
arrangement, and construction set forth in such approved plans and
applications, and no other use, arrangement, or construction. Any use,
arrangement, or construction at variance with that authorized shall be
deemed a violation of this Subsection, and punishable as provided by
Subd. 13 of this Subsection 850.21.
6. Certification. The applicant shall be required to submit certification
by a registered professional engineer, registered architect, or registered
land surveyor that the finished fill and building elevations were
accomplished in compliance with the provisions of this Subsection.
Flood proofing measures shall be certified by a registered professional
engineer or registered architect.
7. Record of First Floor Elevation. The Planner shall maintain a
record of the elevation of the lowest floor (including basement) of all
new structures and alterations or additions to existing structures in the
flood plain. The Planner shall also maintain a record of the elevation to
which structures or alterations and additions to structures are flood
proofed.
8. Notifications for Watercourse Alterations. The Planner shall notify,
in riverine situations, adjacent communities and the Commissioner of the
Department of Natural Resources prior to the community authorizing any
alteration or relocation of a watercourse. If the applicant has applied for
a permit to work in the beds of public waters pursuant to Minnesota
Statute, Chapter 103G, this shall suffice as adequate notice to the
Commissioner of Natural Resources. A copy of said notification shall
also be submitted to the Chicago Regional Office of the Federal
Emergency Management Agency (FEMA).
9. Notification to FEMA When Physical Changes Increase or Decrease
the 100-year Flood Elevation. As soon as is practicable, but not later
than six (6) months after the date such supporting information becomes
available, the Planner shall notify the Chicago Regional Office of FEMA
of the changes by submitting a copy of said technical or scientific data.
C. Board of Approvals:
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City of Edina Land Use, Platting and Zoning 850.21
1. Rules. The Board shall adopt rules for the conduct of business and
may exercise all of the powers conferred on such Board by State law.
2. Administrative Review. The Board shall hear and decide appeals
where it is alleged there is error in any order, requirement, decision, or
determination made by an administrative official in the enforcement or
administration of this Subsection, and all requests for variances in
connection with this Subsection 850.21, in the same manner, including
notices, as it hears and decides appeals and requests for variances under
Subsection 850.04, except as otherwise provided herein.
3. Variances. The Board may authorize variances from the terms of
this Subsection only in the event that strict enforcement of the literal
provisions of this Subsection 850.21 will cause undue hardship because
of circumstances unique to the individual property under consideration
and only if the action will be in keeping with the spirit and intent of this
Subsection 850. Undue hardship shall have the same meaning and shall
be interpreted in the same way, as in Subd. 1 of Subsection 850.04. In
the granting of such variance, the Board shall clearly identify in writing
the specific conditions that existed consistent with the criteria specified in
this Subsection 850.21 and Section 850.04, and in the respective
enabling legislation that justified the granting of the variance. No
variance shall have the effect of allowing in any district uses prohibited
in that district, permit a lower degree of flood protection than the
regulatory flood protection elevation for the particular area, or permit
standards lower than those required by state law. The following
additional variance criteria of the Federal Emergency Management
Agency must be satisfied:
a. Variances shall not be issued by a community within any
designated regulatory floodway if any increase in flood levels
during the base flood discharge would result.
b. Variances shall only be issued by a community upon (i) a
showing of good and sufficient cause, (ii) a determination that
failure to grant the variance would result in exceptional hardship
to the applicant, and (iii) a determination that the granting of a
variance will not result in increased flood heights, additional
threats to public safety, extraordinary public expense, create
nuisances, cause fraud on or victimization of the public, or
conflict with existing local laws or Subsections.
c. Variances shall only be issued upon a determination that the
variance is the minimum necessary, considering the flood hazard,
to afford relief.
4. Hearings. Upon filing with the Board of an appeal from a decision
of the Planner, or an application for a variance, the Board shall hold a
hearing therein as provided in Subd. 1 of Subsection 850.04. The Board
shall submit by mail to the Commissioner of Natural Resources a copy of
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City of Edina Land Use, Platting and Zoning 850.21
the application for proposed variances sufficiently in advance so that the
Commissioner will receive at least ten days notice of the hearing.
5. Decisions. The Board shall arrive at a decision on such appeal or
variance as provided in Subd. 1 of Subsection 850.04. In passing upon
an appeal, the Board may, so long as such action is in conformity with
the provisions of this Subsection, reverse or affirm, wholly or in part, or
modify the order, requirement, decision or determination of the Planner
or other public official. It shall make its decision in writing setting forth
the findings of fact and the reasons for its decisions. In granting a
variance the Board may prescribe appropriate conditions and safeguards
such as those specified in subparagraph 6 of paragraph D of Subd. 11 of
this Subsection 850.21, which are in conformity with the purposes of this
Subsection. Violations of such conditions and safeguards, when made a
part of the terms under which the variance is granted, shall be deemed a
violation of this Subsection 850.21 punishable under Subd. 13 of this
Subsection 850.21. A copy of all decisions granting variances shall be
forwarded by mail to the Commissioner of Natural Resources within ten
(10) days of such action.
6. Appeals. Appeals from any decision of the Board may be made, and
as specified in Subd. 1 of Subsection 850.04.
7. Flood Insurance Notice and Record Keeping. The Planner shall
notify the applicant for a variance that: 1) The issuance of a variance to
construct a structure below the base flood level will result in increased
premium rates for flood insurance up to amounts as high as $25 for $100
of insurance coverage and 2) Such construction below the 100-year or
regional flood level increases risks to life and property. Such
notification shall be maintained with a record of all variance actions. A
community shall maintain a record of all variance actions, including
justification for their issuance, and report such variances issued in its
annual or biennial report submitted to the Administrator of the National
Flood Insurance Program.
D. Conditional Uses.
1. Notice to Commissioner. Upon filing with the City of an application
for a conditional use permit, the City shall submit by mail to the
Commissioner of Natural Resources a copy of the application for
proposed conditional use sufficiently in advance so that the
Commissioner will receive at least ten days notice of the hearing.
2. Planning Commission. The Commission shall hear all requests for
conditional use permits under this Subsection 850.21, and shall make its
recommendation to the Council, in the same manner, including notices,
as it hears and reviews applications for conditional use permits under
Subsection 850.04.
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850-124 Supplement 2007-06
City of Edina Land Use, Platting and Zoning 850.21
3. Council. The Council shall hear all requests for conditional use
permits under this Subsection 850.21, and shall make its decision
thereon, in the same manner, including notices, and subject to the same
requirements and conditions, as it hears and decides upon applications
for conditional use permits under Subsection 850.04. In granting a
conditional use permit the City Council shall prescribe appropriate
conditions and safeguards, in addition to those specified in subparagraph
6. of paragraph D. of Subd. 11 of this subsection, which are in
conformity with the purposes of this Subsection. Violations of such
conditions and safeguards, when made a part of the terms under which
the conditional use permit is granted, shall be deemed a violation of this
Subsection punishable under Subd. 13 of this Subsection. A copy of all
decisions granting conditional use permits shall be forwarded by mail to
the Commissioner of Natural Resources within ten (10) days of such
action.
4. Procedures to be followed by the City Council in Passing on
Conditional Use Permit Applications Within all Flood Plain Districts.
a. Require the applicant to furnish such of the following
information and additional information as deemed necessary by
the City Council for determining the suitability of the particular
site for the proposed use:
(i) Plans in triplicate drawn to scale showing the nature,
location, dimensions, and elevation of the lot, existing or
proposed structures, fill, storage of materials, flood proofing
measures, and the relationship of the above to the location of
the stream channel; and
(ii) Specifications for building construction and materials,
flood proofing, filling, dredging, grading, channel
improvement, storage of materials, water supply and sanitary
facilities.
b. Transmit one copy of the information described in
subpararaph a. above to a designated engineer or other expert
person or agency for technical assistance, where necessary, in
evaluating the proposed project in relation to flood heights and
velocities, the seriousness of flood damage to the use, the
adequacy of the plans for protection, and other technical matters.
C. Based upon the technical evaluation of the designated
engineer or expert, the Council shall determine the specific flood
hazard at the site and evaluate the suitability of the proposed use
in relation to the flood hazard.
5. Factors Upon Which the Decision of the Council Shall Be Based.
In passing upon conditional use applications, the Council shall consider
all relevant factors specified in other sections of this Subsection 850.21,
and:
850-125 Supplement 2007-06
City of Edina Land Use, Platting and Zoning 850.21
a. The danger to life and property due to increased flood heights
or velocities caused by encroachments.
b. The danger that materials may be swept onto other lands or
downstream to the injury of others or they may block bridges,
culverts or other hydraulic structures.
C. The proposed water supply and sanitation systems and the
ability of these systems to prevent disease, contamination, and
unsanitary conditions.
d. The susceptibility of the proposed facility and its contents to
flood damage and the effect of such damage on the individual
owner.
e. The importance of the services provided by the proposed
facility to the community.
f. The requirements of the facility for a waterfront location.
g. The availability of alternative locations not subject to
flooding for the proposed use.
h. The compatibility of the proposed use with existing
development and development anticipated in the foreseeable
future.
i. The relationship of the proposed use to the comprehensive
plan and flood plain management program for the area.
j. The safety of access to the property in times of flood for
ordinary and emergency vehicles.
k. The expected heights, velocity, duration, rate of rise, and
sediment transport of the flood waters expected at the site.
1. Such other factors which are relevant to the purposes of this
Subsection.
6. Conditions Attached to Conditional Use Permits. Upon
consideration of the factors listed above and the purpose of this
Subsection 850.21, the City Council shall attach such conditions to the
granting of conditional use permits as it deems necessary to fulfill the
purposes of this Subsection 850.21. Such conditions may include, but
are not limited to, the following:
a. Modification of waste treatment and water supply facilities.
b. Limitations on period of use, occupancy, and operation.
850-126 Supplement 2007-06
City of Edina Land Use, Platting and Zoning 850.21
C. Imposition of operational controls, sureties, and deed
restrictions.
d. Requirements for construction of channel modifications,
compensatory storage, dikes, levees, and other protective
measures.
e. Flood proofing measures, in accordance with the Building
Code and this Subsection. The applicant shall submit a plan or
document certified by a registered professional engineer or
architect that the flood proofing measures are consistent with the
regulatory flood protection elevation and associated flood factors
for the particular area.
Subd. 12. Nonconforming Uses.
A. A structure or the use of a structure or premises which was lawful before
the passage or amendment of this Subsection but which is not in conformity with
the provisions of this Subsection may be continued subject to the following
conditions. Historic structures, as defined in Subd. 2 of this Subsection 850.21
shall be subject to the provisions of subparagraphs 1. - 5. of paragraph A. of
Subd. 12 of this Subsection 850.21.
1. No such use shall be expanded, changed, enlarged, or altered in a
way that increases its nonconformity.
2. Any structural alteration or addition to a nonconforming structure or
nonconforming use which would result in increasing the flood damage
potential of that structure or use shall be protected to the Regulatory
Flood Protection Elevation in accordance with any of the elevation on fill
or flood proofing techniques (i.e., FP-1 thru FP-4 floodproofing
classifications) allowable in the Building Code, except as further
restricted in subparagraphs 3. - 6. below.
3. The cost of any structural alterations or additions to any
nonconforming structure over the life of the structure shall not exceed 50
percent of the market value of the structure unless the conditions of this
Section are satisfied. The cost of all structural alterations and additions
constructed since the adoption of the Community's initial flood plain
controls must be calculated into today's current cost which will include
all costs such as construction materials and a reasonable cost placed on
all manpower or labor. If the current cost of all previous and proposed
alterations and additions exceeds 50 percent of the current market value
of the structure, then the structure must meet the standards of Subd. 5
and 6 of this Subsection for new structures depending upon whether the
structure is in the Floodway or Flood Fringe District, respectively.
4. If any nonconforming use is discontinued for 12 consecutive months,
any future use of the building premises shall conform to this Subsection.
850-127 Supplement 2007-06
City of Edina Land Use, Platting and Zoning 850.21
The Assessor shall notify the Planner in writing if aware of instances of
nonconforming uses that have been discontinued for a period of 12
months.
5. If this is substantial damage to any nonconforming use or structure,
it shall not be reconstructed except in conformity with the provisions of
this Subsection 850.21. The applicable provisions for establishing new
uses or new structures in Subd. 5, 6 and 7 of this Subsection 850.21 will
apply depending upon whether the use or structure is in the Floodway
District, Flood Fringe District or General Flood Plain District,
respectively.
6. If a substantial improvement occurs from any combination of a
building addition to the outside dimensions of the existing building or a
rehabilitation, reconstruction, alteration, or other improvement to the
inside dimensions of an existing nonconforming building, then the
building addition (as required by subparagraph 2 above) and the existing
nonconforming building must meet the requirements of Subd. 5 and 6 of
this Subsection 850.21 for new structures, depending upon whether the
structure is in the Floodway or Flood Fringe District, respectively.
Subd. 13 Penalties For Violation
A. The provisions, penalties and remedies set out in Subsection 850.04 shall
apply to any violation of the provisions of this Subsection 850.21.
B. Nothing herein contained shall prevent the City from taking such other
lawful action as is necessary to prevent or remedy any violation. Such actions
may include but are not limited to:
1. In responding to a suspected violation of this Subsection 850.21, the
Planner and City may utilize the full array of enforcement actions
available to it including but not limited to prosecution and fines,
injunctions, after-the-fact permits, orders for corrective measures or a
request to the National Flood Insurance Program for denial of flood
insurance availability to the guilty parry. The City must act in good faith
to enforce these official controls and to correct violations of this
Subsection 850.21 to the extent possible so as not to jeopardize its
eligibility in the National Flood Insurance Program.
2. When a violation of this Subsection 850.21 is either discovered by or
brought to the attention of the Planner, the Planner shall immediately
investigate the situation and document the nature and extent of the
violation of the official control. As soon as is reasonably possible, this
information will be submitted to the appropriate Department of Natural
Resources' and Federal Emergency Management Agency Regional
Office along with the City's plan of action to correct the violation to the
degree possible.
3. The Planner shall notify the suspected party of the requirements of
this Subsection 850.21 and all other official controls and the nature and
extent of the suspected violation of these controls. If the structure and/or
use is under construction or development, the Planner may order the
construction or development immediately halted until a proper permit or
approval is granted by the City. If the construction or development is
850-128 Supplement 2007-06
City of Edina Land Use, Platting and Zoning 850.21
already completed, then the Planner may either: (1) issue an order
identifying the corrective actions that must be made within a specified
time period to bring the use or structure into compliance with the official
controls; or (2) notify the responsible party to apply for an after-the-fact
permit/development approval within a specified period of time not to
exceed 30-days.
4. If the responsible party does not appropriately respond to the Planner
within the specified period of time, each additional day that lapses shall
constitute an additional violation of this Subsection and shall be
prosecuted accordingly. The Planner shall also upon the lapse of the
specified response period notify the landowner to restore the land to the
condition which existed prior to the violation of this Subsection.
Subd. 14 Amendments
A. The flood plain designation on the Map shall not be removed from flood
plain areas unless it can be shown that the designation is in error or that the area
has been filled to or above the elevation of the regulatory flood protection
elevation and is contiguous to lands outside the flood plain. Special exceptions
to this rule may be permitted by the Commissioner of Natural Resources if he
determines that, through other measures, lands are adequately protected for the
intended use.
B. All amendments to this Subsection, including amendments to the Map, must
be submitted to and approved by the Commissioner of Natural Resources prior
to adoption. Changes in the Map must meet the Federal Emergency
Management Agency's (FEMA) Technical Conditions and Criteria and must
receive prior FEMA approval before adoption. The Commissioner of Natural
Resources must be given 10-days written notice of all hearings to consider an
amendment to this Subsection and said notice shall include a draft of the
amendment to this Subsection 850.21 or technical study under consideration.
History: Ord. 825 adopted 3-07-84 and repealed Ord. 811 and 816; 825-AI not published;
amended by 825-A2 1-02-85, 825-A3 7-03-85, 825-A4 7-03-85, 825-A5 12-24-86, 825-A6 12-24-
86, 825-A7 5-28-86, 825-A8 2-19-86, 825-A9 5-28-86; 825-A10 not granted; 825-A11 9-2-87,
825-Al2 12-24-86; 825-A13 referred to staff--Council minutes 1-16-87; amended by 825-A14 12-
24-86, 825-A15 2-11-87, 825-A16 2-11-87; 825-A17 not developed; 825-A18 9-2-87, 825-A19 5-
27-87, 825-A20 4-29-89; 825-A21 not developed; 825-A22 3-23-88; 825-23 referred to Planning
Commission 6-06-88; 825-A24 withdrawn; 825-A25 5-03-89, 825-A26 8-24-88; 825-A27 10-30-
91; amended by 825-A28 5-03-89, 825-A29 5-03-89, 825-A30 12-13-89, 825-A31 10-25-89, 825-
A32 12-20-89, 825-A33 1-31-90, 825-A34 8-29-90, 825-A35 8-29-90, 825-A36 8-29-90; 825-A37
reconsidered; 825-A38 11-28-90. Amended by Ord. 850-AI 3-3-93; Ord 850-A2 6-30-93;Ord 850-
A3 8-2-93; Ord. 1993-10 8-16-93; Ord 850-A4 8-15-94; Ord 850-A5 9-19-94; Ord. 1995-6 8-7-
95; Ord. 1995-10 12-04-95; Ord 1995-9 2-5-96; Ord 850-A7 5-20-96; Ord 1996-2 9-16-96,-Ord
850-A8, 12-16-9; Ord 1997-2 2-18-97; Ord 850-A9, 4-21-97; Ord 850-A10, 4-21-97; Ord 850-
A11, 7-7-97; Ord 850-Al2, 9-15-97; Ord 1997-11 11-5-97; Ord 850-A13, 2-17-98; Ord 850-A14,
5-18-98; Ord 850-A15, 9-22-98; Ord 1999-11, 11-16-99; Ord 850-A16, 2-15-00; Ord 2000-4, 2-
15-00; Ord 850-A17 4-18-00; Ord 850-A18 7-5-00; Ord 2000-7 7-5-00,-Ord 850-A19 16-00; Ord
850-A20 6-19-01; Ord 850-A21 6-19-01; Ord 2001-03, 6-19-01; Ord 2001-7 10-3-01; Ord No.
850-A22 3-19-02; Ord No. 2002-03, 6-18-02; Ord 2002-06 9-27-02; 2003-03 2-4-03; Ord 2003-
06, 6-3-03; Ord 2003-12 12-16-03; Ord 2004-7, 5-18-04; Ord. 2004-11, 8-17-04; Ord 2005-03
5-3-05; Ord 2005-06 6-21-05; Ord 2006-01, 03-06-06; Ord 2006-02, 03-06-06; Ord 2007-03;
850-129 Supplement 2009-02
City of Edina Land Use, Platting and Zoning 850.21
02-20-07; Ord 2007-08 6-1-/07; Ord 2007-09, 06-05-07; Ord. 2007-12, 06-19-07; Ord 2007-13,
06-19-07; Ord 2007-16, 12-4-07; Ord 2007-17, 11-20-07; Ord 2008-01, 03-18-08; Ord 2008-04,
06-17-08' Ord 2009-08, 07-07-09; Ord 2009-09, 07-07-09
Reference: M.S. 103F, 429, 462, 469.001 to 469.047
Cross-Reference: Sections 185, 445, 705, 801, 805, 810, 815, 1045, 1310, 1345, 1405
Note: The Federal Emergency Management Agency ("FEMA") has established criteria for
removing the special flood hazard area designation for certain structures properly elevated on fill
above the 100 year flood elevation. FEMA's requirements incorporate specific fill compaction and
side slope protection standards for multi-structure or multi-lot developments. These standards
should be investigated prior to initiation of site preparation if a change of special flood hazard
area designation will be requested.
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850-130 Supplement 2009-02
City of Edina Streets and Parks 1220.05
Section 1220 - Park Board
1220.01 Establishment. The Council, in order to provide for a City park and open space
system and a City recreation program does hereby establish the Park Board.
1220.02 Duties. The Park Board shall develop and review plans and advise the Council on
the acquisition and development of parks and recreation facilities, and plan and make
recommendations to the Council concerning park activities and recreation programs. The Park
Board shall advise the Council on natural resource, wildlife management, and natural area
preservation issues. The Park Board shall make and furnish studies, reports and
recommendations as the Council may request.
1220.03 Membership. The Park Board shall consist of eleven residents of the City.
One member shall also be a member of the Board of Education of Independent School District
No. 273. One member may be a high school student. Members shall be appointed by the
Mayor with the consent of a majority of the Council; provided, however, that the member
from the Board of Education shall be appointed by the Board of Education with the consent of
the majority of the Council. Terms shall be three years except the Board of Education member
and the student member shall serve one-year terms. Members shall serve until a successor has
been appointed. Upon termination of a member's term, that member's successor shall be
appointed for the remainder of such term. Members of the Park Board shall serve without
compensation and may resign voluntarily or be removed by a majority vote of the Council
pursuant to Section 180 of this Code.
1220.04 Organization. The Park Board shall:
A. Elect from its members a chair and vice chair, each of whom shall serve for a
period of one year.
B. Adopt such bylaws as shall be necessary or desirable for conduct of its business.
C. Appoint a secretary from its membership or request that a staff secretary be
furnished by the City. If a secretary is assigned by the City, the secretary shall perform
only such clerical duties on behalf of the Park Board as may be assigned by the chair
with the consent of the Manager. Additional advisory staff may be assigned to the Park
Board by the Manager.
1220.05 Meetings. All meetings of the Park Board shall be open to the public, be governed
by Roberts Rules of Order, and otherwise by held pursuant to its bylaws. The Park Board
shall hold its regular meetings on such fixed date and in such fixed place as it from time to
time shall determine. The minutes of all meetings shall be recorded and a copy thereof
transmitted to each member of the Council.
History: Ord 1221 codified, amended by Ord 2001-9 11-5-01, Ord 2007-05 04-03-07; Ord
2010-04, 03-02-10
Reference: M.S. 412.501
Cross Reference: Section 180
1220 - 1 Supplement 2010-02
City of Edina Streets and Parks 1221.04
Section 1221 -Art Center Board
1221.01 Establishment. The Council, finding that the encouragement and enhancement of the
arts in Edina is vital to the social and cultural well being of the City and its residents, does hereby
establish the Art Center Board (the "Board").
1221.02 Duties. The Board shall:
A. Make recommendations regarding the operation of the Edina Art Center.
B. Plan and recommend to the Council art activities and programs.
C. Develop a long term plan directed towards fulfilling the needs and desires of Edina
residents with respect to the arts.
D. Recommend programs at the Edina Art Center that are responsive to community
desires.
E. Periodically report to the Council on matters pertaining to the Art Center and public
art in Edina.
F. Initiate and oversee fundraising activities that benefit the Art Center and public art in
Edina.
G. Represent the City at community functions pertaining to the visual arts and with
similar bodies and organizations involved with the visual arts.
H. Oversee the development and implementation of a public visual arts program in Edina.
I. Perform other duties from time to time directed by the Council.
1221.03 Membership. The Board shall consist of eleven members appointed by the Mayor with
the consent of the majority of the Council. One member of the Board may be a high school
student. All members of the Board shall be residents of the City except that not more than three
members may be non-residents. Members shall be appointed for a term of three years except the
student member shall be appointed for a one year term. Members shall serve until a successor has
been appointed. Upon termination of a member's term, that member's successor shall be
appointed for the remainder of such term. Members of the Board shall serve without
compensation and may resign voluntarily or be removed by a majority vote of the Council
pursuant to Section 180 of this Code. Board members who discontinue legal residency in the City
may be removed from office by the Mayor with the consent of a majority of the Council.
1221.04 Meetings. All meetings of the Board shall be open to the public, be governed by
Robert's Rules of Order, and otherwise be held pursuant to its bylaws. The Board shall hold its
regular meetings on such fixed date and in such fixed place as it from time to time shall
determine. The minutes of all meetings shall be recorded and a copy thereof transmitted to each
member of the Council.
1221 - 1 Supplement 2007-02
City of Edina Streets and Parks 1221.06
1221.05 Organization. The Board shall:
a. Elect from its members a chair and vice chair.
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b. Adopt such bylaws as shall be necessary or desirable for conduct of its business.
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c. Appoint a secretary from its membership or request that a staff secretary be furnished j
by the City. Additional staff may be assigned to the Board by the Manager.
1221.06 Committees. The Board shall establish and appoint members to a Public Art
Committee which shall be charged with establishing and implementing a public arts program in
the City. The Public Art Committee shall be chaired by a person who shall be appointed by the
Board chair with the consent of the Board. The Board may establish other committees for the
purpose of carrying out other Board duties.
Ord 2005-08 codified; amended Ord 2007-11, 06-05-07 j
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Cross Reference: Section 180
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1221 - 2 Supplement 2007-02
City of Edina Streets and Parks 1225.04
Section 1225 -Transportation Commission
1225.01 Policy and Establishment. The Council finds that the creation and operation of a street
and transportation system is an integral part of the long-term vision for the City. The Council also
finds that congestion on the regional roadway system and the failure of that system to accommodate
the continued growth in traffic volumes has created and exacerbated traffic volumes, speed and
congestion on local streets; that such volumes, speed and congestion are adversely affecting the
quality of life of the City's residents; that businesses located in the City are adversely affected by the
inadequacy of the regional system to move people and goods; and that improving the local
transportation system is consistent with the Comprehensive Plan and strategic plans of the City.
Therefore, the Council hereby establishes the Transportation Commission (the "Commission").
1225.02 Purpose and Duties. The Commission shall:
A. Advise the Council on matters relating to the operation of the local street system with
respect to traffic volumes, congestion, and functional classification, but not maintenance
activities, of the City.
B. Review and comment on plans to enhance mass transit opportunities in the City.
C. Review the findings of the Local Traffic Task Force and offer recommendations for
implementation.
D. Evaluate methods for traffic calming and other speed and volume mitigation measures
and recommend their implementation where appropriate.
1225.03 Membership. The Commission shall consist of ten members appointed by the Council.
The Council shall endeavor to appoint members such that the Commission is reflective of the different
geographic areas of the City. One member of the Commission shall also be a member of the Planning
Commission. One member of the Commission shall also be a member of the Bike Edina Task Force
or any existing similar organization, or shall otherwise have an expertise or interest in bicycling as a
mode of transportation. One member of the Commission may be a high school student, who shall
serve as a non-voting member of the Commission. Members shall serve until a successor has been
appointed. All members of the Commission shall be residents of the City and shall be appointed for a
term of three years except any student member shall be appointed for a term of one year, commencing
on a date determined by the Council. 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 Council.
1225.04 Meetings. All meetings of the Commission shall be open to the public, be governed by
Robert's Rules of Order, and otherwise be held pursuant to its bylaws. The Commission shall hold its
regular meetings on such fixed date and in such fixed place as it from time to time shall determine.
The minutes of all meetings shall be recorded and a copy thereof transmitted to each member of the
Council.
History: Ord 2003-09; 7-15-03; amended by Ord 2003-14 12-16-03; Ord 2005-07 7-19-05; Ord
2008-05, 04-01-08
Cross Reference: Section 180
1225 - 1 Supplement 2008-01
City of Edina Control of Traffic and Vehicles 1435.04
Section 1435 - Snowmobiles, Motorcycles, All Terrain Vehicles
1435.01 Supplementary Provisions. The provisions of this Section are supplementary to
those in M.S. Chapter 84, M.S. Chapter 169 and Section 1400 of this Code. If any
provisions of this Section are inconsistent with the provisions of M.S. Chapter 84 or the
rules adopted thereunder, M.S. Chapter 169 and Section 1400 of this Code, then the
provisions of M.S. Chapter 84 or the rules adopted thereunder, M.S. Chapter 160, and
Section 1400 of this Code shall control.
1435.02 Definitions. Unless the context clearly indicates otherwise, the following words
have the meanings given in this Subsection:
All Terrain Vehicle (ATV). A motorized flotation-tired vehicle of not less than three
low pressure tires, but not more than six tires, that is limited in engine displacement
of not less than 800 cubic centimeters and total dry weight less than 600 pounds.
Motorcycle. A self-propelled vehicle having a saddle for use of the rider and
designed to travel on not more than three wheels in contact with the ground. The
term includes motor scooter, motor bike and motor bicycle but does not include
tractors, earth moving equipment or lawn mowers.
Snowmobile. A self-propelled vehicle designed for travel on snow or ice steered by
skis or runners.
1435.03 Places Where Prohibited. No person may operate an ATV, motorcycle or
snowmobile in the following places:
Subd. 1 Private Property. On private property except with the written permission
of the owner or lawful occupant.
Subd. 2 Public Property. On streets, highways, alleys, sidewalks, parks,
playgrounds, school grounds or any other property owned by the public or subject
to an easement held by the public, provided, however, (i) properly licensed
motorcycles may be operated on streets and highways subject to the provisions of
M.S. Chapter 169 and Section 1400 of this Code and (ii) golf carts may be operated
on golf courses.
Subd. 3 Public Waters. On any public waters, as defined in M.S. 103G.005,
within the jurisdiction of the City.
1435.04 Exception. Motorized golf carts or four-wheel ATVs may be operated by
physically disabled persons as defined by M.S. 169.345, Subd. 2, subject to a permit issued
pursuant to this Subsection.
1435 - 1
City of Edina Control of Traffic and Vehicles 1435.04
Subd. 1 Application. An application for a permit shall be submitted to the Police
Chief on forms provided by the Police Chief. The application shall include:
A. The name, address and telephone number of the applicant.
B. A certificate of insurance in accordance with M.S. 65B.48, Subd. 5.
C. The certificate required by M.S. 169.345, Subd. 2A, certifying that the
applicant is a physically disabled person.
D. A certificate signed by a physician that the applicant is able to safely
operate a motorized golf cart or four-wheel ATV on the roadways designated
by this Subsection.
E. The make, model, and license number of the motorized golf cart or four-
wheel ATV proposed for use by the applicant.
Subd. 2 Term of Permit. The term of the permit shall be one year from the date
of issuance.
Subd. 3 Designated Roadways. Motorized golf carts or four-wheel ATVs may be
operated by a physically disabled person who has a current permit issued pursuant
to this Subsection only on the following roadways:
A. Sidewalks, trails, and alleys.
B. Private property.
C. The travelled portion of streets, except those designated by the
Comprehensive Plan as collectors or arterials.
History: Ord 1433 codified 1970
Reference: M.S. 65B.48, 84, 169
Cross Reference: Section 1400
1435 - 2