HomeMy WebLinkAbout19840227_regularFINAL
EXHIBIT
Minutes
A to
of 3/5/84
Adopted March 5,1984
CITY OF EDINA, MINNESOTA
ZONING ORDINANCE
NO. 825
MARCH 5, 1984
TABLE OF CONTENTS
Page
SECTION 1
SECTION 2
SECTION 3
SECTION 4
SECTION 5
SECTION 6
SECTION 7
SECTION 8
SECTION 9
SECTION 10
SECTION 11
SECTION 12
SECTION 13
SECTION 14
SECTION 15
SECTION 16
SECTION 17 *
SECTION 18
SECTION 19
SECTION 20
SECTION 21
SECTION 22
SECTION 23
APPENDIX:
FINDINGS, PURPOSE AND OBJECTIVES
SHORT TITLE
RULES OF CONSTRUCTION; INT!BWRETATION;
SEVERABILITY; DEFINITIONS
ADMINISTRATION AND PROCEDURES
DISTRICTS
DISTRICT BOUNDARIES
GENERAL REQUIREMENTS APPLICABLE TO ALL
DISTRICTS EXCEPT AS OTHERWISE STATED
PARKING AND CIRCULATION
LOADING FACILITIES
LANDSCAPING AND SCREENING
DOUBLE DWELLING UNIT DISTRICT (R-2)
PLANNED RESIDENCE DISTRICT (PRD, 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)
REPEALER
EFFECTIVE DATE
SINGLE DWELLING UNIT DISTRICT (R-1)
Composite Copy of Zoning Map
Floodplain Zone Profile
Floodplain Zoning Map
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ORDINANCE NO. 825
AN ORDINANCE DIVIDING THE CITY OF EDINA INTO DISTRICTS
AND ESTABLISHING STANDARDS AND PROCEDURES REGULATING
THE USES, INTENSITY OF DEVELOPMENT, LOCATION,
ARRANGEMENT, SIZE AND HEIGHT OF BUILDINGS AND
STRUCTURES IN EACH DISTRICT, CREATING A BOARD OF
APPEALS AND ADJUSTMENTS, PROVIDING FOR HERITAGE
PRESERVATION, CONTROLLING THE USE OF AND DEVELOPMENT
CITY ORDINANCES NO. 811 AND 816; FOR THE PURPOSE OF
PROMOTING THE HEALTH, SAFETY AND GENERAL WELFARE OF
THE RESIDENTS IN THE CITY.
IN FLOODPLAINS, PRESCRIBING A PENALTY, AND REPEALING-
THE CITY COUNCIL OF THE CITY OF EDINA, ORDAINS:
SECTION 1. FINDINGS, PURPOSE AND OBJECTIVES
The City Council of the City of Edina 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 City of Edina Comprehensive Plan, as from time to time
amended, which constitutes the City of Edina's statement of philosophy
concerning the use of land within its jurisdiction. Through the
enactment of this ordinance, the City 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.
I Specifically, this ordinance is intended to implement the folJowing
objectives, some-of which are contained in the Comprehensive Plan:
1. To maintain, protect and enhance single family detached
dwelling neighborhoods as the dominant land use.
2. To 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.
3. To 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.
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4. To encourage a more creative ant imaginative approach to
the development of multi-family developments.
5. To provide an enjoyable living environment by preserving
existing topography, vegetation, streams, water bodies and other
natural land and water forms.
6. To 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.
7. To encourage orderly development, use and maintenance of
office, commercial and industrial uses which are compatible with the
residential character of the City. m 8. To 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.
9. To establish requirements for parking and loading to
minimize impacts on public streets and surrounding properties.
10. To 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.
11. To preserve buildings, lands, areas and districts which
possess historical or architectural significance.
12. To protect surface and ground water supplies, minimize the
possibility of periodic flooding resulting in loss o€ life and
property, health and safety hazards and related adverse effects.
13. To allow interim uses of closed public school buildings.
This ordinance 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 setbah
of buildings and structures and the use of buildings, structures and e
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properties for residences, retailing, offices, industry, recreation,
institutions and other uses. This ordinance also provides procedures for
the transfer of property to another district, procedures for the issuance
of conditional use permits, establishes the Board of Appeals and
Adjustments, provides for the administration of this ordinance, and
establishes penalties and remedies for violations. This ordinance 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.
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SECTION 2. SHORT TITLE
The short title by which this ordinance may be referred to shall be
the "Zoning Ordinance. )I
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SECTION 3. RULES OF CONSTRUCTION; INTERPRETATION; SEVERABILITY;
DEFINITIONS
A. Rules of Construction. In construing this ordinance, 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 ordinance:
1. Words used in the present tense shall include the past and
future tenses, and the future tense shall include the present.
2. Words in the singular shall include the plural, and the
plural shall include
3. The word
permissive.
4. The use of
5. References
the singular.
"shallf1 is mandatory, and the word llmayll is
one gender shall include all other genders.
herein to the Manager, Planner, Assessor, -~ Engineer, Building Official and Clerk shall mean the person who then
holds that position in the City, unless otherwise expressly stated.
6. The use of the phrase "used for" shall include the phrases
"designed for," "intended for," "improved for," "maintained for,"
"offered for," and ''occupied for."
7. Words and phrases shall be construed according to rules of
grammar and according to their common and approved usage; but
technkal words and phrases and such others as have acquired a
special meaning, or are defined in this ordinance, shall be construed
according to such special meaning or their definition.
8. References in this ordinance to this ordinance or to
another City ordinance, whether or not by specific number, shall mean
this ordinance, and the referred-to ordinance, as it is in force as
of the effective date of this ordinance, and as such ordinance may
from time to time thereafter be amended and modified, and shall also
mean and include such ordinances as may supersede or be substituted
for the ordinance so referred to.
9. The R-1 District is also used as a holding or apen
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 section 4 of this ordinance.
B. Interpretation. The provisions of this ordinance shall be the
minimum requi'rements for the promotion of the public health, safety,
morals and general welfare. It is not the intention of this ordinance to
interfere with, abrogate or annul any covenant or agreement between
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parties. Where this ordinance imposes greater restrictions than any
other applicable statute, ordinance, rule or regulation, this ordinance
shall control when and to the extent allowed by state statute. Where any
other applicable statute, ordinance, rule or regulation, including,
without limitation, as to section 21 hereof, those of the Minnehaha Creek
Watershed District and the Nine Mile Creek Watershed District, and the
Minnesota Department of Natural Resources, imposes greater restrictions
than this ordinance, such other statute, ordinance, rule or regulation
shall control. The section, subsection and paragraph headings are for
reference only, and shall not be used to interpret, enlarge or detract
from the provisions of this ordinance. Any use not specifically allowed
by this ordinance 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 ordinance.
C. Severability. If any section, subsection, paragraph, sentence,
clause or phrase of this ordinance is, for any reason, held to be invalid
or unenforceable as to any person or circumstance, the application of
such section, subsection, paragraph, sentence, clause or phrase to
persons or circumstances other than those as to which it shall be invalid
or unenforceable, shall not be affected thereby, and all other provisions
of this ordinance, in all other respects, shall be and remain valid and
enforceable.
D. 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 ordinance 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.
Alley: A public right of way less than 30 feet in width which
is used or usable for a public thoroughfare.
Alteration: A physical change in a building or structure that
requires the issuance of a 'building permit in accordanae with
the ordinances of the City, but exclading 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.
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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 incidental use.
Basement: A floor level of a building which is located partly
or completely underground.
Board: The Board of Appeals and Adjustments of the City
established by this ordinance.
Building: A structure used or intended for sheltering any use,
property or occupancy.
Building Coverage: The percentage of the lot area occupied by
buildings and structures.
Building Height: The distance measured from the average
proposed ground elevation adjoining the building or structure 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.
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 waghing motor
vehicles and which is accessory to an automobile service center
or gas station. An accessory car wash shall comprise only one
normal service bay of an automobile service center or gas
stat ion.
City: The City of Edina.
Club: A non-profit organization with bona fide members paying
annual dues, which owns, hires or leases a building, or portion
thereof, the use of which is restricted to members and their
guests.
Commission: The Community Development and Planning Commission
of the City. 1
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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 thereof,
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: The comprehensive municipal plan adopted by
the Council, as from time to time amended, all pursuant to state
statutes .
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' ordinance 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.
Council: The Council of the City.
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 ordinance.
Day: A calendar day.
Day Care: k 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 free-standing 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
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be integral to a deck shall be considered for setback'purposes
as accessory buildings if the deck is free-standing 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 ordinance establishes
restrictions and requirements. A district+may be divided into
subdistricts.
Drive-In: A principal 'or accessory use which sells or serves
products or merchandise to customers waiting in vehicles who
then consume or use the product or merchandise within the
vehicle while on the lot occupied by the principal or accessory
use.
Drive-Through Facility: An accessory use which provides goods
or services to customers waiting in vehicles who then leave the
lot to consume or utilize any goods which may have been
received. Employees of the principal use shall not leave the
confines of the principal or accessory building to dispense said
goods or services.
Dwelling Unit: One or more rooms connected together, but which
is or are separated from all other rooms in the same building,
which room constitutes, or rooms constitute, a separate,
independent unit with facilities for cooking, sleeping and
eating, and used for residential occupancy. A room or rooms
shall be deemed to be a dwelling unit if it contains or they
contain facilities for cooking, sleeping and eating, if it or
they can be separated from all other rooms in the same building,
if access can be gained without entering or passing through any
living space of another dwelling unit, and .if it is or they are
used for residential occupancy.
Efficiency Apartment: A dwelling unit consisting of one room
exclusive of bathroom, kitchen, hallway, closets or dining
alcove directly adjoining the one room.
Efficiency Dwelling Unit: See Efficiency Apartment.
Frontage: %.at 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:
motor vehicles or
periods exceeding
A principal building used for the repair of
the storage, for a fee, of motor vehicles for
24 hours.
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Gas Station: A principal building and i-s 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
and/or servicing are provided, the use shall be classified as an
automobile service center.
Gross Floor Area: 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, breezeTTays
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 ordinance shall mean llgross
floor area" as herein defined, unless otherwise specifically
stated.
8 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 organizatons.
- Lot: The basic development unit for purposes of this
ordinance. 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
ordinance. A lot, except lots in a townhouse plat, must have at
least 30 feet frontage on a street other than a 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 wh?ch does
not exceed 135 degrees.
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Lot Depth: The horizontal distance between the midpoint of the
front lot line and the midpoint of the rear lot line. The
greater frontage of a corner lot is its depth and the lesser
frontage is its width.
Lot - Interior: A lot other than a corner lot.
Lot Line - Front: The boundary of a lot having frontage on a
street. The owner of a corner lot may select either frontage as
the front lot line.
Lot Line - Interior: Any boundary of a lot not having frontage
on a street.
Lot Line - Rear: The boundary of a lot which is most distant
from, and approximately parallel with, the front lot line.
Lot Line - Side: Any boundary of a lot which is not a front or
rear lot line.
Lot - Through:
Lot - Width: The horizontal distance between side lot lines
measured at right angles to the line establishing the lot depth
An interior lot having frontage on two streets. .
at a point of 50 feecfrom the front lot
Motel: See Hotel.
Motor Hotel: See Hotel. \ J
Multi-Residential Use: A residential
Planned Residence District and the Mixed
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use permitted in the
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 ordinance 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 the
subdivision ordinances of the City, due to the enactment of this
ordinance, or of such subdivision ordinance, or any amendments
to either thereof, 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
'rocated due to the enactment of this ordinance, or any amendment
hereto, but which was a lawful use as of the date it was first
commenced.
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Non-Profit Organization: An organization which is qualilfied for
tax exemption under Sections 501(c)(3) or 501(c)(4) ,of the
Internal Revenue Code of 1954, as amended.
Nursing Home: See Convalescent Home.
Outlot: A designation for a parcel of platted property which is
to be dedicated to the public, reserved €or future development,
conveyed to and owned by an association of owners of lots in a
townhouse plat, or otherwise excepted from the plat. Outlots
shall not be improved with any buildings or structures (except
those which are publicly owned) unless first subdivided into
lots and blocks pursuant to the subdivision ordinance of the
City.
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 5.y wal1.s
and a roof, and containing one or more levels for the short-term -
. parking of vehicles.
Parking Ram?: A structure which is not totally enclosed,
containing one or more levels for the short term parking of
vehicles.
Patio:; A portion of a lot which is improved with a surfacing
material including, but not limited to, concrete, asphalt or
decorative bricks, which is intended or designed for use as
outdoor living space and is not enclosed by solid or non-solid
walls or a roof. Enclosures or covered areas such as gazebos,
breezeways and porches which may be integral to a patio will be
considered for setback purposes as accessory buildings if the
patio is free-standing or as part of the principal building if
the patio is attached to 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'ixcupant, for periods of 30 days or more for a rental,
fee, or other compensation, or pursuant to other arrangements
with the owner.
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Residential Use: See Residential Occupancy.
Rest Home: See Convalescent Home.
Senior Citizen Dwelling Unit: (i) A one bedroom dwelling unit
within an apartment building with a kitchen, bathroom, living
and storage space, of not less than 550 square feet nor more
than 650 square feet, and specifically designed for occupancy by
a single individual 62 years of age or over, or two individuals,
one of whom is 62 years of age or over; (ii) A one bedroom
dwelling unit within an apartment building with a kitchen,
bathroom, living and storage space, of not less than 550 square
feet nor more than 700 square feet, and specifically designed
for occupancy by a handicapped individual; and (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 forwardmost 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
park 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.
Shopping Center: A group of unified commercial establishments
located on a single tract, permitted in the PC-1, PC-2 and PC-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 encumbrancers of the
shopping center, and duly recorded in the proper office to give
constructive notice thereof.
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Story: Th t 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:
improved as a public thoroughfare.
A public right of way 30 feet or more in width which is
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, except parking lots and
driveways.
Swimming Pool: A constructed pool, used for swimming or
bathing, with a water surface area exceeding 100 square ifeet.
The term shall also include the deck area required by City
ordinances 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 ordinance.
Townhouse Plat: The subdivision, by recorded plat approved by
duly adopted resolution of the Council, of land for townhouses,
or double dwelling unit buildings, whereby all lot lines are
coterminous, or nearly so, with the boundaries of the foundation
of each townhouse or double dwelling unit building, and the acea
of the land lying outside of the lots and within the subdivision
is described as an outlot which is owned by an association of
owners of the lots in the townhouse plat.
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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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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.
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SECTION 4. ADMINISTRATION AND PROCEDURES
A. Variances and Appeals.
1. Organization of Board. There is hereby established a
separate Board of Appeals and Adjustments of the City. All members
from time to time of the Commission shall be members, and the other
members shall be four citizens of the City appointed for a term of
three years by the Mayor with the consent of the 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 Minnesota Statutes Section 462.354, Subdivision 2. The
Board shall make no decision until the Commission, or a
representative of it, has had reasonable opportunity to review and
report to the Board concerning the decision. All members-shall serve
without compensation. That Commission member in attendance at a
meeting who has the then longest continuous service on the Commission
shall be the Chairman for that meeting. Staff services shall be
provided by the Planning Department. 8 2. 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:
(a) requests for variances from the literal provisions of
this ordinance; and
(b) 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 ordinance.
3. 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. The petition shall be
accompanied by plans and drawings which clearly illustrate, to the
satisfaction of the Planner, or his designee, 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.
-A 4. Appeals of Administrative Decisions. A person who deems
himself aggrieved by an alleged error in any order, requirement,
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decision or determination made by an administrative officer in the
interpretation and enforcement of this ordinance, 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.
5. Hearing and Decision by the Board; Notice.
(a> Within 60 days after the Planner, or his designeei
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
thereof.
(b) Notice of variance hearings shall be mailed not less
than ten days before the date of the hearing to the person who
filed the petition for variance and to each owner of property
situated wholly or partially within 200 feet of the property to
which the variance relates insofar as the names and addresses of
such owners can be reasonably determined by the Clerk from
records maintained by the Assessor.
(c> 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.
(d) No new notice need be given for any hearing which is
continued by the Board to a specified future date.
6. Findings For Variances. The Board shall not grant a
petition for a variance unless it finds that the strict enforcement
of this ordinance would cause undue hardship because of circumstances
unique to the petitioner's property and that the grant of said
variance is in keeping with the spirit and intent of this ordinance.
TJndue hardship" means that the property in question cannot be put to
a reasonable use as allowed by this ordinance, the plight of the
petitioner is due to circumstances unique to his property which were
not created by the petitioner, and 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 ordinance.
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7. ' Appeals from Decisions of the Board.
(a) The following individuals'may appeal a decision of the
Board :
(i) any petitioner for a variance;
(ii) any owner to whom notice of the variance hearing is
required to be mailed pursuant to this ordinance;
(iii) the appellant in the case of an appeal of an
administrative decision;
(iv) any person who deems himself aggrieved by the
Board's decision on the appeal of an administrative
decision; and
(v) any administrative officer of the City.
(b) 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.
8. 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 ordinance, unless such procedures have then been
changed by amendment to this ordinance, in which event, the then
applicable procedure shall be used.
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9. Conditions on Variance Approvals. In granting a variance,
the Board, or the Council on appeal, may impose conditions to insure
compliance with the purpose and intent of this ordinance and to
protect adjacent properties.
10. Form of Action Taken and Record Thereof. 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 a
the variance petition or appeal of administrative decision. If a
variance is granted, the petitioner, at its expense, shall duly
record the final order in the proper office to give constructive
notice thereof. A verified copy of such order, with the recording
data thereon, shall be delivered to the Planner. The Board, or the
Council on appeal, may require such order to be recorded and such
verified copy delivered to the Planner before the ?Fiance shall be
effective.
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11. Lapse of Variance By Non-User; Extension of Time.
(a) 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 oli
improvement has been granted as provided herein.
(b) A petition for extension shall be in writing and filed
with the Clerk within such one year period. The petition €or
extension shall state facts showing a good faith attempt to use
the variance and shall state the additional time requested to
commence the proposed work or improvement. The petition shall
be presented to the Board for hearing, findings and decision in
the same manner as the original petition for variance, unless
such procedures have then been changed by amendment to this
ordinance, in which event the then applicable procedure s;lall be
used. 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.
B. Rezoning.
1. Initiation of Rezoning Process.
(a) A petition for rezoning may be initiated by the owner
or owners of land proposed for transfer to another district or
subdistrict, the Council or the Commission.
(b) A petition by an owner shall be on forms provided by
the Planning Department, shall be submitted with plans, data and
information required herein, and such other information that, in
the opinion of the Planner, are necessary for evaluation of the
pet i t ion.
2. 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 Planning Department, 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 Planning
Department, shall be constructed of sturdy material, shall be neatly
lettered, and shall be easily viewable from, and readable by persons
.
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on, the adjoining street. The sign or signs shall contain the
following information:
"This property proposed for rezoning by:
(Name of Petitioner or Applicant)
(Telephone of Petitioner or Applicant)
For information contact Edina Planning Department:
Telephone No. 927-8861"
The sign or signs shall be erected not less than ten days prior to
the first hearing on the petition before the Commission. 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 herein required and for at least the required number of
days preceding the hearing. The sign or signs at all times 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 b'e
removed by the petitioner within five days after such final
decision. The failure of any petitioner to fully comply with the
provisions of this paragraph relating to such sign or signs shall not
prevebt the Commission and Council from acting on such petition nor
invalidate any rezoning granted by the Council. If such signs are
not kept in good repair or removed as herein required, then such
signs shall be deemed a nuisance and may be abated by the City by
proceedings under Minnesota Statutes, Chapter 429, or any other then
applicable statute, 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 or signs
are located.
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3. Procedure for Rezoning to Planned Residential District ,
Mixed Development District, Regional Medical District, Planned Office
District, Planned Commercial District and Planned Industrial District. .
(a> Preliminary Development Plan. The petition for
rezoning shall include a Preliminary Development Plan drawn to a
scale of not more than 50 feet to the inch upon which are shown
the following data and information:
.
(i> 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, watercourses e ---and floodplains located thereon;
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(ii) 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;
(iii) 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;
(iv) the location, arrangement and number of automobile
parking stalls and truck loading facilities; and
(VI 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
insure compliance with the requirements of this ordinance
and other applicable City ordinances.
(b) Commission Review of Preliminary Development Plan.
Within 45 days after receipt by the Planning Department of the
petition, fee and all other information herein required, in form
and substance acceptable to the Planner, the Planning Department
will review the petition, Preliminary Development Plan and the
other information provided by the petitioner, and forward a
report to the Commission. The Commission shall review the
report of the Planning Department and send its recommendation to
the Council.
(c) Council Hearings and Decision; Preliminary Zoning
Approval. Upon request of the Planner, Manager or petitioner,
and after review and recommendation by the Commission, the
Council shall conduct a public hearing regarding the petition
and preliminary Development Plan. The hearing shall be held not
later than 60 days after the date of the recommendation by the
Commission. A notice of the date, time, place and purpose of
the hearing shall be published in the official newspaper of the
City at least ten days prior to the date of the hearing. A
similar notice of hearing shall be mailed at least ten days
before the date of the hearing to each owner of property.
situated wholly or partly within 500 feet of the tract to which
the petition relates insofar as the names and addresses of such
owners can rezsonably be determined by the Clerk from records
maintained by the Assessor. After hearing the oral or written
views of all interested persons, the Council shall make its
decision at the same meeting or at a specified future date. No
new notice need be given for hearings which are contined by the
Council to a specified future date. An affirmative vote of
four-fifths of all members of the Council shall be required to
grant preliminary rezonin'g\approval. If preliminary rezoning
approval is granted, the petitioner may prepare a Final
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i 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 such modifications, and comply with
such conditions, in the Final Development Plan, or at such other
time and by such other documents, as the Council may require or
as shall be appropriate.
(d) Final Development Plan. The Final Development Plan
shall include all information and data delineated, or required
to be delineated, on the Preliminary Development Plan and, in
addition, the following data and information:
(i) exact location and elevation drawings of all
existing and proposed structures on the tract including a
description of existing and proposed exterior building
materials;
(ii) 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 therefor;
(iii) a landscape plan and schedule in accordance with 8 section 10 of this ordinance;
(iv) a general overall grading plan indicating final
grades and the direction and destination of surface
drainage ;
(v) 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 therefor; and
(vi) any other information necessary, in the opinion of'
the Planner, to evaluate the plan, determine consistency
with the Comprehensive Plan and to insure compliance with
the requirements of this ordinance and other applicable
City ordinances.
(e) Commission Review of Final Development Plan. Within
45 days after submission of the Final Development Plan in form
and substance acceptable to the Planner, the Commission shall
review the Final Development Plan and shall recommend approval
by the Council upon finding that the proposed development:
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(i)
(ii)
is consistent with the Comprehensive Plan;
is consistent with the Preliminary Development Plan
as approved and modified by the Council and containing the
conditions imposed by the Council to the extent such
conditions can be complied with by the Final Development
Plan;
(iii) will not be detrimental to properties surrounding
the tract;
(iv) will not result in an overly-intensive land use;
(VI will not result in undue traffic congestion or
traffic hazards;
(vi) conforms to the provisions of this ordinance and
other applicable City ordinances; and .
(vii) 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. ..
(f) 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.
Final approval shall require a four-fifths favorable vote of all
members of the Council. Approval may be made subject to
modifications and conditions which, together with the
modifications and conditions made by the Council 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 approvai 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 the modifications and conditions, if any,
‘\made by the Council have been met and fulfilled to the
satisfaction of the Planner.
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(g) Exceptions From Lot Area, Dimensions, Building Bulk,
Setbacks and Height Requirements. The Council may authorize
exceptions from otherwise applicable lot area, dimensions,
building bulk, setbacks and height requirements in connection
with and at the same time as final rezoning approval.
(h) Filing. The approved Final Development Plan shall be
filed in the Planning Department.
(i) 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 ordinance and
other applicable City ordinances. 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 ordinance, the approved Final Development
Plan, as modified by, and with the conditions made by, the
Council, and other applicable City ordinances.
(j> Changes to Approved Final Development Plan. Minor
changes in the location and placement of buildings or other
improvements due to unforseen 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 af the property shall be
acted on, reviewed and processed by the Commission and qouncil
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.
4. Procedure for Rezoning to Single Dwelling Unit District,
Double Dwelling Unit District and Automobile Parking District.
(a) Commission Review. Within 45 days after receipt of
the petition in form and substance acceptable to the Planner,
and required fee, the Commission shall review the report of the
Planning Department and send its recommendation to the Council.
(b) Counc'il 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 hearinghA similar notice of hearing shall be
mailed at least ten days before the date of the hearing to each
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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 four-fifths of all members of the Council shall be
required to grant preliminary rezoning approval. In granting
preliminary rezoning approval, the Council may make
modifications to, and impose conditions on, the proposed
rezoning.
(c> 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 thereupon consider final
rezoning approval. An affirmative vote of four-fifths of all
members of the Council shall be required to grant final rezoning
approval. Final rezoning approval shall include authorization
to publish the ordinance 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 ordinance amendment is published.
5. 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
ordinance as if it were a new petition.
6. 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 transfering
the same tract, or any part thereof, to the same district or
subdistrict (if the district has been divided into subdistricts) to
which such, transfer was previously denied. Provided, however, that
such petition may be filed if so directed by the Council on a
three-fifths favorable vote of all members of the Council after
presentation to the Council of evidence of a change of facts or
circumstances affecting the tract.
7. Lapse of Rezoning by No3qser. 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
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commenced, within two years af -er final rezoning approval of the
tract by the Council, then the Commission, at any time, and from time
to time thereafter, and until such building permit is obtained and
such erection or alteration commenced, may review the zoning
classification of such tract to determine if it continues to conform
with the Comprehensive Plan. Based upon such review, the Commission
may recommend to the Council that the final rezoning approval of the
tract as prevously 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 the original petition for rezoning as provided by this
ordinance, unless such procedures have then been changed by amendment
to this ordinance, in which event the then applicable procedure shall
be used. 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.
C. Transfer to Planned Districts by This Ordinance.
1. Improved Lots. Any lot transferred by this ordinance 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 the effective date of this
ordinance, is improved with a building or buildings, shall not be
required to comply with the provisions of section 4 of this ordinance
relative to a transfer of that lot to such planned district,;
provided, however, that: ;
(a> 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,
(b) no building existing on the lot as of the effective
date of this ordinance shall be added to or enlarged in gross
floor area by more than ten percent,
e
i
8
(e>
(d) 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 (a), (b), (c) and (d) above, the then owner or
owners of the lot shall comply with and complete the process for Final
no dwelling units shall be added, and
1
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Development Plan approval established by paragraphs B.3(d) through B.3(j)
of section 4 of this ordinance and shall conform to and comply with all
other provisions of this ordinance; 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 section 7 of this ordinance relating to
non-conforming uses, buildings and lots, which shall also be complied
with to the extent applicable.
2. Unimproved Lots. Any lot transferred by this ordinance 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 the effective date of this
ordinance, is not improved with a building or buildings shall, be
required, notwithstanding the transfer to such district by this
ordinance, in connection with any improvement of the lot, to comply
with and complete the process for Final Development Plan approval
established by paragraphs B.3(d) through B.3(j) of section 4 of this
ordinance, and shall conform to and comply with all other provisions
of this ordinance, provided that only three-fifths favorable vote of
the Council shall be required to grant Final Development Plan
approval.
D. Conditional Use Permits.
1. Initiation of Conditional Use Permit.
(a> An application for a conditional use permit’may be
initiated by the owner or owners of the lot or building in
question.
(b) The application shall be on forms provided by the
Planning Department, shall be submitted with plans, data and
information required herein, and such other information as, in
the opinion of the Planner, are necessary for evaluation of the
application.
2. Sign. All provisions and requirements in this ordinance
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.
3. Application Data.
(a> If the conditional use permit is requested to allow a
principal or accessory use that requires the construction of a
new building or its accessory use facilities, or additions or
4-1 2
enlargements to an existing building or its accessory use
facilities, the application shall be drawn to a scale acceptable
to the Planner, and be accompanied by plans containing the
following date and information:
(i) elevation drawings of all new buildings or
accessory use facilities, or additions and enlargements to
existing buildings or accessory use facilities, including a
description of existing and proposed exterior building
materials;
(ii) the location, dimensions and other pertinent
information as to all proposed and existing buildings,
structures
driveways,
(iii) a
section 10
(iv) a
floor area
and other improvements, streets, alleys,
parking areas, loading areas and sidewalks;
landscape plan and schedule in accordance with
of this ordinance;
floor plan showing the location, arrangement and
of existing and proposed uses; and
(VI 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
ordinance and other applicable City ordinances.
(b) If the conditional use permit is requested to allow a
principal or accessory use that does not require construction of
a new building or its accessory use facilities, or additions or
enlargements to an existing building or its accessory use
facilities, the application shall be accompanied by plans
showing :
(i> the location, arrangement and floor area of
existing and proposed uses;
(ii) the location, dimensions and other pertinent
information as to all buildings, structures, streets,
alleys, driveways, parking areas, loading areas, sidewalks
and landscaping; and
(iii) any other information required, in the opinion of
the Planner, to evaluate the application, determine
consistency with the Comprehensive Plan, and insure
compliance with the requirements contained in this
ordinance and other applicable City ordinances.
\
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4. Commission Review and Recommendation. Within 45 days after
receipt by the Planning Department of the application, fee and all
other information herein required, in form and substance acceptable
to the Planner, the Planning Department shall review the application
and other information provided by the applicant and forward a report
to the Commission. The Commission shall review the report of the
Planning Department and send it's recommendation to the Council.
5. 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 I of the City at least ten days prior to the
date of the hearing. A similar notice of hearing shall be mailed at
least ten days before the date of the hearing to each owner of
property situated wholly or partly within 500 feet of the tract to
which the application relates insofar as the names and addresses of
such owners can reasonably be determined by the Clerk from records
maintained by the Assessor. After hearing the oral and written views
of all interested persons, the Council shall make its decision at the
same meeting or at a specified future date. No new notice need be
given for hearings which are continued to a specified future date.
The Council shall not grant a conditional use permit unless it finds
that the establishment, maintenance and operation of the use:
..
(a> will promote and enhance the general public welfare
and will not be detrimental to or endanger the public health,
safety, morals and general welfare; j
(b) will not cause undue traffic hazards, congestion or
(c) will not be injurious to the use and enjoyment, or
parking shortages;
decrease the value, of other
not be a nuisance;
(d) will not impede the
improyement of other property
(e> will not create an
and other public facilities;
property in the vicinity, and will
normal and orderly development and
in the vicinity;
excessive bdrden on parks, streets
(f) conforms to the applicable restrictions and special
conditions of the district in which it is located as imposed by
this ordinance; and
\ .- (g> is consistent with the Comprehensive Plan.
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a 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.
6. Conditions and Restrictions. The Commission may recommend
that the Council impose, and the Council without such recommendation
may impose, such 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 ordinance and other applicable City ordinances, and to ensure
consistency with the Comprehensive Plan. The Council may require
such evidence and guarantees as it may deem necessary to secure
compliance with any conditions imposed herewith. No use shall be
established or maintained, and no building or other permit for
establishing or maintaining such use shall be granted, until all
conditions imposed by the Council, to be met and fulfilled prior to
such establishment or maintenance, are met and fulfilled to the
satisfaction of the Planner.
7. Expansions of Conditional Uses. No use allowed by
' thereto, shall be increased in gross floor area or height, nor shall
any off-street parking facilities accessory thereto be enlarged in
surface area to accommodate additional automobiles, without first
obtaining, in each instance, a conditional use permit therefor.
I conditional use permit, or any building or structure accessory
8. 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
such denial by the Council. Provided, however, that such 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.
9. Lapse of Conditional Use Permit by Non-User; Extension of
Time.
(a) If within two years after the date of the' meeting at
which the conditional use permit was granted the use described
in the application has not commenced, the conditional use permit
shall beFome null and void unless a petition for extension of
time has been granted as provided herein.
(b) A petition for extension shall be in writing and filed
with the Clerk within two years after the date of the meeting at
which the conditional use permit was granted. The petition for
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extension shall-state facts showing a good faith attempt to use
the conditional use permit and shall state the additional time
requested to commence the use. Such petition shall be presented
to the Council for hearing and decision in the same manner as
the original application unless such procedures have been
changed by amendment to this ordinance, in which event the then
applicable procedure shall be used. The Council may grant an
extension of the conditional use permit for up to one year upon
finding that:
(i) a good faith attempt to use the conditional use
permit has been made,
(ii) there is a reasonable expectation that the
conditional use permit will be used during the extension,
and
(iii) 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 commenced when all work described+ in the
original application, or information provided therewith,
has been completed and received final City approvals.and
the use is operating for the purposes described in the
original application.
E. Fees and Charges.
> 1. Petitions and Applications. Each petition or application
filed with or submitted to the City pursuant to this ordinance shall
not be deemed filed or submitted, ani 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 City Ordinance No. 171. 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.
2. 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 ccsts as herein provided, incurred
by the City in connection with or as a result of reviewing and acting
on such petition or application. If more than one person signs a
petition or application, all such signers shall be jointly and
severally liable for such expenses and fees, with interest and costs
as herein provided. The expenses and fees to be paid to the City
pursuant to this paragraph shall be payable upon demand made by the
'-6ity, and if not paid within five days after such demand is made,
shall bear interest from the date of demand until paid at a rate
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equal to the lesser of the highest interest rate allowed by law or
two percentage points in excess of the prime rate. Said petitioners
and applicants shall also pay all costs, including attorneys' fees,
incurred by the City in collecting such expenses, fees and interest,
with interest on such costs of collection from the dates incurred
until paid, at the same' interest rate as is payable on such expenses
and fees. For purposes hereof, prime rate shall mean the rate
publicly announced from time to time by First Edina National Bank, or
any successor thereto, as its prime rate, and if such bank, or its
successor, ceases publicly announcing its prime rate, prime rate
shall mean the interest rate charged from time to time by such bank,
or its successor, on 90-day unsecured business loans to its most
creditworthy customers.
F. Mailed Notice. Whenever in this ordinance it is required or
permitted to give mailed notice to property owners, the failure to give
such notice, or defects or errors in the notice, shall not invalidate the
proceedings referred to, or that should have been referred to, in such
notice, or any decision made at, or as a result of, such proceedings,
provided a good faith attempt to comply with the applicable notice
requirements or provisions was made.
G. 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 its 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,konsent to such petition or application by all owners of
such property as shown by such title opinion or other evidence of
ownership and, if such 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.
H. Violation; Penalty; Remedies.
1. Misdemeanor. The owner of a building, structure or other
property upon which a violation of any provision of this ordinance-
has been committed or shall exist, the lessee of the entire building,
structure 'or other property in or upon which a violation has been
building, structure or other property in or upon which a violation
has been committed or shall exist, shall be guilty of a misdemeanor
and subject to penalties pursuant to City Ordinance No. 175.
. committed or shall exist, the owner or lessee of that part of the .
2. Civil Penalty. Any such person who, after being served
with an order to remove any such violation, shall fail to comply with
said order withTn\ten days after such service, or shall continue to
violate any provision of the regulations made under authority of this
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ordinance in the respect named in such order, shall also be subject
to a civil penalty of not to exceed $500.
3. Violation of Conditions in Conditional Use Permits. If any
person violates any condition or restriction imposed by the Council
in connection with the grant or issuance of a conditional use permit,
the City, in addition to other remedies available to it as provided
in this paragraph H, may revoke such permit and all rights
attributable to such permit. Revocation shall be done in the
following manner:
(a) The Manager or Planner, shall notify the owner and
occupant of the property as 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.
(b) If the violation is not removed within said stated
period, the Manager or Planner shall submit a report on the
matter to the Council and request a hearing.
(c> The Council, upon receipt of the report, shall set a
hearing date and notice thereof shall be given to said owner and
occupant at least ten days prior to the hearing.
(d) 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.
J
(e> 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.
4. Other Remedies. In addition to the remedies set out above,
the City may exercise, with or separately from such remedies, all and
any other legal and equitable remedies then available to the City by
this ordinance, or by statute, or other City ordinances, or by
applicable rules and regulations, to enforce this ordinance,
including, without limitation, injunction.
5. Costs of Enforcement. The person or persons violating this
ordinance shall be jointly and severally liable for all costs
incurred by the City in enforcing this ordinance against such
persons, including, without limitation, attorneys' fees, witness fees
and administrative expenses, with interest on such fees and expenses
from the dates incurred until paid at the rate set out in paragraph
E.2 of this section, and shall also be jointly and.'severally liable
for all costs, including attorneys' fees, of collecting such fees,
4-1 8
expenses and interest, with interest on such costs of collection from
the dates incurred until paid, at the same rate as is payable on such
fees and expenses.
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SECTION 5. .DISTRICTS
For the purposes of this ordinance, the City shall be divided into
the following 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)
Automobi 1 e Parking District (APD)
Heritage Preservation Overlay District (HPD)
Floodplain Overlay District (FD)
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SECTION 6. DISTRICT BOUNDARIES
The boundaries of all such districts except the Floodplain Overlay
District, shall be as shown in the official Zoning Map (consisting of
half section sheets) entitled "Official Zoning Map," on file in the City
Hall, a composite copy of which, reduced in size, is appended to this
ordinance. The Official Zoning Map, with all explanatory information
thereon, is hereby adopted by reference and declared to be a part of this
ordinance. The boundaries shown on the Official Zoning Map may be
changed by amendment to this ordinance. 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
Map described and identified in Section 21 hereof, as such Map is to be __
interpreted and used as provided in said Section 21.
*_ .
.
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SECTION 7. GENERAL REQUIREMENTS APPLICABLE TO ALL DISTRICTS EXCEPT AS
OTHERWISE STATED
A. 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 ordinance and
other applicable ordinances of the City.
B. Trash Storage.
1. All Properties Except Single Dwelling Unit and Double
Dwelling Unit Buildings. All solid waste material, debris, refuse,
garbage or similar material shall be kept within closed containers
designed for such purpose. Said containers shall not be located in
the front yard and shall be completely screened from view from all
lot lines and streets.
2. Single Dwelling Unit and Double Dwelling Unit Buildings.
All solid waste material, debris, refuse, garbage or similar material
shall be kept within closed containers designed for such purpose.
Said containers shall not be located in the front yard and shall not
be visible from the front lot line.
C. Dwelling Units Prohibited in Accessory Buildings, Temporary
Buildings, Trailers and Recreational Vehicles. No accessory building,
temporary building, trailer or recreational vehi.cI'e in any. district shall
be used for a dwelling unit or units, except for accessory buildings
which are specifically allowed for residential use by this ordinance.
D. Customary Home Occupations as an Accessory Use.
1. Customary home occupations which are permitted as an
accessory use by this ordinance shall comply with the following
conditions:
(a> only the residents of the dwellling unit are employed
on the lot or within the dwelling unit;.
(b). no exterior structural modifications are made to
change the residential character and appearance of the lot or
any buildings or structures on the lot;
(c> no loading or unloading or other outdoor activities,
except parking, shall occur;
(d) no signs of any kind shall be used to identify the use;
(e> all parking demands generated by the use shall be
accommodated within the accessory garage and the normal driveway
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area and shall not g spaces in parking areas required for multiple residential
buildings;
t any one time occupy more than two p rki
(f) 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; and
(g) no sale of products or merchandise shall occur on the
lot or within any structures or buildings on the lot.
2. Permitted customary home occupations include, but are not
limited to, the following occupations if, and only during such times
as, they comply with all of the above conditions:
(a) dressmakers, tailors and seamstresses;
(b) 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;
(c) artists, sculptors and authors;
(d) insurance agents, brokers, architects and similar
professionals who typically conduct client meetings outside of
the dwelling unit;
(e) ministers, rabbis and priests;
(f) photographers providhg service to one customer at a
time;
(g) salespersons, provided that no stock in trade is
maintained on the lot or in the building or structure on the
lot; and
(h) 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.
3. The following uses have a tendency to increase in size or
intensity beyond the conditions imposed by this ordinance for home
occupations and thereby adversely affect residential properties.
Therefore, the following shall specifically not be permitted as
customary home occupations:
(a>
(b) repair services of all kinds, including, without
limitation, auto repair and painting, appliance repair and small
barber shops and beauty parlors;
\ 1
engine repair;
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(c) music, dance or exercise instruction which provides
instruction to groups of more than five individuals at a time;
(d) medical and dental offices;
(e uphol s t er ing ;
(f) mortuaries;
(g) kennels;
(h) tourist homes, boarding houses or rooming houses, and
other kinds of transient occupancies;
(i> commercial food preparation or catering; and
(j) automobile and equipment sales.
E. Fences in the R-1 and R-2 Districts. Fences which exceed four
feet in height shall not be erected within the required front street
setback of lots used for residential purposes in the R-1 and R-2
Districts. Fences which exceed six feet in height and located in the
side yard or rear yard shall maintain a side yard setback and rear yard
setback of not less than five feet.
F. Exceptions to Setback Requirements. The following shall not be
considered as encroachments into required setbacks:
1. Overhanging eaves not supported by posts or pillars, and
bay windows not extending to; the floor, which do not project more
than three feet into the required setback and which are not closer
than three feet from a lot line.
2. Sidewalks and driveways.
3. Fences which do not exceed the height limitations imposed
by this ordinance.
4. Awnings and canopies attached to the principal building and
not supported by posts or pillars.
5. Flagpoles, fight poles and fixtures.
6. Clotheslines and outdoor fireplaces in the rear yard only.
7. Bus shelters which have been approved by the Engineer.
8. Unenclosed steps or stoops not exceeding 50 square feet in
\ ._ area.
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9. Fireplaces projecting not more than two feet into the
required setback and not exceeding ten square feet in horizonkal area.
10. Underground storage tanks, conduits and utilities.
11. 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.
12. Landscape and plant materials.
G. 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. -
H. 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 of Minnesota. Said
certification shall state that the design of the building and site has
been prepared under the direct supervision of said architect.
I. Building Coverage Computations; Exclusions and Inclusions.
1. The following structures and improvements shall be excluded ,;
when computing building coverage:
(a> driveways and sidewalks;
(b)
(c) accessory recreational facilities not enclosed by
solid walls and/or not covered by a roof, including oukdoor '
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 ;
parking lots and parking ramps;
(d) unenclosed and uncovered steps and stoops less than 50
square feet; and
(e> overhanging eaves and roof projections not supported
by posts or pillars.
7-4
2. Building coverage computations, however, .shall include all
other principal or accessory buildings, including, but not limited to:
(a) decks and patios subject to allowances provided by
this ordinance;
(b) gazebos;
(c) balconies;
(d) breezeways;
(e) porches; and
(f) accessory recreational facilities constructed above
grade, such as paddle tennis courts.
J. 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 said lighting or
illuminating devices. Rays of 'light or illumination shall not pass
beyond the property lines of the premises utilizing such lights or
illumination at an intensity greater than three footcandles measured at
property lines abutting residentially zoned property and ten footcandles
measured at property lines abutting streets or non-residentially zoned
property. No glare shall emanate from or be visible beyond the
boundaries of the lighted or illuminated premises.
K. Frontage of Lots on a Street. All lots shall have at least 30
feet of,! frontage on at least one street other than limited access
roadways to which private access is prohibited or alleys. Private
easements shall not be considered as frontage for purposes of this
paragraph. Notwithstanding the requirements of this paragraph, lots in a
townhouse plat need not front on a street provided that the townhouse
plat of which the lot is a part has at least 30 feet of frontage on at
least one street.
L. Tent and Trailer Sales Prohibited. The sale of goods or
merchandise from a motor vehicle, trailer, tent or other temporary or
portable building is prohibited in all districts.
M. 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 City subdivision ordinance in
connection with, and at the time of, such 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.
\ ---
7-5
N. Drive-Through Facility Standards.
1. Number of Stacking Spaces (In Addition to the Vehicle or
Vehicles being Served).
(a) financial institutions: 3 stacking spaces per bay
(b) car wash: 25 stacking spaces per bay
(c> accessory car wash: 2 stacking spaces per bay
(d) all other uses: 4 stacking spaces per bay
2. Location of Stacking Spaces.
(a) no stacking space shall encroach onto any drive aisle
necessary for the circulation of vehicles on the lot;
(b) all stacking spaces shall provide the same-setbacks as
are required by this ordinance for parking spaces;
(c) in the case of uses described in paragraph N.l(d)
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. m
3. Minimum Size of Stacking Space. The minimum size shall be
nine feet by eighteen feet.
4. 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.
5. Drive-Throughs Accessory to Restaurants. Drive-through
facilities accessory to restaurants shall be limited to two service
bays.
0. District Limits. For purposes of calculating the minimum site
area, floor area ratio, building coverage, setbacks and all other
requirements of this ordinance, 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 I in this- ordinance must be met separately and independently by each
district .I
7-6
P. Temporary Buildings.
1. 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.
2. 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.
Q. 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:
1. Materials and equipment used for the construction or repair
of structures may be stored outdoors on the construction site during
construction.
2. Motor vehicles weighing less than 9,000 pounds, and
recreational vehicles and other materials may b.e stored outdoors on
lots used for residential purposes in accordance with the City
nuisance ordinance.
3. Motor vehicles weighing less than 9,000 pounds may be
parked outdoors for periods not to exceed 48 hours within improved
parking areas on non-residential lots.
4. Outdoor storage or displays may take place on lots in the
Planned Commercial District in accordance with paragraph K of
section 16 of this ordinance.
5. Plant materials for landscaping purposes may be stored
outdoors.
R. Setbacks from Naturally Occurring Lakes, Ponds and Streams.
Notwithstanding any other requirements of this ordinance or other City
ordinances, in cases where a portion of a lot or tract is located below
the ordinary high water elevation of a naturally occurring lake, pond or
stream, the shoreline created by such an ordinary high water elevation
shall be deemed to be the rear lot line or side lot line, as the case may
be, for setback purposes. .\
7 -7
S. 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.
T. Non-Conforming Uses, Buildings and Lots.
1. Non-Conforming Uses. Any non-conforming use may continue,
provided that:
(a> it shall not be expanded to occupy a larger portion of
a building or lot, or be extended to other buildings or lots;
(b) it shall not be replaced with any other non-conforming
use;
(c> it shall not be resumed if it is discontinued for one
year or longer; and
(d> if it is ever discontinued and replaced with a
conforming use, no non-conforming use thereafter shall be made
of the building or lot.
2. Non-Conforming Buildings.
(a> A1 t erat ions, Additions and En1 argement s .
(i> 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.
(ii> 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.
7-8
(b) 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 (a).
(c> 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 said building, and the
use thereof, 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 commenced 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 thereof, conform t+o
all of the restrictons 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.
3. 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 and area requirements of this
ordinance, provided, that said lot:
(a)
(b)
is not less than 50 feet in width;
is not less than 100 feet in depth;
(c> is not at the effective date of this ordinance, and
has not at any time since October 22, 1951, been held in common
ownership with all or part of an adjoining lot or parcel which,
together, complied with the width, depth and area requirements
of this ordinance; and
(d) has at least 30 feet'frontage on a street.
A non-conforming lot held as of the effective date of this ordinance,
or at any time since October 22, 1951, in common ownership with all
or part of an adjoining parcel or lot and which meets the
requirements of (a), (b) and (d) above shall not be decreased in size.
U. 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 the use thereof,
7-9
is made to conform 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 City
ordinances and state statutes.
8. Signs. Signs erected in accordance with the City sign ordinance
shall be a permitted accessory use in all districts.
W. Utility Buildings and Structures.
1. 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
p-ermitted principal or accessory use in all districts.
2. Other Utility Buildings and Structures. Utility buildings
and structures owned by private utility companies or governmental
units other than City governmental units, and used for rendering
service to all or any part of the City (but excluding wareaouses,
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 paragraph D of
section 4 of this ordinance.
7-1 0
SECTION 8. PARKING AND ‘CIRCTJLATION
A. Minimum Number of Spaces Required.
1. Single Dwelling Units, Double Dwelling Units and
Residential Townhouses. Two fully enclosed spaces per dwelling unit.
2. ‘Apartment Buildings.
(a)
dwelling unit.
1.25 fully enclosed spaces and 0.75 exposed spaces per
(b) 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.
3. Senior Citizen Dwelling Unit Buildings in the PSR-,-4 and
PSR-5 Subdistricts.
(a) 0.5 exposed spaces and 0.25 enclosed spaces per senior
citizen dwelling unit.
(b) In addition to (a), the following spaces are required:
(i) one completely enclosed and. one exposed space for
each non-senior citizen dwelling unit located in a building
in the Planned Senior Residence District;
(ii) one completely enclosed space per vehicle owned
by the buildingls management and stored on the property; and
J
(iii) one exposed space for each employee who is not a
resident of the building.
4. Nursing, Convalescent and Rest Homes. One space for every
four patients or residents based on the maximum capacity of the
building, plus one space per employee on the major shift, plus one
space per vehicle owned by the building’s management.
5. Day Care, Nurseries and Preschools (Principal Use). One .
space per teacher or employee, plus one space per 20 individuals (or
major fraction thereof) receiving care.
6. 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 assemby, whichever is greater.
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7. 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.
8. 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.
9. 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.
10. 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.
11. Governmental Administration, Public Service, Post Office.
.The greater of (a) or (b):
(a) one space per employee on the major shift, plus one
space per government-owned vehicle, plus ten visitor spaces; or
(b) one space for each 200 square feet of gross floor area.
12. Libraries, Art Galleries. Ten spaces, plus one space for
i
each 300 square feet of gross floor area.
13. Medical or Dental Offices, Clinics and Animal Hospitals.
One space for each 200 square feet of gross floor area, plus one
space per physician or veterinarian.
14. Hospitals. One space per bed, plus one space per employee
or volunteer on the major shift.
15. Athletic, Health, and Weicht Reduction Facilities.
(a) six spaces per court for handball, racquetball and
tennis courts; .-
(b) one space per 200 square feet of gross floor area for
all other uses.
8-2
16. Restaurants (Except Within Shopping Centers). Spacles equal
in number to one-third the maximum seating capacity, plus one space
for'each employee on the major shift.
17. Car Washes. One space per employee on the major shift,
plus five spaces for each wash lane, plus stacking spaces in
accordance with paragraph N of section 7 of this ordinance.
18. Accessory Car Washes. Two parking spaces, plus stacking
spaces in accordance with paragraph N of section 7 of this ordinance.
19. 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.
20. Automobile Service Centers. Three parking spaces per
service bay, plus one space per employee on the major shift, p1v.s one
space for each 100 square feet of accessory retail uses in excess of
500 square feet exclusive of restrooms, storage areas and mecaanical
equipment.
21. Bowling Alleys. Five spaces per lane.
22. Offices, Medical and Dental Laboratories, Business or
Professional Offices, Financial Institutions, Employment Agencies and
Travel Bureaus.
Gross Floor Area (GFA) , No. of Spaces Required
0 - 20,000 sq. ft. GFA/ 200
20,001 - 220,000 sq. ft.
Over 220,000 sq. feet. GFAl250
GFA/[(0.00025 GFA) + 1951
23. Mixed Development District.
(a) Residential: one enclosed space, plus 0.5 exF.osed
space, per dwelling unit.
(b) Non-Residential (excluding publicly owned faciLities
and uses accessory to'residential uses):
Gross Floor Area (GFA) No. of Spaces Required
0 - 20,000 sq. ft.
20,001 - 220,000 sq. ft.
Over 220,000 sq. feet.
GFA/200
GFA [(0.0005 GFA) t- 1901
GFA/300
24. 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:
8-3
(a)
(b)
one space for each 200 square feet of office space;
one space for each 2,000 square feet of warehouse space;
(c) one space for each 300 square feet of manufacturing,
processing, packaging, treatment and assembly space;
(d) one space for each 500 square feet of space containing
machines and equipment for conducting scientific research,
testing or experimentation;
(e) 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.
25. 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.
Furniture and Major Appliance Sales. 26.
(a) over 2,500 square feet of gross floor area: one space
per 400 square feet of gross floor area;
(b) - under 2,500 square feet of .gross floor area: one
space per 200 square feet of gross floor area.
J 27. Hotels and Motels. One space per guest unit, plus one
space for each employee on the major shift.
28. Uses Allowed in the Planned Commercial District Except Uses
For Which a Parking Quantity is Hereinto Specified.
(a) 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. For shopping centers, those atrium
areas and mall areas not used for retail sales purposes shall be
excluded from gross floor area calculations.
(b) 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.
?or the purpose of determining parking requirements, in places of
assembly where persons occupy benches, pews and similar seating
facilities,’ each 22 inches of such seating facilities shall be
counted as one seat.
8-4
B. Use of Public Parking t8 Meet Off-street Par ing Requirements.
1. Any principal use on property located within a
redevelopment project approved by the Council pursuant to Chapter 462
of Minnesota Statutes, which principal use was in existence on the
date such 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 such 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;
provided, further, however, that such an existing principal use may
be expanded, and the uses thereof may be changed, to such size and
such uses as are allowed by the then applicable ordinances of the
City, by the Comprehensive Plan, and by the plan, as modified
pursuant to said Chapter 462, for such approved redevelopment
project, without providing off-street parking spaces additional to
those provided for public parking.
2. 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 such increase in size or changes in
uses.
C. Location.
1. 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.
2. Residentizl 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.
D. 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
8-5
i located within twenty feet of a street or within ten feet of an interior
side lot line or a rear lot line. Interior side yard and rear yard
setbacks shall be measured from the boundary of the tract. No parking
space or drive aisle shall be. located within ten feet of any principal
use building.
E. Design and Construction.
1. Size.
(a> Full Size Spaces.
Space Space Drive Aisle
Angle Width Length Width
90 O 8 112 feet 18 feet 24 feet
60 O 9 feet 18 feet 18 feet
45 O 9 feet 18 feet 12 feet
(b) Compact Spaces.
Space Space Drive Aisle
Angle Width Length Width
90 O 7 112 feet 16 feet 24 feet
60 O 8 feet 16 feet 18 feet
45 O 8 feet 16 feet 12 feet
2. Compact Parking Spaces. Within the Planned Off ice
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 al.1 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 herewith to limit compact parking spaces to
areas used for long-term employee parking rather than short-term
visitor parking.
3. Bumper Overhangs. The minimum parking space length as
required herein 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.
8-6
4. 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:
(a> the total number of spaces furnished shall not be less
than the sum of the separate requirements for each use; and
(b) all parking spaces shall comply with all requirements
as to location and control as provided by paragraph C.l of this
sect ion.
5. 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:
(a> the total numberL of spaces normally required for
nighttime uses are provided within the parking area in
combination with parking spaces provided for daytime uses;
(b) the total number of parking spaces normally required
for nighttime use conforms to all requirements as to location
and control as provided by paragraph C.l of this section; and
(c> 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. I
)
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 ha1l.s;
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.
6. 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 and R-2
Districts, each parking space shall be clearly delineated by lines
painted on or inbedded in the surface of the parking area.
F. Traffic and Circulation.
1. General Requirements. Vehicular traffic shall be channeled
and controlled in a manner that will avoid congestion and traffic
8-7
hazards on the lot or tract or on adi ~ ent 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.
2. 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:
(a> Directional signalization.
(b) Channelization.
(c) Turn lanes.
(d) Increased street width.
(e> Warning lights.
(f) Stacking lanes.
3. Circulation Within Parking Areas.
(a) Unobstructed access to each parking space from a drive
Traffic moving from one part of a parking to;another
Dead end drive aisles shall not be permitted.
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.
aisle shall be provided.
(b)
shall be capable of doing so without using a street.
(c)
(d)
4. Driveway Design.
(a> Driveway width (back of curb to back of curb):
Maximum Maximum
One-way 20 feet 12 feet
Two-way 30 feet 24 feet
(b) Maximum driveway width at street curb: 30 feet
exclusive of returns as measured along the curb line of"%he
street.
8-8
(c> Minimum distance between driveways: 20 feet between
ends or returns as measured along the curb line of the street.
(d) Minimum distance of driveway from street
intersectiqns: 50 feet between ends or returns of the driveway
and the returns of the intersection as measured along the curb
line of the street.
(e> Minimum distance between end of the driveway return
and side lot line: 10 feet.
8-9
SECTION 9. LOADING FACILITIES
A. Definition. A loading facility means and includes the dock to
or from which the transport vehicle is being loaded or unloaded, the
berth for the vehicle while it is being loaded or unloaded and the areas
needed to maneuver the vehicle into or out of the berth.
B. 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.
C. 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.
D. Design.
1. Size.
(a> Large Berth.
Length
Width
Height
(by Small Berth.
Length
Width
Height
55 feet
14 feet
15 feet
25 feet
12 feet
15 feet
2. 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.
3. Construction. All loading berths shall comply with the
standards for the construction of parking areas as specified in this
ordinance.
E. Minimum Number of Loading Berths Required.
1. Planned Industrial District (Except Office Buildings). One
large berth per 50,000 square feet of gross floor area or major
fraction thereof.
\
9-1
2. All Office Buildings, Mixed Development District (Office
Space Only) and Regional Medical District.
0 - 20,000 square
feet of gross floor
area (GFA)
0 berths
20,001 - 100,000 1 small berth
square feet GFA
Over 100,000 square
feet GFA
1 small berth and 1 large berth,
plus 1 additional small berth for
each 100,000 square feet GFA, or
major fraction thereof, over the
original 100,000 square feet GEA
3. Planned Commercial District (Except Office Buildings).
0 - 5,000 square 0 berth
feet GFA
5,001 - 20,000
square feet GFA
1 small berth
20,001 - 100,000 1 small berth and 1 large berth
square feet GFA
Over 100,000 square 1 additional small berth for each
feet GFA additional 50,000 square feet GFA,
or major fraction thereof, over
the original 100,000 square feet
GFA
9-2
SECTION 10. LANDSCAPING AND SCREENING
A. Landscaping.
1. 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 such golf
courses shall comply.
2. 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 less than one inch equals 50 feet and shall include the
following information:
(a) boundary lines of the property with accurate
dimensions;
(b) locations of existing and proposed buildings, parking
lots, roads and other improvements;
(c) proposed grading plan with two foot contour intervals;
(d) 'location, approximate size and common name of existing
trees and shrubs;
(e) planting schedule containing:
(i) symbols,
(ii) quantities,
(iii) common names and botanical names,
(iv) size of plant materials,
(v) root condition,
(vi) special planting instructions;
(f) planting details illustrating proposed locations of
all new plant material;
(g) locations and details of other landscape features
including berms, fences and planter boxes;
(h) details of restoration of disturbed areas including
areas to be sodded or seeded;
10-1
(i) location and details of irrigation systems; and
(j) details and cross sections of all required screening.
3. 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.
(a) 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.
(b) 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.
(c> Minimum Size and Root Condition of Required Overstory
Trees.
(i) deciduous trees: 2.5 inches in diameter as
measured six inches above the ground;
(ii) coniferous trees: six feet in height;
(iii) all new overstory trees shall be balled and
burlapped or moved from the growing site by tree spade.
J (d) Species.
(i) all required overstory trees shall be comprised
of species which are classified as overstory trees by the
American Nurserymans 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;
(ii) not more than 50 percent of the required number
of overstory trees shall be composed of one species;
(iii) no required overstory trees shall include: .
(aa)
(bb) box elder ,
(cc)
(dd) ginko - female only;
all species of the genus Ulmus (elm),
all species of the genus Populous (poplar), or
\ ..
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8 (iv) all plant materials shall be indigenous to the
hardiness zone of the area in which the City is located.
(e) Credit for Large Trees. The total number of required
overstory trees may be reduced by one-half tree for each new
deciduous tree measuring four and- one-half inches or more in
diameter, or each new coniferous tree measuring ten feet or more
in height, which is planted on the lot or tract. In no event,
however, shall this credit result in a reduction in the totaL
number of required trees by more than 25 percent.
(f) Credit for Existing Trees. The total number of
required new overstory trees may be offset by the retention of
existing overstory trees on the lot provided that such trees
satisfy the requirements of this section as to size and
species. The Planner shall determine the amount of the credit
for such existing trees based upon their location and
distribution on the lot.
. (g) Ground Cover. All unimproved portions of the lot or
tract shall be sodded; provided, however:
(i) areas reserved for future approved building
expansions may be seeded;
(ii) undisturbed areas containing existing viable
natural vegetation which can be maintained free of weeds
may be left undisturbed; and
I (iii) slopes exceeding 3:l may be seeded. >
B. Screening.
1. Screening Required. The following uses shall be screened
in accordance with the requirements of this paragraph:
(a> 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. Said distance shall be the shortest
distance between the non-residential building or structure to be
screened and the nearest lot line of the R-l District lot, but
shall not extend across a street;
(b) 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'w-ithin
10-3
\ -_ !
200 feet. Said 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;
(c) 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 theJresidentia1 lot;
(d) trash storage facilities shall be screened from all
lot lines and public road rights of way; and
(e) 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.
2. Responsibility. The owner of the principal or accessory
building or structure to be screened shall install and maintain all
screening herein required without cost to the City.
3. 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 exceed a slope of 3:l. All
materials, including landscaping, shall have a minimum opacity of 90
percent year round.
4. 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.
5. Height. The minimum height for screening required by this
section is as follows:
(a) screening required by paragraphs B.l(a), B.l(b): ten
feet above property line;
(b) screening required by paragraph B.l(c): four feet
above level of parking lot and ten feet above level of loading
facility; and
(c) screening required by paragraphs B.l(d) and B.l(e):
high enough to completely screen from property lines, but not
less than five feet or greater than ten feet in height.
10-4
8 C. Maintenance.
1. 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.
2. Security. ,Security shall be filed with the Planner in
accordance with City Ordinance No. 409 to guarantee the installation
and vigorous growing condition of all landscape elements and
screening required herein. Said security shall remain in effect for
two full growing seasons. The two-year guarantee period for plant
material installed after June 1 shall commence the following year.
Lots provided with an irrigation system covering 100 percent of the
area improved with landscaping need provide security for only one
growing season.
10-5
SECTION 11. SINGLE DWELLING UNIT DISTRICT (R-1)
A. Principal Uses.
1. Buildings containing not more than one dwelling unit.
2. Publicly owned parks, playgrounds and athletic facilities.
3. Publicly and privately owned golf courses, but not
including driving ranges or minature golf courses as a principal use.
B. Conditional Uses.
1. Religious institutions, including churches, synagogues,
chapels and temples.
2. 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. -
3. Publicly owned and operated civic and cultural institutions
including, but not limited to, administrative offices, libraries,
public safety buildings and places of assembly.
4. Golf course club houses.
5. 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.3 of this section.
All uses listed in each of the numbered subparagraphs of this
paragraph B shall be deemed one use for purposes of this ordinance.
C. Accessory Uses.
1. The following accessory uses are permitted on the same lot
as a single dwelling unit building:
(a> accessory garages;
(b) greenhouses, garden houses, decks, patios and gazebos;
(c) tool houses and sheds for the storage of domestic
supplies ;
(d) private swimming POO~S, tennis courts and other
recreational facilities for use only by residents of the
principal use and their guests;
11-1
I
(e) improvements customarily incidental to single dwelling
unit buildings including, but not limited to, driveways,
sidewalks, flagpoles and clotheslines;
(f) customary home occupations; and
(g) day care facilities, licensed by the State of
Minnesota, for ten or fewer individuals.
2. 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.
' 3. Preschools, nurseries and day care within elementary,
junior high and senior high schools and religious institutions.
4. Rooms for residential occupancy by persons employed by
religious institutions or golf courses.
D. Interim Uses of Elementary, Junior and Senior High School
Buildings Owned by Independent School District No. 273.
1. 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
re-used for public education purposes in the future if the School
District's school-age population increases. Therefore, the Council
has determined that such 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 re-use of
such public school buildings for the interim uses permitted or
allowed by this section.
2.. Permitted Interim Uses.
(a) schools for teaching music, dance, arts or business
vocations which do not require a conditional use permit pursuant
to paragraph D.4 of this section; and
1
11-2
(b) 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 paragraph D.Lc(a)(i) of this section,
and if such offices and meeting rooms do not require a
conditional use permit pursuant to paragraph D.Lc(a)(ii) of this
sect ion.
3. Termination of All Interim Uses. In the event that all or
any part of any public school building, or the land upon which it is
located, is hereafter 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. Also, no interim use shall be allowed following the seventh
anniversary of the closing of the school.
4. Conditional Interim Uses.
(a) The following interim uses shall only be allowed
subject to the grant of a conditional use permit:
(i) 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
(ii) administrative offices and meeting rooms €or
private non-profit organizations, and counseling services
and schools for teaching music, arts, dance or business
vocations which are open for operations between 6:OO pm and
7:OO am on three or more days per week.
\
(b) 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 OR the
property and will not adversely impact the residential csaracter
of surrounding properties.
11-3
E. Requirements for Lot Areas and Dimensions.
1. Minimum Lot Area.
(a) single dwelling unit
building
9,000 square feet
(b) elementary schools , 5 acres, plus 1 acre
preschools and nurseries
as a principal use
for each 150 pupils
of planned maximum
enrollment
(c) junior high schools,
senior high schools , for each 150 pupils
seminaries, monasteries, of planned maximum
nunneries and community enrollment
centers
10 acres, plus 1 acre
(d) religious institu- 3 acres
tions
2. Minimum Lot Width.
Single dwelling unit 75 feet
bui 1 ding
3. Minimum Lot Depth.
Single dwelling unit 120 feet
building
F. Requirements for Building Coverage, Setbacks and Height.
1. Building coverage: 25%
2. Setbacks (subject to the requirements of paragraph G.l of
this section):
Minimum Setbacks
Interior
Front Side Side Rear
Street Street Yard Yard --
(a) single dwelling unit
buildings on lots 75 feet or
more in width
30 15 10 25 '
11-4
I
(b) single dwelling unit
buildings on lots less than
75 feet in width
(c) buildings and struc-
tures accessory to single
dwelling unit buildings
(i detached garages ,
tool sheds, greenhouses
and garden houses en-
tirely within the rear
yard
(ii) garages, tool
sheds, greenhouses and
garden houses not within
the rear yard
(iii) unenclosed decks
and patios
(iv) swimming poo1s,
including appurtenant
equipment and required
decking
(v) tennis courts,
including appurtenant
fencing and lighting
(vi) all other acces-
sory buildings and
structures
(d) Other uses
(i) all conditional
use buildings or struc-
tures including acces-
sory buildings or
structures biit excluding
parking lots
(ii) tennis courts,
maintenance buildings,
swimming pools and golf
' driving ranges acces-
sory to a golf course
30 ' 15 ' 5' 25 '
-- 15 ' 3' 3'
30 I 15 I 5' 5'
30 ' 15 ' 5' 5'
30 ' 15 ' 10 I 10'
30 ' 15 ' 5'
30 I 15 ' 5'
5'
5'
50 ' 50 ' 50 I 50' .
50 ' 50 ' 50 ' 50 '
11-5
3. Height
(a) single dwelling unit 2 1/2 stories or 30 feet,
buildings and buildings and whichever is less
structures accessory thereto
(b) all other buildings 3 stories or 40 feet,
and structures whichever is less
G. Special Requirements. In addition to the general requirements
described in section 7 of this ordinance, the following special
requirements shall apply.
1. Special Setback Requirements for Single Dwelling Unit Lots.
(a> 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 on the same side of that street and between
said intersections. If a building 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, the front street setback of said 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 said new or relocated
.# building, 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.
8
(b) 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.
(c> Interior Side Yard Setback. The required interior
side yard setback shall be increased by 6 inches for each foot
the building height exceeds 15 feet. For purposes of this
subparagraph, building height shall be the height of that side
of the building adjoining the side lot line and shall be
measured from the average proposed elevation of the ground along
and on the side of the building adjoining the side lot line to
the top of the cornice of a flat roof, to the deck line of a
mansard roof, to a point on the roof directly above the highest
wall of a shed roof, to the uppermost point on a round or other
’
.
11-6
arch-type roof or to the average distance of the highest gable
on a pitched or hip roof.
(d) 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.
(e) 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, said line segment being the maximum
distance from the junction of the street frontages.
(f) 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.
2. Building Coverage - Lots kess Than 9,000 Square Feet in
Area. Building coverage may be increased to 30 percent for lots less
than 9,000 square feet in area, provided, however, that the area
occupied by buildings and structures shall not exceed 2,250 square
feet.
3. 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 the
City subdivision ordinance.
4. Decks and Patios. Notwithstanding the provisions of
section 7 of this. ordinance, .the first 150 square feet of an
unenclosed deck or patio shall not be included when computing
building coverage.
5. 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 no't"-be included for making the
above calculation.
11-7
6. 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.
7. Parking Ramps Prohibited. No parking ramp shall be
constructed in the R-1 District.
11-8
SECTION 12. DOUBLE DWELLING UNIT DISTRICT (R-2)
A. Principal Uses. Buildings containing two dwelling units.
B. Accessory Uses.
1. Accessory garages.
2. Greenhouses, garden houses, decks, patios and gazebos.
3. Tool houses and sheds for storage of domestic supplies.
4. Private swimming pools, tennis courts and other
recreational facilities for use only by residents of the principal
use and their guests.
5. Improvements customarily incidental to single dwelling unit
buildings including, but not limited to, driveways,. sidewalks,
flagpoles and clotheslines.
6. Customary home occupations.
C.
D.
Requirements for Lot Areas and Dimensions.
Minimum lot area per two
dwelling unit building
Minimum lot width
15,000 sq. ft.
90 ft.
Requirements for Building Coverage, Setbacks and keight.
1. Maximum building coverage 25%
2. Setbacks (subject to the
provisions of paragraph E)
(a) Principal use buildings:
Front street setback
Side street setback
30 ft.
15 ft.
Interior side yard setback 10 ft.
Rear yard setback 35 ft.
(b) Accessory buildings and structures: setbacks for
accessory buildings and structures shall be the same as those
required by this ordinance for buildings and7wtructures
accessory to single dwelling unit buildings in the R-1 District.
12-1
I 3. Height: 2 1/2 stories or 30 feet, whichever is less.
E. Special Requirements. In addition to the general requirements
described in section 7 of this ordinance, the following special - requirements shall apply.
1. 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, for purposes hereof, any subdivision of said building
and lot which has been or may be made in order to convey each
dwelling unit separately.
2. Sewer and Water Connections. Each dwelling unit must be
separately and independently connected to public sanitary sewer and
water mains.
3. Subdivided R-2 Lots. A double dwelling unit building and
lot may be subdivided pursuant to the City subdivision ordlinance
along the common party walls between the dwelling units, provided
that :
(a) a building permit has been issued and the building - foundation is in ,la,,;
(b) each parcel resulting from the subdivision must have
frontage on a public street of not less than 25 feet;
(c) the parcels resulting from the subdivision shall each
comprise approximately the same number of square feet, and in no ,)
event shall an individual parcel be less than 5,000 square feet,;
and
(d) 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.
4. Special Setback Requirements for Double Dwelling Unit
Building Lots. Double dwelling unit buildings shall comply with the
special r.equirements for single dwelling unit building setbacks, as
provided in paragraph G.l of section 11 of this ordinance.
5. Decks and Patios. Notwithstanding the provisions of
section 7 of this ordinance, the first 200 square feet of an
unenclosed deck or patio shall not be included when computing - - building coverage.
6. Basements. All double dwelling unit buildings shall be
constructed with a basement having a gross floor area equal to at
12-2
least 50 percent of the gross floor area of the story next above.
The floor area of accessory uses shall not be included for making the
above calculation.
7. 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.
12-3
t SECTION 13. PLANNED RESIDENCE DISTRICT (PRD, PSR)
A. Subdistricts. The Planned Resident District shall. be divided
into the following subdistricts:
PRD-1
PRD-2
PRD-3
PRD-4
PRD-5
PSR-3
PSR-4
B. Principal Uses.
1, PRD-1. Single dwelling unit buildings, double dwelling
unit buildings and residential townhouses. -
2. PRD-2. Residential buildings containing six or fewer
dwelling units.
3. PRD-3 and PRD-4. All residential buildings and day care
facilities licensed by the State of Minnesota.
4. PRD-5. Rest homes, convalescent homes and nursing homes.
5. PSR-3 and PSR-4. Buildings containing four or more
dwelling units, all but one of which are senior citizen dwelling
units.
--
C. Accessory Uses.
1. PRD-1. All accessory uses allowed in the R-1 District.
2. All Other Subdistricts. All accessory uses allowed in the
R-2 District.
3. 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 relative thereto 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.
13-1
D. Density.
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,
adjusted by the allowances permitted or imposed by this paragraph:
Req. Lot Area/Dwelling Unit Maximum Allowance
[Square Feet] [Square Feet/Dwelling Unit]
PRD-1 10,500 0
PRD-2 7,200 0
PRD-3 4,400 1,500
PRD-4 2,900 1,500
PSR-3 3 , 500 1,500
PSR-4 2,500 1,500
;k The principal building in subdistrict PRD-5 shall
not exceed a floor area ratio of 1.2.
2. Schedule of Allowances.
(a) PRD-3
i
(i) Subtract 500 square feet for each parking space
within or under the principal building or otherwise
completely underground. (No more than 1.5 spaces per
dwelling unit shall be counted for purposes hereof.)
(ii) Subtract 500 square feet for each dwelling unit
if all principal buildings conform to all specifications of
Type I or I1 construction as defined in the building code .
then in force in the City.
(iii) ' 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.
(iv) Add 500 square feet for each bedroom in excess of
two in any one dwelling unit.
(VI SubFract 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).
.
13-2
Bui 1 ding
Maximum Cover age
PRD-1 25%
PRD-2 25%
I
t (b) PRD-4
(i) All allowances permitted by this paragraph for
PRD-3.
(ii) Subtract 250 square feet for each dwelling unit
if the tract is three acres or more in area.
(iii) Subtract 250 square feet for each dwelling unit
if total building coverage is less than ten percent.
(e> PSR-3 and PSR-4
(i) All allowances permitted by this paragraph for
PRD-4.
(ii) Subtract 1,000 square feet for each senior
citizen dwelling unit.
E. Requirements for Building Coverage; Setbacks; Height.
1. Maximum Building Coverage and F.A.R.
PRD-3 30%
PRD-4 30%
PRD-5 35%
PSR-3 30%
PSR-4 35%
F.A.R.
1.2
1.2
2. Setbacks.
(a) 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 herein.
13-3
(b) Minimum setbacks are as follows:
Interior
Front Side Side Rear
Street Street Yard Yard
PRD-1 ' 30 30 I 20 I 25
PRD-2 30' 30 20 I 35 I
PRD-3 35 35 20 I 35
PRD-4, 5 35 I 35 I 35' 35 I
PSR-3, 4 35 ' ' 35' 20 ' 35 I
Accessory Same as principal
buildings building 10 10 I
3. Maximum Building Height.
PRD-1, 2 2 112 s'tories or 30 feet,
whichever is less
PRD-3 3 stories
PRD-4, 5 No maximum. Height is
determined by required
setbacks
PSR-3 3 stories
PSR-4 No maximum. Height is
determined by required
setbacks
F. Usable Lot Area. Usable lot area in 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.
13-4
Square Feet Per
Dwelling Unit
PRD-1
PRD-2
PRD-3, 4
PSR-3
PSR-4 .
2,000
1 , 500
400
200
100
G. Special Requirements. In addition to ---e genera, requirements
described in section 7 of this ordinance, the following special
requirements shall apply:
1. Minimum Tract Area - PRD-1. 10 acres
2. Minimum Floor Area per Dwelling Unit.
PSR - (sq. ft.)
PRD (except PRD-5)
(sq. ft.)
Efficiency
1 Bedroom
’ 500 --
500 minimum
700 maximum
750
2 Bedroom 750 minimum 950 850 maximum
Additional
Bedrooms
-- 150/each
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.
3. Efficiency Dwelling Units. Efficiency dwelling units shall
be permitted only in subdistricts PRD-3 and PRD-4. Not more than ten
percent of the dwelling units per building shall be efficiency
dwelling units.
Maximum Number of Townhouses Per Building. - Not more than 4.
eight townhouses per building shall be allowed.
13-5
5. Sewer and Water Connections for Townhouses. Each townhouse
shall be separately and independently connected to public sanitary
sewer mains and water mains.
6. Accessory Buildings. The exterior of accessory buildings
shall be constructed of the same material as the principal building.
7. 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 6.2 of this
section, whichever is greater. Such faciliti.es 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.
8. Proximity to R-1 District (PRD-4, 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.
13-6
100
80
n
U
F
U c M -ri
Q) Lc
M
‘Ct
I+
-d 5
$ 60
v
.: 40
m
Minimum Distance = (h-40) i- 80
h = Building Height
01
400 500 600 700 0 100 200 300
Minimum Distance to R-1 District (Feet)
13-7
SECTION 14. MIXED DEVELOPMENT DISTRICT (MDD)
A. Subdistricts. The Mixed Development District shall be divided
into the following subdistricts:
MD-3
MD-4
MD-5
B. Principal Uses.
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.
6. Publicly owned parking facilities.
7. Day care.
C. Accessory Uses.
1. Recreational facilities solely for the use and enjoyment of
residents of a residential principal use and their guests.
2. Customary home occupations.
3. Mass transit passenger waiting and pick-up facilities.
D. Conditional Uses.
1. Privately owned recreational facilities other than those
permitted in paragraph C.l of this section.
2. Drive-through facilities.
3. All principal uses allowed in the PC-1 and PC-2 sub-
districts, except:
(a> animal hospitals and kennels;
14-1
(b) automotive accessory stores;
(c) clubs and lodge halls;
(d) exterminating offices;
(e) pawn shops; and
(f) undertaking and funeral home establishments.
E. Density.
1. Allowed Number of Dwelling Units.
(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 thereon, adjusted by the- allowances permitted or imposed by
this paragraph.
Required Lot Area/Dwelling Unit
(Square Feet)
Maximum Allowance
(Square Feet /Dwell ing Unit.)
MD-3
MD-4
MD-5
4,400
3,600
3,300
1,000
1,000
1 , 500
(b) Schedule of Allowances.
-(i) Subtract 500 square feet for each required
residential parking space within or under the principal
building or otherwise completely underground.
(ii> ' Add 500 square feet for each bedroom in excess of
two in any one dwelling unit.
(iii) 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 recreaticjnal facility, shall be excluded from
building coverage for purposes of this allowance.)
(iv) 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.
14-2
(v) 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.
2. Allowed Non-Residential Floor Area.
(a) 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 the basic
allowance, plus the permitted maximum allowance, all as set out
below:
(i) Basic Allowance: 500 square feet of non-resi-
dential gross floor area per
allowed dwelling unit.
(ii> Maximum Allowance: 300 square feet of non-resi-
dential gross floor area per
allowed dwelling unit.
(b) Schedule of Allowances:
(i> Add 250 square feet of non-residential gross
floor area for each parking space- required for the non-
residential use which is within or under the principal
building or otherwise completely underground.
(ii) The basic allowance may be increased by ten
percent if mass transit waiting and pick-up facilities are
provided within a principal building.
F. Requirements for Building Coverage, Setback and Height.
1. Maximum Building Coverage. 30 percent of the tract.
Publicly owned buildings or structures shall be excluded from
building coverage computations.
2. Maximum Floor Area Ratio of Non-Residential Uses. 0.5 of
the tract. Publicly owned buildings or structures shall be excluded
from floor area ratio computations.
3. Setbacks. Setbacks shall be measured from the boundary of
the tract:
14-3
Interior
Front Side Side Rear
Street Yard Street Yard
MD-3 35 1 20 1 35 1 35 1
MD-4 35 1 35 35 1 35 1
MD-5 50 ' 50 ' 50 ' 50'
In subdistrict MD-5, the minimum building setback shall be increased
by 1/2 foot for each foot the building height exceeds 50 feet.
4. Maximum Building Height.
MD-3 3 stories
MD-4
MD-5
4 stories
No maximum; height determined
by required setbacks
5. Usable Lot Area. Usable lot area in 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.
Square Feet Per
Dwelling Unit
MD-3 400
MD-4 400
MD-5 200
G. Special Requirements. In addition to the general requirements
described in section 7 of this ordinance, the following- special
requirements shall apply:
1. Minimum Tract Area. The minimum tract area for subdistrict
MD-5 shall be five acres.
2. Ownership or Control. The tract proposed for transfer to
the Mixed Development District shall be under common ownership and
shall be planned and developed as an integral unit.
14-4
3. Proposed Development Schedule. The Final Development Plan
required by section 4 of this ordinance 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
commenced on, at least 25 percent of the permitted dwelling units.
4. Conditional Uses. In addition to the standards imposed by
section 4 of this ordinance for grant of a conditional use permit, no
permit for any conditional uses in any Mixed Development District
shall be issued unless the proposed use:
(a> is contained within a principal building, except for
drive-through facilities;
(b) will provide goods and services beneficial to the
needs of the occupants and residents of the principal uses and
surrounding properties; and
(c> will have enclosed pedestrian access to the principal
use.
5. 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.
14-5
SECTION 15. PLANNED OFFICE DISTRICT (POD)
A. Subdistricts.
POD-1
POD-2
B. Principal Uses.
1. Business and professional offices.
2. Financial institutions, including drive-through facilities.
3. Post offices.
4. Clubs, lodge halls and non-profit organizations, excluding
those providing food and/or beverage services in the building or on *
the lot.
5. Facilities for athletic, health or weight control pcrposes,
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. 8 6. Medical and dental offices and clinics.
7. Employment agencies. '
8. Travel bureaus,)
C. Accessory Uses.
1. Off-street parking facilities.
2. 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 PC-1 and PC-2 Districts, provided that
such 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.
D. Requirements for Building Coverage, Setbacks and Height.
1. Maximum Building Coverage: 30 percent of the tract.
2. Maximum Floor Area Ratio: 0.5 of the tract.
3. Setbacks: setbacEiishal1 be measured from the boundary of
the tract.
15-1
Interior
Front Side Side
Street Street Yard
Rear
Yard
;k or the building height if greater.
4. Maximum Building Height.
(a) POD-1: four stories.
(b) POD-2: no maximum; height is determined by required
setbacks.
E. Special Requirements. In addition to the general requirements
described in section 7 of this ordinance, the following special
requirements shall apply:
1. 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.
2. 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+ stories Six times the building height
of the office building
3. Building Design and Construction. In addition to other
restrictions of this ordinance and of the building codes then in
force in the City, the'use, construction, alteration or enlargement
of any building or structure within the Planned Office District shall
meet the following standards.
15-2
(a) All exterior wall finishes on any building shall be
one or a combination of the following:
(i) face brick;
(ii) natural stone;
(iii) , specially designed precast concrete units if the
surfaces have been integrally treated with an applied,
decorative material or texture;
(iv) factory fabricated and finished metal framed
panel construction if the panel materials are any of those
noted above; or
(VI glass or prefinished metal (other than unpainted
galvanized iron).
(b) All subsequent additions, exterior alterations and
accessory buildings constructed after the erection of an
, original building or buildings shall be constructed of materia1.s
comparable to those used in the original construction and shall
be designed in a manner conforming to the original architectural
design and general appearance. 8
15-3
SECTION 16. PLANNED COMMERCIAL DISTRICT (PCD)
A. Subdistricts.
PC-1
PC-2
PC-3
PC-4
B. Principal Uses In PC-1.
1. Antique shops.
2. Art galleries.
3. Art studios.
4. Bakeries, provided the room or rooms containipg the
preparation and baking process shall not have a gross floor area in
excess of 2,500 square feet.
5.
6.
7.
8.
9.
10.
11.
12.
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.
13. Coin and philatelic stores.
14. Day care.
15. Drug stores.
16. Dry cleaning establishments and laundries.
17. Employment agencies.
16-1
18.
19.
20.
21.
22.
23.
Financial institutions excluding drive-through facilities.
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.
24. Hardware stores.
25. Hobby shops for the sale of goods to be assembled and used
off the premises.
26. Household furnishings, fixtures and accessory- stores not
exceeding 2,500 square feet of gross floor area.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
Interior decorating establishments.
Jewelry stores.
Launderettes.
Leather goods stores.
Liquor stores, municipally owned, off-sale.
Locksmith shops.
Medical and dental clinics.
Musical instruments stores and repair shops.
NewFstands.
Offices, including both business and professional.
Optical stores. .
Paint and wallpaper stores not exceeding 2,500 square feet
of gross floor area.
39. Personal apparel stores not exceeding 2,500 square feet of
gross floor area.
40. Phonograph record and sheet music stores.
16-2
41. Picture framing and picture stores.
42. Repair stores and I1fix-itff shops which provide services for
the repair of home, garden, yard and personal use appliances.
43. Restaurants, excluding "drive-ins" and drive-through
facilities.
44. Second-hand stores not exceeding 2,500 square feet of gross
floor area.
45. Shoe sales or repair stores.
46. Sporting and camping goods stores not exceeding 2,500
square feet of gross floor area.
47. Tailor shops.
48. Tobacco shops. *
49. Toy shops.
50. Travel bureaus and transportation ticket offices.
51. Variety, gift, notion and soft goods stores.
52. Vending machines which are coin- or card-operated
(excluding amusement devices).
C. Principal Uses in PC-2.
1. Any principal use permitted in PC-1.
2. Amusement and recreation establishments such as amusement
arcades, commercial bowling alleys and pool halls.
3. Animal hospitals and kennels excluding establishments with
outside runs.
4. Automotive accessory stores excluding repair and service
garages.
5. B%dnting, blueprinting, .and photwtating establishments.
6. Business machine sales and service shops.
7. Catering establishments.
8. Clothing stores.
16-3
9. Clubs, lodge halls and meeting rooms, offices and other
facilities for non-profit organizations.
10. Department stores not exceeding 40,000 square feet of gross
floor area.
11. Dry goods stores.
12. Electrical and household appliance stores, including radio
and television sales and service.
13. Exterminating offices.
14. Fabric stores.
15. Frozen food stores including the rental of lockers in
conjunction therewith.
16. Furniture stores including upholstering when conducted as
Fraternal, philanthropic and charitable institution offices
an incidental part of the principal use.
17.
and assembly halls. e 18. Furrier shops including the storage and conditioning of
furs when conducted as an incidental part of the principal use. . ..
19. Home repair, maintenance and remodeling stores and shops.
20. Hotels, motels and motor inns.
21. Household furnishings, fixtures and accessories stores.
22. Laboratories, medical and dental.
23. Office supplies stores.
24. Orthopedic and medical appliance stores excluding the .
manufacturing or assembly of appliances or goods.
25. Paint and wallpaper stores.
26. Personal apparel stores.
27. Pet shops.
28. Photography studios.
29. Post offices.
16-4
30. Public utility service stores.
31. Rental agencies for the rental only of clothing,
appliances, automobiles, cartage trailers, and household fixtures,
furnishings and accessories.
32. Schools for teaching music, dance or business vocations.
33.
34. Taxidermist shops.
35. Telegraph offices.
36.
Sporting and camping goods stores.
Theaters excluding outdoor or "drive-in" facilities.
37. Ticket agencies, amusement.
38. Trading stamps redemption stores.
39. Undertaking and funeral home establishments.
D. Principal Uses in PC-3.
1. Any principal use permitted in PC-2.
2. Automobile agencies selling or displaying new, unused
vehicles.
3. Boat and marine stores or agencies selling or displaying
new, unused boats.
4. Department stores or shopping centers exceeding 40,000
square feet of gross floor area.
E. Principal Uses in PC-4.
1. Gas stations.
2. Car washes.
3. Automobile service centers.
F. Accessory. Uses in PC-1.
1. Off-street parking facilities.
2. Buildings for the storage of merchandise to be retailed by
the related principal use. .*
16-5
3. Not more than two amusement devices.
G. Accessory Uses in PC-2.
1.
2. Drive-through facilities.
3. Amusement devices.
All accessory uses allowed in PC-1.
4. Sale of non-intoxicating malt liquor within restaurants,
bowling alleys, clubs and lodge halls.
H. Accessory Uses in PC-3.
1. All accessory uses permitted in'PC-1 and PC-2.
2. Automobile or boat and marine stores or agencies selling
used automobiles or boats, provided that: (a) such- a use is
accessory to and on the same lot as a related principal use selling
new automobiles or boats, and (b) the total floor area and lot area
devoted to the accessory use does not exceed that of the principal
use.
3. Repair garages for servicing motor vehicles, provided that 8 such a use is on the same lot as an automobile agency.
I. Accessory Uses in PC-4.
1. Accessory car washes.
2. Retail sales of convenience goods.
3. Gasoline sales accessory to a car wash.
J. Requirements for Building Coverage, Setbacks and Height.
1. Maximum Floor Area Ratio.
PC-1 1.0 of the tract
PC-2 1.5 of the.tract
PC-3 0.5 of the tract
PC-4 0.3 of the tract
' 16-6
2. Setbacks (Subject to the Requirements of Paragraphs K.l and K.2
of this Section)
Interior
Front Side Side Rear
Street Street Yard Yard
PC- 1
PC-4: Gas stations 35' 25 ' 25 ' 25
All other uses 45' 25 45 ' 25 I
f: or the building height if greater.
3. Maximum Building Height.
PC-1 Two stories
PC-2 Four stories
PC-3 No maximum; height is determined by setbacks
PC-4 One story
K. Special Requirements. In addition to the general requirements
described in section 7 of this ordinance, the following special
requirements shall apply:
1. Established Average Front Street Setback for PC-1, PC-2 and
PC-3. When more than 25 percent of the frontage on one side of the
street between intersections is occupied by buildings having front
street setbacks of greater or lesser distances than hereafter
required, then the average setback of such existing buildings shall
be maintained by all new or relocated buildings on the same side of
that street and between said intersections. If a building is to be
built or relocated where there is an established average setback, and
there are exi'sting buildings on only one side of the building or
relocated building, the front street setback of said 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
connection the mosfLforward portion of the adjacent principal
building on each side.
16-7
2. 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.
3. Proximity to R-1 Districts. The following minimum distance
shall exist between buildings in the Planned Commercial District and
the nearest lot line of
purposes :
Building Height
5 - 6 stories
7 - 8 stories
9+ stories
R-1 District lot used for residential
Distance to R-1 District
Twice the building height of
the building in the Planned
Commercial District
Four times the building
height of the building in
the P1 anned Commercial
District
Six times the building - height of the building in
the Planned Commercial
District
4. 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
or fence
capable of completely screening all such materials from adjoining
properties. Said wall or fence under no circumstances shall be less
than five feet in height.
building or within the confines of a completely opaque wall ;
5. Displays - PC-1, PC-2 and PC-3. Merchandise which is
offered for sale may be displayed outside of buildings in the PC-1,
PC-2 and PC-3 subdistricts, provided the area occupied by such a
display shall not exceed ten percent of the gross floor area of the
building or portion thereof housing the principal use. No displays
shall be permitted within that half of the required front street or
side street setback nearest the street, nor within any required side
yard or rear .yard setback. Agencies selling automobiles or boats as
permitted by this ordinance may display automobiles or boats outside
of a building, provided that the area used for such displays shall
comply with all the standards for a parking lot including
construction, setbacks, landscaping and screening as contained in
this ordinance.
16-8
6. Minimum Building Size - PC-1, PC-2 and PC-3. The minimum
size for any building housing one or more principal uses in the PC-1,
PC-2 or PC-3 subdistricts shall be 1,000 square feet of gross floor
area within the first story,
7.
Except
facilit
Outdoor Sales, Tent Sales and Trailer Sales Prohibited.
for the dispensing of motor fuels and the use of drive-through
ies permitted by this ordinance, 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 of shelter, or outside a permanent building as
above described, is prohibited.
8. Building Design and Construction. In addition to the other
restrictions of this ordinance and of the building codes then in
force in the City, the use, construction, alteration or enlargement
of any building or structure within the Planned Commercial District
shall meet the following standards:
(a) All exterior wall finishes on any building shall be
one or a combination of the following:
(i) face brick;
(ii) natural stone;
(iii) specially designed precast concrete units if the
surfaces have been integrally treated with an applied
decorative material or texture;
(iv) factory fabricated and finished metal framed
panel construction if the panel materials are any of those
noted above; or
(VI glass or prefinished metal (other than unpainted
galvanized iron).
(bj 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.
9. Performance Standards. All business operations shall
conform to the performance standards established by this ordinance
‘Tor 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 such business operations take place.
16-9
8 10. Maximum Business Establishment Size in PG-1 Subdistricts.
No use in the PC-1 subdistrict shall exceed 12,000 square feet of
gross floor area or such lesser gross floor area as is imposed on
such use by paragraph B of this section.
11. 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 ordinance.
12. Automobile Service Centers and Gas Station Standards.
(a) Minimum lot area:
(i> For an automobile service center, 20,000 sq=lare
feet, plus 5,000 square feet for each service bay in excess
of three.
(ii) For a gas station, 15,000 square feet.
(b) Maximum lot area: 60,000 square feet.
(c) Hydraul ic hoists , pits , lubrication, washing ,
repairing and diagnostic equipment shall be used and stored
within a building. 8 (d) Interior curbs of not less than six inches in height
shall be constructed to separate driving surfaces from
sidewalks, landscaped areas and streets.
No automobile service station on a lot adjoining a lot
in a residential district shall be operated between the hours of
11:OO p.m. and 6:OO a.m.
(e)
(f) All driving surfaces shall be constructed and
maintained in the same manner as prescribed for parking lots by
this ordinance.
(g> 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 €or dispensing motor fuels.
(h) No motor vehicles except those owned by the o2erators
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.
1 (i> Body work and painting is prohibited.
16-10
(j) 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.
(k) 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.
(1) Notwithstanding the requirements of section 8 of this
ordinance, driveways and drive aisles need only provide a
setback of not more than five feet from all lot lines, subject
to the requirements of paragraph 12(j) of this section K.
13. Car Wash Standards.
(a) A car wash shall be subject to the same standards as
specified herein for automobile service centers.
(b) All waste water disposal facilities, including sludge,
grit removal and disposal equipment, must be approved by the
Engineer prior to installation.
(c> Not more than one point of ingress and one point of
egress shall be allowed from any one public street to the car
wash.
16-11
SECTION 17. PLANNED INDUSTRIAL DISTRICT (PID)
A. Principal Uses.
1. All principal uses allowed in the Planned Office District.
2. Manufacturing, compounding, processing, packaging, treat-
ment and assembly of products and materials.
3. Scientific research, investigation, testing or experimenta-
tion.
4. Warehousing of non-perishable products, provided that the
products are owned by or consigned to the owner of the principal use
or a lessee thereof, and further provided that said owner or lessee
does not establish such principal use in the capacity of a carrier
for the purpose of a freight operation.
5. 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.
6. Blueprinting, photostating and printing shops.
7. Business machine sales and service shops.
8. Mini-storage warehouses for storage of domestic supplies,
recreational vehicles and equipment and.;other private property,
provided that the owner of such private property is responsible for
transporting said property to and from the principal use, and further
provided that the owner of the principal use does not establish the
use in the capacity of a carrier for the purpose of a freight
operation.
9. Animal hospitals excluding establishments with outside runs.
B. Accessory Uses.
1. Warehousing of products manufactured by the principal use.
2. Offices and administrative facilities.
3. Shipping and receiving spaces, mailing rooms and order
pick-up facilities.
4. Cafeterias, educational facilities, vending services and
recreational establishments for persons empl3pd by the business
comprising the principal use.
17-1
5. 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 PC-1 and
PC-2 Districts, provided that such 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.
6. Temporary retail sales pursuant to a permit issued in
accordance with this section.
7. Off-street parking facilities.
C. Requirements for Building Coverage, Setback and Height.
1. Minimum Tract Area. No tract of land shall be transferred
to the Planned Industrial District unless the tract measures at least
ten acres in area or is contiguous to other land in the Planned
Industrial District.
2. Minimum Lot Area. Two acres.
3. Minimum Building Area. Each building shall have a gross
floor area of not less than 10,000 square feet.
4.
5.
6.
Maximum Building Coverage.
(a) Lots of less than three acres: 30 percent.
(b) Lots of three acres or more: 45 percent.9; ;
;k 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 siqle
building.
Maximum F.A.R. 0.5.9;
;'; May be increased to 0.6 for buildings which qualify
for 60 percent building coverage as provided in sub-
paragraph 4 of this paragraph.
Setbacks.
Interior
Front Side Side Rear
Street Street Yard Yard
50';'; 50 * ;'c 20';'; 20 ' 2';
9; or the building height if greater.
17-2
7. Maximum Building Height. Four stories or 50 feet whichever
is less..
D. Special Requirements. In addition to the general requirements
described in section 7 of this ordinance, the following special
requirements shall apply:
1. Increased Front Street and Side Street Setbacks. The
required front street or side street setback'shall be increased to 75.
feet if the tract is located across the street from property in a
residential district used for residential purposes.
2. Increased Side Yard and Rear Yard Setbacks. The required
interior side yard or rear yard setback shall be increased to 100
feet if the tract abuts property in a residential district used for
residential purposes.
3.
Permits.
sale
c
Temporary Retail Sales and Going Out of Business Sales
(a) The Manager may grant a permit for a temporary retail
or going out of business sale, provided that:
(i) the temporary retail sale shall not exceed three
consecutive days, and the going out of business sale shall
not exceed ten consecutive days;
(ii) not more than two temporary retail sale permits
may be issued to any one person, firm, affiliate or
subsidiary in a.,ralendar year, and further provided that
the two permitted sales must occur at least 60 days apart.
Not more than one going out of business sale permit may be
issued to any one firm, affiliate or subsidiary in a
three-year period; and
(iii) an application for the permit must be filed with
the Clerk not less than 30 days prior to the commencement
of the sale; the application shall be co-signed by the
owner or owners of the lot or building and accompanied by
an application fee as specified in City Ordinance No. J71.
(b) The Manager shall not issue a permit unless he finds
that :
(i) the sale will not impair the safe movement of
traffic in the vicinity and will not impact surrounding
residential areas;
(ii) adequate Facilities for off-street parking are
available;
17-3
(iii) all buildings housing such sale have adequate
fire protection facilities and ingress and egress for the
public;
(iv) the sale will not conflict with other scheduled
sales in the vicinity;
(v) prior sales conducted by the applicant conformed
to the requirements of this ordinance; and
(vi) adequate personnel for public safety purposes
will be provided by the applicant.
(c) Additional requirements:
(i) all goods shall be displayed and sold within the
principal building;
(ii) 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 furnished
to the Manager within ten days before the sale; and
(iii) 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.
4. Building Design and Construction. In addition to other
restrictions of this ordinance and of the building codes then in
force in the City, the use, construction, alteration or enlargement
of any building or structure within the Planned Industrial District
shall meet the following standards:
(a) All exterior wall finishes on any building shall be
one or a combination of the following materials:
(i) face brick;
(ii) natural stone;
1
(iii) specially designed precast concrete units if the
surfaces have been integrally treated with an applied
decorative material or texture;
(iv) factory fabricated and finished metal framed
panel construction if the panel materials are any of those
noted above; or \
17-4
(v) glass or prefinished metal (other than unpainted
galvanized iron).
(b) 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.
5. Restrictions, Controls and Design Standards. Uses whioh
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 llexcessivell when they either exceed or deviate from the
limitations set forth in the following performance specifications..
(a) 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 Table 1
herein. 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.
Table 1
Octave Band Frequency
(Cycles Per Second)
20-75
76-150
151-300
301-600
601-1 , 200
1,201-2,400
2,401-4,800
Over 4,800
Decibel Level
65
60
55
46
40
34
31
28
17-5
(b) Vibration. No use shall at any time cause earth
vibrations perceptible beyond the limits of the tract on which
the use is located.
(c) 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.
(d) Smoke. Measurement shall be at the point of
emission. The most recent Ringleman Smoke Chart published by
the United States Bureau of Mines shall be used for the
measurement of smoke. Smoke not darker or more opaque than
No. 1 on the chart may be emitted, provided that 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.
(e) Odor. The use shall not, at any time, cause the
discharge of toxic, noxious or odorous matter beyond the
conflines of the principal building in such concentrations as to
be detrimental to or endanger the public health, welfare,
comfort or safety.
(f) 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.
(g> Liquid Wastes. All 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 discharge 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:OO noon.
In order to assure 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, such investigations and tests as
may be necessary, in the Planner's sole determination, to show
adherence to the performance standards. Such investigations and
tests shall be done by an independent testing organization approved
by the Planner.
17-6
6. Mini-Storage Warehouse Standards.
(a> No doors through which personal property is loaded or
unloaded shall be located on a side of a building which faces a
residential district.
(b) In addition to the requirements in this section for
temporary retail sales permits, the following requirements shall
apply:
(i> 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
(ii> said permit shall be applied for only by the
owner or owners of the principal building, it being the
intent hereof that each lessee within the mini-storage
building shall not be eligible individually for-a temporary
retail sales permit.
(c) Only non-perishable and non-volatile products may be
stored.
17-7
SECTION 18. REGIONAL MEDICAL DISTRICT (RMD)
A. Principal Uses.
1. Hospitals.
2. Medical and dental offices and clinics.
3. 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.
B. Accessory Uses.
1. Living quarters and recreational and educational facilities
for nurses, interns, staff members, hospital employees and volunteers,
provided that such uses are located within or are contiguous to .the
principal building.
2. Off-street parking facilities Eor ambulances, service
trucks and automobiles owned by tenants, employees, patients and
visi tors.
3. Within principal buildings having a gross floor area of
40,000 square feet or more, ten percent of the floor area may he
occupied by retail uses allowed in the PC-1 and PC-2 subdistricts,
provided that the primary function of such uses is to serve the needs
of occupants of, and visitors to, the principal use.
4. Helistops for use by helicopters involved in emergency
rescue operations.
C. Requirements for Building Coverage, Setbacks and Height.
1. Floor area ratio.. 1.0.
2. Setbacks.
Interior
Front .' Side Side Rear
Street Street Yard Yard
9; or the building height if greater.
18-1
8 3. Building Height. No maximum. Height is determined by
required setbacks.
4. 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.
D. Special Requirements. In addition to the general requirements
described in section 7 of this ordinance, the following special
requirements shall apply.
1. All uses shall conform to the same requirements as are
established by this ordinance for the Planned Office District (POD).
2. All uses shall comply with the same standards for residual
features as are established by this ordinance for the Planned
Industrial District (PID).
18-2
SECTION 19. AUTOMOBILE PARKING DISTRICT (APD)
A. Principal Uses.
1. Parking lots.
2. Parking ramps and garages.
3. Drive-through banking facilities.
B. Requirements for Setbacks.
1. Parking Lots.
Interior
Front Side Side Rear
Street Street Yard Yard
20 ' 20' 10' 10' -
2. Parking Ramps, Garages and Other Structures.
Interior
Front Side Side Rear
Street Street Yard Yard
9; or the building height if greater.
C. Special Requirements. In addition to the general requirements
described in section 7 of this ordinance, the following special
requirements shall apply.
1. 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.
2. The front street or side street setback for parking ramps
and garages, and other structures, shall be increased to 50 fee!: when
the ramp, garage or structure is located across the street from a
property in an R-1 District used for residential purposes. ,
19-1
SECTION 20. HERITAGE PRESERVATION OVERLAY DISTRICT (HPD)
A. Purpose. The Council believes that the preservation of the
buildings, lands, areas and districts which possess historical or
architectural significance will promote the educational, cultural and
general welfare of the residents of the City, and, therefore, establishes
the zoning classification to be known as the Heritage Preservation
Overlay District.
B. Uses, Site Requirements. The transfer of land to the Heritage
Preservation Overlay 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 Heritage Preservation
Overlay District shall also apply to such land once transferred to the
Heritage Preservation Overlay District.
C. Procedure for Establishing a Heritage Preservation Cverlay
District Zoning. The transfer of land to the Heritage Preservation
Overlay District shall be accomplished pursuant to paragraph B.4 0.f
section 4 of this ordinance, provided, however, the Commission shall not
review the petition and the Council shall not act on the petition until
it has received the report and recommendation of the Heritage Preserva-
tion Board. In transferring any land to the Heritage Preservation
Overlay District, the interior appearance of any buildings then located
thereon shall also be deemed subject to the permit requirements of this
section, unless in making the transfer of any specific parcel of land
into the Heritage Preservation Overlay District, the ordinance
specifically states that the interior of any one or more buildings,
specifying the same, is not subject to the permit requirements of this
sect ion.
8
D. Filing of Transfer. After the transfer of any property to the
Heritage Preservation Overlay District, the Clerk shall file a certified
copy of the amendment to this Ordinance making such transfer with the
office of the Register of Deeds or the Registrar of Titles, whichever
office is appropriate; but failure to so file shall not affect the .
validity of such transfer or tlie application of the provisions of this
section to such property.
E. Permit Required fer Certain Work. A permit shall be required
before any of the following work is done on or to any land within a
Heritage Preservation Overlay District or in, on or to any improvements
thereon.
1. Any remodeling, repairing or altering that will change in
any manner the exterior appearance, or the interior appearance, of a
bu"l-Ming, unless the interior of the building is not subject to the
permit requirements of this section as set out in the ordinance
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,
transferring the land on which the building is situated to the
Heritage Preservation Overlay District.
2. Moving a building.
3. Destroying a building in whole or in part.
4. Changing the nature or appearance of the land.
5. Constructing a new building or any other structure or
improvement.
Any work for which a permit is granted pursuant to this section shall
yet to be subject to all other requirements, including other permits
required, for such work under other ordinances of the City.
F. Procedure for Obtaining Permit.
1. Application with Building Official. A permit applicant
shall be the owner or owners of the land or building upon which or to
which the work is to be done. The permit applicant shall make
application for the permit required by paragraph E of this section
with the Building Official on forms provided by him, and containing
at least the following information:
(a) description and address of the property;
(b)
(c) plans for the work to be done under the permit,
showing the same in such reasonable detail as the Building
Official shall require; and
names of the owner or owners;
(d) if remodeling, repairing or altering is to be done,
renderings or pictures, showing the condition of the building or
buildings after completion of the proposed work.
2. Submission to and Recommendations of Planner and Heritage
Preservation Board. The Building Official shall submit the
application, with all required information, to the Planner. The
Planner shall make his report and recommendation on the application
to the Heritage Preservation Board, and the Heritage Preservation
Board, after making its findings pursuant to City Ordinance No. 802,
shall make its recommendation to the Planner to approve or disapprove
the issuance of the permit. The Planner shall not authorize issuance
of any permit which the Heritage Preservation Board has disapproved.
3. Issuance of Permit. The Building Official shall issue the
permit only upon receipt of the approval of the Planner authorizi'ng.
issuance of the permit.
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4. Appeal by Applicant. If the Planner disapproves the
issuance of the building permit, the applicant may appeal. to the
Board, pursuant to the provisions of paragraph A of section 4 of this
ordinance relating to appeals of administrative decisions.
5. Hearing and Order by Board. The procedure for hearings and
orders by the Board on appeals made pursuant to this section shall be
the same as for other appeals of administrative decisions made under
and pursuant to paragraph A of section 4 of this ordinance, except
that notice of the hearing shall be given in the same manner as a
request for a variance, and shall also be given to the Heritage
Preservation Board. The decision of the Board may be appealed to the
Council pursuant to the provisions of paragraph A of section 4 of
this ordinance.
6. Hearing and Decision by Council. The procedures for
hearings and decisions by the Council for appeals made pursuant to
this section shall be the same as set out in paragraph A of section 4
of this ordinance, except that notice of the hearing shall be given
in the same manner as a request for a variance, and shall also be
given to the Heritage Preservation Board.
G. Maintenance of Historic Buildings and Structures. Evexy owner
or person in possession of a building or structure situated on land in
the Heritage Preservation Overlay District shall keep in good repair all
of the exterior portions of such building or structure and all interior
portions thereof unless the ordinance, as set out in paragraph C of this
section, specifically states that the interior of that building or
structure is not subject to the permit requirements of this section;
provided, however, that such interior portions shall be maintained even
if not otherwise required by this section where failure to maintain may
cause or tend to cause the exterior portions of such building or
structure to fall into a state of disrepair.
8
H. Order to Repair; Remedies for Violation.
1. Inspection. Whenever it shall come to the attention of the
Building Official, by written complaint of any person or agency, or
otherwise, that a building or structure is in violation of
paragraph G of this section, the Building Official, in the course of
his duties, shall cause a preliminary examination to be made of the
building or structure and premises. If it the= appears that the
building or structure.is in violation of paragraph G of this section,
he shall then cause a detailed inspection of the building or
structure to be made. Upon completion of the inspection, if it then
appears that the building or structure is in violation of said
paragraph G, the Building official shall issue a written order to the
owner or occupant thereof requiring repair.
2. Appeals. Any person who deems himself aggrieved by such
order may appeal the order to the Council by filing a written appeal
20-3
with the Clerk within 30 days after the date of such order. Such
appeal shall fully state the order appealed from, the date thereof
and the facts of the matter. Upon such an appeal being filed, the
Building Official shall make a written report and submit it to the
Council. If no appeal is so filed within said 30-day period, the
order shall be final.
3. Council to Call Hearing. The Council shall examine the
report of the Building Official, and if there is probable cause to
believe. that the building or structure is in violation of said
paragraph G, shall have the matter set for hearing.
4. Notice of Hearing. Notice of hearing shall be given in a
form prescribed by the Council. The form shall:
(a) set forth the street address and legal description
sufficient for identification of the premises upon which the
building or structure is located;
(b) contain a brief statement of the conditions mentioned
in the report of the Building Official which show probable caus.e
to believe that the building or structure is in violation of
said paragraph G;
(c) state the date, hour and place of the hearing; and
(d) order all interested parties who desire to be heard in
the matter to appear before the Council to show cause why the
building or structure should not be ordered repaired.
5. Hearing. The Council, at such hearing, shall hear and
consider any evidence offered by any person who is to be heard. The
Council, upon conclusion of 'the hearing, at the same meeting or at a
specified future meeting thereof, shall make its decision, giving its
reasons therefor, as to whether or not the building or struction in
question is in violation of said paragraph G.
6. Order to Repair. If the Council determines that the '
building or structure involved is in violation of said paragraph G,
it shall issue an Order that the building or structure be repaired.
The Order shall set forth the street address of the building or
structure and a legal description of the premises sufficient for
identification. It shall contain a statement of the particulars
which render the building or structure in violation of said
paragraph G, and a statement of the work required to be done. The
Order shall state a reasonable time within which the work required
must be commenced, and shall further specify a reasonable time within
which the work shall be completed. The time for completion may, by
buncil resolution, be extended for just causes upon written
application of any interested party or parties.
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7. Penalty for Disregarding the Order. If the Order of the
Council is not complied with within the time provided in the Order,
as extended, the City may make the necessary repairs through its
agents, employees or contractors. The City shall have a lien against
the property as of the date of filing a certified copy of such
Council Order or other evidence thereof, in such office of the county
as is necessary to give constructive notice of such lien. The lien
shall be for all reasonable expenses incurred in making such repairs,
including administrative expenses and attorneys' fees, and including
interest on all such expenses and fees from the dates incurred until
paid at the same rate of interest as is payable on unpaid fees and
expenses due the City pursuant to paragraph E of section 4 of this
ordinance. In addition, such noncompliance shall be a violation of
this ordinance, and the provisions of paragraph H of section 4 of
this ordinance shall apply.
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SECTION 21. FLOODPLAIN OVERLAY DISTRICT (FD)
A. Declaration of Policy; Purpose. In addition to the findings,
purpose and objectives set out in section 1 of this ordinance, it is
hereby found and declared, that:
1. lands within floodplains, as hereafter defined, in the
City, in their natural state, are a valuable land resource;
2. development within any such floodplain must be regulated on
the basis of, and with full consideration of, the impact on the whole
of that floodplain and on the watercourses and water bodies of that
floodplain;
3. such lands are or may be subject to loss or impairment of
value and physical degradation through uncoordinated and unplanned
development; and
4. such lands are necessary and desirable to avoid rapid
runoff of surface waters, to prevent polluting materials from being
carried directly into the. watercourse or water body, to preserve
adequate ground water infiltration, to protect surface and ground
water supplies, to minimize the possibility of periodic flooding
resulting in loss of life and property, health and safety hazards,
disruption of governmental services, extraordinary public
expenditures for projects to contain, store and control runoff, and
impairment of the tax base, all of which adversely affect the public
health, safety and welfare.
It is, therefore, the purpose of this section to guide and regulate
the orderly development of such lands to insure maintenance and
preservation, in their natural state, of needed and desirable natural
water storage areas, and watercourses and water bodies and their
shorelines and adjacent vegetation and topography and to minimize the
possibility of, and pollution and losses resulting from, runoff and
flooding, all thereby to promote and protect the public health, safety
and general welfare.
B. Floodplain Overlay District Established. I The inclusion of land
within the Floodplain Overlay District shall not change or affect, in any
way, the uses allowed on, and the rest.rictions 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 Floodplain
Overlay District shall also apply to such land.
C. Definitions. The words and phrases used in this section shall
be subject to the rules of construction and definitions in section 3 of
this ordinance, and, to the extent defined below, shall have the
following meanings:
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Channel: A natural or artificial depression of perceptible
extent, with definite beds and banks to confine and conduct,
either continuously or periodically, the water in the respective
creeks of Nine Mile Creek and Minnehaha Creek.
Commissioner: The Commissioner of the Department of Natural
Resources of the State of Minnesota.
Equal Degree of Encroacment: A method of determing the location
of encroachment lines so that the hydraulic capacities of
floodplain lands on each side o'f a stream are reduced by an
equal amount when calculating the increases in flood stages due
to floodplain encroachments.
Flood or Flooding: A temporary rise in stream flow or stage
that results in inundation of the areas adjacent to the channel
or to water bodies in the floodplain.
Floodplain: The areas adjoining a watercourse or water body
which have been or hereafter may be covered by the regional
flood.
Floodplain Overlay District: A zoning district, the boundaries
of which coincide with the boundaries of the floodplain.
Floodproofing: A combination of structural provisions, changes
or adjustments to properties and structures subject to flooding,
primarily for the reduction or elimination of flood damage.
8
Map: The official Floodplain Zoning Map hereinafter described.
Mobile Home: A structure, transportable in one or more
sections, which is built on a permanent chassis and designed to
be used with or without a permanent foundation when connected to
the required utilities. It does not include recreational
vehicles or travel trailers. The term includes, but is not
limited to, the definition of "mobile home" as set fort@ in
federal regulations governing the Mobile Home Safety and
Construction Standards Program (24 CFR 3282.7(a)).
Mobile Home Park: A parcel (or contiguous parcels) of land
divided into two or more mobile home lots for rent or sale.
Obstruction: Any storage of material or equipment, dam, wall,
wharf, embankment, levee, road, dike, pile, abutment,
projection, excavation, channel, rectification, culvert,
building, wire, fence, stockpile, refuse, fill, deposit,
clearing of trees or vegetation, structure or matter in, along,
acroswr projecting, in whole or in part, into any floodplain.
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Reach: A hydra1 lic engineering term to describe longitudinal
segments of 'a stream or river influenced by a natural or
man-made obstruction.
Regional Flood: A flood which is representative of large floods
known to have occurred generally in the State of Minnesota and
reasonably characteristic of what can be expected to occur on an
average frequency in the magnitude of the 100-year recurrence
interval.
Regulatory Flood Protection Elevation: A point not less than
one foot above the elevation of the floodplain, plus any
increases in flood heights attributable to encroachments on the
floodplain; the elevation to which uses regulated by this
section are required to be elevated or floodproofed. 1
D. Lands Subject to Ordinance; Establishment of Official Floodplain
Zoning Map; Interpretation.
1. Lands Subject to Ordinance. The Floodplain Overlay
District shall encompass all lands within the jurisdiction of the
City and shown on the Map as being located within the boundaries of
the floodplain.'
2. Establishment of Official Floodplain Zoning Map. The Map,
a composite copy of which, reduced in size, is appended to this
ordinance, and is hereby adopted by reference and declared to be a
part of this ordinance. The 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 Map is based upon the Nine
Mile Creek Watershed District Plan and Management Profile, the Flood
Insurance Study dated November, 1979, prepared for the City by the
Federal Insurance Administration, and the Flood Insurance Study dated
March 16, 1981, prepared for the City of Bloomington by the Federal
Insurance Administration (hereinafter collectively called the "FISrf),
the Flood Boundary and Floodyay Maps attached thereto as Exhibit 2,
and the Flood Insurance Rate. Maps referred to in the FIS, dated
May 1, 1980, for the City, and September 16, 1981, for Bloomington, '
all of which are on file in the office of the Planning Department.
3. Interpretation. The boundaries of the floodplain shall be
deterrnined by scaling distances on the Map. In the event that
interpretation is needed as to the exact location of the boundaries
of the floodplain as shown on the Map, as, for example, should there
appear to be a conflict between a mapped boundary and actual field
conditons, the Board shall make the necessary interpretation based on
elevations in the Official Floodplain Zone Profile (hereinafter
called the "Flood Profile"). The Flood Profile, a copy of which,
reduced in size, is appended to this geetion, is hereby adopted by
reference and declared to be part of this ordinance. The Flood
21-3
t Profile 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 elevation shown on the Flood Profile at any given
geographical location corresponds to the elevation at such
geographical location as shown on either the Nine Mile Creek
Watershed District Management Profile or the flood profiles attached
as Exhibit 1 to the FIS, whichever is the more restrictive.
E. Floodplain Overlay District Uses: Permits and Standards.
I. Existing Land Use. No land use shall be changed, nor shall
any obstruction be changed in its use or be constructed, erected,
added to, altered, placed or done, if such use or obstruction is
wholly or partly within the Floodplain Overlay District except in
full compliance with all applicable ordinances of the City, and
unless a special permit is first obtained pursuant to this
ordinance. Without limiting the generality of the foregoing, land
use shall be deemed to have changed when any utilities are installed
in, or any road or structure is placed on, the land.
2. Standards and Conditions for Issuance of Special Permits.
No special permit shall be issued for any use or obstruction to be
placed in the Floodplain Overlay District unless the following
provisions are complied with: 8 (a> A strip of land running along all sides of the channel
of Nine Mile Creek or Minnehaha Creek, as the case may be,
contiguous to the land for which the special permit is being
considered, and extending from a line not less than 100 feet
. upland from the centerline of the channel of Nine Mile Creek or
Minnehaha Creek, as the case may be, to and including the bed of
the channel, shall be either:
(i> dedicated to the City for public use; or
(ii) subjected to a conservation restriction pursuant
to Minnesota Statutes, SO 84.64 and 84.65, in favor of the
City for the purpose of retaining that area predominately .
in its natural and open condition and for the purpose of
widening, deepening, sloping, improving or protecting the
beds and banks of the creek and the floodplain.
The Planner shall determine which of these options is more
appropriate. In either case, there shall also then be granted
to the City an easement for ingress to and egress from said
strip of land with workers, equipment and material. Whenever
the easement and conservation restriction are determined to be
in the best interests of the City, said conservation restriction
shall also provide that the owners of the area as to which such 1
conservation restriction is granted shall not make, do or place
21-4
any obstruction.or structure of any kind on or in such area or
raise the level of the area in any way, but all such right to
obstruct and place structures on, and to raise the level of, the
area shall be granted by said conservation restriction to the
City. Such dedication or easement and conservation restriction
need not be given if previously given to the City pursuant to
the City's subdivision ordinance.
(b) No special permit shall be issued for any obstruction
or use which, acting alone or in combination with existing or
anticipated future uses or obstructions, will or may unduly
decrease the capacity of the channel of the creeks or water
bodies in the floodplain or the floodplain itself, or the
capacity of any drainage ditch, facility area or system, or the
channel of any tributary to the creeks or water bodies, or
unduly result in danger to persons or property. Consideration
of the effects of a proposed obstruction or use shall be based
on the reasonable assumption that there will be an equal degree
of encroachment on both sides of the creek for the full reach of
the proposed use. For purposes of this paragraph, any
obstruction or use which, acting alone or in combination with
existing or anticipated. future uses or obstructions, causes, in
the reach of the watercourse in which the obstruction or use is
placed, or in any other reach of the watercourse, an increase in
floodplain elevation of more than one-half foot over and above
the elevation of the floodplain as shown on the Flood Profile,
shall be deemed, prima facie, to unduly. increase flood heights
and to unduly decrease the capacity of the ch'annel or floodplain.
(c> No special permit shall be issued which will or may
result in the placing of any obstruction which restricts the
right of public passage and use of the beds, banks and water of
Nine Mile Creek or Minnehaha Creek, except that special permits
may be issued for obstructions approved by the Nine Mile Creek
Watershed District as to Nine Mile Creek, and the Minnehaha
Creek Watershed District as to Minnehaha Creek, in which case
adequate provision shall be made for portaging and passage of
watercraft.
(d) No special permit shall be issued for any obstruction
or use which, acting alone or in combination with existing or
anticipated future uses or obstructions, wiil or my adversely
affect land or.. water areas essential to the protection of
surface and ground water supplies.
(e) No special permit shall be issued which will or may
result in an obstruction or use incompatible with preservation
of natural land forms, vegetation, marshes, wet areas and water
bodies within the floodplain which are a principal factor in the
maintenance of constant rates of water flow in Nine Mile Creek
or Minnehaha Creek throughout the year.
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. ~ - (f) No special permit shall be issued which will or may
result in the placing of an obstruction on, or development of,
land or water areas essential to temporary withholding of rapid
-
runoff of surface water contributing to downstream flooding- or
of land and water areas essential for providing ground water
infiltration, and which construction or development will or may
decrease the capacity of such areas to withold such surface
waters or provide such ground water infiltration.
(g) No special permit shall be issued for any fill unless
shown to have some beneficial purpose, and the amount thereof
must not exceed that necessary to achieve the intended purpose,
as demonstrated by a plan submitted by the owner showing the
uses to which the filled land will be put, the kind of fill and
the final dimensions of the proposed fill or other materials.
Such fill shall be protected against erosion by riprap,
vegetative cover or bulkheading, as and to the extent required
by the special permit.
(h) No special permit shall be issued for garbage or waste
disposal sites or systems.
(i> No special permit shall be issued for mobile homes or
mobile home parks.
(j> No special permit shall be issued for any obstruction
unless such obstruction shall be: : -
(i) designed and adequately anchored to prevent
,/ flotation, collapse or lateral movement;
(ii) constructed with materials and utility equipment
resistant to flood damage; and
(iii) constructed by methods and practices that
minimize flood damage.
(k) No special permit shall be issued for new or
replacement water supply systems or sanitary sewerage systems
unless such systems are designed to minimize or elininate
infiltration of flood waters into such systems. Sanitary
sewerage systems must be designed to minimize or eliminate
discharges from such systems into flood waters. Onsite waste
disposal systems must be located to avoid impairment to them or
contamination from them during flooding.
(1) No special permit shall be issued unless the proposed
use or obstruction has received the approval of all governmental
bodies'-having jurisdicton over such use or obstruction,
including the Nine Mile Creek Watershed District or the
21-6
/ Minnehaha Creek Watershed District, as the case may be, and the
Commissioner, if said approval is requested by the City or
required by the statutes, ordinances, rules or regulations
adopted by such governmental bodies or applicable to such
governmental bodies and to such use or obstruction. The City,
however, may act on a special permit without such approval if
only requested by the City and not otherwise required.
(m> No special permit shall be issued unless the proposed
use or obstruction conforms to the Comprehensive Plan and other
land use plans and planning objectives of the City, for the area
in which the use or obstruction is to be made or placed.
3. Utilities, Railroad Tracks, Streets and Bridges. Public
utility facilities, roads, railroad tracks and bridges within the
floodplain shall be designed to minimize increases in flood
elevations and shall be compatible with the floodplain development
plans of the City and of the Nine Mile Creek Watershed District or
the Minnehaha Creek Watershed District, as the case may be;
4. Adjustments of Regulatory Flood Protection Elevations and
Floodplain Elevations. In connection with any proposed development
of, or proposed placing of an obstruction in, the floodplain, if the
regulatory flood protection elevations and floodplain elevations then
being used reflect proposed measures for flood control, including
water retention areas, then such elevations shall not be effective or
used in issuing a special permit until measures are constructed and
operative, unless the proposed measures will increase flood heights,
in which event the regulatory flood protection elevations and
floodplain elevations used i.i issuing a special permit shall reflect
the anticipated increases.
F. Additional Restrictions. In addition to the requirements set
out in paragraph E of this section, no special permit shall be issued for
any use or obstruction in the Floodplain Overlay District unless the
following provisions are met:
1. Structures. Structures shall be constructed so that the
basement floor, or first floor if there is no basement, is above the
regulatory flood protection elevation. The finished ground elevation
shall be no more than one'foot below the regulatory flood protection
elevation for the particular area and shall extend at such elevation
at least 15 feet beyond the limits of any structure or building
erected thereon. Where existing streets or utilities are at
elevations which make compliance with the foregoing two sentences
impractical, or in other special circumstances, a variance request
may be made to the Board and the Board may authorize other techniques
for protection of the structure in accordance with the floodproofing
regulations made a part of the M'innesota State Building Code as, and
to the extent, adopted by the City; provided, however:
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(i) all residential structures shall be constructed
so that the basement floor, or first floor if there is no
basement, is above the regulatory flood protection .
elevation; and
(ii) any nonresidential structure with a basement
floor, or first floor if there is no basement, not elevated
above the regulatory flood protection elevation must be
floodproofed to FP-1 or FP-2 classification in accordance
with the floodproofing regulations made a part of the
Minnesota State Building Code as, and to the extent,
adopted by the City.
2. Subdivisions. No land shall be subdivided which is
determined by the City to be unsuitable for subdivision by reason of
potential flooding, inadequate drainage, water supply or sewage
treatment facilities. Each lot within the floodplain shall contain a
building site at or above the regulatory flood protection elevation.
All subdivisions shall have water and sewage disposal facilities that
comply with the provisions of this and other applicable ordinances of
the City. All subdivisions shall have road access both to the
subdivision and to the individual building sites no lower than two
feet below the regulatory flood protection elevation. 8 3. Development in the Floodplain. Applicants for special
(a) the information required by, or necessary to prove
permits to develop in the floodplain shall provide:
compliance with, this section; and
,
(b) evidence that all necessary permits have been received
from those governmental agencies from which approval is required
by federal and state law, including, without limitation, 33
U.S.C. 1344, as amended.
4. Other Uses. Accessory land uses, such as yards and parking
lots, may be at elevations lower than the regulatory flood proteation
elevation if a special permit is first granted pursuant to this
ordinance; provided, however, that any special permit granted for any
such use which would
(a) involve premises which would be inundated by the
regional flood to heights greater than two feet or would be
subject to flood velocities greater than four feet per second in
the event of a regional flood, and
(b) ,entail use of such premises by employees or the
general public,
21-8
shall be conditioned upon the installation on such premises of a
flood warning system capable of providing adequate evacuation
time in the event of a regional flood.
5. Storage. Any storage or processing of materials that in
time of flooding may be buoyant, flammable, explosive or could be
injurious to human, animal or plant life, is prohibited.
G. Administration; Applications for and Issuance of Special Permits
and Variances; Recommendation of Watershed Districts; Certificates of
Zoning Compliance.
1. Administration. The Planner shall administer and enforce
this section.
2. Special Permits and Variances Required; Grounds for
Variances. A special permit or variance shall be applied for and
obtained pursuant hereto prior to the construction, erection,
addition, alteration or change of use of any obstruction wholly or
partly in the Floodplain Overlay District and prior to the change of
use of any land, which use is wholly or partly in the Floodplain
Overlay District. Variances may be granted only in the event that
strict enforcement of the literal provisions of this ordinance will
cause undue hardship because of circumstances unique to the
individual property under consideration, and only if the action
allowed by such variance will be in keeping with the spirit and
intent of this ordinance. Undue hardships shall have the same
meaning, and shall be interpreted in the same way, as in paragraph A
of Section 4 of this ordinance.
3. Applications for Special Permits and Variances.
Applications for special permits and variances under this ordinance
shall be made, in duplicate, by the owner or owners of the land, to
the Planner, on forms furnished by the City, and shall be accompanied
initially by such of the'following information, data and plans as is
deemed necessary by the Planner for determining compliance with this
ordinance, evaluating the application and determining the effects of
the proposed activity on the creek, marshes, wet areas and water
bodies in the Floodplain Overlay District and the suitability of the
particular site for the proposed improvement, use, obstruction or
variance:
(a> Plans, including a survey by a Minnesota registered
land surveyor, in duplicate, drawn to scale, showing the nature,
location, dimensions and elevation of the lot, existing and
proposed obstructions, the relationship of the lot and existing
and proposed obstructions to the location of the channel,
marshes, wet areas and water bodies, surface water drainage
plans and floodproofing measures.
21-9
(b) A valley cross section 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 , high water information, all- drainage areas, all
land forms and adjacent marshes, wet areas and water bodies.
(c) Plans (surface view), including a survey by a
Minnesota registered land surveyor, showing elevations or
contours of the ground, pertinent obstruction elevations, size,
location and spatial arrangement of all proposed and existing
obstructions on the lot, location and elevations of streets,
water supply and sanitary facilities, photographs showing
existing land uses and vegetation upstream and downstream, and
soil types.
(d) Profile showing the slope of the bottom of the channel
or flow line of the stream.
(e) Specifications for building construction and
materials, floodproofing, filling, dredging, grading, channel
improvement, storage of materials, water supply (including
withdrawal and discharge of ground and surface water) and
sanitary facilities.
(f) Description of the water quality if other than a
municipal water system is used, maximum yearly withdrawal of
ground water, and the impact on the receiving creek, marsh, wet '
area or water body of discharged surface and ground water.
,i (g) Statement of the private and public benefits
anticipated from the proposed activity, the alternatives to the
proposed activity, the effect of the proposed activity on the
capacity of the floodplain and on flood heights, and the adverse
effect, if any, on the floodplain and the creek, marshes, wet
areas and water bodies in the floodplain which cannot be avoided
if the special permit or variance is granted.
4. Submission of Application.
(a) For a Special Permit. Within 45 days after receipt of
the application for a special permit, fee and initial
information requested, the Planner shall review the application
and submit it to the Engineer, and to the Nine Mile Creek
Watershed District or the Minnehaha Watershed District,
whichever district is appropriate.
(b) For a Variance. Within 45 days after receipt of the
application for a variance, fee and initial information
bequested, the Planner shall review the application and submit
it to the Engineer, the Nine Mile Creek Watershed District or
the Minnehaha Matershed District, whichever district is
appropriate, and, with his report, to the Board.
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5. Issuance of Special Permit. Following receipt of the
report and recommendation of the Engineer, and upon making a finding
that the standards, conditions and restrictions for issuance of the
special permit have been satisfied and complied with, the Planner
shall issue the special permit.
6. Issuance of Variance. Upon approval of the application
therefor by the Board, or the Council upon any appeal 'of a decision
of the Board, the Planner shall issue the variance.
District. The Planner, Board or Council may, at any time and
relative to any application, use or obstruction, transmit the
information received by him or it to the appropriate Watershed
District for advice, recommendations or technical assistance as to
the hydrological effect or general impact of any such application,
use or obstruction on the floodplain, flood heights, flood velocities
or as to the seriousness of flood damage to the use, the. adequacy of
plans for protection, compliance with this section or other technical
matters. The Planner, Board or Council may withhold his or its
decision on granting or allowing any special permit, variance use or
obstruction until such advice, recommendations or assistance are
received.
8. Certificates of Zoning Compliance. Upon completion of any
work or project pursuant to a special permit or variance granted
pursuant to this ordinance, and prior to the.use or occupancy of the
land or obstruction permitted by the special permit or variance, a
Certificate of Zoning Compliance shall be issued therefor by the
Planner stating tzyat the use of the land or obstruction conforms to
the requirements of this ordinance. Prior to issuance of such
certificate, the applicant therefor shall submit a certification by a
registered professional engineer, architect or land surveyor, as
appropriate, that the permitted obstructions, including, but not
' limited to, finished fill and building floor elevations, flood-
proofing or other flood protection measures, have been completed in
compliance with the provisions of this ordinance and in compliance
with the information given to the City in connection with the
application for the special permit or variance.
H. Powers and Duties of Board and Building Official; and Appeals
to, and Hearings by, the Council. -
1. Board of Appeals and Adjustments.
(a> Powers and Duties. The Board shall hear and decide
all appeals in which it is alleged there is an error in any
order, requirement, decision or determination made by an
administrative oPScer in the enforcement of this section, and
all requests for variances in connection with this section, in
21-1 1
the same manner, including notices, as it hears and decides
appeals and requests for variances under section 4 of this
ordinance, except as otherwise herein prqvided.
T
(b) Procedure for Variances. After receipt by the Board
of the report of the Planner, together with the application for
a variance and initial information requested by the Planner, the
Board shall hear and decide upon such application in the same
manner, including notices, as it hears and decides upon
variances under section 4 of this ordinance, except:
(i) no variance shall have the effect of permitting a
residential structure to be at a lower elevation than the
regulatory flood protection elevation for the individual
property under consideration;
(ii) no variance shall have the effect of permitting a
non-residential structure to be at a lower elevation than
the regulatory flood protection elevation- for the
individual property under consideration unless such
structure is floodproofed to FP-1 or FP-2 classification in
accordance with the floodproofing regulations made a part
of the Minnesota State Building Code as adopted. by the
City; and
(iii) in deciding upon any variance the Board shall
also consider the policies and purposes of this section and
all of the standards and conditions set out in
paragraph E.2 of this section, and the degree of conformity
with such standards and conditions as will result if the
variance is granted.
(c) Procedure for Appeals. Appeals to the Board shall be
made and acted upon by the Board, and, if appealed, such appeal
shall be made, and shall be heard and acted upon, by the Council
in accordance with the provisions, including notices, of
section 4 of this ordinance, relative to the subject matter of
the appeal.
2. Records of Elevation. The Building Official shall maintain
a record of the elevation of ‘the basement floor, or first floor if
there is no basement, of all structures constructed or placed in the
Floodplain Overlay District from and after April 23, 1980, and of all
additions to structures in the Floodplain Overlay District as of
April 23, 1980. The Building Official shall also maintain a record
of the elevations to which such structures or such additions to
structures are floodproofed.
3. Conditions Attached to Spe>Ml Permits and Variances. The
Planner may attach such conditions to the granting of special
permits, and the Board, and the Council on appeal, may attach such
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I
conditions to the granting of variances, as the Planner, Council or
Board deems necessary to fulfill the purposes of, and insure
compliance with, this ordinance.
4. Notice of Hearing Given to Commissioner; Special Permits
and Variances Forwarded to Commissioner and Watershed Districts. The
Planner shall give mailed notice to the Commissioner of each hearing
for a special permit or variance, together with a copy of the
application for the special permit or variance, not less than ten
days before the date of hearing. Also, a copy of each special permit
or variance issued or granted shall be forwarded to the Commissioner
and to the secretary of the appropriate Watershed District within ten
days after issuance or granting thereof.
5. Lapse of Special Permit or Variance by Nonuser; Extension
of Time.
(a) If within one year after the date of the issuance or
grant of a special permit, or 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 no.t
have obtained a building permit, if one is required, and
commenced the work authorized by such special permit or
variance, then the special permit or variance shall become null
and void unless a petition for an extension of time in which to
commence such work has been granted, as provided herein.
.-Ti- .
(b) The petition for extension:
(i> shall be in writing, and filed with the Planner .,)
within said one year period;
(ii) shall state facts showing a good faith attempt to
use the special permit or variance; and
(iii) shall state the additional time requested to
commence such work.
The petition, if it relates to a special permit, shall be heard
and decided by the Planner in the same manner as the original
petition for a special permit, unless such procedures have been
changed by amendment to this ordinance, in which event the then
applicable procedures shall be used. The petition, if it
relates to a variance, shall be presented to the Board for
hearing and decision, and appeal to the Council, in the same
manner as the original request for a variance, unless such
procedures have been changed by amendment to this ordinance, in
which event the then applicable procedures shall be used. In
determining whether the petitioner has made a good faith attempt
to use such special permit or variance, the Planner, Board or
\ -..
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Council may consider such factors as the design, size, expense
and type of the proposed work.
I. Non-Conforming Obstructions and Uses; Lapse; Destruction. An
obstruction or the use of an obstruction or premises, which was lawful
when constructed, placed or commenced, but which is not in conformity
with the provisions of this ordinance, may be continued, subject to the
following conditons:
1. No such obstruction or use shall be expanded, changed,
enlarged or altered in any way without complying, in all respects,
with this ordinance, including, but not limited to, the obtaining of
all required special permits and variances.
2. The cumulative cost of all expansions and alterations of,
and additions to, any such obstruction during the life of the
obstruction shall not exceed 50 percent of the assessed value of such
obstruction for real estate tax purposes as of April 23, 1980, unless
the effect of such expansions, alterations and additions is to
convert such obstruction into a conforming use or substantially
reduce potential flood damage to such obstruction.
3. If such use of such obstruction or such premises is
discontinued for one year or longer, any subsequent use of the
obstruction or premises shall comply, in all respects, with this
ordinance, including, but not limited to, the obtaining of all
required special permits and variances.
4. If any non-conforming obstruction is destroyed or damaged
by any means, including floods, to the extent that the cost of
repairing or restoring such destruction or damage exceeds 50 percent;
as estimated by the Engineer or some other person designated by the
Manager, of the cost of re-erecting a new obstruction of like kind
and quality and of the same physical dimensions and location, then it
shall not be reconstructed except in full compliance, in all
respects, with the provisions of this ordinance, including, but not
limited to, the obtaining of all required special permits and
variances.
J. Right of Passage. It shall be unlawful for any person, without
a special permit obtained pursuant to this ordinance, to place any
obstruction in Nine Mile Creek or Minnehaha Creek or to obstruct, in any
way, the passage of watercraft, or to interfere, in any way, with the use
by the public of the beds, banks, waters or channels of said creeks,
except obstructions placed by the appropriate Watershed District and used
for floodplain management, in which event adequate provision shall be
made for portaging and passage of watercraft.
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K. Removal of Obstructions.
1. Natural Obstructions. The City shall have the right of
reasonable entry upon lands in the floodplain, including those
adjoining Nine Mile Creek and Minnehaha Creek, for the purpose of
ingress to and egress from the floodplain and the beds, banks,
channels and waters of the creeks and water bodies therein to remove
any natural obstructions such as, but not limited to, trees, debris,
litter and silt.
2. Artificial Obstructions. Any artificial obstruction of the
beds, banks, channels or waters of N3ne Mile Creek or Minnehaha Creek
or in the floodplain made subsequent to February 8, 1973 and not made
pursuant to a special permit or variance granted pursuant hereto
shall be removed by the owner of the adjoining land within ten days
after mailing to such owner of a demand to do so by the Planner. If
the owner shall^ fail or refuse to remove the obstruction within said
time, or if the owner cannot be found or determined, the City may
remove such obstruction and the costs thereof shall be paid by the
owner on demand, or may be assessed against the land and collected in
the same manner as prescribed by law for levying and collecting
special assessments for municipal improvements.
L. Public Nuisance. Every obstruction or use placed or maintained
in the floodplain in violation of this ordinance is hereby declared to be
a public nuisance, and creation thereof may be enjoined and the
maintenance thereof abated by appropriate judicial.action.
M . Amendments .
>
1. The boundaries of the Floodplain Overlay District, as shown
on the Map, and the floodplain elevations as shown on the Flood
Profile, may be changed by amendment to this ordinance, and such
changes, when made, shall be shown on the Map and on the Flood
Profile. If it can be shown to the-satisfaciton of the Council that
any elevation is in error, the elevation will be corrected by the
Council by amendment to this ordinance.
2. All amendments shall be submitted to the Board of Managers
of the Nine Mile Creek Watershed District and the Minnehaha Creek
. Watershed District and the Commissioner, and shall be approved by the
Commissioner prior to adoption.
N. Warning and Disclaimer of Liability. This ordinance does not
imply that areas outside the floodplain or land uses or obstructions
permitted within the floodplain will be free from flooding or flood
damages. This ordinance shall not create liability on the part of the
City or any official or employee thereof for any flood damages that
result fhm reliance on this ordinance or any City action taken or
administration, Board or Council decision lawfully made hereunder. 8
21-15
I SECTION 22. REPEALER
City Ordinances No. 811 and No. 816 are hereby repealed in their
entiret; effective as of the date this ordinance becomes effective.
22-1
SECTION 23. EFFECTIVE DATE; PUBLICATION
This ordinance shall be in full force and effect immediately upon its
passage and upon publication of the title and a summary of this
ordinance, determined by the Council to clearly inform the public of the
intent and effect of this ordinance, with accompanying maps, and with a
notice that-a printed copy of this ordinance is available for inspection
by any person during regular office hours at the office of the Clerk and
the office of the Planner in the City Hall, all as provided by Minnesota
Statutes, Section 412.191, Subd. 4. The Clerk is also directed to post
the entire text of this ordinance, with accompanying maps, in the Edina
Community Library at 4701 West 50th Street, Edina, Minnesota, 55424.
Once ther title and summary are published in the official City newspaper,
the full text of this ordinance, certified by the Mayor and Clerk, and
bearing the City seal, with accompanying maps, shall also be published in
book or pamphlet form for public circulation.
’
.- *.
City of Edina
Attest: %&%
Clerk
BY
. .. , ,
-.
23-1
... '* I . EXHIBIT B Eo
Minutes of 3/5/84
CITY OF EDINA
Findings, Decision and Reasons
In the Matter of the Review and Adoption of a
Cmprehensive Zoning Ordinance (Edina Ordinance No;
825) by the City of Edina.
The above entitled mtter was heard before the City Council (the "Council")
of the City of Edina (the on January 16, February 6, February 27
and March 5, 1984. The Council, having heard and reviewed all of the facts
and testimony, both oral ard written, presented by City staff and affected
property owners, and having heard. and reviewed the evidence and law adduced
by City staff and affected property owners, and being fully advised, after
due consideration, hereby des the following
FINDINGS OF FACT:
c
A. General - History
1. The proposed comprehensive zoning ordinance (the lfOrdinance") .
was drafted and offered for considepation by the City of Edina Planning
Department Ad the City Attorney.
2. The Edina Comrmnv 'ty Developcent and Planning Comnission (the
llComnissim") reviewed the draft Ordinance at public meetings conducted on
November 2, November 30 and December 28, 1983. After consideration of the
Ordinance, the Cmnission adopted a resolution recmending that the
Council adopt the Ordinance.
3. On January.16, 1984, the Council conducted a public hearing
pursm$ to notice given in accordance with Minnesota Statutes $462.357. A
, mtice of the date, time and place of said hearing was published in the
official newspaper of the'city on January 4, 1984. The sam notice was
miled on January 6, 1984, to each owner of real property in the City of
Edina to the extent that the names and addresses of said owners could be
determined from the mst recent tax roles of Hennepin County as mintained
by the Edina. City Assessor. A copy of the notice and a list of the owners
and addresses to which the notice was sent was attested to by the City
Clerk and mde a part of the records relating to acbption of the Ordinance.
.
4. After hearing all testimny at the January 16, 1984 hearing,
the Council continued the hearing to the Council meeting of February 6,
1984, and m that occasion further continued the hearing to February 27,
. 1984, an3 m that occasim further continued the hearing to March 5, 1984.
At each of the aforemtioned hearings, the Council invited and received
oral testimony frm all wishing to speak. It likewise reviewed all written
mmnents' received 'from persons interested In the Ordinance. Although City
'. c
staff received my telephone calls inquiring about the Ordinance, no
objections were received, oral or written, except frm Harvey Hansen, Marsh
Everson and Wallace B. Kenneth, by his attorneys.
5. The Ordinance is an "official control" of the City, as defined
by Minnesota Statutes $5473.851-473.872, the Metropolitan Land Use Planning
Act (the 'tAct"> , and the Ordinance implements the City's Comprehensive Plan
as required by the Act.
6. The City's existing Comprehensive Plan (the "Plan") was
approved by the Comnissim on December 30, 1980, at a public hearing, a
notice of the time, place and purpose of which was published in the
offici& newspaper of the City pursuant to Minnesota Statutes $462.355.
Prior to such publication, as required by Minnesota Statutes $462.355, the
proposed Plan was transmitted to the City Council.
7. The City Council approved the Plan for submission to the
Metropolitan Council for review pursuant to Minnesota StaWes $473.175 on
December 29, 1980. The Metropolitan Council reviewed and adopted the Plan ,
m October 8, 1981.
8. The Council adopted the Plan pursuant to Minnesota Statutes
$473.864 and $462.355, on December 21, 1981, at a public hearing, a notice
of the time, place and purpose of which was published in the official
newspaper of the City at least ten days prior to the day of the hearing.
9. The Plan contains, in part, the following objectives which are
incorporated in and intended to be implemented by the Ordinance:
A. To -maintain, protect and enhance single family
detached dwelling neighborhood as the dartinant land
use.
B . To 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 developent.
C. To control the use, developent 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.
D. To encourage a mre creative and imaginative
approach to the developent of multi-family develop-
mnts .
E. To provide an enjoyable 1ivii-q envirorment 'by
preserving existing topography, vegetation, streams,
water bodies and other na-tural land and water forms.
F. To encourage mixed use developnts vihich (i)
provide housing for persons of low and mderate
'- 2 -
n 5
income ; (ii include recreational facilities and
parks ; (iii hamniously integrate residential and
mn-residential uses; (iv) encourage the increased
use of mss transit; and (v) reduce employment-rela-
ted autmbile trips.
G. To encourage orderly development, use and minten-
ance of office, carmercidl and industrial uses which
are compatible with the residential character of the
m2L-
H. To recognize and distinguish commercial districts at
the neighborhood level, the comity level and the
regional level, so as to provide retail establish-
ments cchnpatible in use and scale with surrounding
properties, especially those used for residential
purposes.
I. To establish requirements for parking and loading to
minimize impacts on public streets arid surrounding
properties.
J. To establish standards for landscaping and screening
to contribute to the beauty of the comity, add to
the urban ,forest and buffer incmpatible uses from
one another.
K. To preserve buildings, lands, areas and districts ~ ~-
which possess historical or architectural signifi-
cance.
L. To 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.
M. To allow interim uses of closed public school
hi ldings .
B. Use of Planned Districts
1. The Ordinance proposes the use of a flplannedfl district
approach fob the Planned Residence District, Mixed Developnt District,
Planned Office District, Planned Commercial District and Regional Medical
District. Such an approach requires the preparation and submission of
general and then specific (using a 2-step methcd) plans and drawings for
approval by the Comnission and Council in connection with a petition for
rezoning.
2. Planned districts encourage a &re creative and imaginative
approach to the development of the planned uses. Such districts provide a
-3-
mre enjoyable living and working enviroment by encouraging the preser-
vation of vegetation, topography, streams, water bodies and other natural
land and water form. r"
3. The use of planned districts promtes and improves public
participation in the zoning process by allowing the review of specific
developments plans and, thereby, permitting a mre realistic evaluation of
the effect of a particular rezoning.
4. The use of planned districts permits the Comnission and
Council to better understand the impact and result of a proposed rezoning
and to seek mdifications of development plans as warranted to safeguard
the public interest.
5. The use of planned districts reduces the likelihood of
speculative rezonings hereby a property owner seeks a rezoning only in an
attempt to add value to property and not with the purpose of realizing a
specific developnent .
6. The City already employs the planned district mthd, and the
Ordinance will only expand that use so that all developents will be
similarly treated.
C. Use of Conditional Use Permits
l. The Ordinance proposes that certain uses previously permitted
by right in the R-l District should now only be allowed in the R-1 District
subject to the grant of -a Conditional Use Permit. (the rrPerrnitrr>. The
Ordinance requires the inswance of a Permit by the Council for mst
mn-residential uses in the R-1 District including churches, schools, civic
and cultural institutions and golf course club houses.
2. Owners of residential property in the R-1 District rely upon
protection afforded by the Ordinance fran the adverse effects of
mn-residential uses. Non-residential uses custanarily permitted in the R-1
District my cause such adverse effects.
3. Due to the fully developed nature of Edina, the growth and
expansion of non-residential uses in the R-1 District my result in the
intensification of such uses in close proximity to residential properties
or the conversion of residential properties to non-residential uses.
4. The Ordinance provides certain findings must be mde by the
Council prior to the issumce of a Permit. The criteria contained in these
findings are designed to safeguard residential uses in the R-1 District
from potential adverse effects of non-residential uses.
5. The Ordinance also proposes Permits for sane retail uses in
the Mixed Development District. This is to ensure that such uses will not
become dominant and will not adversely affect residents of the District.
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6. The Ordinance provides that conditions and restrictions my be
irrposed by the Council in connection with the grant of a Permit to protect
the public interest rmd adjacent properties.
D. Multiple Residential Densities
1. The Ordinance proposes to reduce the rmximun densities in
multiple residential developnents as compared to those permitted by the
previous ordinance. The Ordinance contains zoning districts permitting
residential densities ranging from four dwelling units per acre to 31
dwelling units per acre for conventional developnts, and up to 43.5
dwelling units per acre for buildings desighed for senior citizens.
2. The density ranges permitted by the Ordinance are similar,
with few exceptions, to the densities of multiple residential buildings
which now exist in the City, even though such existing developnts could
have been developed, under the then zoning ordinance, with a greater
density. These density ranges also permit the construction of new multiple
residential buildings which are similar in use and scale with existing
buildings in the same zoning district.
3. The proposed density ranges further the Plan's goal of
maintaining and protecting single family detached dwellings as the City's
dominant land use, and further the policies of the Council adopted in 1975
which, frcm that time, have guided rezonings for multiple residential uses.
4. Thou@ some already developed multi-residential properties
have a density in excess of that allowed by the Ordinance, they will be
allowed to continue as non-conforming uses under the Ordinance.
E. Rezoning of Specific Properties
1. TWO properties in the City are presently zoned ~3 Cmercial
District. Both properties are proposed ko be zoned POD, Planned Office
District, by the Ordinance. The first property is located in the northwest
guadrant of West 66th Street and Xerxes Avenue and is kmwn as the Titus
Building. The second property is located west of France Avenue and south
of West 66th Street and is known as Southdale Office Center.In addition to
the published and miled notice, City staff telephohed the owners or
representatives of the owners of both proprties, advised them of the
proposed rezoning, solicited their comments and invited their attendance
at the public hearings. No objections were received by City.
(a) Facts applicable to both the Titus Building and Southdale Office
Center properties :
(i) Both properties, though allowed to be developed
with ccmnercial uses, were developed with the
office buildings now existing on the properties;
(ii) the Plan proposes no comnercial uses west of
France Avenue or north of West 66th Street
except for those areas already developed with
carrnercial uses;
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- properties north of West 77th Street and west of
Parklawn Avenue;
- properties described as 7550, 7600 and 7700 France
Avenue South.
In addition to the published and mailed mtice, City staff telephoned the
owners or representatives of the omers of each of the properties, advised
t%em of the proposed rezoning, solicited their coments and invited their
attendance at the public hearings. No objections were received by City.
\
. (a) All of the above properties though allowed to be
developed with industrial uses were developed with
the office buildings now existing on the proper-
ties.
(b) l%e Plan designates all of the above properties for
office uses rather than industrial uses.
(c) Some of the properties mre closely conform to the
requirements of the POD sectia than the PILI
section of the Ordinance.
3. Three vacant properties in the City are presently zoned R-3
or R-4 Multiple Residence District, and are proposed to be rezoned by the
Ordinance. These properties include:
- the Kenneth property at Lincoln Drive 5nd West 7th
Street is presently zoned R-4 and R-2 and is proposed
to be rezoned to PRD-3.
- the Hansen property at West 7th Street and County
Road 18 is presently zoned R-4 and R-3 and is,
proposed to be rezoned to POD-1 and R-1.
- the Everson property west of Cahill Road and south of
West 70th Street is presently zoned R-3 and is
proposed to be rezoned to PRD-3.
(a) Facts Applicable to the Kenneth Property:
(i) The Kenneth property is composed of two lots
measuring 6.75 acres which are presently zoned
R-4. Adjoining this property are 20 lots which
are presently zoned R-2. The Ordinance proposes
to rezone the R-4 lots and the R-2 lots to PRD-3.
(ii) The rezoning of the R-4 lots to PRD-3 conform
with the Plan's designation of the property as
Medium Density Residential.
I
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(iii) the Plan designates both properties for Office
uses; and
(iv) both properties separate residential uses from
commercial uses.
(b) Additional facts applicable to the Titus Building:
(i) The Minnesota supreme court in Pearce v. Village
of Edina, 263 Minn. 553, 118 N.W.2d 659 (1962),
an office district was discriminatory and
directed the Village (now City) of Edina to
allow use of this property for comnunity store
purposes. Therefore, the property was placed in
what is llow called the C-2 District.
. held that placing the Titus Building property in
(ii) The Court, in reaching its decision that office
zoning was discriminatory, emphasized these
facts: (a) the property was dmst completely
surrounded by cmercial properties and was !'a
peninsula in the cmercial area"; (b) the
underlying reason for the office zoning was to
prevent additional competition for the other
carmercial properties in the area; and (c)
Edina's policy of not extending comnercial use
north of West 66th Street had been abandoned by
establishment of a commercial zone oorth of West
66th Street (at that tim the present Point of
France property was in a cmercial zone).
(iii) In addition to the facts contained in subpara-
graph (ii) abve, the following facts and
circmtances have changed since the Court's
decisim: (a) there are rmw no properties north
. of West 66th Street zoned C-3 Cmercial
District except this property; (b) properties m
bth sides of this property &e zoned, and will
remain zoned, for office uses, and are developed
with office uses; and (c) the properties mrth
of this property are used for residential
purposes and office uses provides a buffer
between such residential uses and the cmercial
areas south of West 66th Street.
2. Several properties in the City are presently zoned PID,
Planned Industrial District, and are proposed to be zoned POD, Planned
Office District, by the Ordinance. These properties include:
- properties south of West 77th Street and west of
Cmputer Avenue;
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t. .
t;O PFD-3 conforms with the Plan's designationzmd
does not materially affect the use or density of
the property.
(iii) The proper@ adjoins property on the north, west
and south that is presently zoned PRD-3.
4. Numerous properties in the City are presently zoned Office
Building District, Cmercial District and Multiple Residential District.
The Ordinance proposes to rezone all such properties to Planned Office
District, Planned Cmercial District and Planned Residential District, as
the case may be. The particular subdistrict to which each propem is
zoned (e.g. POD-1, POD-2, etc.) depends upon the intensity of development
of the property. The intent of the Ordinance is to: (a) rezone to
subdistricts which conform to the Plan and (b) rezone to make such
properties as conforming as possible with the standards of the Ordinance.
F. Overlav Districts
1. The Ordinance contains two overlay districts, the Heritage
Preservatim Overlay District and the Floodtplain Overlay District.
2. The Heritage Preservation Overlay District is in the existing
City zoning ordinance and is only continued in the Ordinance without any
rraterial changes.
3. The Floodplain Overlay District is mw a separate ordinance,
Ordinance No. 816, and is brought into the Ordinance without mterial
changes, except addition of the mexed Blocmington land. It is made a
part of the Zoning Ordinance because it is mst appropriately in the
Ordinaxe dealing, as it does, with land uses. Also,
will allow easier and mre uniform administration.
G. Amusement Devices
in the Ordinance, it
1. The Ordinance will allow two amusement
district, and unlimited amusement devices in the Pc-2
devices in the Pc-1
and Pc-3 districts.
2. Pc-1 is a neighborhood retail district, PC-2 is comt.rrcn?ity-
wide cmercial, and PG-3 is regional in scope.
3. Presently, there are. a large number of amusement devices in
properties which will be in the PC-2 and PC-3 districts under the
Ordinance, and very few properties which will be in the FC-1 district have
mre than two armlsement devices.
Therefore, based on the foregoing Findings, the Council cbes
hereby mke the fo1,lowing
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c .
(iii) The rezoning of the R-2 property to PRD-3 permits
a mre cmprehensive approach to the overall
planning and development of the Kenneth property,
including possible clustering of development at
the north end of the property and the elimination
of the lmg cul-de-sac through the R-2 property.
(iv) The density allowed by PRD-3 is similar to that
developed on the property immediately north of
the property even though that property could have
been developed, under the then zoning ordinance,
with a greater density.
(v) The density allowed by PFD-3 is similar to that
of almst all other multi-residential properties
developed in western Edina.
(b) Facts Applicable to the Hansen Property:
(i) That portion of the Hansen property lying west of
Lincoln Drive is proposed to be rezoned to POD-1.
That portion lying east of Lincoln Drive and
presently zoned R-3 is proposed to be rezoned to
R-1 .
(ii) The property proposed for POD-1 rezoning is
presently zoned in part R-4, multi-residential
use, and in part 0-1, office use, and designated
by the Plan for Mixed Uses. Office uses are
considered to be a proper use for such areas.
This property is located directly across the
' street from a similar property Mlhich is presently
zoned POD-1 and developed with office uses.
Office uses on this property provides a buffer
between the freeway interchange and multiple
residential uses to the south.
(iii) The property proposed for 'R-1 rezoning is
presently zoned R-3, multi-residential , and is
designated Low Density Attached Residential by
the Plan. This property adjoins property to the
south which is zoned R-1, and is-.located across
the street frm a public park which is zoned R-1.
(c) Facts Applicable to the Everson Property:
(i) The Everson property is proposed to be rezoned
frcm R-3, multi-residential, to PRD-3.
(ii) The Everson property is designated by the Plan
for Medium Density Residential Uses. The rezoning
-8-
DECISION :
Edina Ordinance No. 825, the "Zoning Ordinance," including the
accqanying maps referred to therein, as attached hereto, are hereby
adopted as the zoning ordinance of the City.
The above Decision is mde for the following
REASONS :
A. The Ordinance substantially conforms -to and implements the
Plan which was duly adopted pursuant to the Act, which conformance and
inplementation is required by the Act.
B. The use of planned districts as required by the Ordinance
provides an improved process for transferring land to another zoning
district which will result in a better living and working environment by
providing for review of specific developnent plans, will allow a more
realistic evaluation of the effect of a particular rezoning and a more
meaningful participation in the planning process by all affected parties,
will promote public participation in the planning process, will reduce
speculative rezonings and will expand to all zoning districts a planning
process now employed in rmst zoning districts in the City.
C. The use of conditional use permits for certain non-residen-
tial uses in the R-1 District is nwessary and desirable to protect a
significant investment in the R-1 District vhile, at the same time,
allowhg suitable uses under such conditions as .my be necessary to
protect adjacent properties.
D. The ranges of multiple residential densities permitted by the
Ordinance (i) are consistent with the Plan, (ii) are reasonable and
similar to the densities of rmst dtiple residential buildings heretofore
constructed in the City in the respective zoning districts, (iii) further
long statding policies of the Council to reduce densities, ahd (iv) will
allow multi-fdly housing offering a wide range of housing choice and
density.
E. The rezonings of specific properties are reasonable and
proper because :
1.
2.
The rezonings substantially conform to the Plan.
Those properties proposed to be rezoned to POD,
Planned Office District from either C-3 Ccmnercial
District or PID, Planned Industrial District, have
in fact been developed with office buildings and are
used for office purposes, ana, therefore, are most
appropriately zoned POD. Also such uses are consis-
tent with surrounding uses and with the Plan. .
- 10 -
3. The Hansen property proposed to be rezoned to POD
frcm R-4 and 0-1 adjoins a property developed with
office uses, fronts on a himway interchange, and
will buffer residential properties to the south and
east.
4. The Hansen property to be rezoned R-1 from R-3
adjoins R-1 property and is across the street frcm a
public park which is zoned R-1.
5. The Everson property proposed to be rezoned from R-3
to PRD-3 will not be mterially affected by the
rezoniq and adjoins similarly zoned property cn the
north, west and south.
6. The Kenneth property proposed to be rezoned from R-4
to PRD-3 and from R-2 to PRD-3 will give a
developnt potential similar to that already
developed by Kenneth on property immediately north
of this property, and similar to that of other
multi-residential properties developed in Western
Edina; will allow better planning of the overall
site; and will allow clustering at the north end of
the site and shortening a long cul-de-sac.
F. The Ordinance provisions on amusement devices are reasonable
and proper because it is desirable to maintain the distinctim between
PC-1 and the other corranercial districts and because:.
1. In PC-1 areas (up to two are allowed):
(a) small neighborhd-related retail uses are allmed,
closely linked physically to residential property;
(b) the retail uses are usually mal1 operations,
therefore likely to have less supervisim and
potential for greater conflicts with neighborhood;
(c) my such devices are mre likely to attract
unsupervised minors and lead to noise and nuisances
adverse to residences, and my destroy the mall
retail neighborhood atmspb?ere of E-1 ;
(d) businesses are served by small parking areas and
streets, and therefore many such machines my lead
to congestion. .
2. In PC-2 and PC-3 areas (unlimited number are allowed):
(a> community and regional shopping centers are allowed
which my have other forms of amusement such as
bowling alleys and pol halls. Therefore, amusemt
devices fit with such omer uses;
- 11 -
(b) there are usually larger operators hich can
provide adeqwh supervision of the amusement area;
(c) there is adequate parking and traffic distribution
via main roads which will avoid cmFstion;
(d) large numbers already exist and have not resulted
in my health, safety or welfare problems;
(e) they are not in close physical proximity to
residential property and, therefore, there is less
potential for neighborhood conflicts.
- 12 -
c t s
EXHIBIT C to
Minutes- of 3/5/84
( OFF I c I AL PU BL I CAT I ON
CITY OF EDINA
4801 W. 50TH STREET
EDINA, MN 55424
EDINA ORDINANCE NO. 825, THE ZONING ORDINANCE
SUMMARY PUBLICATION
On March 5, 1984, the City Council of the City of Edina, duly adopted Edina
Ordinance No. 825, the Zoning Ordinance, which is a comprehensive revision of
the City of Edina's existing zoning ordinance. The City Council has determined
that publication of the title of the ordinance and the following summary of the
ordinance will clearly inform the public of the intent and effect of the ordin-
ance and has directed that only the title, such summary and maps, together with
the following notice be published. Such publication and notice will fu'lfill all
legal requirements for ordinance publication.
complete text of the ordinance is on file at the office of the Edina City Clerk
and the Edina Planning Department, 4801 W. 50th Street, and is available for
inspection by any person between 8:OO a.m. and 4:30 p.m. Monday through Friday.
c
Notice: a printed copy of the
EDINA ORDINANCE NO. 825 8
AN ORDINANCE DIVIDING THE CITY OF EDINA INTO DISTRICTS
AND ESTABLISHING STANDARDS AND PROCEDURES REGULATING THE
USES , INTENSITY OF DEVELOPMENT , LOCATION, ARRANGEMENT,
SIZE AND HEIGHT OF BUILDINGS AND STRUCTURES IN EACH
DISTRICT, CREATING A BOARD OF APPEALS AND ADJUSTMENTS,
PROVIDING FOR HERITAGE PRESERVATION, CONTROLLING THE
USE OF AND DEVELOPMENT IN FLOODPLAINS, PRESCRIBING A
PENALTY, AND REPEALING CITY ORDINANCES NO. 811 AND 816,
FOR THE PURPOSE OF PROMOTING HEALTH, SAFETY AND GENERAL
WELFARE OF THE RESIDENTS OF THE CITY.
Section 1. Findings, Purpose and Objectives. This section explains the pur-
pose of the ordinance and describes the goals and objectives of the City of Edina
Comprehensive Plan which the ordinance implements.
Sec. 2.
Sec. 3. Rules of Construction; Interpretation; Severability; Definitions. This
Short Title. The short title of the ordinance is the "Zoning Ordinance."
section provides rules to be used in construing the meaning of the ordinance and
its legal interpretation. It also defines words and terms whose meaninqs must be
clearly understood in order to apply specific standards , restrictions, and require-
ments of the ordinance. I
2
See. 4. Administration and Procedures. This section provides procedures con-
cerning variances and appeals , rezonings and conditional use permits, and the
transfer of properties to planned districts by this ordinance including notifi-
cation requirements, application or petition requirements, and procedures for
hearing and decision by the City .
plans. This section also provides requirements for fees and charges for appli-
cations or petitions and provides penalties and remedies for violations of the
ordi nance.
and the approval of specific development
Sec. 5. Districts. The ordinance divides the City into the following zoning
districts
Single Dwelling Unit District (R-1)
Double Dwelling Unit District (R-2)
P1 anned Resi dence Dis tri cts (PRD and PSR)
Mixed Development Districts(MDD)
Planned Office Districts(P0D)
Planned Commercial Districts (PCD)
Planned Industrial District (PID)
Regional Medical District (RMD)
Automobile Parking District (APD)
Heritage Preservation Overlay District (HPD)
Floodplain Overlay District (FD)
c
Sec. 6. District Boundaries. This section provides that boundaries of zoning
districts will be shown in the Official Zoning Map on file in the City Hall, a
composite copy of which, reduced in size, is appended to the ordinance. The
Official Zoning Map is adopted by reference and declared to be a part of the
ordinance.
amendment to the ordinance. The Floodplain Overlay District is shown on the Official
Floodplain Zoning Map on file in the City Hall. Sec. 7. General Requirements Applicable to All Districts. This section provides
requirements applicable in most cases to a17 zoning districts.
udes requirements for trash storage, dwelling units in accessory buildings, customary home occupations,.fences, exceptions to setback requirements, drainage,
architectural control, building coverage exclusions and inclusions, lighting,
frontage of lots, tent and trailer sales , platting requirement, drive-through
facilities, district limits, temporary buildings, outdoor storage, setbacks from
1 akes and energy col1 ection systems. This section also provides requi rements
pertaining to non-conforming uses, buildings and lots and provides standards as
to their use, enlargements, and alterations thereto. -This section also provides
standards for the relocation. of buildings and the construction of public utility
bui 1 dings and structures.
of parking spaces required for various uses.
setback, and design standards for off-street parking areas.
requirements for the proper circulation of vehicles within parking areas, the
relationship of such parking and circulation areas to public streets, and the
review of traffic circulation plans by the City Engineer.
The boundaries shown on the Official Zoning Map may be changed by
This section incl-
Sec. 8. Parking and Circulation. This section establishes the number
This section provides
It also establishes location and
3
Sec. 9. Loading Facilities. This section provides requirements
for the quantity and design of loading facilities for various non-residential
uses.
Sec. 10. Landscaping and Screening. This section provides requirements for the
submission of landscaping plans in connection with the improvement of most proper-
ties except single dwelling unit and double dwelling unit lots. . The section
contains minimum standards as to the size and number of plant materials required
and prohibits certain species.
screened from view frcm other uses, such as certain non-residential buildings and
parking areas. The section also prescribes standards to insure the effectiveness
of the screening.
The section also identifies uses which must be
Requirements for Specific Zoning Districts
The ordinance provides in Section 11 through Section 19 specific requirements per-
taining to each zoning district. These sections provide allowed Principal uses, accessory uses , conditional uses , interim uses , requirements for lot areas, and
dimensions, allowed density, requirements for building coverage, setbacks, and
height, and other special requirements.
Sec. 11. Single Dwelling Unit District (R-1).
Single dwelling unit buildings
Parks
Major Principal Uses
Major Conditional Uses
Churches
Schools
Civic and Cultural Inst
Golf C1 ub Houses
Interim Uses
Certain schools and off
school buildings.
tutions
ces only in closed pub ic
Major Lot Requirements
Single dwelling unit lot
Minimum area 9000 square feet
Minimum width 75 feet
Minimum depth 120 feet , -
Major Requirements for Buil'ding Coverage, Setbacks and Height
Bui 1 dina Coverage 25%
Minimum'Setbackg for Single Dwelling Units
Front 30
Side Street 15 or 30
Interior side 10
Rear 25
50 feet from all property lines
Minimum Setbacks for Conditional Uses
Height Sinale dwellina units: 24 stories or 3 feet
A1~l"other buildings: 3 stories or 40 feet
4
Special Requirements
A method of computing setback requirements which are
affected by certain circumstances is provided.
An increased building coverage for lots less than
9000 square feet is provided.
Requirements as to decks, patios, and building diniensions
are described.
Sec. 12. Double Dwelling Unit District (R-2).
Principal Uses
Building containing two dwelling units
Minimum Lot Area
15,000 square feet
Minimum Lot Width
90 feet
Major Requirements for Building, Coverage, Setbacks, and Height
Bui 1 ding Coverage: 25% Setbacks
Front 30 feet Side Street
Interior Side 10 feet
Rear 35 feet
15 or 30 feet
Special Requirements
A method of computing setback requirements which are affected by
certain Circumstances is provided. !
Requirements for subdivision of R-2 lots are provided.
Minimum building dimensions are provided.
Sec. 13. Planned Residential District (PRD, PSR) -
Major Pri nci pal Uses
PRD- 1 - Uses allowed in the R-1 District and townhouses c.
/ . ....---+ PRD-2 - Building with six or fewer units PRD-3 and 4- All residential buildings
PRD-5 - Nursing Homes PSR 3-4 - Senior Citizen dwellings
Dens i ty
The ordinance provides base densities for each subdistrict
and provides a system of density allowances whereby the density of
a particular property may be increased.
5
Building Coverage, Setbacks, and Height
Building Coverage
PRD-1,2 25%
PRD-3,4, PSR-3 30%
PRD-5, PSR-4 35%
Setbacks
Interior
Front Si de Si de Rear
Street Yard Street Yard
PRD- 1 30 ' 20 ' 30' 25 I
PRD-2 30' 20 ' 30 ' 35 '
PRD-3 35' 20 I 35' 35'
PRD-4, 5 35' 35 ' 35' 35
PRD 3, 4 35' 20 I 35 I 35'
Height
c
PRD-1, 2 2% stories or 30 feet, whichever is less
PRD-3 3 stories PRD-4, 5 No maximum. Height is determined by required
setbacks.
PSR-3 3 stories
PSR-4 No maximum. Height is determined by required setbacks.
Usable Lot Area
A minimum amount of outdoor living space per dwelling unit
is required.
Special Requirements
Minimum sizes for dwelling units are provided.
Requirements for efficiency dwell i ng units , nwnber of townhouses ,
sewer and water connections , exterior treatment of accessory build-
ings, community facilities in PSR-3 and PSR-4, and minimum distances
from four story plus buildings to R-1 Districts are provided.
Sec. 14. Mixed Development District
Major Principal Uses
Buildings with 10 or more dwelling units
Off i ces
Civic and Cultural Institutions
Conditional Uses
Some accessory commeri cal uses
Density
The allowed residential density is1 determined by increasing
an allowed base density by density allowances which are specified
by this section.
by the,number of residential units permitted by this section.
The allowed non-residential density is determined
6
*
Requirements for Building Coverage, Setback & Height
Bui 1 ding coverage: 30%
Floor area ration: 0.5
Sec. 15.
Setbacks
Interior
Front Si de Si de Rear Street Yard Street - Yard
1 35 I 20 ' 35' 35 35' 35 I 35' 35 ' MD-3
MD-4
MD-5 50' 50 I 50 I 50 '
MD-3: 3 stories
MD-4: 4 stories MD-5: No maximum; height determined by setbacks
Special Requirements
area, ownership of the tract, development schedules, conditional
uses, and skyways.
This section contains requirements pertaining to minimum tract
Planned Office District (POD)
Major Pri nci pal Uses
Offices, banks, medical and dental clinics
Clubs, lodge halls
Athletic, health, and weight reduction facilities
Employment agencies and travel bureaus
Requirements for Building Coverage, Setbacks and Height
Bu i 1 di ng Coverage : 30%
Floor Area Ratio: 0.5 Interior
Front Si de Si de Rear
Street Street Yard Yard
35'" 35'" 20'" 20'" *or the building height if greater
Height
POD-1: Four stories
POD-2: No maximum; height determined by setbacks
c
7
Special Requirements
This section provides requirements for determinimg increased
setbacks due to proximity to other zoning districts, proximity of
office buildings to the R-1 District, and building design and
construction i ncl uding a1 1 owed buil ding materials.
Sec. 16. Planned Commercial District (PCD)
Major Principal Uses
. Retailing
Offices
Retail services, including gas stations
Banks
Restaurants
Schools
Requirements for Bui 1 ding Coverage , Setbacks, and Height
Floor Area Ratio
PC- 1 1.0
PC-2 1.5
PC-3 0.5
PC-4 0.3
Setbacks Inter i or Front Si de Si de Rear
Street
PC- 1 35'"
PC-2 35'"
PC-3 50'"
PC-4: Gas stations35' '
All other uses 45'
Street Yard Yard
25'" 25'" 25'"
25'" 25'" 25'*
50' * 50'" 50'"
25 ' 25' 25 '
25 ' 45 I 25'
*or the building height
Height
PC- 1 Two stories
PC-2 Four s tori es
PC-3 No maximum; he
PC-4 One story
if greater.
ght is determined by setbacAs
Spbcial Requirements
This section provides requirements for determining increased or
decreased setbacks due to various -ci rcumstances, proximity of commer-
cial buildings to the R-1 District, storage and product display re-
quirements, minimum building size, outdoor, trailer or tent sales ,
building design and construction, performance standards for uses,
maximum business establishment size in PC-1, prohibition of drive in
uses, and standards for gas stations and car washes.
.
"4
I
8
I
8
Sec. 17. Planned Industrial District (PID)
Major Principal Uses
Offices
Warehousing
Manufacturing
Scientific Research
Printing Shops
Business machine sales
Animal hospitals
Requirements for Building Coverage, Setback and Height
Tract Area: 10 acres
Lot Area: Two acres
Minimum Building Area: 10,000 sq. feet
Building Coverage: 30% - 45% Depending on lot area
Floor Area Ratio: 0.5
Setbacks Interior
Front Si de Si de Rear
Street Street Yard Yard
50'" 50'* 20'" 20'"
*- or the building height if greater.
Heiqht: Four stories or 50 feet
Special Requirements
due to proximity to other zoning districts, temporary retail
sales, building design and construction including allowed building
materials, restrictions concerning noise, vibration, dust, smoke,
odor, glare and wastes, and standards for mini storage warehouses.
This section provides requirements as to increased setbacks
Sec. 18. Regional Medical District (RMD)
Major Principal Uses
Hospital s
Clinics
Laboratories
Requirements for Building Coverage, Setbacks and Height
Floor Area ''Ratio: 1
Setbacks
9
Hei gh t :
Interior Front Side Si de Rear Street Street Yard Yard
35'* 35'* . 20'" 20'"
*or the building height if greater.
No maximum; height determined by setbacks
Minimum tract area: 10 acres
Speci a1 Requirements
c
This secion provides that all uses in the RMD shall comply with
the requirements of the POD and the standards for residual features
of the PID.
Sec. 19. Automobile Parking District
Pri nci pal Uses
Parking lots
Parking ramps and garages
Drive through banks
Setbacks
Parking Lots.
Interior Front Si de Si de Rear Street Street Yard . Yard
20' 20' 10 ' 10 '
Parking Ramps, Garages and Other Structures.
Interior Front Si de Side Rear Street Street Yard Yard
35'" 35' * 20'" 20'*
*or the building height if greater.
Speci a1 Requirements
This section provides for increased setbacks due to
proximity to other zoning districts.
1
Sec. 20.
for a zon'
si qni f i car I zoning of
It also pr
moving or
applying 1
the Build<
hearing
provi ded.
Sec. 21.
district 1
in such fi the basic
pertaining
identify 1
This secti
ment of fl
mits are
devel opmer
resources!
Watershed
tures in t e This secti
i n f orma t i c Provisions
Sec. 22.
in their c
Sec. 23.
catim of
Edina Corn
ATTEST : -
Please ser
Please put
Heritage Preservation Overlay District (HPD). This section provides
g district to protect buildinqs and land with historical or architectural e.
he property. This section- provides a procedure for establishing an HPD.
vides a permit requirement prior to undertaking work such as remodeling,
estroying a building in the HPD. A procedure is also provided for r and issuing such permits. The section provides for the authority of
g Official to order repairs to building in the HPD and a process for
eals from such orders.
This district is an overlay district and does not change the basic
A penalty for disregarding such orders is also
Floodplain Overlay District (FD).
protect floodplains located in the City and to requlate develoments
This section provides for a zoning
ohplains. This district is an overla
oning of the property. to floodplain management. A floodpla
e location of floodplains in the City
This section
n provides a process for applying for
odplain lands. Standards and condit
'histrict and does not change
efines a number of technical terms n zoning map and profiles which
are included in the ordinance.
*
and issuing permits for the develop- ons for the issuance of such per-
ovided including the dedication of land along creeks, the effect of'
limits on filling restrictions on sewage systems, and review by the
istricts.
9 F.D. and regulates the subdivision of F.D. properties.
on flood elevations, right of passage, adverse effects on natural
The section also requires minimum elevation for new struc-
n provides for the administrat
necessary for permit applicat
for nonconforming buildings or
Repealer. . City Ordinance No.
tirety effective as of the dat
on of the section, describes the type of on, and provides a variance procedure.
structures are also included.
811 and No. 816 are hereby repeal$
.
this ordinance becomes effective;::,
.I
Effective Date; Publication. This ordinance is effective upon publi-
his summary. A .copy of this ordinance with maps is posted at the nity Library, 4701 W. 50th Street, Edina, MN. ,. . .
CITY OF EDINA
BY Mayor
1 erk
two (2) affidavits of publication.
ish in Edina Sun Wed.. March 7, 1984.
MINUTES
OF THE REGULAR EEETING OF THE
EDINA CITY COUNCIL HELD AT CITY HALL
FEBRUARY 27, 1984
Answering rollcall were Members Bredesen, Richards, Schmidt, Turner and Mayor
Courtney.
EDINA VOLUNTEER FIREFIGHTERS COMMENDED. Mr. Rosland advised that the Volunteer
Firefighter Program was begun in the spring of 1981 to provide backup manpower to
the Fire Department.
to an average of 250 hours of calls-per man, either by general alarm cr by standby
callback.
included outside schooling and in-house training.
Terry Kehoe, Assistant Fire Chief, who is director of the Volunteer Firefighter
Program and the following Volunteer Firefighters and presented each with a silver
pen bearing the Edina Logo in appreciation for their service to the City: Greg
Bretson, Larry Friedrichs, Steve Hatzung, Tom Jenson, Steve Nelson, Bob Prestrud,
Jerry Reisschneider, Dan Scheerer, John Scheerer, Marty Scheerer, John Senior, Mike
Wech and Ray Wolff. Members of the Council joined in commending the volunteers and
in thanking them.
I During the year of 1983, the Volunteer Firefighters responded
They also attended an average of 75 hours of training per man which
Mr. Rosland then introduced
PUBLIC HEARING CONCLUDED; IMPROVEMENT BA-137 A & B ORDERED. Engineer Hoffman recalled
that the public hearing on the proposed Improvement P-BA-137 A & B for construction
of permanent street surfacing with concrete curb and gutter and sidewalk on Hansen
Road from Vernon Avenue to W. 60th Street has been continued from the meeting of
January 16, 1984. At that meeting the Council had directed staff to take a poll of
the residents on Hansen Road with regard to the roadway width and sidewalk, and had
referred the matter of a stop sign at Grove Street and Hansen Road to 'the Traffic
Safety Committee for their recommendation.
proposed project noting that the portion of Hansen Road north of Benton Avenue is con-
sidered a collector street and would qualify for State Aid funds and is proposed to be
built 36 feet wide with no parking on the East side.
would be built 30 feet wide using local funds.
adjacent to the'curb would be constructed on the West side of the roadway.
by Council, plans would have to be submitted to the Minnesota Department of Transporz-
ation for approval, a grading permit would be required from Nine Mile Creek Watershed
District and an agreement would have to be reached with the So0 Line Railroad regarding
the crossing.
family units and $574.00 per unit for multi-units for Hansen Road from Vernon Avenue
to Benton Avenue. The estimated amount to be assessed would be approximately $38.00
per foot for Hansen Road from Benton Avenue to W. 60th Street. Mr. Hoffman advised
that, as directed by the Council, a questionnaire had been sent to the residents
asking them to submit their opinion as to street widths as related to State Aid fund-
ing and as to need for sidewalk. He indicated that to date responses have been
received from approximately 60% of the residents who stated that if the project was 1
approved State Aid funds should be used. for the project. The survey results were:
12 preferred 36 foot width with two driving lanes and one parking lane on the West
side, 11 preferred 32 foot width with two driving lanes and no parking either side,
and 4 totally objected to the project or had no opinion. Regarding the sidewalk
issue, the majority favored a sidewalk on the West side. Nr. Hoffman pointed out that if State Aid funds were also used for the portion of the project from Benton Avenue
to W. 60th Street that the estimated cost per assessable foot would be $20.00. Staff
would therefore recommend that Hansen Road from Vernon Avenue to Benton Avenue be
constructed to the 36 foot width and from Benton Avenue to 60th Street to the 32 foot
width, using State Aid funds, with sidewalk on the West side. Mr. Hoffman informed
the Council that the matter of a stop sign at Grove Street and Hansen Road had been
considered by the Traffic Safety Committee on February 21, 1984, and the Committee
recommended denial of the request based on 1) lack of warrants required for stop sign
installation, 2) lack of accident history, 3) speeds reported were typical to other
collector roadways, 4) installation of the requested sign would be inconsistent with
other similar intersections, and 5) the fact that there is a stop sign one block South.
John Ward, 5916 Hansen Road, stated he favored a 32 foot width utilizing State Aid
funds and that he did not consider a parking lane to be an issue. Christian Ries,
5800 Hansen Road, stated his preference would be a 32 foot wide roadway without a
sidewalk. Jay Addy, 5801 Hansen Road, voiced his concern regarding the distance
of the proposed roadway to some of the homes and urged the Council to consider a
32 foot roadway. No further comments being heard from the public, Member Turner
offered the following resolution and moved its adoption:
BE IT RESOLVED by the Council of the City of Edina, Minnesota, that this Council
heretofore caused notice of hearing to be duly published and mailed to owners of
each parcel within the area proposed to be assessed on the following proposed
improvements :
Mr. Hoffman then reviewed the original
The portion South of Benton Avenue
In addition, a concrete sidewalk I If approved
The estimated amount to be assessed would be $20.00 per foot/single
I
RESOLUTION ORDERING IMPROVEEfENT NO. BA-137 A & B
2/27/84
209
1. CONSTRUCTION OF PERMANENT STREET SURFACING WITH CONCRETE CURB AND GUTTER AND
Hansen Road from Vernon Avenue to Benton Avenue CONSTRUCTION OF PERMANENT STmET SURFACING WITH CONCRETE CURB AND GUTTER AND
SIDEWALK IMPROVEMENT NO. BA-137B IN THE FOLLOWING:
Hansen Road-from Benton Avenue to W. 60th Street
SIDEWALK IMPROVEMENT NO. BA-137A IN THE FOLLOWING:
2.
and at the hearing held at the'time and place specified in said notice, the Council
has duly considered the views of all persons interested, and being fully advised of
the pertinent facts, does hereby determine to proceed with the construction of said
improvements as described in the published notices of said hearing except that with
respect to Improvement No. BA-137BY the roadway shall be 32 feet wide, including
all proceedings which may be necessary in eminent domain for the acquisition of
necessary easements and rights for contruction and maintenance of such improvement;
that said improvements are hereby designated and shall be referred to in all sub-
sequent proceedings as follows:
No. 1 Above
No. 2 Above
PERMANENT STREET SURFACING WITH CONCRETE CURB AND GUTTER AND
SIDEWALK IMPROVEMENT NO. BA-137A
PERMANENT STREET SURFACING WITH CONCRETE CURB AND GUTTER AND
SIDEWALK IMPROVEMENT NO. BA-137B
and the area to be specially assessed for a portion of the cost of the proposed
improvement for Improvement No. 1 Above shall include Lots 1 thru 3, Block 1,
Warden Acres Berg Replat; Lots 1 thru 3, Block 1, E.V. Klopp's Subdivision, Lots 1
thru 3, Block 1, Emil Erickson Addition, Lots 6, 7, 8 and 9, Garden Park Addition;
Lots 7 thru 9, Block 7, Westchester Knolls Add'n; Lots 13 thru 16, Richmond Hills
.3rd Add'n; Parcel 2100, Section 33, Township 117, Range 21; Lots 11 thru 16, Block 3,
Melody Knolls 6th Add'n; Lots 5 thru 8, Block 1, Towns First Edina Add'n; Lots 7
thru 12, Block 3, Codes Highview Park Add'n. The area to be specially assessed for a
portion of the cost of the proposed improvement No. 2 Above shall include Lots 1
thru 4, Block 1, Theo. Nelson Add'n; Lots 1 and 2, Block 1, Naomi Add'n; Lots 1, 2, 5,
Block 1, Woody Point Add'n; Lot 1, Block 1, Hayden Add'n; Parcel 4700, Section 33,
Township 117, Range 21.
Motion for adoption of the Resolution was seconded by Member Bredesen.
Rollcall :
Ayes: Bredesen, Richards, Schmidt, Turner, Courtney
Resolution adopted.
Member Turner then offered the following resolution and moved its adoption:
RESOLUTION RELATING TO PARKING RESTRICTIONS ON
S.A.P. 120-151-08 (HANSEN ROAD) FROM VERNON AVENUE TO W. 60TH STREET
IN THE CITY OF EDINA, MINNESOTA
WHEREAS, the City of Edina has planned the improvement of MSAS 151 (Hansen Road) from
Vernon Avenue to W. 60th Street, and
WHEREAS, the City of Edina will be expending Municipal State Aid Funds on the improve-
ment of the Street, and
WHEREAS, this improvement does not provide adequate width for parking on both sides
of the street, approval.of the proposed construction as a Municipal State Aid
project must therefore be conditioned upon certain parking restrictions, and
WHEREAS, the extent of these restrictions that would be necessary prerequisite to
the approval of this construction as a Municipal State Aid project in the City of
Edina has been determined;
NOW, THEREFORE, IT IS HEREBY RESOLVED, that the City of Edina shall ban the parking
of motor vehicles on the East side of MSAS 151 (Hansen Road) from Vernon Avenue to
Benton Avenue at all times, and shall ban the parking of motor vehicles on both
sides of MSAS 151 (Hansen Road) from Benton Avenue to W. 60th Street at all times.
Motion for adoption of the resolution was seconded by Member Bredesen.
Rollcall :
Ayes: Bredesen, Richards, Schmidt, Turner, Courtney
Resolution adopted.
VARIOUS PLANNING MATTERS CONTINUED TO MARCH 19, 1984. Mr. Rosland advised that staff
would recommend continuation of the following Planning matters to the meeting of
March 19, 1984:
1) Johnson Building Company - 5212 Vernon Avenue South - Lots 1, 2, 3 & 12, Block 1,
2) Haymaker - Lots 3, 4 & 5, Block 4, Grandview Heights - Final Rezoning - R-1
Grandview Plateau - Overall Plan Amendment - Vernon Hills Condominiums
Single Family Dwelling District to PRD-3 Planned Residence District and Preliminary Plat Approval
3) Kyllo Development - Generally located north of Crosstown Highway and west of Vernon
Court - Final Rezoning - R-1 Single Family Dwelling District to PRD-2 Planned
Residence District and Final Plat Approval of Vernon Court Addition.
Member Bredesen's motion was seconded by Member Richards to continue the Planning
matters (Agenda Items II-A, By C> to the meeting of March 19, 1984.
Ayes: Bredesen, Richards, Schmidt, Turner, Courtney
Motion carried.
SECOND READING OF COMPREHENSIVE ZONING ORDINANCE CONTINUED TO MARCH 5, 1984. Mr. Rosland
recalled that the Comprehensive Zoning Ordinance has been given First Reading at the
2/27/84
.- 210
Council 3Ieeting of February 6, 1984, at which time a number of rezoning issues were
discussed.
prepared which contains minor changes prompted by a final staff review as well as
the comments and recommendations received from the public. Mr. Erickson then
pointed out various zoning changes that are recommended as follows: 1) the Titus
Building from Commercial District to Planned Office District, 2) the Southdale
area properties from Commercial District to Planned Office District, 3) the National
Car property from Planned Industrial District to Planned Office District.
these 'properties .are developed with office .buildings.
the properties involved have been contacted and no objections to the rezoning have
been received.
have no objection to the zoning change of its parcel to Planned Office District
with the understanding that their present uses of the parcel allowed under the
existing zoning will remain permissible. Staff has advised them that the uses they
are concerned with are accessory uses in the Planned Office District and therefore
could continue. Mr. Erickson called Council's attention to an alternate Section 13
Planned Residence District which essentially employs the formulas now in the City
ordinance for R-3 and R-4 Districts, and essentially allows consistency of develop-
ment in those districts. It would also result in considerable reduction of some non-
conformance to properties that already exist.
alternate Section 13.
have been under discussion, the Hansen property located west of Lincoln Drive and
south of West 7th Street, the Everson property on Cahill Road, and the Kenneth pro-
perty, Mr. Erickson advised that discussions have been held with each of the owners.
Because the proposed rezoning of these properties to R-1 District has created some
misunderstandings, staff would now recommend that. these properties be rezoned to
the appropriate zone under the Ordinance.
being rezoned to Planned Office District and would be appropriate because it is
presently proposed under the Comprehensive Plan as mixed development; as Planned
Office District it would be directly across from an existing office building, and
would result in a transition from office to residential.
the property he owns.across the street also be rezoned at this time.
exact use of that property and how it would be developed has not been determined
with any degree of finality and it is recommended that it be rezoned to R-1 District,
being the holding zone as specifically now stated in the Ordinance so that there
would be the ability to move it into an appropriate zone under the Comprehensive
Plan and Zoning Ordinance.
PRD-3 Planned Residence District and should have no substantial effect upon its
development ability. With regard to Mr. Kenneth's properties, presently one site
is zoned R-4 District and some additional lots are zoned R-2 District. Discussions
have been held with Mr. Kenneth and his counsel and .it has .been Iproposed that the
Kenneth property zoned R-4 District be zoned PRD-3 Planned Residence District, that
some of the R-2 District property be zoned PRD-3 directly adjoining the present
R-4 property, and that the long cul de sac be cut off by vacating the road south
of the area to be developed with PRD-3, and the area in there be donated to the
City as an addition to the existing park.
ions have progressed to the point of a draft of an agreement with some minor
details to be worked out relative to the location of the buildings, the location
of the cul de sac and the exact descriptions of the property to be rezoned and to
be donated-to the City.
continue the negotiations with the expectations of bringing back a document for
signature in the next week-and that-the Mayor and City Manager be authorized to
sign the document if it is acceptable to the City staff and Mr. Kenneth's counsel.
In review, Mr. Erickson stated that Council action needed would be: 1) to approve
the changes in the final draft Ordinance, 2) to approve the insertion of the new
Section 13, 3) to approve the rezonings, 4) to authorize the continued negotiations
and execution of the agreement with Mr. Kenneth, and 5) to continue the hearing to
the meeting of March 5, 1984, at which time the Findings, Decisions and Reasons
will be presented together with a Summary Ordinance for approval and publication.
Mayor Courtney then called for comment from the Council and from the public.
comment being heard, Member Turner's motion was seconded by Member Bredesen to
approve the changes as underlined in the final draft Ordinance No. 825.
Attorney Erickson advised that a final draft of the Ordinance has been
ELI of
He stated that the managers..-of
I A letter has been received from National Car Rental stating they
Staff would recommend adoption of the
Regarding the three unimproved residential properties which
-
That would result in the Hansen property
Mr. Hansen has suggested that
However, the
I Mr. Everson's property is recommended to be rezoned to
Mr. Erickson advised that the discuss-
It is recommended that the Council authorize the staff to
I No
*
Rollcall :
Ayes: Bredesen, Richards, Schmidt, Turner, Courtney . Motion carried.
Member Bredesen moved approval of the new Section 13 to Ordinance No. 825. Motion
was seconded by Member Turner who stated that it is consistent with the development
of the City that has taken place to this point and that the densities described in
the revised Section 13 are acceptable to her. Member Richards stated he would not
support the revision because it increases the possibility that the densities will
be greater than what the Council attempted to establish in the 1970's.
Rollcall :
Ayes: Bredesen, Schmidt, Turner, Courtney
Nays : Richards
Motion carried.
(.
21271 84
211
Member Bredesen moved approval of the rezonings from Commercial District and from
Planned Industrial District to Planned Office District as identified in these
Minutes, approval of the rezonings for the Hansen property and the Everson property,
and approval of continued negotiations and execution of an agreement by-the Mayor
and City Manager with FIX. Kenneth, contingent upon Second Reading and adoption of
the Zoning Ordinance. Motion was seconded by Member Turner.
Rollcall :
Ayes: Bredesen, Schmidt, Turner, Courtney
Nays: Richards
I Motion carried.
Member Bredesen moved that the hearing on the Zoning Ordinance be continued to the
Council Meeting of March 5, 1984, and that Staff be directed to bring back Findings,
Decisions and Reasons for adoption of the Zoning Ordinance, together with a Summary
Ordinance for approval and publication. Motion was seconded by Member Turner.
Ayes: Bredesen, Richards, Schmidt, Turner, Courtney
BID AWARDED FOR 14 HP TOR0 SAND PRO. Mr. Rosland presented tabulation of bids for
a 14 HP Tor0 Sand Pro with standard rake kit, showing Tri State Tor0 at $5,995.00
and Minnesota Toro, low bidder, at $5,400.00. Member Turner's motion was seconded
by Member Bredesen for award of bid to recommended low bidder Minnesota Toro.
Ayes: Bredesen, Richards, Schmidt, Turner, Courtney d- Motion carried.
BID AWARDED FOR CUSHMAN SCOOTER/BRAEW BASEBALL COMPLEX. Mr. Rosland presented
tabulation of bids for one Cushman Scodter for Braemar baseball complex, showing
Cushman Motor Company, Inc. at $6,679.85 and Horst Distributing, Inc. at $7,427.50.
Member Turner's motion was seconded by Member Bredesen for award of bid to recom-
mended low bidder Cushman Motor Company, Inc.
aa
c')
Ayes: Bredesen, Richards, Schmidt, Turner, Courtney
Motion carried.
a
BID AWARDED FOR CHLORINATOR UNITS FOR FIVE WELL SITES. Mr. Rosland presented tabula-
tion of bids for chlorinator units for five well sites, showing Tonka Equipment
Company at $6,165.00, Wallace & Tieman Pennwalt at $7,365.00, and Northwestern
Power Equipment Company at $7,375.00. Member Bredesen's motion was seconded by
Member Turner for award of bid to recommended low bidder Tonka Equipment Company.
Ayes: Bredesen, Richards, Schmidt, Tumer, Courtney
Motion carried.
BID AWARDED FOR SEALING ASBESTOS FIREPROOFING IN YORKDALE LIQUOR STORE.
presented tabulation of bids for sealing asbestos fireproofing in the Yorkdale Liquor
Store, showing Insul Spray Coatings, Inc. at $7,900.00 and Peak Construction at
$13,675.00.
to recommended low bidder Insul Spray Coatings, Inc.
Mr. Rosland
Member Schmidt's motion was seconded by Member Turner for award of bid
Ayes: Bredesen, Richards, Schmidt, Turner, Courtney
Motion carried.
TRAFFIC SAFETY COMMITTEE MINUTES OF FEBRUARY 21, 1984 APPROVED.
motion was seconded by Member Turner to approve the following recommended action as
listed in Section A of the Traffic Safety Committee Minutes of February 21, 1984:
1)
and to acknowledge Sections B and C of the Minutes.
Member Bredesen's
That a "STOP" sign controlling northbound traffic on Jay Place at West 50th
Street be erected, .
Ayes: Bredesen, Richards, Schmidt, Turner, Courtney
Motion carried.
With reference to Section C of the Minutes, Member Schmidt commented that she was
pleased that safety problems at West 70th Street and Cornelia Drive are being
studied, as requested by the president of the Cornelia School PTA.
PARK BOARD RECOMMENDATION FOR MULTI-USE FACILITY (SPEED SKATING RINK) DISCUSSED.
Park Director Kojetin presented a recommendation from the Edina Park Board that the
Council study and give approval to apply to the Metropolitan Council to consider
locating a speed skating facility at Braemar Park.
a study was done in the metropolitan area on the feasibility of an artificial speed
skating rink and that the Metropolitan Commission has determined that there is a need
for such a facility in the area. The proposal was presented to the State Legislature
who agreed and appropriated money for the year 1984 for work on a site selection. A
committee will be approved this summer to select a site location in the metropolitan
area and to present working drawings for this facility. The facility is proposed to
be a regional park.
Braemar Park would be a compliment to the City's park system, its residents, and
that the location would provide easy access for people in the metropolitan area.
original study done by the Commission did not include provision for a roof over the
facility. Mr. Kojetin submitted that if the facility was to be sited in Edina, the
proposal should be that it would be roofed because of the intense cold, wind chill and
He advised that two years ago
Mr. Kojetin stated that locating such a multi-use facility at
The
c
2/27 / 84
'_ 212
heavy snowfalls commonly experienced during the winter in this area.
facility size would be an area 350' by 700' and uses could include a soccer field
and a 440 yard artificial turf running track in the summer with an artificial
400 meter speed skating rink and a sheet of artificial ice inside the speed skating
oval in the winter. Spectator stands would seat 5,000 people and under the stands
hostel type housing could be provided for 90 athletes in training.
Committee has indicated that, if such a facility were built which could be used as
an Olympic speed skating training center, that the Committee would contribute
operating funds.
Pavilion, South of the Pavilion in the lower parking lot.
regarding the impact of the facility on the community, positive and negative aspects
of such a facility in the City, funding of operating costs, how it would be managed
and the traffic generated by such a facility.
facility were considered it should be roofed.
Edina, it should not become a burden to the City's taxpayers, either through con- .
struction costs or operating costs, but should be solely funded from sources outside
the City of Edina.
it would overpower the Arena and Pavilion. Bill Lord, member of the Park Board,
stated that the Board felt that if a roofed facility was considered by the Committee
to be feasible, that they should be given the opportunity to look at a proposal for
siting the facility in Edina. Member Turner stated that she felt it was appropriate
for Edina to participate in the discussion and to offer the expertise of Mr. Kojetin
and the Park Board in the proposal, that as exciting as it would be to have such a
facility here, there are many pros and cons to the issue.
approval to apply to the Metropolitan Council to consider locating a speed skating
facility at Braemar Park. Motion was seconded by Member Richards, who stated that
he was seconding the motion with the understanding that the concerns expressed would
have to be addressed and that he did not want to see our existing facilities at
Braemar Park, which serve the community well and are in great demand, take second
place to the proposed facility.
The proposed
The Olympic
The facility would be located adjacent to the Braemar Arena and
Discussion followed
Mr. Rosland agreed that if such a
He added that if it were built in
He also felt that the size of the facility would be so large that
Member Turner then moved
Ayes: Bredesen, Richards, Schmidt, Turner, Courtney.
Motion carried.
JAMES R. HANSEN APPOINTED TO HEALTH ADVISORY BOARD; COUNCIL/BOARDS LIAISON DISCUSSED.
As recommended by Mayor Courtney, Member Schmidt's motion was seconded by Member
Turner for appointment of James R. Hansen to the Advisory Board of Health for a
two year term to February 1, 1986. Mayor Courtney advised that this appointment
brings the number of members on the Health Board up to nine and that there could
be twelve members in total. He reminded the Council Members of their present
liaison assignments with the various boards/commissions and asked that they review
those and advise him if they desired to make changes.
HEARING DATE SET FOR STORM SEWER IMPROVEMENT P-ST.S.-173.
Hoffman, Member Schmidt offered the following resolution and moved its adoption:
As recommended by Engineer
RESOLUTION PROVIDING FOR PUBLIC HEARING ON
STORM SEWER IMPROVEMENT NO. P-ST . S .-173
1. The City Engineer, having submitted to the Council a preliminary report as to
the feasibility of the proposed Storm Sewer described in the form of Notice of
Hearing set forth below, and as to the estimated cost of such improvement, said
report is hereby approved and directed to be placed on file in the office of the City
Clerk.
2. This Council shall meet on Monday, March 19, 1984, at 7:OO p.m. in the Edina City
Hall, to consider in public hearing the views of all persons interested in said
improvement.
3. The City Clerk is hereby authorized and directed to cause notice of the time,
place and purpose of said meeting to be published in the official newspaper once a
week for two successive weeks, the second of which publication is tQ be not less
than three days from the date of said meeting, and to mail notice to all affected
properties in substantially the following form:
(Official Publication)
CITY OF EDINA
4801 TJ. 50TH STREET
EDINA, MINNESOTA 55424
NOTICE OF PUBLIC HEARING
STORM SEWER
IEIPROVEBENT NO. P-ST.S.-173
The Edina City Council will meet at the Edina City Hall, Monday, March 19, 1984
at 7:OO P.M., to consider the following proposed improvements to be constructed
under the authority granted by Elinnesota Statutes, Chapter 429, or Chapter 444.
The approximate cost of said improvements are estimated by the City as set
forth below:
y
2/27 / 84
213
EDINA - BLOOMINGTON BORDER - HIGHWAY 100
Easterly 2500 Feet Plus or Minus
ESTIMATED COST
$750,000.00
The area proposed to be assessed for the cost of Improvement ST. S.-173 include:
Lots 1 thru 34, 39, 45, 46, 47, Blk. 1; Lots 1 thru 26, Blk. 2; Lots 1 and 3,
Blk. 3, Oscar Roberts First Addition; Outlot 1 and 2, Lots 1 thru 11, Blk. 1;
Lots 1 thru 12, Blk. 2; Lots 1 and 2, Blk. 3, Bertelsen 3rd Add'n.; Tract A
and By R.L.S. 1270, Apt. Ownership No. 88, Heatherton of Edina Condo; Lots 1
thru 3, Blk. 1, Hedberg Parklawn 1st Add'n.; Tracts C thru J, My and N, R.L.S.
No. 1129; Lots 1 thru 3, Blk. 1, Edina Office Center; Lots 1 and 2, Blk. 1,
Edina Office Center 2nd Addition; Tracts A thru M, P thru V, R.L.S. No. 1218;
Tracts B thru S, R.L.S. No. 1050; Tract A, R.L.S. No. 69; Lots 7 thru 13,
Blk. 2; Lots 1 thru 7, Blk. 3; Lots 3 thru 8, Blk. 4, Lake Edina 4th Add'n.;
Tract A, R.L.S. No. 938; Lots 1 thru 13, Blk. 3, Lake Edina 3rd Add'n.; Lots 4
thru 6, Lake Edina 5'th Add'n.; Lot 1, Blk. 1, Yorkdale Townhomes of Edina;
Lot 1, Blk. 1, Outlot A, Ebenezer Society 1st Add'n.; Lot 1, Blk. 1, Al Johnson
Add'n.; Lot 1, Blk. 1, Paul Klodt First Add'n.; Lot 1, Blk. 1, Northwestern
Financial Center; Lot 1, Blk. 1, Eden Place; Parcel 800, 1200, 2802, 2850, .
4800, 6000, 6800, 6400, 8000, 9210, and 2400, Section 32 Township 28, Range 24.
The above area is generally.located in area bordered by Highway 100 on the
west, City of Bloomington border on the south, City of Richfield border on
the east, and West 72nd Street on the north.
Marcella M. Daehn
City Clerk
Motion for adoption of the resolution was seconded by Member Bredesen.
Rollcall :
Ayes: Bredesen, Richards, Schmidt, Turner, Courtney
Resolution adopted.
. GEOFFREY MCCRAY CLAIM NOTED. Chief Swanson advised that a Notice of Claim had been
filed by Geoffrey McCray and that the matter had been referred to the City's insur-
ance company and to the City Attorney. No formal action was taken.
RELEASE OF PARKLAND DEDICATION AGREEMENT FOR LOT 6, BLOCK 2, PARKWOOD KNOLLS 21ST
ADDITION AUTHORIZED. Mr. Erickson advised that some years ago an agreement was
signed between the City, Carl and Helen Hansen and Parkwood Knolls Construction
Company relating to dedication of parkland, whereby as they platted land the City
received credit for acreage to be combined and added to an existing park in the
Parkwood Knolls area. He explained that the Hansens have now developed all the
land they are going to develop under that agreement, that the City had received all
the parkland therefor, and the Hansens have asked that the existing encumbrance be
removed for the lots involved.
BE IT RESOLVED by the Edina City Council that the Mayor and City Manager be and.
are hereby authorized and directed, on behalf of the City, to sign a Release which
fully releases Lot 6, Block 2,. Parkwood Knolls 21st Addition from an Agreement
dated July 24, 1972, and filed in the office of the Hennepin County Registrar of
Titles as Document No. 1052064 relating to dedication of parkland.
Motion for adoption of the resolution was seconded by Member Bredesen.
Staff would recommend approval of the release.
RE SOLUTION
Rollcall :
Ayes: Bredesen, Richards, Schmidt, Turner, Courtney
Resolution adopted.
RESOLUTION ADOPTED REGARDING BIKEWAY CONSTRUCTION PROJECT ON INTERLACHEN BOULEVARD.
Engineer Hoffman recalled that the matter of a path along Interlachen Boulevard has
been discussed for a number of years but that the major problem was always a lack
af means of funding.
ment of Transportation (MNDot) was accepting applications for bikeway projects that
currently are not funded.
type of activity during 1984 and 1985.
along Interlachen Boulevard from Vernon Avenue to the Hopkins city boundary. Staff
met with the Hennepin County staff regarding the project and they felt this would
be a good project and also may have some funding available for such a project.
Additionally, the Hopkins City Council passed a resolution to support an application
for funding for their portion of the bikeway..
criteria for construction that would have to be met.
of the bikeway would be the responsibility of the applicant.
tiate with Hennepin County as to who would maintain the bikeway system along Inter-
lachen Boulevard inasmuch as it is a county roadway. Staff feels we could comply
with the requirements of MNDot and do not see any other funding possibilities and
would recommend that an application for funding be approved.
the following resolution and moved its adoption:
Recently, the City received a notice that the Minnesota Depart-
The State Legislature may appropriate funds for this
A candidate for funding would be a bikeway
Mr. Hoffman advised that MNDot has
Maintenance and operations
The City would nego-
Member Schmidt offered
\
RESOLUTION REGARDING BIKEWAY CONSTRUCTION PROJECT
INTERLACHEN BOULEVARD/BLAKE ROAD
COUNTY ROAD 20
WHEREAS, the City of Edina desires to construct a pathway along County Road 20
(Interlachen Boulevard/Blake Road) in Edina; and
WHEREAS, the existing "rural section" roadway on County Road 20 provides inadequate
pedestriadbikeway mobility and unsafe conditions; and
WHEREAS, the construction of a pathway along County Road 20 is difficult and
therefore expensive; and
WHEREAS, the City of Edina is aware that the City of Hopkins desires to continue a
pathway/bikeway along County Road 20 in Hopkins,
NOW, THEREFORE BE IT RESOLVED that the City of Edina requests funding from the
Minnesota Department of Transportation Bikeway Construction Program to assist in
Construction of this pathway/bikeway. I
Motion for adoption of the resolution was seconded by Member Turner*
Rollcall :
Ayes: Bredesen, Richards, Schmidt, Turner, Courtney
Resolution adopted.
,
PARAMEDIC REPORT PRESENTED AND DISCUSSED. Mr. Rosland stated that a resignation
letter from John Maloney was received in October, 1983, indicating his intention
to leave his paramedic duties as of year end. At that time Robert Buresh, Public
Safety Director, was asked to prepare and submit a report regarding the paramedic
program in Edina.
service. Mr. Rosland advised that at the present time the City is susceptible to
the resignations of our paramedics in such a way that we could be without a program
if the present trend continues.
Council should begin discussion on the direction that might be taken as to
deliver the service to the City (City, County or possibly the hospitals). He
stated that John Maloney, President of the Fire Union, and Robert Buresh would
present their reports which would offer some possible options. Mr. Maloney noted
that his report was written with the intention of preserving the paramedic program
as part of the Edina Fire Department. He then presented graphics showing 1) Fire
and Medical Calls since 1975, 2) Number of Paramedic Calls Comparision with Henn-
epin County, North and Smith, 3) Number of Calls With vs. Without Supervision at
Scene, 4) 1984 Fire Department Budget Without Revenues, 5) 1985 Budget - After cuts
back to 1975 Levels with Revenues Added, 6) 1985 Budget - Revenues Added, 7) 1984
Budget - 1980 Level 4- 3 Firefighter/Paramedics with Revenues Added. He stated that
despite its value, the paramedic unit is in danger of disintegrating because of loss
of personnel fromwithin.
solved by an addition of three paramedics.
by redistributing approved allocations which he then explained; .He submitred Xhat
is a solution is found, it will likely be a combination of possibilities. Robert
Buresh then reviewed his written report for the Council, giving a history of
Emergency Medical Services (EMS) in Edina and specifically the paramedic program,
the present status of the program and the future of the EMS program.
11 options for the Council to consider in dealing with the future of the EMS program.
and responded to questions of the Council regarding each option.
stated that he would review the reports and options outlined and try to bring back
to the Council within the next few weeks several recommendations that may be viable.
John Malony, as President of the Fire Union, then presented data regarding some
problems the union had with the City during arbitration last year regarding salary
and benefits for the Assistant Chiefs which the union feels violated laws and
agreements with the union.
developed between the City and the union in the future.
discussing the matter with the Assistant Chiefs and would then be talking to
Mr. Maloney to try to clarify the matter. No formal action was taken.
The report was to include alternative methods of delivering the
Staff felt the program was at a point that the
He felt that the most acute of the problems could be
This could possibly be accomplished
He presented
Mr. Rosland
He stated that he hoped better communication could be
Mr. Rosland he would be
I BRAEMAR ARENA TRAFFIC CONGESTION NOTED. Member Turner called attention to the
traffic congestion at Braemar Arena at the recent Edina/Minnetonka hockey game
and suggested that perhaps a solution would be to not schedule activities at the
Pavilion for nights when a major hockey game is to be played.
that not scheduling the Pavilion for those nights would be an option and also that
it may be possible to arrange for patrols to work the parking lot for such events.
No formal action was taken.
-
Mr. Rosland stated
DEATH OF HERMANN STRACHATJER NOTED. Mr. Rbsland advised that he has received word of
the death of Hermann Strachauer this afternoon and noted that he was probably the
father of the Park Department, having served on the Park Board for many years during
the early development of Edina. No action was taken.
RESOLUTION ADOPTED AUTHORIZING LEND/LEASE AGmEMENT FOR INTOXILYZER. Mr. Rosland
recommended'adoption of a resolution approving,the City'k entering into an Agreement
. 2/27/84
215
with the State of Minnesota to receive an Intoxilyzer 5000 breath test instrument
on a loan basis. Member Bredesen offered the following resolution and moved its
adoption: RE SOLUTION
BE IT RESOLVED that the City of Edina enter into an agreement with the State
of Minnesota, Department of Public Safety for the following purpose:
To receive from the State of Minnesota, Department of Public Safety, an
Intoxilyzer 5000 breath test instrument and breath alcohol simulator on a
loan basis. The instruments are to be used by law enforcement officers to
assisr them in the detection of motorists who may be in violation of
Minnesota Statutes Section 169.121, or other Minnesota laws or local
ordinances or other law enforcement purposes.
BE IT FURTHER RESOLVED that the Mayor and City Manager be and they are hereby
authorized-to execute such agreement.
Motion for adoption of the resolution was seconded by Member Turner.
Rollcall:
Ayes: Bredesen, Richards, Schmidt, Turner, Courtney
Resolution adopted.
RESOLUTION ADOPTED IN FAVOR OF 21 AS THE MINIMUM LEGAL DRINKING AGE. Mr. Rosland
advised that the Police Chiefs Association has taken an action recommending that the
minimum legal drinking age in the State of Minnesota be raised to age 21 and that
the Council may wish to discuss the issue. Member Turner advised that the Human
Relations Commission was asked to comment on the issue and at their last meeting
they unanimously supported the age of 21.
resolution and moved its adoption:
Member Richards then offered the following
RESOLUTION
WHEREAS, the reduction of the minimum legal drinking age in Minnesota in 1973
was followed by an increase in the number of alcohol-related motor vehicle
deaths for 16 to 21 year old drivers and 'that alcohol-related traffic crashes
are the leading cause of death of people in this age'group; and
WHEREAS, the experience of the States of Michigan and Illinois demonstrate a'
decrease of alcohol-related motor vehicle deaths when the minimum legal drinking
age was returned to age 21; and
WHEREAS, raising the legal minimum drinking age to age 21 in Minnesota would
have an important impact in reducing the annual toll of motor vehicle deaths,
particularly the deaths of young people and of others with whom they are
involved in crashes; and
WHEREAS, raising the legal minimum drinking age to age 21 in Minnesota may have
an impact on associated chemical dependency issues among the 16 to 21 year old
youth of the State;
NOW, THERhFORE, BE IT RESOLVED that the Council of the City of Edina advocates
the return of the legal minimum drinking age in tlhe State of Minnesota to
21 years of age.
Motion for adoption of the resolution was seconded by Member Bredesen.
Rollcall :
Ayes: Bredesen, Richards, Schmidt, Turner, Courtney
Resolution adopted.
RESOLUTION ADOPTED FOR NEGOTIATION OF TERMS OF AGREEMENT ON WOODDALE SCHOOL.
Mr. Rosland advised that a resolution has been drafted by attorneys for the School
District and the City with regard to the terms of an Agreement for the conveyance
of the Wooddale School site to the City of Edina. In response to questions, Attorney
Erickson stated that the Agreement would provide that the City must hold the property
in public domain, that it would also prescribe that the School Site shall be recon-
veyed to the School District in the future only if used for public education purposes
and that those provisions of the Agreement would be binding on both the City and the
School District.
adopt ion :
Member Turner then offered the following resolution and moved its
RE SOLUTION
WHEREAS, Independent School District No. 273 (the
"School District") is the owner of the property in the City
of Edina (the "City") known as the Wooddale School site, and
legally described as follows:
Par 1: Part of Southeast Quarter of Northwest
Quarter of Section 18, Township 28, Range 24, West
of the Fourth Principal Meridian, described as
follows: Commencing 440 feet West from Southeast
216
2/27/84
.
corner of Northwest Quarter; thence West 132 feet;
thence North 264 1/2 feet; thence East 132 feet;
thence South 264 1/2 feet to place of beginning.
Par 2: (a) All that part of Lots 4 and 5,
Block 16, Country Club District, Brown Section,
lying South of a line 300 feet north of and
parallel to the South line of said Block 16,
including that part of the North 1/2 of County Road
No. 2, vacated, lying between extensions across it
of the East and West lines of said Lot 5, and
Northwesterly of the Northwesterly line of New 50th
Street.
(b) All that part of the East 4 feet of
Lots 2 and 3, Block 16, Country Club District,
Brown Section, lying South of a line 300 feet North
from and parallel to the South line of said
Block 16, including that part of the North 1/2 of
County Road No. 2, vacated, lying between exten-
sions across it of the West and East lines of said
4 foot tract.
according to the plat thereof on file or of record
in the office of the Register of Deeds in and for
said County.
(c) All that part of the Northeast Quarter
of the Southwest Quarter of Section 18, Town-
ship 28, Range 24, lying Northerly of New 50th
Street, generally known as State Aid Road No. 20,
and East of Minnehaha Creek, including that part of
the South 1/2 of County Road No. 2, vacated, lying
between extensions across it of the Easterly line
of Browndale Avenue and the Northwesterly line of
New 50th Street, except that part thereof which
lies southwesterly of the southeasterly extension
of the westerly line (tangent segment) of Lot 2,
Block 16, Country Club District,? Brown Section.
(said site and all buildings and improvements thereon and all
hereditaments and appurtenances belonging or in anywise
appertaining thereto, is hereinafter called the "School
Site"); and
WHEREAS, the School District has determined that it
does not presently need the School Site for any School
District purpose, but may hereafter need it for operation and
use of a public school building for public education
purposes; and
WHEREAS, the School District has also determined
that'it is in the best public interest of the School District
that the City acquire the School Site from the School
District for public uses so that it will remain in public
ownership, but has also prescribed that the School Site shall
be reconveyed to the School District in the future if needed
by the School District for operation and use of a public
school building for public education purposes; and
WHEREAS, the City Council has determined that it is
in the best public interest of the City, and the citizens of
the City, for the City to acquire the School Site, subject to
the right of the School District to reacquire it in the
future, and on the other terms set out in this resolution.
NOW, THEREFORE, be it resolved that, as soon as
reasonably possible, the City enter into an agreement (the
"Agreement") with the School District for the transfer to the
City of the School Site containing, among other terms, terms
substantially as follows:
1, The School District shall convey the School
Site to the City in fee simple absolute, free of all liens,
charges, encumbrances and easements whatsoever, except only
those which the City expressly consents to in writing.
2/27/84 217
2. The School Site shall be so conveyed to the
City on August 1, 1984, or within sixty (60) days thereafter,
the exact date, within .the above time restriction, to be
selected by the School District (said date is hereinafter
called the "Closing Date" 1.
3. The School District shall pay to the City for
the purpose of defraying the costs incurred and to be
incurred by the City in connection with the acquisition of
the School Site and/or any Work (as below defined) done on or
to the School
(a)
4.
Site:
$25,000.00 at the time said Agreement is
signed;
$100,000.00 on the earlier of (i) the 1st day
of the 18th full calendar month after the
Closing Date, or (ii) the date the City awards
a contract for any Work on the School Site in
accordance with the Agreement. For purposes of
the Agreement, "Work" shall mean any remodel-
ing, refurbishing, restoration, repairing,
maintenance, alteration, modification or
improvement of, or any demolition or removal
of, all or any part of the land, buildings or
improvements forming a part of the School
Site.
The School District shall have the right to
remove certain fixtures, items of .equipment and personal
property from the building, or improvement, or portion
thereof. The fixtures and items to be so removed, and the
terms of removal, shall be agreed upon by the City and the
School District and specified in the Agreement.
5. The City, by separate instrument to be executed
by the City and the School District on the Closing Date,
shall grant to the School District the right, as prescribed
by the School District as a condition to the conveyance to
the City, to reacquire the School Site for operation and use
by the School District of a public school building for public
education purposes, at any time upon such notice as shall be
specified in the Agreement and without payment of any
consideration to the City in addition to that to be paid
pursuant to the Agreement. Reconveyance by the City shall be
by limited warranty deed, subject to (i) all encumbrances,
charges and easements as exist against or on the School Site
as of the date of acquisition by the City, (ii) any unpaid
installments of special assessments against the School Site
as of the date of the limited warranty deed, (iii) the
restriction in favor of the City that .the School Site shall
be used by the School District only for operation and use of
a public school building for public education purposes, and
(iv) such other encumbrances and easements as may be allowed
pursuant to the Agreement.
6. The School District and the City shall each pay
their own costs, including fees of their respective attor-
neys, incurred in connection with the Agreement and any such
reconveyance to the School District.
BE IT FURTHER RESOLVED, that the Mayor and Manager
are hereby authorized and directed to negotiate the terms of
the Agreement (provided the Agreement shall contain terms
substantially as set forth above), and to bring back to the
Council the Agreement once complete, and after acceptance of
the Agreement by the Council, the Mayor and Manager are
further authorized and directed to execute and deliver said
Agreement, and to negotiate, execute and deliver such other
documents as may be necessary to effectuate the Agreement and
the conveyance of the School Site to the City.
218 2/27/84
*
Motion for adoption of the resolution was seconded by Member Richards.
Rollcall :
Ayes: Bredesen, Richards, Turner, Courtney
Nays: Schmidt
Resolution adopted.
ORDINANCE NO. 711-A3 (ABATEBENT OF REFUSE ACCUMULATION) ADOPTED; SECOND READING
WAIVED.
for adoption as follows, with waiver of Second Reading:
As recommended by Mr. Rosland, Member Schmidt offered Ordinance No. 71143
ORDINANCE NO. 711-M
AN ORDlX4"E AMENDING ORDINANCE NO. 711
PROVIDING FOR ABATEBENT OF REFUSE
ACCUMULATION BY THE PUBLIC HEALTH SANITARIAN
THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS:
Section 8 of Ordinance No. 711 is hereby amended to read as Section 1.
follows :
Sec. 8. Any accumulation of refuse on
any premises not stored in containers which comply with this Ordinance, or
any accumulation of refuse on any premises which has remained thereon for
more than one week is hereby declared to be a nuisance. and shall be abated
by order of the City Public Health Sanitarian or the Deputy Public'Health
Sanitarian, as provided by Minnesota Statutes, Sections 145.22 and 145.23,
and the cost of abatement may be assessed on the property where the
nuisance was found, as provided in said sections."
Abatement of Refuse Accumulation. I1
Sec. 2.
and publication. This Ordinance shall be in full force and effect upon its passage
Motion for adoption of the Ordinance with waiver of Second Reading was seconded by
Member Turner.
Rollcall :
Ayes: Bredesen, Richards, Schmidt, Turner, Courtney
Ordinance adopted.
ATTEST :
- 3A3.U
City Clerk
CLAIMS PAID. Motion of Member Schmidt was seconded by Member Turner for payment of
the following claims as per Pre-List dated 2-27-84: General Fund $487,482.27, Park
Fund $31,913.23, Art Center $3,911.99, Swimming Pool Fund $1,835.74, Golf Course
Fund $4,184.77, Recreation Center Fund $21,810.79, Gun Range Fund $301.19, Waterwork
Fund $28,914.51, Sewer Rental Fund $17 , 398.70 , Liquor Dispensary Fund $119,665.85 ,
Construction Fund $360.00, IBR #2 $99,668.00, Total $817,447.04; for Confirmation
of payment of the following claims dated 1-31-84: General Fund $35,986.06, Park
Fund.$1,971.13, Art Center $306.00, Golf Course Fund $22.84, Recreation Center
Fund $1,083.57, Waterwork Fund $836.57 , Liquor Dispensary Fund $101,100.56,
Total $141,306.73; and for confirmation of payment of the following claims dated
1-31-84: Liquor Dispensary Fund $175,900.09.
There being no further business, the Mayor declared the meeting adjourned at 10:40 pm.
- L *d%.U
City Clerk
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