City Code

850.07 General Requirements Applicable to all Districts Except as Otherwise Stated.

Subd. 1    General. No building or structure shall be erected, constructed or placed on any property in the City, and no building or structure or property in the City shall be used for any purpose, unless in full compliance with the restrictions and requirements of this Section and other applicable provisions of this Code.

Subd. 2    Storage of Refuse.

A.      All Properties Except Single Dwelling Unit and Double Dwelling Unit Buildings. All refuse, as defined in Section 705 of this Code, or similar material shall be kept within closed containers designed for such purpose.  The containers shall not be located in the front yard and shall be completely screened from view from all lot lines and streets.

B.      All Non-Residential Properties Within the 50th and France Commercial District. No non-residential building within the 50th and France Planned Commercial District shall be (i) added to or enlarged in any manner;  or (ii) subjected to an alteration whereby the use of any portion of a building is converted to a restaurant without first providing sufficient areas for the storage of refuse and servicing of refuse containers. Areas for the storage of refuse and servicing of refuse containers which existed as of the effective date of this Code shall not be eliminated or reduced in size.

C.      Single Dwelling Unit and Double Dwelling Unit Buildings. All refuse, as defined in Section 705 of this Code, or similar materials shall be kept within closed containers designed for such purpose. Such containers shall not be located in the front yard and shall not be visible from the front lot line except as allowed by Section 705 of this Code.

Subd. 3    Dwelling Units Prohibited in Accessory Buildings, Temporary Buildings, Trailers and Recreational Vehicles. No accessory building, temporary building, trailer or recreational vehicle in any district shall be used in whole or in part for a dwelling unit or units, except for accessory buildings which are specifically allowed for residential use by this Section.

Subd. 4    Customary Home Occupations as an Accessory Use.

A.      Customary home occupations which are permitted as an accessory use by this Section shall comply with the following conditions:

1. Only the residents of the dwelling unit shall be employed on the lot or within the dwelling unit.

2. No exterior structural modifications shall be made to change the residential character and appearance of the lot or any buildings or structures on the lot.

3. No loading, unloading, outdoor storage of equipment or materials, or other outdoor activities, except parking of automobiles shall occur.

4. No signs of any kind shall be used to identify the use.

5. All parking demands generated by the use shall be accommodated within the accessory garage and the normal driveway area and shall not at any one time occupy more than two parking spaces in parking areas required for multiple residential buildings.

6. No more than ten automobile trips weekly by individuals other than the residents of the dwelling unit shall be generated to the dwelling unit as a result of the use.

7. No sale of products or merchandise shall occur on the lot or within any structures or buildings on the lot.

B.      Permitted customary home occupations include the following and similar occupations if, and only during such times as, they comply with all of the conditions of paragraph A. of this Subd. 4:

1. Dressmakers, tailors and seamstresses.

2. In single dwelling unit and double dwelling unit buildings only, music and dance teachers providing instruction to not more than five individuals at a time.

3. Artists, sculptors and authors.

4. Insurance agents, brokers, architects and similar professionals who typically conduct client meetings outside of the dwelling unit.

5. Ministers, rabbis and priests.

6. Photographers providing service to one customer at a time.

7. Salespersons, provided that no stock in trade is maintained on the lot or in the building or structure on the lot.

8. In single dwelling unit and double dwelling unit buildings only, rental of rooms for residential occupancy to not more than two persons per dwelling unit in addition to the permanent residents of the dwelling unit.

C.      The following uses have a tendency to increase in size or intensity beyond the conditions imposed by this Subd. 4 for home occupations and thereby adversely affect residential properties. Therefore, the following shall specifically not be permitted as customary home occupations:

1. Barber shops and beauty parlors.

2. Repair services of all kinds, including, without limitation, auto repair and painting, appliance repair and small engine repair.

3. Music, dance or exercise instruction which provides instruction to groups of more than five individuals at a time.

4. Medical and dental offices.

5. Upholstering.

6. Mortuaries.

7. Commercial kennels as defined by Subsection 300.01 of the City Code.

8. Tourist homes, boarding houses or rooming houses, and other kinds of transient occupancies.

9. Commercial food preparation or catering.

10.   Automobile and equipment sales.

11.   Landscaping and lawn maintenance service where landscaping materials and equipment are stored or parked on the premises.

D.      Permitted customary home occupations by residents who are physically unable to be employed full time outside their residence may be allowed as a temporary conditional use, with variances from the conditions of paragraph A. of Subd. 4 of this Subsection 850.07, pursuant to the provisions of Subd. 5 of Subsection 850.04.

Subd. 5    Fences in the R-1 and R-2 Districts. Fences erected in the R-1 District and R-2 District shall conform to the following: 

A.      Fences exceeding four feet in height shall not be erected within a required front street setback or side street setback, pursuant to the provisions of paragraph 2. of Subd. 7 of Subsection 850.11. 

B.      No fence shall exceed six feet in height.

C.      Fences shall be installed with the finished side facing neighboring properties.

D.      No fence shall be installed so as to obstruct a required clear view at street intersections as required by Section 1405 of this Code.

Subd. 6    Exceptions to Setback Requirements. The following shall not be considered as encroachments into required setbacks:

A.      Overhanging eaves not supported by posts or pillars, which do not project more than three feet into the required setback and which are not within three feet of a lot line.

B.      Sidewalks and driveways, but not patios.

C.      Fences which do not exceed the height limitations imposed by this Subsection 850.07.

D.      Awnings and canopies attached to the principal building and not supported by posts or pillars, which do not project more than three feet into the required setback and which are not within three feet of a lot line.

E. Flagpoles, light poles and fixtures.

F. Clotheslines and outdoor fireplaces in the rear yard only.

G.      Bus shelters which have been approved by the Engineer.

H.      Unenclosed steps or stoops not exceeding 50 square feet in area.

I.    Fireplaces projecting not more than two feet into the required setback and not exceeding ten square feet in horizontal area.

J.   Underground storage tanks, conduits and utilities.

K.     Portions of principal and accessory buildings or structures which are located completely underground, which are not visible from the surface of the ground and which do not encroach more than one-half of the distance into that part of the required setback nearest the principal or accessory building.

L. Trees, shrubs and other vegetation.

M.    Retaining walls.

N.     Freestanding basketball posts, backboards and goals adjacent to a driveway.

O.     Unenclosed overhanging eaves or porches supported by posts or columns not exceeding 80 square feet in area, that are not closer than 20 feet to a front property line, three feet to a side property line or 10 feet to a side street.

Subd. 7    Drainage. Surface water runoff shall be properly channeled into storm sewers, watercourses, ponding areas or other public facilities. All provisions for drainage, including storm sewers, sheet drainage and swales, shall be reviewed and approved by the Engineer prior to construction or installation.

Subd. 8    Architectural Control. A building permit for the construction of a new non-residential principal building or a new residential principal building containing three or more dwelling units shall not be issued unless the applicant's building plans, including the site plan, are certified by an architect registered in the State. The certification shall state that the design of the building and site has been prepared under the direct supervision of the architect.

Subd. 9    Building Coverage Computations; Exclusions and Inclusions.

A.      The following structures and improvements shall be excluded when computing building coverage:

1. Driveways and sidewalks, but not patios.

2. Parking lots and parking ramps.

3. Accessory recreational facilities not enclosed by solid walls and not covered by a roof, including outdoor swimming pools, tennis courts and shuffleboard courts; but facilities which are constructed above grade, such as paddle tennis courts, shall be included when computing building coverage.

4. Unenclosed and uncovered steps and stoops less than 50 square feet.

5. Overhanging eaves and roof projections not supported by posts or pillars.

B.      Building coverage computations, however, shall include all other principal or accessory buildings, including, but not limited to:

1. Decks and patios subject to allowances provided by this Section.

2. Gazebos.

3. Balconies.

4. Breezeways.

5. Porches.

6. Accessory recreational facilities constructed above grade, such as paddle tennis courts.

Subd. 10    Lighting. All exterior lighting and illuminating devices shall be provided with lenses, reflectors or shades so as to concentrate illumination on the property of the owner or operator of the lighting or illuminating devices. Rays of light or illumination shall not pass beyond the property lines of the premises utilizing  the lights or illumination at an intensity greater than three foot-candles measured at property lines abutting property zoned residential and ten foot-candles measured at property lines abutting streets or property zoned non-residential. No light source, lamp or luminaire shall be directed beyond the boundaries of the lighted or illuminated premises.

Subd. 11    Frontage of Lots on a Street. All lots shall have at least 30 feet of frontage on at least one street other than alleys or limited access roadways to which private access is prohibited. Private easements shall not be considered as frontage for purposes of this Subdivision. Notwithstanding the requirements of this  subdivision, lots in a townhouse plat need not front on a street provided that the townhouse plat of which the lot is a part has at least 30 feet of frontage on at least one street.

Subd. 12    Certain Sales Prohibited.

A.      Except as provided in Section 1310 of this Code, the sale of goods or merchandise from a motor vehicle, trailer, tent or other temporary or portable building is prohibited in all districts.

B.      No property used for residential purposes shall be used for garage sales, estate sales or other sales of personal property for more than one period of 72 consecutive hours in any calendar year.  The property offered for sale shall consist only of items owned by the resident or of the premises or by friends of such resident. None of the items offered for sale shall have been purchased for resale or received on consignment for purposes of resale.

Subd. 13    Platting Requirement. Any land proposed to be transferred from one zoning district to another shall be platted into lots and blocks pursuant to and in accordance with the requirements of Section 810 of this Code in connection with, and at the time of the transfer. Any land which has been previously platted into lots and blocks shall be likewise replatted to provide new lots and blocks which are compatible in size, shape, location and arrangement with the property's intended use.

Subd. 14    Drive-Through Facility Standards.

A.      Number of Stacking Spaces in Addition to the Vehicle(s) Being Served.

1. Financial institutions: 3 stacking spaces per bay

2. Car wash: 25 stacking spaces per bay

3. Accessory car wash: 2 stacking spaces per bay

4. A restaurant in the PCD-1 District: 10 stacking space per bay

5. All other uses: 4 stacking spaces per bay

B.      Location of Stacking Space.

1. No stacking space shall encroach into any drive aisle necessary for the circulation of vehicles.

2. All stacking spaces shall provide the same setbacks as are required by this Section for parking spaces.

3. In the case of uses described in subparagraph 4. of paragraph A. of Subd. 14 above, if the drive-through bay is equipped with a facility for placing an order which is separated from the location at which the product or merchandise is received by the customer, not less than three of the required stacking spaces shall be provided at the ordering point.

C.      Minimum Size of Stacking Space. The minimum size of each stacking space shall be nine feet wide by 18 feet deep.

D.      Accessory Canopies and Mechanical Equipment. All canopies and equipment appurtenant to a drive-through facility shall provide the same setbacks as are required for principal buildings.

E.     Facilities Accessory to Restaurants. Drive-through facilities accessory to restaurants shall be limited to two service windows and two audio systems and menu boards.

F.     Restaurant in the PCD-1 District.

1. May only sell coffee, non alcoholic beverages, pastries and donuts from the drive-through window.
2. Hours of operation of the drive-through window shall be limited to 6:00 a.m. to 6:00 p.m.
3. Minimum lot size shall be 1 acre.
4. Levels of noise shall be measured at property lines and shall satisfy established state regulations.
5. No part of the public street or boulevard may be used for stacking of automobiles.
6. Drive-through facilities shall be limited to one service window and one audio system and menu board.

G.     Menu board and audio system shall not be located on a side of a building that faces single-family residential homes or property zoned single-family residential.
 

Subd. 15    District Limits. For purposes of calculating the minimum site area, floor area ratio, building coverage, setbacks and all other requirements of this Section, a district or subdistrict shall be deemed not to extend beyond the right-of-way lines of adjacent streets, alleys or highways which were dedicated, conveyed or acquired prior to the transfer of land to that district or subdistrict. Districts which are separated by public streets or highways shall be deemed to be separate and independent districts and all requirements and restrictions contained in this Section must be met separately and independently by each district.

Subd. 16    Temporary Buildings.

A.      Improved Single Dwelling Unit and Double Dwelling Unit Lots. No temporary or portable building or structure, including, without limitation, any shed, tent or shelter, which is not permanently attached to the ground shall be placed or stored within the required front street or side street setback for the principal building and shall maintain an interior side yard and rear yard setback of not less than five feet.

B.      All Other Lots Including Unimproved Single Dwelling Unit and Vacant Double Dwelling Unit Lots. No temporary or portable building or structure, including, without limitation, any shed, tent or shelter, which is not permanently attached to the ground shall be placed or stored upon a lot except as accessory to, and during the construction of, permanent buildings or structures.

Subd. 17    Outdoor Storage. All materials, supplies, finished or semi-finished products, motor vehicles, trailers and all equipment shall be stored within a completely enclosed building except:

A. Materials and equipment used for the construction or repair of structures may be stored outdoors on the construction site during construction.

B. Motor vehicles, recreational vehicles and other vehicles may be parked or stored outdoors in accordance with the Section 1046 of this Code.

C. Outdoor storage or displays may take place on lots in the Planned Commercial District in accordance with Subd. 11 of Subsection 850.16.

Subd. 18    Setbacks from Naturally Occurring Lakes, Ponds and Streams. Notwithstanding any other requirements of this Section or other provisions of this Code, in cases where a portion of a lot or tract is located below the ordinary high water elevation of a naturally occurring lake, pond or stream, the shoreline created by such an ordinary high water elevation shall be deemed to be the rear lot line or side lot line, as the case may be, for setback purposes. All principal and accessory structures shall maintain a minimum setback of 50 feet from the ordinary high water elevation, except that all principal and accessory structures shall maintain a minimum setback of 75 feet from the ordinary high water elevation of Indianhead Lake, Arrowhead Lake, Mirror Lake and Lake Cornelia.

Subd. 19    Energy Collection System Setbacks. Facilities and equipment designed for the collection of solar energy or wind energy shall maintain the same setbacks as are required for principal buildings or structures and shall not be located within the front yard.

Subd. 20    Non-Conforming Uses, Buildings and Lots.

A. Non-Conforming Buildings.

1. Alterations, Additions and Enlargements.

a. A nonconforming building, other than a single dwelling unit building, shall not be added to or enlarged, in any manner, or subjected to an alteration involving fifty percent (50%) or more of the gross floor area of the building, or fifty percent (50%) 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 (3) year period.

b. Alternate setbacks. An addition to a single dwelling unit building with a nonconforming setback, or an addition to a structure accessory to a single dwelling unit building with a nonconforming setback, may be constructed within the existing nonconforming setback, which is the shortest distance from the applicable lot line to the existing structure, subject to the following limitations:

i. the addition shall not exceed the existing square footage encroachment into the nonconforming setback or two hundred (200) square feet, whichever is less; and

ii. the addition may only be constructed on the same floor as the existing encroachment into the nonconforming setback.

2. Nonconformities. Except as provided in Section 850.21, any nonconformity, including the lawful use or occupation of land or premises existing at the time of the adoption of an additional control under this Chapter, may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion, except as specifically provided in this Chapter, unless:

a. the nonconformity or occupany is discontinued for a period of more than one (1) year; or

b. any nonconforming use is destroyed by fire or other peril to the extent of greater than fifty percent (50%) of its market value and no building permit has been applied for within one hundred eighty (180) days of when the property is damaged. In these cases, the City of Edina may impose reasonable conditions upon a building permit in order to mitigate any newly created impact on adjacent property. Any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy.

3. Restoration. A non conforming building, or a building all or substantially all of which is used for a non conforming use, which is destroyed or damaged by fire, wind, earthquake, explosion or other casualty, to the extent that the cost of restoration exceeds one half of the fair market value of the entire building on the date immediately prior to the date of the casualty, shall not be restored unless the building, and the use, shall conform to all of the restrictions of the district in which it is located. If the cost of restoration is less than one half of the fair market value of the entire building on the date immediately prior to the date of the casualty, then the building may be restored without so conforming; but if such restoration is not begun within two years from the date of the casualty or is not diligently prosecuted to completion, then the building shall not be restored unless the building, and the use, conforms to all of the restrictions of the district in which it is located. The Assessor, or other person selected by the Manager, shall determine such cost of restoration and such fair market value.

B.      Non-Conforming Lots. A non-conforming lot in the R-1 District used or intended for a single dwelling unit building shall be exempt from the width, depth, area and lot width to perimeter ratio requirements of this Section, provided, that the lot:

1. Is not less than 50 feet in width;

2. Is not less than 100 feet in depth;

3. Has at least 30 feet frontage on a street; and

4. Has not been at any time since October 22, 1951, been held in common ownership with all or part of an adjoining or abutting lot or parcel which, together, complied with the minimum width, depth and area and lot width to perimeter ratio requirements imposed by this Section. If such lot and adjoining or abutting lot or parcel has been held in such common ownership, then the property so held in common ownership shall be subject to the following:  

a.   if a non-conforming lot or parcel is, or at any time since October 22, 1951, has been, held in common ownership with all or part of an adjoining or abutting parcel or lot which together comply with, or come close to complying with, the minimum width, depth, area, and lot width to perimeter ratio, requirements of this Section, then such non-conforming lot or parcel and such adjoining or abutting parcel or lot shall be considered as one lot and shall not be decreased in size below such minimum requirements. If in a group of two or more adjoining or abutting lots or parcels owned or controlled by the same person, any single lot or parcel does not meet the full minimum depth, width, area or lot width to perimeter ratio requirements of this Section, such single lot or parcel shall not be considered as a separate lot or parcel able to be conveyed and developed under this Code.

Subd. 21    Relocation of Buildings and Structures. No building or structure shall be moved, in whole or in part, into or within the City, unless every portion of such building and structure, and its use, conforms to all of the restrictions of the district in which it is to be located. The moving or relocation of a building or structure shall be undertaken and done only in accordance with applicable provisions of Section 410 of this Code and State Law.

Subd. 22    Signs. Signs erected in accordance with Section 460 of this Code shall be a permitted accessory use in all districts.

Subd. 23    Utility Buildings and Structures.

A.      Utility Buildings and Structures Owned by the City. Utility buildings and structures owned by the City and used for rendering service to all or any part of the City (but excluding warehouses, maintenance buildings and storage yards) shall be a permitted principal or accessory use in all districts.

B.      Other Utility Buildings and Structures. Utility buildings and structures owned by private utility companies or governmental units other than the City, and used for rendering service to all or any part of the City (but excluding warehouses, maintenance buildings and storage yards) shall be a conditional use in all districts and shall only be constructed pursuant to a conditional use permit granted in accordance with Subd. 4 of Subsection 850.04.

Subd 24     Sidewalks, Trails, Bicycle Facilities. In order to promote and provide safe and effective sidewalks and trails in the City and encourage the use of bicycles for recreation and transportation, the following improvements are required, as a condition of approval, on developments requiring the approval of a Final Development Plan or the issuance of a conditional use permit pursuant to Subsection 850.04. The expense of such improvements shall be borne by the applicant.

A. It is the policy of the City to require the construction of sidewalks and trails wherever feasible so as to encourage pedestrian and bicycle connectivity throughout the City. Therefore, developments shall provide sidewalks and trails which adjoin the applicant’s property i) in locations shown on the City’s sidewalk and trail plan and ii) in other locations where the Council finds that the provision of such sidewalks and trails enhance public access to mass transit facilities or connections to other existing or planned sidewalks, trails or public facilities.

B. Developments shall provide sidewalks between building entrances and sidewalks or trails which exist or which will be constructed pursuant to this Subd.

C. Developments shall provide direct sidewalk and trail connections with adjoining properties where appropriate.

D. Developments must provide direct sidewalk and trail connections to transit stations or transit stops adjoining the property.

E. Design standards for sidewalks and trails shall be prescribed by the Engineer.

F. Non-residential developments having an off-street automobile parking requirement of 20 or more spaces must provide off-street bicycle parking spaces where bicycles may be parked and secured from theft by their owners. The minimum number of bicycle parking spaces required shall be five percent of the automobile parking space requirement. The design and placement of bicycle parking spaces and bicycle racks used to secure bicycles shall be subject to the approval of the Engineer. Whenever possible, bicycle parking spaces shall be located within 50 feet of a public entrance to a principal building.