City Code

850.11 Single Dwelling Unit District (R-1).

Subd. 1     Principal Uses.

A.      Buildings containing not more than one dwelling unit.

B.      Publicly owned parks, playgrounds and athletic facilities.

C.      Publicly and privately owned golf courses, but not including driving ranges or miniature golf courses as a principal use.

Subd. 2     Conditional Uses.

A.      Religious institutions, including churches, synagogues, chapels and temples.

B.      Elementary schools, junior high schools and senior high schools having a regular course of study accredited by the Minnesota Department of Education, preschools and community centers.

C.      Publicly owned and operated civic and cultural institutions including, but not limited to, administrative offices, libraries, public safety buildings and places of assembly.

D.      Golf course club houses.

E.      Parking facilities and other uses which are accessory to conditional uses including, but not limited to, seminaries, private schools, monasteries and nunneries, but excluding preschools, nurseries and day care permitted by paragraph C. of Subd. 3 of this Subsection 850.11.

F.      Temporary Conditional Uses allowed pursuant to Subd. 5 of Subsection 850.04.

G.      Day care facilities, pre-schools and nursery schools.

H.      Accessory building(s) totaling 1,000 square feet or more located on property on which a conditionally permitted use exists subject to the following conditions:

1. The accessory building must be architecturally compatible with the principal building if the accessory building is located within 1,500 feet from the principal building.

2. The accessory building height shall be limited to 20 feet.

3. An accessory building 1,000 square feet or larger must be set back a minimum of 95 feet from all property lines. Accessory buildings less than 1,000 square feet must be set back a minimum of 50 feet from all property lines.

4. Landscaping shall be required to buffer views when the structure is visible from adjoining properties, per Section 850.10 Subd. 2. A.

I. Additions to or replacement of single dwelling unit buildings with a first floor elevation of more than one (1) foot above the existing first floor elevation of the existing dwelling unit building. Such additions to or replacements of single dwelling unit buildings must meet one or more of the first three (3) conditions listed below, and always meet condition four (4).

1. The first floor elevation may be increased to the extent necessary to elevate the lowest level of the dwelling to an elevation of two (2) feet above the 100-year flood elevation, as established by the Federal Emergency Management Agency (FEMA), or the City’s Comprehensive Water Resource Management Plan; or

2. The first floor elevation may be increased to the extent necessary to reasonably protect the dwelling from ground water intrusion. Existing and potential ground water elevations shall be determined in accordance with accepted hydrologic and hydraulic engineering practices. Determinations shall be undertaken by a professional civil engineer licensed under Minnesota Statutes Chapter 326 or a hydrologist certified by the American Institute of Hydrology. Studies, analyses and computations shall be submitted in sufficient detail to allow thorough review and approval; or

3. The first floor elevation may be increased to the extent necessary to allow the new building to meet State Building Code, City of Edina Code, or other statutory requirements; and

4. An increase in first floor elevation will only be permitted if the new structure or addition fits the character of the neighborhood in height, mass and scale.

Subd. 3     Accessory Uses.

A.      The following accessory uses are permitted on the same lot as a single dwelling unit building:

1. Accessory garages.

2. Greenhouses, garden houses, decks, patios and gazebos.

3. Tool houses and sheds for the storage of domestic supplies.

4. Private swimming pools, tennis courts and other recreational facilities for use only by residents of the principal use and their guests.

5. Improvements customarily incidental to single dwelling unit buildings including, but not limited to, driveways, sidewalks, flagpoles and clotheslines.

6. Customary home occupations.

7. Day care facilities, licensed by the State, located within the single dwelling unit building.

8. Temporary retail sales of evergreen products from Conditional Use properties pursuant to a permit issued in accordance with this Subsection 850.11.

B.      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. Accessory building(s) totaling 1,000 square feet or more require a conditional use permit.

C.      Preschools, nurseries and day care within elementary, junior high and senior high schools and religious institutions.

D.      Rooms for residential occupancy by persons employed by religious institutions or golf courses.

Subd. 4     Interim Uses of Elementary, Junior and Senior High School Buildings Owned by Independent School District No. 273.

A.      Purpose and Intent. The Council recognizes that several public elementary, junior high and senior high school buildings owned by Independent School District No. 273 (the "School District") have been, or will be, wholly or partly closed for public education purposes due to the decreasing school age population of the School District. It further recognizes that many such buildings will be retained in School District ownership in order that they may be reused for public education purposes in the future if the School District's school-age population increases. Therefore, the Council has determined that the school buildings should be allowed to be temporarily occupied by appropriate uses during this interim period in order to preserve a substantial public investment, to prevent the deterioration of such public properties thereby adversely impacting surrounding private properties, to prevent an undue financial burden upon the School District, and to promote the general health, safety and welfare of the residents of the City. However, it is not the purpose and intent of this Section to allow the permanent reuse of such public school buildings for the interim uses permitted or allowed by this Section.

B.      Permitted Interim Uses.

1. Schools for teaching music, dance, arts or business vocations which do not require a conditional use permit pursuant to paragraph D. of Subd. 4 of this Subsection 850.11; and

2. Administrative offices and meeting rooms (excluding lodge halls) for private non-profit organizations, and counseling services, which, together with the other such offices and meeting rooms in the same public school building do not occupy, in the aggregate, in excess of the minimum percentage of gross floor area set out in subparagraph 1.a. of paragraph D. of Subd. 4. of this Subsection 850.11, and if such offices and meeting rooms do not require a conditional use permit pursuant to subparagraph 1.b. of paragraph D. of Subd. 4. of this Subsection.

C.      Termination of All Interim Uses. If all or any part of any public school building, or the land upon which it is located, is  disposed of or transferred to private ownership by deed, contract for deed, lease for more than three years or by other means, all interim uses shall cease and the building and land shall then be used for only principal uses, and accessory uses permitted in the zoning district in which the land is situated, or allowed conditional uses pursuant to the grant of a conditional use permit. 

D.      Conditional Interim Uses.

1. Only the following interim uses are allowed subject to the grant of a conditional use permit:

a.   administrative offices and meeting rooms for private non-profit organizations, and counseling services, which, together with the other such offices and meeting rooms in the same public school building will, in the aggregate, occupy 35 percent or more of the gross floor area of the building; and

b. administrative offices and meeting rooms for private non-profit organizations, and counseling services and schools for teaching music, arts, dance or business vocations which are open for operations between 6:00 P.M. and 7:00 A.M. on three or more days per week.

2. No conditional use permit shall be issued unless the Council finds that the hours of operation of the proposed use(s) will be complementary to other uses in the building or on the property and will not adversely impact the residential character of surrounding properties.

Subd. 5     Requirements for Lot Areas and Dimensions.

A. Minimum Lot Area.

B.      Minimum Lot Width.

C. Minimum Lot Depth.

D.      Minimum Lot Width to Perimeter Ratio. Each lot shall have a lot width to perimeter ratio of not less than 0.1.

Subd. 6     Requirements for Building Coverage, Setbacks and Height.

A.      Building Coverage.

1. Lots 9,000 Square Feet or Greater in Area. Building coverage shall be not more than 25 percent for all buildings and structures. On lots with an existing conditional use, if the combined total area occupied by all accessory buildings and structures, excluding attached garages, is 1,000 square feet or greater, a conditional use permit is required.

2. Lots Less Than 9,000 Square Feet in Area. Building coverage shall be not more than 30 percent for all buildings and structures, provided, however, that the area occupied by all buildings and structures shall not exceed 2,250 square feet.

3. The combined total area occupied by all accessory buildings and structures, excluding attached garages, shall not exceed 1,000 square feet for lots used for single dwelling unit buildings.

B.      Minimum Setbacks (subject to the requirements of Paragraph A. of Subd. 7 of this Subsection 850.11.)

**See Subd. 7.A.1 below for required set back when more than 25 percent of the lots on one side of a street between street intersections, on one side of a street that ends in a cul-de-sac, or on one side of a dead end street are occupied by dwelling units.

C. Height

Subd. 7     Special Requirements. In addition to the general requirements described in Subsection 850.07, the following special requirements shall apply.

A. Special Setback Requirements for Single Unit Dwelling Lots.

1.  Established Front Street Setback.  When more than 25 percent of the lots on one side of a street between street intersections, on one street of a street that ends in a cul-de-sac, or on one side of a dead end street, are occupied by dwelling units, the front street setback for any lot shall be determined as follows:

a.  If there is an existing dwelling unit on an abutting lot on only one side of the lot, the front street setback requirement shall be the same as the front street setback of the dwelling unit on the abutting lot.

b.  If there are existing dwelling units on abutting lots on both sides of the lot, the front street setback shall be the average of the front street setbacks of the dwelling units on the two abutting lots.

c.  In all other cases, the front street setback shall be the average front street setback of all dwelling units on the same side of that street. 

2. Side Street Setback. The required side street setback shall be increased to that required for a front street setback where there is an adjoining interior lot facing on the same street. The required side street setback for a garage shall be increased to 20 feet if the garage opening faces the side street.

3. Interior Side Yard Setback. The required interior side yard setback shall be increased by 6 inches for each foot the building height exceeds 15 feet. For purposes of this subparagraph, building height shall be the height of that side of the building adjoining the side lot line and shall be measured from the average proposed elevation of the ground along and on the side of the building adjoining the side lot line to the top of the cornice of a flat roof, to the deck line of a Mansard roof, to a point on the roof directly above the highest wall of a shed roof, to the uppermost point on a round or other arch-type roof, to the average distance of the highest gable on a pitched roof, or to the top of a cornice of a hip roof.

4. Rear Yard Setback - Interior Lots. If the rear lot line is less than 30 feet in length or if the lot forms a point at the rear and there is no rear lot line, then for setback purposes the rear lot line shall be deemed to be a straight line segment within the lot not less than 30 feet in length, perpendicular to a line drawn from the midpoint of the front lot line to the junction of the interior lot lines, and at the maximum distance from the front lot line.

5. Rear Yard Setback - Corner Lots Required to Maintain Two Front Street Setbacks. The owner of a corner lot required to maintain two front street setbacks may designate any interior lot line measuring 30 feet or more in length as the rear lot line for setback purposes. In the alternative, the owner of a corner lot required to maintain two front street setbacks may deem the rear lot line to be a straight line segment within the lot not less than 30 feet in length, perpendicular to a line drawn from the junction of the street frontages to the junction of the interior lot lines, the line segment being the maximum distance from the junction of the street frontages.

6. Through Lots. For a through lot, the required setback for all buildings and structures from the street upon which the single dwelling unit building does not front shall be not less than 25 feet.

7. Accessory Buildings and Structures Used for Dwelling Purposes. Subject to the requirements of paragraph B. of Subd. 7 of this Subsection 850.11, if any accessory building or structure (including, without limitation, garages), or if any addition to or expansion of (including, without limitation, an additional story on) an accessory building or structure (including, without limitation, garages), is used or intended for use, in whole or in part, for residential occupancy, then such accessory building or structure or such addition or expansion, shall comply with all of the minimum setback requirements for a single dwelling unit building.

B.      One Dwelling Unit Per Single Dwelling Unit Lot. No more than one dwelling unit shall be erected, placed or used on any lot unless the lot is subdivided into two or more lots pursuant to Section 810 of this Code.

C.      Decks and Patios. Notwithstanding the provisions of Subsection 850.07,  the first 150 square feet of an unenclosed deck or patio shall not be included when computing building coverage.

D.      Basements. All single dwelling unit buildings shall be constructed with a basement having a gross floor area equal to at least 50 percent of the gross floor area of the story next above. The floor area of accessory uses shall not be included for purposes of this paragraph.

E. Minimum Building Width. No more than 30 percent of the length, in the aggregate, of a single dwelling unit building shall measure less than 18 feet in width as measured from the exterior of the exterior walls.

F. Parking Ramps Prohibited. No parking ramp shall be constructed in the R-1 District.

G. Temporary retail sales of evergreen products from Conditional Use properties

1. The Manager may grant a permit for temporary retail sales of evergreen products, if:

a.      the owner of the property or other non-profit group approved by the owner conducts the sale.

b.      the duration of the sale does not exceed 45 consecutive days and does not start before November 15 in any year.

c.      the sale area is located in a suitable off-street location that does not interfere with traffic circulation on the site or obstruct parking spaces needed by the principal use on the site.

d.      the sale area is not located within 200 feet of a property zoned and used for residential occupancy.

e.      the hours of operation do not extend beyond 10:00 p.m.

f.      signage is limited to one sign per street frontage with an aggregate sign area not exceeding 100 square feet.

H.  Additions to or replacement of, single dwelling unit buildings and buildings containing two dwelling units. For additions, alterations and changes to, or rebuilds of existing single dwelling unit buildings and buildings containing two dwellings, the first floor elevation may not be more than one foot above the existing first floor elevation. If a split level dwelling is torn down and a new home is built, the new first floor or entry level elevation may not be more than one foot above the front entry elevation of the home that was torn down. Subject to Section 850.11 Subd. 2. I. the first floor elevation may be increased more than one (1) foot. The provisions of this paragraph shall apply to all single dwelling unit buildings and buildings containing two dwelling units including units in the flood plain overlay district. Any deviation from the requirements of this paragraph shall require a variance.