For the purposes of this chapter, the city shall be divided into the following zoning districts:

(1)

Single Dwelling Unit District (R-1).

(2)

Double Dwelling Unit District (R-2).

(3)

Planned Residence District (PRD and PSR).

(4)

Mixed Development District (MDD).

(5)

Planned Office District (POD).

(6)

Planned Commercial District (PCD).

(7)

Planned Industrial District (PID).

(8)

Regional Medical District (RMD).

(9)

Automobile Parking District (APD).

(10)

Heritage Preservation Overlay District (HPD).

(11)

Floodplain Overlay District (FD).

(12)

Building Height Overlay District (HOD).

(13)

Planned Unit Development District (PUD).

(Code 1970; Code 1992, § 850.05)

The boundaries of all such districts, except the Floodplain Overlay District, shall be as shown in the official zoning map entitled "Official Zoning Map," a composite copy of which, reduced in size, is appended to this Code. The official zoning map, with all explanatory information, is adopted by reference and declared to be a part of this Code. The boundaries shown on the official zoning map may be changed by amendment to this section. The official zoning map shall be on file in the office of the planning department and shall be open to public inspection during normal business hours of the city. The boundaries of the Floodplain Overlay District shall be as shown on the official floodplain zoning map described and identified in article X of this chapter, as such map is to be interpreted and used as provided in article X of this chapter.

(Code 1970; Code 1992, § 850.06)

Notwithstanding any other provision of this Code, the placement of small wireless facilities and wireless support structures to accommodate small wireless facilities are a permitted use in a public right-of-way.

(Ord. No. 2017-12, § 13, 11-8-2017)

The principal uses permitted in the Single Dwelling Unit District (R-1) are as follows:

(1)

Buildings containing not more than one dwelling unit, including attached garages, except that the building may also contain an accessory dwelling unit pursuant to this chapter.

(2)

Publicly owned parks, playgrounds and athletic facilities.

(3)

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

(Code 1970; Code 1992, § 850.11(1); Ord. No. 2013-12, § 2, 12-3-2013; Ord. No. 2024-02, § 3, 4-16-2024)

The conditional uses permitted in the Single Dwelling Unit District (R-1) are as follows:

(1)

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

(2)

Elementary schools, junior and senior high schools having a regular course of study accredited by the state 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 clubhouses.

(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 section 36-435(3).

(6)

Temporary conditional uses allowed pursuant to article V of this chapter.

(7)

Day care facilities, preschools and nursery schools.

(8)

Accessory buildings totaling 1,000 square feet or more located on property on which a conditionally permitted use exists subject to the following conditions:

a.

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.

b.

The accessory building height shall be limited to 20 feet.

c.

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.

d.

Landscaping shall be required to buffer views when the structure is visible from adjoining properties, pursuant to section 36-1457.

(Code 1970; Code 1992, § 850.11(2); Ord. No. 2014-18, § 3, 11-18-2014)

The accessory uses permitted in the Single Dwelling Unit District (R-1) are as follows:

(1)

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

a.

Accessory detached garages.

b.

Greenhouses, garden houses, decks, patios and gazebos.

c.

Tool houses and sheds for the storage of domestic supplies.

d.

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

e.

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

f.

Customary home occupations.

g.

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

h.

Temporary retail sales of evergreen products from conditional use properties pursuant to a permit issued in accordance with this division.

i.

Temporary family health care dwellings.

a.

Minnesota Statutes § 462.3593 is incorporated herein by reference with the exception of subd. 2(9), subd. 3(a), subd. 3(b)(6), and subd 4. which are not incorporated herein.

b.

All permit applications shall require a site plan showing lot line, structures, trees, paved surfaces, patios, and landscaping.

c.

R-1 zoning district shall apply except:

(1)

The temporary dwelling shall be located in the rear yard unless it cannot be physically located in the rear yard. If the temporary dwelling cannot be located in the rear yard, the front setback requirement does not have to be met.

(2)

Temporary dwellings shall not be included for lot coverage.

d.

The initial dwelling permit is for six months. The applicant may renew the permit in six-month increments up to a maximum of two years. The initial application fee shall be $400.00. Each renewal permit fee shall be $50.00.

j.

Accessory dwelling units subject to the requirements of this chapter.

(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. Accessory buildings totaling 1,000 square feet or more require a conditional use permit.

(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.

(Code 1970; Code 1992, § 850.11(3); Ord. No. 2013-12, § 3, 12-3-2013; Ord. No. 2017-10, § 1, 9-6-2017; Ord. No. 2024-02, § 3, 4-16-2024)

(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 subsection (d) of this section; and

(2)

Administrative offices and meeting rooms (excluding lodge halls) for private nonprofit 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 subsection (d)(1)a of this section, and if such offices and meeting rooms do not require a conditional use permit pursuant to subsection (d)(1)b of this section.

(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 nonprofit 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 nonprofit 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 uses will be complementary to other uses in the building or on the property and will not adversely impact the residential character of surrounding properties.

(Code 1970; Code 1992, § 850.11(4))

The requirements for lot area and dimensions in the Single Dwelling Unit District (R-1) are as follows:

(1)

Minimum lot area.

(2)

Minimum lot width.

(3)

Minimum lot depth.

(4)

Minimum lot width to perimeter ratio. Each lot shall have a lot width to perimeter ratio of not less than 0.1.

(5)

Variances from section 36-437. When variances are requested from section 36-437, requirements for lot areas and dimensions, the planning commission and city council may consider the following criteria in addition to section 36-98:

a.

The impact of the proposed plat or subdivision, and proposed development, on the character and symmetry of the neighborhood as evidenced and indicated by, but not limited to, the following matters:

1.

The suitability of the size and shape of the lots in the proposed plat or subdivision relative to the size and shape of lots in the neighborhood; and

2.

The compatibility of the size, shape, location and arrangement of the lots in the proposed plat or subdivision with the proposed density and intended use of the site and the density and use of lots in the neighborhood.

b.

The impact of the proposed plat or subdivision, and proposed development, on the environment, including but not limited to, topography, steep slopes, vegetation, naturally occurring lakes, ponds and streams, susceptibility of the site to erosion and sedimentation, susceptibility of the site to flooding and water storage needs on and from the site.

c.

The consistency of the proposed plat or subdivision, and proposed development, and compliance by the proposed plat or subdivision, and the proposed development, with the policies, objectives, and goals of the comprehensive plan.

d.

The compliance of the proposed plat or subdivision, and the proposed development with the policies, objectives, goals and requirements of chapter 36 including, without limitation, the lot size provisions and the floodplain overlay district provisions of chapter 36.

e.

The impact of the proposed plat or subdivision, and proposed development on the health, safety and general welfare of the public.

f.

The relationship of the design of the site, or the improvements proposed and the conflict of such design or improvements, with any easements of record or on the ground.

g.

The relationship of lots in the proposed plat or subdivision to existing streets and the adequacy and safety of ingress to and egress from such lots from and to existing streets.

h.

The adequacy of streets in the proposed plat or subdivision, and the conformity with existing and planned streets and highways in surrounding areas. Streets in the proposed plat or subdivision shall be deemed inadequate if designed or located so as to prevent or deny public street access to adjoining properties, it being the policy of the city to avoid landlocked tracts, parcels or lots.

i.

The suitability of street grades in relation to the grades of lots and existing or future extension of the city's water, storm and sanitary sewer systems.

j.

The adequacy and availability of access by police, fire, ambulance and other life safety vehicles to all proposed improvements to be developed on the proposed plat or subdivision.

k.

Whether the proposed plat or subdivision, or the improvements proposed to be placed thereon are likely to cause substantial environmental damage.

(Code 1970; Code 1992, § 850.11(5); Ord. No. 2014-25, § 4, 2-17-2015, eff. 7-1-2015)

The minimum requirements for building coverage, impervious surface lot coverage, setbacks, and height in the Single Dwelling Unit District (R-1) are as follows:

(1)

Building coverage.

a.

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.

b.

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.

c.

Combined total area. 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.

d.

Building coverage shall include all principal or accessory buildings, including, but not limited to:

1.

Decks. The first 150 square feet of an unenclosed deck shall not be included when computing building coverage.

2.

Gazebos.

3.

Balconies.

4.

Breezeways.

5.

Porches.

e.

The following improvements shall be excluded when computing building coverage:

1.

Unenclosed steps and stoops less than 50 square feet.

2.

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

(2)

Impervious surface lot coverage. Impervious surface lot coverage shall be limited to a maximum of 50 percent.

(3)

Setbacks.

** See subsection 36-439(1) below for required setback 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.

(4)

Height.

(Code 1970; Code 1992, § 850.11(6); Ord. No. 2013-7, § 3, 8-5-2013; Ord. No. 2013-12, §§ 4, 5, 12-3-2013; Ord. No. 2015-07, § 6, 5-19-2015; Ord. No. 2022-01, § 2, 1-19-2022; Ord. No. 2024-02, § 3, 4-16-2024)

Editor's note— Section 2 of Ord. No. 2022-01, adopted Jan. 19, 2022, changed the title of § 36-438 from "Requirements for building coverage, setbacks and height" to read as herein set out.

In addition to the general requirements described in article XII, division 2 of this chapter, the following special requirements shall apply in the Single Dwelling Unit District (R-1):

(1)

Special setback requirements for single dwelling unit lots.

a.

Established front street setback. 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, the front street setback for any lot shall be determined as follows:

1.

If there is an existing dwelling unit on an abutting lot on only one side of the lot that has a front street setback on the same street, the front street setback requirement shall be the same as the front street setback of the dwelling unit on the abutting lot on the same street; or the front street setback shall be the average front street setback of all other dwelling units on the same side of that street, between intersections.

2.

If there are existing dwelling units on abutting lots on both sides of the lot that both have a front street setback on the same street, the front street setback shall be the average of the front street setbacks of the dwelling units on the two abutting lots on the same street; or the front street setback shall be the average front street setback of all other dwelling units on the same side of that street, between intersections.

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.

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.

d.

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.

e.

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.

f.

Sidewall articulation for a principal structure. In order to avoid the monotonous appearance of long, unbroken building facades from abutting properties, the length of an exterior side wall shall not exceed 30 feet without a) a minimum of at least a one-foot deep by ten-foot-wide offset (projecting or recessed) or b) a combination of at least two of the following architectural or utilitarian features within every 30 feet or less:

1.

Structural windows, doors, awnings or canopies.

2.

Projecting bay or box windows.

3.

Stoops.

4.

Porches.

5.

Chimneys (minimum depth of one foot).

6.

Balconies.

7.

Pilasters.

8.

Second story roof overhang (at least 20 percent of the façade length).

9.

Port-cocheres (a roofed structure extending from the building over an adjacent driveway that vehicles drive through, typically sheltering those getting out of vehicles or as a passageway to a garage).

(2)

Accessory dwelling units shall comply with the following:

a.

Accessory dwelling units shall only be permitted on lots where the principal use is a single dwelling unit building.

b.

There shall be no more than one accessory dwelling unit permitted per lot.

c.

Accessory dwelling units may be attached to, detached from, or internal to a single dwelling unit building. Accessory dwelling units must be fully separated from the principal dwelling unit by means of a wall or floor and have a separate entrance than the principal dwelling unit. The separating wall may have a door connecting the accessory dwelling unit to the principal dwelling unit.

d.

The accessory dwelling unit shall not be sold independently of the principal dwelling unit and may not be a separate tax parcel.

e.

Rental of either the accessory dwelling unit or principal dwelling unit requires a rental license pursuant to chapter 10 of the City Code. Only one unit (either the accessory dwelling unit or principal dwelling unit) may be rented at one time.

f.

Accessory dwelling units shall not exceed 1,000 square feet of floor area except that an accessory dwelling unit located within an existing basement of a single dwelling unit building may occupy the entire basement.

g.

The accessory dwelling unit and principal dwelling unit must comply with all current Minnesota Residential Code provisions.

h.

The accessory dwelling unit must be connected to municipal sewer and water. Connections for water and sanitary sewer shall be provided from service lines shared with the principal dwelling unless otherwise approved by the Public Works Director.

i.

Accessory dwelling units that are attached or internal to the single dwelling unit building shall be subject to the following:

i.

Shall abide by the height and setback requirements for the single dwelling unit building.

ii.

The creation of the accessory dwelling unit shall not result in additional entrances facing the public street.

iii.

Exterior stairs leading to an accessory dwelling unit are not allowed on the front of the single dwelling unit building.

j.

Accessory dwelling units that are detached from the single dwelling unit building shall be subject to the following:

i.

Shall be located behind the rear building line of the single dwelling unit building.

ii.

Rooftop decks are not permitted.

(3)

Reserved.

(4)

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.

(5)

Parking ramps prohibited. No parking ramp shall be constructed in the R-1 district.

(6)

Temporary retail sales of evergreen products from conditional use properties. The city manager may grant a permit for temporary retail sales of evergreen products, if:

a.

The owner of the property or other nonprofit 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.

(7)

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, unless one of the conditions in (8) below exists on the site. If a split-level dwelling is torn down and a new home is built, the first- floor elevation of the dwelling unit being torn down is deemed to be the lowest elevation of an entrance to the dwelling, excluding entrance to the garage and entrances that do not face a street.

(8)

If one of the conditions below exist on site, the one-foot requirement in (7) above could be increased to the minimum extent possible, as long as the low floor elevation is no higher than 2.5 feet above the high-water elevation and the basement ceiling height is no taller than nine feet.

a.

There is a 100-year flood elevation, as established by the Federal Emergency Management Agency (FEMA), or the city's comprehensive water resource management plan; or

b.

The first-floor elevation may be increased to the extent necessary to reasonably protect the dwelling from groundwater intrusion. Existing and potential groundwater elevations shall be determined in accordance with accepted hydrologic and hydraulic engineering practices. Determinations shall be undertaken by a professional civil engineer licensed under Minn. Stats. ch. 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

c.

The first-floor elevation may be increased to the extent necessary to allow the new building to meet the state building code, this Code or other statutory requirements.

d.

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.

(Code 1970; Code 1992, § 850.11(7); Ord. No. 2013-7, § 4, 8-5-2013; Ord. No. 2013-12, § 6, 12-3-2013; Ord. No. 2014-18, §§ 1, 2, 11-18-2014; Ord. No. 2015-07, § 7, 5-19-2015; Ord. No. 2022-01, § 3, 1-19-2022; Ord. No. 2024-02, § 3, 4-16-2024)

The principal uses permitted in the Double Dwelling Unit District (R-2) are buildings containing two dwelling units.

(Code 1970; Code 1992, § 850.12(7))

The accessory uses permitted in the Double Dwelling Unit District (R-2) are as follows:

(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.

(Code 1970; Code 1992, § 850.12(2))

Editor's note— Ord. No. 2018-04, § 2, adopted Feb. 21, 2018, repealed former § 36-464 which pertained to conditional uses, and derived from the 1970 Code, § 850.12(3).

The requirements for lot area and dimension in the Double Dwelling Unit District (R-2) are as follows:

(1)

Minimum lot area, per double dwelling unit building: 15,000 square feet.

(2)

Minimum lot width: 90 feet.

(Code 1970; Code 1992, § 850.12(4))

(a)

The requirements for building coverage, setbacks and height in the R-2 Double Dwelling Unit District are as follows:

(1)

Maximum building coverage: 25 percent.

(2)

Setbacks (subject to the provisions of subsection (d) of this section).

a.

Principal use buildings.

1.

Front street setback: 30 feet.**

2.

Side street setback: 15 feet.

3.

Interior side yard setback: ten feet.

4.

Rear yard setback: 35 feet.

b.

Accessory buildings and structures. Setbacks for accessory buildings and structures shall be the same as those required by this chapter for building and structures accessory to single dwelling unit buildings in the R-1 district.

**See subsection 36-439(1) for required setback 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.

(3)

Height: 2½ stories or 35 feet, whichever is less.

(b)

The maximum height to the highest point on a roof of a double dwelling unit shall be 35 feet. The maximum height may be increased by one inch for each foot that the lot exceeds 75 feet in width. In no event shall the maximum height exceed 40 feet.

(Code 1970; Code 1992, § 850.12(5); Ord. No. 2015-07, § 8, 5-19-2015)

(a)

Generally. In addition to the general requirements described in article XII, division 2 of this chapter, 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 any subdivision of 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, or shall have been granted a waiver thereof in accordance with article X of chapter 10.

(3)

Subdivided R-2 lots. A double dwelling unit building and lot may be subdivided pursuant to chapter 32 along the common party walls between the dwelling units, provided that:

a.

A building permit has been issued and the building foundation is in place;

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

d.

A rear yard not less than 25 feet in depth must be provided for each dwelling unit.

(b)

Subdivision of lot. If the conditions set forth in subsection (a) of this section cannot be met, the lot may be subdivided by means of a townhouse plat.

(1)

Special setback requirements for double dwelling unit buildings. Double dwelling unit buildings shall comply with the special requirements for single dwelling unit building setbacks, as provided in section 36-439(1).

(2)

Decks and patios. Notwithstanding the provisions of article XII, division 2 of this chapter, the first 200 square feet of an unenclosed deck or patio shall not be included when computing building coverage.

(3)

Reserved.

(4)

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

(Code 1970; Code 1992, § 850.12(6); Ord. No. 2015-07, § 8, 5-19-2015; Ord. No. 2022-01, § 4, 1-19-2022)

(a)

Legal description. The east 215 feet of the south 190 feet of the southeast quarter of Section 30, Township 28, Range 24, Hennepin County Minnesota; and

That part of Tract A, Registered Land Survey No. 677, Hennepin County, Minnesota, lying west of a line parallel with and 50 feet westerly of the east line of Section 31, Township 28, Range 24.

(b)

Approved plans.

(1)

6996 France. Incorporated herein by reference are the FE 70 LLC plans received by the city on February 24, 2012, March 2, 2012 and March 14, 2012, including the building plans, except as amended by city council Resolution No. 2012-39, on file in the office of the planning department under file number 2011-011.11a.

(2)

3901 70th Street. Incorporated herein by reference are the plans received by the city on August 26, 2016, including the building plans, except as amended by city council Resolution No. 2016-82, on file in the office of the planning department under file number 2016-0007a.

(c)

Principal uses. All principal uses allowed in the PCD-1 zoning district, except drive-through uses, bakeries, coffee shops. In addition the following uses are allowed:

(1)

Catering.

(2)

Clothing store over 2,500 square feet.

(3)

Department store.

(4)

Dry goods.

(5)

Electrical and appliance store.

(6)

Furniture store.

(7)

Medical offices up to a maximum of 7,950 square feet total for the site.

(8)

Office supplies.

(9)

Paint and wallpaper.

(10)

Sporting goods.

If the entire building at 6996 France is occupied by retail uses, then the mezzanine shall be turned into storage space and shall not be used for retail.

(d)

Accessory uses.

(1)

Off-street parking facilities.

(2)

Produce stands, pursuant to permit issued by the city manager.

(3)

Signs allowed per the PCD-1 district standards, except as follows:

a.

Wall signage on the two sides of the southeast corner of the building shall not exceed two feet by 13 feet in size.

b.

There shall be no window signage above the entry doors on the first level.

c.

The monument sign setback shall be three feet from the right-of-way.

(e)

Conditional uses. There are no conditional uses for Planned Unit Development District-1 (PUD-1).

(f)

Development standards. Development standards per the PCD-1 zoning district, except the following:

(1)

Building setbacks.

6996 France

a.

Front—France Avenue: 16 feet.

b.

Side Street—70th Street: ten feet.

c.

Side—North: 39 feet.

d.

Rear—West: 68 feet.

3901 70th Street

a.

Front—France Avenue: 16 feet.

b.

Side Street—70th Street: 15 feet.

c.

Side—South: 45 feet.

d.

Rear—West: 68 feet.

(2)

Parking lot setbacks.

a.

Front.

1.

France Avenue: ten feet.

2.

70th Street: four feet.

b.

Side: four feet.

Zero feet on the west lot line of 3901 70th Street.

(3)

Building height: one story.

(4)

Maximum floor area ratio: 37 percent.

(g)

Drive-through uses. Coffee shops, bakeries and banks, medical office over 7,950 square feet, and retail space over 6,600 square feet shall be prohibited.

(Code 1970; Code 1992, § 850.23; Ord. No. 2016-08, § 1, 9-7-2016)

Editor's note— Ord. No. 2016-08, § 1, adopted Sept. 7, 2016, changed the title of § 36-488 from "Planned Unit Development District-1 (PUD-1), Phoenix Plaza at 6996 France Avenue" to read as herein set out.

(a)

Legal description. Lot 2, Block 1, Rembrandt Manor, Hennepin County, Minnesota.

(b)

Principal uses. Buildings containing four or more dwelling units which are senior citizen dwelling units or dwelling units that meet the criteria for senior citizen dwelling units, but which are occupied by a single adult with autism spectrum disorders (ASD) or by two individuals at least one of whom has ASD.

(c)

Accessory uses. The following are allowed within the PSR-4, Planned Senior Residential Zoning District:

(1)

Accessory uses.

(2)

Signs.

(d)

Development standards. Development standards for the PSR-4 zoning district shall apply.

(Ord. No. 2012-21, § 1, 12-4-2012)

(a)

Legal description.

(1)

All of Lot 4 and the easterly 56.44 feet of Lot 3, Block 2, Southdale Office Park Second Addition, Hennepin County, Minnesota; and

(2)

Lot 3, Block 2, except the easterly 56.44 feet thereof, Southdale Office Park Second Addition, Hennepin County, Minnesota.

(b)

Approved plans. Incorporated herein by reference are the 6500 France Aurora on France plans received by the city on October 15 and 27, 2014 except as amended by city council Resolution No. 2014-152, on file in the office of the planning department under file number 2012.003.14a.

(c)

Principal uses.

(1)

All principal uses allowed in the Regional Medical District (RMD) zoning district, except drive-through uses.

(2)

Senior independent, assisted living/nursing home, transitional care suites and memory care suites as proposed in the approved plans above.

(d)

Accessory uses. The following are the accessory uses allowed in the Regional Medical District (RMD):

(1)

Off-street parking facilities.

(2)

Produce stands, pursuant to permit issued by the city manager.

(3)

Signs allowed per the Regional Medical District.

(e)

Conditional uses. There are no conditional uses for Planned Unit Development District-3 (PUD-3).

(f)

Development standards. Development standards per the RMD zoning district, except the following:

(1)

Building setbacks.

a.

Front.

1.

France Avenue: 25 feet.

2.

65th Street: 25 feet.

b.

Side—West: 43 feet.

c.

Rear—South: 20 & 30 feet.

(2)

Reserved.

(3)

Building height: five stories or 62 feet.

(4)

Maximum floor area ratio: 220 percent.

(5)

Chiller/mechanical equipment setbacks. If the footprint is larger than 36 square feet in area or six feet in height, utility and/or mechanical equipment shall be required to meet the front setback requirements in subsection (f)(1) of this section. The side and rear setback requirements shall be six feet. Mechanical equipment must also meet the following conditions:

a.

All mechanical equipment accessory to any building shall be screened from all lot lines and streets in accordance with section 36-1459.

b.

Noise from mechanical equipment shall be subject to the city's noise regulations in accordance with article II, division 5 of chapter 16.

(6)

Signage per article XIII, division 5 section 36-1715 (Regional Medical District).

(Ord. No. 2012-23, § 1, 12-18-2012; Ord. No. 2014-24, § 1, 12-2-2014)

Editor's note— Section 1 of Ord. No. 2014-24, adopted Dec. 2, 2014, changed the title of § 36-490 from "Planned Unit Development District-3 (PUD-3), Edina Medical Building" to read as herein set out.

(a)

Legal description. Lots 1 through 4, Block 1, 71 France Addition, Hennepin County.

(b)

Approved plans. Incorporated herein by reference are the redevelopment plans received by the city on April 26, 2013, except as amended by city council Resolution No. 2013-45, on file in the office of the planning department under file number 2013-004.13a.

(c)

Principal uses. All principal and conditional uses allowed in the Planned Commercial District-3 (PCD-3).

(d)

Accessory uses. All accessory uses allowed in the Planned Commercial District-3 (PCD-3).

(e)

Conditional uses. There are no conditional uses allowed in the Planned Unit Development District-4 (PUD-4).

(f)

Development standards. Development standards per the PCD-3 zoning district, except the following:

(1)

Building setbacks.

a.

Front.

1.

France Avenue: 50 feet.

2.

Hazelton Road: 24 feet.

b.

Side.

1.

North: 22 feet.

2.

East (lot line setback): 46 feet.

3.

East (promenade setback).

(i)

11 feet (story 1).

(ii)

22 feet (stories 2 through 8).

c.

Rear-South.

1.

11 feet (story 1).

2.

40 feet (stories 2 through 8).

(2)

Building height: eight stories or 108 feet.

(3)

Maximum floor area ratio: 80 percent.

(4)

Parking stalls.

a.

Residential: 350 enclosed and 33 surface.

b.

Retail: 314 stalls.

(5)

Signage.

(Ord. No. 2013-6, § 1, 6-4-2013)

(a)

Legal description:

(1)

Lot 3, 4, 5 and 6, and all that part of Lots 9, 10, 11 and 12 lying North of State Highway No. 5, Block 4, Tingdale Bros.' Brookside, except that part of Lot 12 which lies southeasterly of the following described line: Beginning at a point on the east line of said Lot 12 distant 35 feet south of the northeast corner thereof; thence run southwesterly to the southwest corner of the above described Lot 12 and there terminating together with:

a.

A 25-foot wide strip of land lying east of the Minneapolis, Northfield and Southern Railroad between West 49th Street and Vernon Avenue in Section 28, Township 117 North, Range 21 West, Hennepin County, Minnesota.

b.

Being Torrens Property, Certificate Number: 577550.

(2)

Lots 7 and 8, Block 4, Tingdale Bros.' Brookside, except that part of said Lot 8 described as follows: Beginning at a point on the east boundary of said Lot 8 distant 28 feet north of the southeast corner thereof; thence south along said east boundary 28 feet; thence west along the south boundary of said lot, 50 feet; thence north along the west boundary of said lot, 12 feet; thence northeasterly to the point of beginning, including any part or portion of any street or alley adjacent to said premises vacated or to be vacated, Hennepin County, Minnesota.

(b)

Approved plans. Incorporated herein by reference are the re-development plans received by the city on July 25, 2017 except as amended by City Council Resolution No. 2017-81 on file in the office of the planning department under file number 2013-005.17a.

(c)

Principal uses. Residential buildings containing 12 or fewer units.

(d)

Accessory uses.

(1)

All accessory uses allowed in the R-2, Double Dwelling Unit District.

(2)

Signs allowed per the Planned Residential District.

(e)

Conditional uses. There are no conditional uses for Planned Unit Development District-5 (PUD-5).

(f)

Development standards. Development standards per the PRD-2 Zoning District, except the following:

(1)

Building setbacks.

a.

Front.

1.

49th Street:

(i)

14 feet-structure (east building).

5 feet-structure (west building).

(ii)

6 feet-stair.

2.

Vernon: 3 feet.

b.

Side—East: 15 feet.

c.

Rear— West: 10 feet.

(2)

Building height: 3½ stories 54 feet

(3)

Building coverage: 45 percent.

(4)

Parking stalls (Residential): 2 enclosed stalls per unit.

(Ord. No. 2013-8, § 1, 8-20-2013; Ord. No. 2017-06, § 1, 8-16-2017)

Editor's note— Ord. No. 2017-06, § 1, adopted Aug. 16, 2017, changed the title of § 36-492 from "Planned Unit Development District-5 (PUD-5), 5109-5125 West 49th Street (Vernon Townhomes)" to read as herein set out.

(a)

Legal description. (Per Certificate of Title No. 1159936). All that part of vacated West 67th Street dedicated in the plat of "York Terrace" lying West of a line drawn from the Southeast corner of Tract Q, Registered Land Survey No. 432 to the Northeast corner of Tract P of said Registered Land Survey and lying East of a line drawn from the Southwest corner of said Tract Q to the Northwest corner of Tract P; and All that part of vacated York Avenue South, dedicated in the plat of "York Terrace", and all that part of Tract P, Registered Land Survey No. 432, and all that part of Tract F, Registered Land Survey No. 629, lying North of the following described line: Beginning at the Northwest corner of Lot 5, Block 2, "York Terrace", thence running Westerly parallel with the South line of vacated West 68th Street dedicated in the plat of "York Terrace", and its Westerly extensions to a point in the Westerly line of said Tract F, and there terminating, and all that part of said Tract F, all that part of Tract Q, Registered Land Survey No. 432, and all that part of vacated York Avenue South dedicated in the plat of "York Terrace", lying South of the following described line: Beginning at a point in the East line of said Tract Q, said point being 1.81 feet North of the Southeast corner of said Tract Q as measured along the East line thereof, thence running Westerly parallel with said South line of vacated West 68th Street and its Westerly extension to a point in the Westerly line of said Tract F, and there terminating; and

Lot 1, Block 2, "York Terrace" (Certificate of Title No. 193410); and

Lot 2, Block 2, "York Terrace" (Certificate of Title No. 1328257); and

Lot 3, Block 2, "York Terrace" (Certificate of Title No. 1100460); and

Lot 4, Block 2, "York Terrace" (Certificate of Title No. 1145680); and

Lot 5, Block 1, "York Terrace" (Certificate of Title No. 1380227); and part of vacated West 67h Street per City Resolution Doc. No. 4734665 Property is located in Hennepin County, Minnesota.

(b)

Approved plans. Incorporated herein by reference are the redevelopment plans received by the city on May 12, 2014, except as amended by City Council Resolution No. 2014-69, on file in the office of the planning department.

(c)

Principal uses. All principal uses allowed in the PCD-3, Planned Commercial-3 District (PCD-3) Multi-Family Residential.

(d)

Accessory uses. All accessory uses allowed in the PCD-3, Planned Commercial District-3 (PCD-3).

(e)

Conditional uses. All conditional uses allowed in the PCD-3, Planned Commercial District-3 (PCD-3) except multifamily residential.

(f)

Development standards. Development standards per the PCD-3 zoning district, except the following:

(1)

Building setbacks.

(g)

[Signs.] Signs shall be allowed per the PCD-3 standards in section 36-1714, with the exception that no signage shall be allowed on the Xerxes Avenue side of the development.

(Ord. No. 2014-6, § 1, 6-17-2014)

(a)

Legal description. The South 300 feet of Lot 2, as measured along the West line of said lot from the Southwest corner thereof in Block 3, Southdale Acres, Hennepin County, Minnesota. Torrens Property Certificate of Title No: 361393.

(b)

Approved plans. Incorporated herein by reference are the redevelopment plans received by the city on June 20, 2014 as amended by City Council Resolution No. 2014-139, on file in the office of the planning department.

(c)

Principal uses. Affordable housing with supportive services to assist residents with maintaining stability in housing and employment, as proposed and described by Beacon Interfaith Housing collaborative in their project description on file in the office of the planning department. Any change in use of the site will require an amendment to this section of the City Code.

All uses allowed in the POD-1 District, as listed in section 36-575 of the City Code.

(d)

Accessory uses. Off-street parking facilities.

(e)

Conditional uses. None.

(f)

Development standards. Development standards per the POD-1 zoning district, except the following:

Building Setbacks

(g)

Signs for POD-1 use shall be allowed per the POD-1 standards in Sec. 36-1714.

Signs for affordable housing with supportive services shall be allowed per section 36-1712.

(Ord. No. 2014-17, § 1, 11-18-2014; Ord. No. 2016-05, § 1, 5-3-2016)

(a)

Legal description. Lot 2, Block 1, Edina Office Center.

(b)

Approved plans. Incorporated herein by reference are the redevelopment plans received by the city on September 13 and 26, 2016, except as amended by City Council Resolution No. 2016-112 on file in the office of the planning department.

(c)

Principal uses.

All uses allowed in the POD-2 zoning district.

A freestanding restaurant.

(d)

Accessory uses. All accessory uses allowed in the POD-2 zoning district.

(e)

Conditional uses. All conditional uses allowed in the POD-2 zoning district.

(f)

Development standards. In addition to the development standards per the POD-2 zoning district, the following shall apply:

(g)

Signs shall be regulated per the POD-2 zoning district for the office uses and PCD-1 for the restaurant.

(Ord. No. 2015-8, § 1, 6-2-2015; Ord. No. 2016-17, § 1, 11-15-2016)

Editor's note— Section 1 of Ord. No. 2015-8, adopted June 2, 2015, enacted provisions designated as § 36-494. Inasmuch as § 36-494 already exists, said provisions have been redesignated as § 36-495.

(a)

Legal description. Lot 1, Block 1, Southdale Addition; and RLS Number 629 Tract B; and Lot 1, Block 1, York Terrace, Hennepin County, Mn.

(b)

Approved plans. Incorporated herein by reference are the redevelopment plans received by the city on June 14, 2017 except as amended by City Council Resolution No. 2016-124, on file in the office of the planning department.

(c)

Principal uses. All principal uses allowed in the PCD-3, Planned Commercial-3 District (PCD-3) Multi-Family Residential.

(d)

Accessory uses. All accessory uses allowed in the PCD-3, Planned Commercial District-3 (PCD-3)

(e)

Conditional uses. All conditional uses allowed in the PCD-3, Planned Commercial District-3 (PCD-3) except multifamily residential.

(f)

Development standards. Development standards per the PCD-3 Zoning District, except the following:

Building Setbacks

(g)

Signs shall be allowed per the PCD-3 standards in section 36-1714, with the exception that no signage shall be allowed on the Xerxes Avenue side of the building that directly faces residential uses. Signage may be allowed above the garage opening on Xerxes.

(Ord. No. 2016-21, § I, 12-6-2016; Ord. No. 2017-11, § 1, 9-6-2017)

Editor's note— Ord. No. 2017-11, § 1, adopted Sept. 6, 2017, changed the title of § 36-502 from "Planned Unit Development District-9 (PUD-9)—Gateway Pointe" to read as herein set out.

(a)

Legal description.

Parcel 1: 6550 York Ave S
Owner: 6550 York Avenue South, LLC
PID: 2902824240007
Current Zoning: POD-2

That part of Lot 5, Cassin's Outlot, Hennepin County, Minnesota, lying West of a line beginning at a point on the South line of said Lot 5, distant 219.1 feet West from the Southeast corner thereof and running Northerly to a point on the North line of said Lot 5, distant 221.1 feet West from the Northeast corner thereof and there terminating; and lying South of the South line of Cassin's Replat; and lying Northwesterly of the Northwesterly line of York Avenue South and Northerly line of West 66th Street, EXCEPT the West 229.86 feet thereof.

Abstract Property.

Together with non-exclusive appurtenant easements for parking and ingress and egress purposes as contained in the Cross Easement Agreement dated December 31, 2014, filed January 6, 2015, as Document No. 10151478 and 10151530.

AND

Parcel 2: 3250 66th St W
Owner: 3250 West 66th Street, LLC
PID: 2902824240005
Current Zoning: POD-1

The West 229.86 feet of that part of Lot 5, Cassin's Outlots, Hennepin County, Minnesota, lying West of a line beginning at a point on the South line of said Lot 5, distant 219.1 feet West from the Southeast corner thereof and running Northerly to a point on the North line of said Lot 5, distance 221.1 feet West from the Northeast corner thereof and there terminating; and lying South of the South line of Cassin's Replat, EXCEPT the North 116.5 feet thereof.

Abstract Property.

Together with non-exclusive appurtenant easements for parking and ingress and egress purposes as contained in the Cross Easement Agreement dated December 31, 2014, filed January 6, 2015, as Document No. 10151478 and 10151530.

AND

Parcel 3: Address Unassigned
Owner: 6550 York Avenue South, LLC
PID: 2902824240004
Current Zoning: POD-1

The North 116.5 feet of the West 229.86 feet of that part of Lot 5, Cassin's Outlots lying West of a line beginning at a point on the South line of said Lot 5, distant 219.1 feet West from the Southeast corner thereof and running Northerly to a point on the North line of said Lot 5, distant 221.1 feet West from the Northeast corner thereof and there terminating; and lying South of the South line of Cassin's Replat, Hennepin County, Minnesota.

Abstract Property.

Together with non-exclusive appurtenant easements for parking and ingress and egress purposes as contained in the Cross Easement Agreement dated December 31, 2014, filed January 6, 2015, as Document No. 10151478 and 10151530.

(b)

Approved plans. Incorporated herein by reference are the redevelopment plans received by the city on April 1, 2016, except as amended by City Council Resolution No. 2016-53, on file in the office of the planning division.

(c)

Principal uses.

All principal uses allowed in the POD, Planned Office Commercial District.

Retail uses allowed in the PCD-1 District.

Multi-Family Residential.

(d)

Accessory uses. All accessory uses allowed in the POD, Planned Office District- (POD).

(e)

Conditional uses. None.

(f)

Development standards. Development standards per the POD Zoning District, except the following:

(g)

Signs for office uses shall be allowed per the POD standards in section 36-1714. Signs for commercial uses shall be allowed per section 36-1714, PCD-1 regulations. Signs for residential uses shall be allowed per the section 36-1712 Residential Districts.

(Ord. No. 2016-07, § 1, 5-17-2016)

(a)

Legal description:

That part of the Southeast Quarter of Section 30, Township 28, Range 24 lying Easterly of the Westerly line of Valley View Road except that part thereof lying South of the North line, and its Westerly extension, of the plat of South Office Park First Addition.

(b)

Approved plans. Incorporated herein by reference are the re-development plans, including the master development plan for the site received by the City on October 7, 2016 except as amended by City Council Resolution No. 2016-121 and 2017-47 on file in the Office of the Planning Department.

(c)

Principal uses:

All uses allowed in the POD-2 Zoning District.

All uses allowed in the PCD-2 Zoning District.

Multifamily Residential.

(d)

Accessory uses:

All accessory uses allowed in the POD-2 Zoning District.

All accessory uses allowed in the PCD-2 Zoning District.

(e)

Conditional uses:

All conditional uses allowed in the POD-2 Zoning District.

All conditional uses allowed in the PCD-2 Zoning District.

(f)

Development standards. In addition to the development standards per the POD-2, and PCD-2 Zoning District, the following shall apply:

(g)

Signs shall be regulated per the POD-2 Zoning District for the office uses and PCD-2 for retail uses, and PRD, for the residential uses.

(h)

Twenty percent of all dwelling units shall be reserved for occupancy by residents whose median family income is equal to or less than 60 percent of the median family income for the Minneapolis, St. Paul statistical area, and limited to the maximum rates established and reported by the Minnesota Housing Finance Agency.

(i)

There shall be a site improvement performance agreement for each phase of development. No phase may be built without a site improvement performance agreement. Overall development phasing plan is an estimate. The specific phasing may not occur in the exact order identified on the phasing plan.

(Ord. No. 2016-19, § I, 5-2-2017)

Editor's note— Section 3 of Ord. No. 2016-19, adopted May 2, 2017 states "This ordinance is effective immediately, with the exception of section 36-504 regarding building height; that section shall be effective upon approval of the comprehensive plan amendment from the metropolitan council."

(a)

Legal description:

Parcel 1:       Center Ramp (East)       PID: 1802824140023       3925 W 49½ St W

All of Lot 30, Auditor's Subdivision No. 172, Hennepin County, Minnesota, except the East 1 foot thereof and except that part of Lot 30 lying South of a line drawn parallel with and 119.90 feet North of the South line of said Lot 30.

Hennepin County, Minnesota
Abstract Property

Parcel 2:       Center Ramp (East Center)       PID: 1802824140123       No address assigned

Lot 33, Auditor's Subdivision No. 172, according to the map or plat thereof on file and of record in the office of the County Recorder within and for said County, except that part described as follows: The South 119.9 feet of Lot 33, Auditor's Subdivision No. 172, according to the map or plat thereof on file and of record in the office of the County Recorder within and for Hennepin County, Minnesota.

Hennepin County, Minnesota
Abstract Property

Parcel 3:       Center Ramp (West Center)       PID: 1802824140120       No address assigned

The South Half of Lot 34 and the East 13 feet of the South Half of Lot 35, Auditor's Subdivision No. 172, Hennepin County, Minnesota, except that part thereof lying South of a line drawn parallel with and 126.0 feet North of the South lines of said Lots 34 and 35.

Hennepin County, Minnesota
Abstract Property

Parcel 4:       Surface Pkg/Center Ramp (West)       PID: 1802824140032       No address assigned

All that part of the South Half of Lot 35, Auditor's Subdivision No. 172, according to the recorded plat thereof, lying West of the East 13 feet thereof, except that part thereof lying South of a line drawn parallel with and 126.0 feet North of the South line of said Lot 35 and except that part of the Westerly 74.20 feet thereof lying South of a line drawn parallel with and 160.30 feet North of the South line of said Lot 35.

Hennepin County, Minnesota
Torrens Property

Parcel 5:       Surface parking       PID: 1802824140036       No address assigned

Par 1: All that part of the West 100 feet of the East 122 feet of the South Half of Lot 36, Auditor's Subdivision No. 172, Hennepin County, Minnesota, according to the recorded plat thereof, lying North of a line drawn parallel with and 150.30 feet North of the South line of said Lot 36.

Hennepin County, Minnesota
Abstract Property

Par 2: All that part of the East 22 feet of the South Half of Lot 36, Auditor's Subdivision No. 172, lying North of a line drawn parallel with and 150.30 feet North of the South line of said Lot 36.

Hennepin County, Minnesota
Torrens Property

Parcel 6:       Hooten Cleaner       PID: 1802824140035       3944 49.5 W

The East 85 feet of the West 120 feet of the East 172 feet of the South 150 feet of the North 1/2 of Lot 36, Auditor's Subdivision No. 172.

Hennepin County, Minnesota
Abstract Property

Parcel 7:       North Ramp (West side)       PID: 1802824140034       3940 49.5 W

The East 52 feet of the Southerly 150 feet of the North one-half of Lot 36, Auditor's Subdivision No. 172.

Hennepin County, Minnesota
Abstract Property

Parcel 8:       Edina Realty Site       PID: 1802824140026       3930 49½ St W

That part of the North ½ of Lot 34, Auditor's Subdivision No. 172, lying Southerly of the Westerly extension of the North line of the South 177.5 feet of Lot 32, except the West 14.75 feet thereof.

ALSO

The South 177.5 feet of Lot 32, Auditor's Subdivision No. 172.

Hennepin County, Minnesota
Abstract Property

Parcel 9:       North Ramp (East Side)       PID: 1802824140030       3936 49½ St W

Par 1: That part of the North Half of Lot 35, Auditor's Subdivision No. 172, lying South of Allata's First Addition, the West line of said parcel being marked by Judicial Landmarks set pursuant to Torrens Case No. 16224, according to the recorded plat thereof.

Hennepin County, Minnesota
Torrens Property

Par 2: The West 14.75 feet of that part of the North 1/2 of Lot 34, Auditor's Subdivision No. 172, Hennepin County, Minnesota, lying Southerly of the Westerly extension of the North line of the South 177.5 feet of Lot 32, said Auditor's Subdivision No. 172, according to the plat thereof on file and of record in the office of the Register of Deeds.

Hennepin County, Minnesota
Abstract Property

(b)

Approved plans. Incorporated herein by reference are the re-development plans, including the master development plan for the site received by the City on June 5, 2017 except as amended by City Council Resolution No. 2017-60 on file in the Office of the Planning Department.

(c)

Principal uses.

All uses allowed in the PCD-2 Zoning District.

Jazz clubs.

Multifamily Residential.

(d)

Accessory uses.

All accessory uses allowed in the PCD-2 Zoning District.

(e)

Conditional uses:

All conditional uses allowed in the PCD-2 Zoning District.

(f)

Development standards. In addition to the development standards per the PCD-2 Zoning District, the following shall apply:

(g)

Signs shall be regulated per the PCD-2 Zoning District for the retail uses and PRD, for the residential uses.

(h)

The wall murals on the buildings and parking ramps shall be for public art and shall not be used for signage.

(i)

Of the residential units, ten percent shall be at 60 percent area median income (AMI), subject to the terms in the land use restriction filed on the property.

(Ord. No. 2017-05, § 1, 6-20-2017)

(a)

Legal description:

Parcel 1:

That part of Government Lot 8, Section 28, Township 117, Range 21, described as beginning at a point on the North line of said Government Lot 8 distant 155 feet East from the Northwest corner thereof; thence East along said North line 125 feet; thence South parallel with the West line of said Government Lot 8 to the center line of Eden Avenue; thence Southwesterly along said center line to its intersection with a line drawn South and parallel with the West line of said Government Lot 8 from the point of beginning; thence North to the point of beginning. (TORRENS PROPERTY: Certificate of Title No. 356070)

Parcel 2:

That part of Government Lot 8, Section 28, Township 117, Range 21, in Hennepin County, Minnesota, described as follows: Beginning at a point on the North line of said Government Lot 8 distant 280 feet East, measured along said North line, from the Northwest corner thereof; thence East along said North line to the intersection with the Southerly extension of the centerline of Brookside Avenue, as shown on the plat of "Grand View Heights" on file and of record in the office of the Register of Deeds in and for Hennepin County, Minnesota; thence South along the Southerly extension of the centerline of said Brookside Avenue to the centerline of Eden Avenue (also known as Eden Prairie Road); thence Southwesterly along said centerline to its intersection with a line drawn South parallel with the West line of said Government Lot 8 from the point of beginning; thence North along said parallel line to the point of beginning. (ABSTRACT PROPERTY)

(b)

Approved plans. Incorporated herein by reference are the re-development plans, including the master development plan for the site received by the city on October 19, 2017, except as amended by city council Resolution No. 2017-109 on file in the office of the planning department.

(c)

Principal uses. All uses allowed in the PCD-2 Zoning District.
Senior Residential, including senior independent living.

(d)

Accessory uses. All accessory uses allowed in the PCD-2 Zoning District.

(e)

Conditional uses. All conditional uses allowed in the PCD-2 Zoning District.

(f)

Development standards. In addition to the development standards per the PCD-2 Zoning District, the following shall apply:

(g)

Signs shall be regulated per the PRD Zoning District.

(h)

Subject to the terms and conditions of that certain development agreement by and between the City of Edina and CRP/TCC AA II Edina, L.L.C. ("owner"), dated November 8, 2017, for a period of 15 years after the issuance of a certificate of occupancy for the residential building to be constructed by owner (or equal, including, temporary certificate of occupancy), ten percent of the rentable area of the apartment units shall be reserved for affordable housing for occupancy by residents whose income is equal to or less than 50 percent of the area median gross income (including adjustments for family size), for the Minneapolis-Saint Paul-Bloomington Metropolitan Statistical Area, as established and reported by the Minnesota Housing Finance Agency.

(Ord. No. 2017-09, § 1, 11-8-2017)

(a)

Legal description:

Lot 4, Block 1, Yorktown, Hennepin County, MN.

(b)

Approved plans. Incorporated herein by reference are the re-development plans, including the master development plan for the site received by the City on June 24, 2019 except as amended by City Council Resolution No. 2019-57 on file in the Office of the Planning Department.

(c)

Principal uses:

All uses allowed in the PCD-3 Zoning District
Multi-family Apartments/Condos.

(d)

Accessory uses:

All accessory uses allowed in the PCD-3 Zoning District.

(e)

Conditional uses:

All conditional uses allowed in the PCD-3 Zoning District.

(f)

Development standards. In addition to the development standards per the PCD-3 Zoning District, the following shall apply:

(g)

Signs shall be regulated per the PRD Zoning District.

(h)

All new development must conform to the city's affordable housing policy as determined by the City Council.

(Ord. No. 2018-7, § 1, 10-16-2018; Ord. No. 2019-12, § I, 8-7-2019)

(a)

Legal description:

Parcel 1:

Lots 1 and 2 and that part of Lot 6 described as follows: Commencing at the most Northerly corner of said Lot 6; thence South along the East line of said lot; 40.62 feet; thence Northwesterly 30.2 feet to a point on the Northerly line of said Lot 6, distant 27.19 feet Westerly from the point of beginning; thence Northeasterly to the point of beginning, all in Block 2, "Fairbairn's Rearrangement" in Waveland and Waveland Park, including all of the vacated alley which lies North of the South line of said Lot 2 extended West, Hennepin County, Minnesota. (Abstract Property) Parcel 2:

Lots 3, 4 and 5;

That part of Lot 6, described as follows: Commencing on the Easterly line of said Lot at a point distant 40.62 feet Southerly from the most Northerly corner of said Lot, thence Northwesterly 30.2 feet to a point on the Northwesterly line of said Lot distant 27.19 feet Southwesterly from the most Northerly corner of said Lot; thence Southwesterly along the Northwesterly line of said Lot to the most Westerly corner of said Lot, thence Southeasterly along the Southwesterly line of said Lot to the most Southerly corner of said Lot, thence Northerly along the Easterly line of said Lot to the point of beginning;

That part of the alley now vacated, described as follows: Commencing at the point of intersection of the center line of alley, now vacated with the North line of Lot 3 extended Westward, thence East on said extended line to the Northwest corner of said Lot 3, thence along the Easterly line of said alley to the most Southerly corner of Lot 5, thence Southwesterly along an extension of the Southeasterly line of said Lot to the center line of said alley, thence Northwesterly along the center line of said alley to a point of its intersection with a line erected to bisect the angle existing in the Westerly line of said alley, thence Southwest along said line to the West line of said alley, thence North along said West line to a point in said line 40.62 feet South of the most Northerly corner of Lot 6, the same being the point of intersection to said West line of alley with the extension Westward of the North line of Lot 3, thence East along said extended line to the point of beginning;

All in Block 2, "Fairbairn's Rearrangement" In Waveland and Waveland Park (Torrens Property) Parcel A:

Lot 7, Block 2, Fairbairn's Rearrangement in Waveland and Waveland Park, Hennepin County, Minnesota. Together with that part of the adjacent vacated alley that accrued thereto by reason of the vacation thereof. (Abstract Property)

Parcel B:

Lot 8, Block 2, Fairbairn ^l s Rearrangement in Waveland and Waveland Park, Hennepin County, Minnesota. (Abstract Property)

(b)

Approved plans. Incorporated herein by reference are the re-development plans, including the master development plan for the site received by the City on July 27, 2018 except as amended by City Council Resolution No. 2018-137 on file in the Office of the Planning Department.

(c)

Principal uses:

All uses allowed in the PCD-1 Zoning District.
Multi-family Apartments/Condos.
Senior Housing

(d)

Accessory uses:

All accessory uses allowed in the PCD-1 Zoning District.

(e)

Conditional uses:

None

(f)

Development standards.

(g)

Signs shall be regulated per the Planned Commercial District Regulations.

(h)

Three units within the project must be provided for residents earning no more than 50 percent AMI for 15 years from the date of the certificate of occupancy.

(Ord. No. 2018-09, § 1, 12-18-2018)

Editor's note— Ord. No. 2018-09, § 1, adopted Dec. 18, 2018, enacted provisions designated as § 36-507. Inasmuch as § 36-507 already exists, and in order to preserve the sequential district numbering, said provisions have been redesignated as § 36-508 at the discretion of the editor.

(a)

Legal description:

Lot 44, Block 1, Oscar Roberts 1 ^st Addition, Hennepin County.

The North 325 Feet of the East 520 Feet of the Southeast 1/4 of the Northeast 1/4 Except Road. (7200 & 7250 France Avenue)

(b)

Approved Plans. Incorporated herein by reference are the re-development plans, including the master development plan for the site received by the City on January 10, 2023, except as amended by City Council Resolution No. 2023-11, City Council Resolution No. 2025-25 and City Council Resolution No. 2025-34, on file in the Office of the Planning Department.

(c)

Principal Uses:

All uses allowed in the PCD-2 Zoning District

Multi-family Apartments/Townhomes/Condos.

Hotel

(d)

Accessory Uses:

All accessory uses allowed in the PCD-2 Zoning District.

(e)

Conditional Uses:

All conditional uses allowed in the PCD-2 Zoning District.

(f)

Development Standards. In addition to the development standards per the PCD-2 Zoning District, the following shall apply:

(g)

Signs shall be regulated per the PCD Zoning District based on the use.

(h)

For any housing development, affordable housing units must be included in the project per the City's affordable housing policy at the time of final approval.

(Ord. No. 2024-05, § 1, 4-16-2025)

(a)

Legal description:

All of the following described land:

Those parts of Tracts A and B lying Southerly of the following described line: Beginning at a point on the West line of said Tract B distant 220 feet North of the Southwest corner thereof; thence run Northeasterly to a point on the North line of said Tract B distant 170 feet West of the Northeast corner thereof; thence run Northeasterly to a point on the East line of said Tract A distant 40 feet North of the Southeast corner thereof and there terminating.

Tract C,

Tracts E and F, except those parts thereof lying Northerly of the following described line: Beginning at a point on the East line of Tract A, distant 40 feet North of the Southeast corner thereof; thence run Northeasterly to a point distant 120 feet West and 32 feet South of the Northeast corner of said Tract E; thence run Easterly parallel with the North line of said Tract E for 30 feet; thence deflect to the left at an angle of 90 degrees 00 minutes 00 seconds for 12 feet; thence run Easterly and Southeasterly parallel with the Northerly and Northeasterly lines of said Tracts E and F to its intersection with the following described line: Beginning at a point on the Southwesterly line of Tract S distant 105 feet Southeasterly of the West line of said Tract S (when measured along said Southwesterly line); thence run Southwesterly at right angles to said Southwesterly line for 100 feet and there terminating,

Tract G, except the East 58 feet of the Southerly 300 feet thereof,

That part of Tract H, lying North of the South 300 feet thereof;

All in Registered Land Survey No. 1050, Hennepin County, Minnesota.

Torrens Property—Certificate of Title No. 1362156.

Added property:

Together with: (Parcels not included in First American Title Insurance Company Title Commitment Number NCS-904068-MPLS, but included as part of this survey)

The East 58 feet of the southerly 300 feet of Tract G and

That part of Tract H, lying south of the South 300 feet thereof, both in Registered Land Survey No. 1050, Files of the Registrar of Titles in and for Hennepin County, Minnesota.

(b)

Approved plans. Incorporated herein by reference are the re-development plans, including the master development plan for the site received by the City on January 17, 2019 except as amended by City Council Resolution No. 2019-17 on file in the Office of the Planning Department.

(c)

Revised plans. Incorporated herein by reference are the revised plans for 4911 77th Street West as approved by City Council Resolution No. 2021-61 on file in the office of the Planning Department.

(d)

Principal uses:

All uses allowed in the MDD-6 Zoning District.

Multi-family Apartments/Condos.

(e)

Accessory uses:

All accessory uses allowed in the MDD-3-6 Zoning District.

(f)

Conditional uses:

All conditional uses allowed in the MDD-3-6 Zoning District.

(g)

Development standards.

(h)

Signs shall be regulated per the Mixed Development District. Signs for the First Bank and Trust located on Lot 4, shall be allowed per their approved site plan, including the non-street front wall signage facing the interior of the development.

(i)

Ninety percent of the parking stalls within the development shall be available to all uses within the development.

(j)

Ten percent of the units must be provided for affordable housing for families or individuals earning 60 percent area median income (AMI) for the Twin Cities.

(Ord. No. 2018-11, § I, 8-7-2018; Ord. No. 2019-03, § I, 2-20-2019; Ord. No. 2021-10, § 1, 8-17-2021; Ord. No. 2022-19, § 1, 12-6-2022)

Editor's note— At the discretion of the editor, former § 36-508 has been redesignated as § 36-510 in order to preserve the sequential district numbering within the Code.

(a)

Legal description:

Lot 2, Block 1, AMUNDSON'S TERRACE
AND That part of the most Northerly 70 feet of Tract B, REGISTERED LAND SURVEY NO. 1193, Hennepin County, Minnesota lying West of the Southerly extension of the East line of Lot 2, Block 1, AMUNDSON TERRACE.

(b)

Approved plans. Incorporated herein by reference are the re-development plans, dated April 5, 2019, except as amended by City Council Resolution No. 2020-27 on file in the Office of the Planning Department.

(c)

Principal uses:

Multi-family Apartments/Townhomes/Condos.

(d)

Accessory uses:

All accessory uses allowed in the PCD-1 Zoning District.

(e)

Conditional uses:

None.

(f)

Signs shall be regulated per the PCD Zoning District.

(g)

Income levels for all dwelling units shall be limited such that the average household income is 60 percent or less of the Area Median Income for a minimum of 40 years from the date of the Certificate of Occupancy.

(h)

Development standards. In addition to the development standards per the PCD-1 Zoning District, the following shall apply:

(Ord. No. 2019-11, § 1, 2-19-2020)

Editor's note— Ord. No. 2019-11, § 1, adopted Feb. 19, 2020, enacted provisions designated as § 36-507. Inasmuch as § 36-507 already exists, said provisions have been redesignated as § 36-511 at the discretion of the editor.

(a)

Legal description:

Tract J, Registered Land Survey No. 1129

(b)

Approved Plans. Incorporated herein by reference are the re-development plans, dated February 7, 2020 except as amended by City Council Resolution No. 2020-32 on file in the Office of the Planning Department.

(c)

Principal Uses:

Multi-family Apartments/Townhomes/Condos.

(d)

Accessory Uses:

All accessory uses allowed in the PCD-1 Zoning District.

(e)

Conditional Uses:

None

(f)

Signs shall be regulated per the PCD Zoning District.

(g)

Income levels for all dwelling units shall be limited such that the average household income is 60 percent or less of the Area Median Income for a minimum of 40 years from the date of the Certificate of Occupancy.

(h)

Development Standards. In addition to the development standards per the PID Zoning District, the following shall apply:

(Ord. No. 2022-08, § 1, 10-6-2022; Ord. No. 2019-17, § 1, 3-4-2020)

(a)

Legal description:

Lot 44, Block 1, Oscar Roberts 1 ^st Addition, Hennepin County.

The North 325 Feet of the East 520 Feet of the Southeast 1/4 of the Northeast 1/4 Except Road. (7200 & 7250 France Avenue)

(b)

Approved Plans. Incorporated herein by reference are the re-development plans, including the master development plan for the site received by the City on January 10, 2023 except as amended by City Council Resolution No. 2023-11 on file in the Office of the Planning Department.

(c)

Principal Uses:

All uses allowed in the PCD-2 Zoning District

Multi-family Apartments/Townhomes/Condos.

Hotel

(d)

Accessory Uses:

All accessory uses allowed in the PCD-2 Zoning District.

(e)

Conditional Uses:

All conditional uses allowed in the PCD-2 Zoning District.

(f)

Development Standards. In addition to the development standards per the PCD-2 Zoning District, the following shall apply:

(g)

Signs shall be regulated per the PCD Zoning District based on the use.

(h)

For any housing development, affordable housing units must be included in the project per the City's affordable housing policy at the time of final approval.

(Ord. No. 2021-13, § 1, 6-21-2022)

Editor's note— Ord. No. 2021-13, § 1, adopted June 21, 2022, enacted provisions designated as § 36-504. Inasmuch as section so numbered already exists, said provisions have been redesignated as § 36-513, at the discretion of the editor.

(a)

Legal description: Tract A and C, Registered Land Survey No. 1501 Hennepin County Minnesota.

(b)

Approved plans. Incorporated herein by reference are the re-development plans, including the master development plan for the site received by the city on October 5, 2021 except as amended by City Council Resolution No. 2021-97 on file in the Office of the Planning Department.

(c)

Principal uses:

All uses allowed in the PCD-1 Zoning District

Multifamily Residential

(d)

Accessory uses:

All accessory uses allowed in the PCD-1 Zoning District.

All accessory uses allowed in the PCD-1 Zoning District

(e)

Conditional uses:

None

(f)

Development standards. In addition to the development standards per the PCD-1 Zoning District, the following shall apply:

(g)

Signs shall be regulated per the PCD-1 Zoning District for the retail uses, and PRD, for the residential uses.

(h)

The residential housing on the site shall include ten percent of all the dwelling units to meet the city's definition of affordable housing.

(Ord. No. 2020-04, § 1, 12-6-2022; Ord. No. 2021-03, § 1, 11-3-2021)

Editor's note— Ord. No. 2020-04, § 1, adopted Dec. 6, 2022, set out provisions intended for use as § 36-507. Inasmuch as there were already provisions so designated, said section has been codified herein as § 36-514 at the discretion of the editor.

(a)

Legal description:

The South Half of Lot 8 and all of Lots 9, 10, 11 and 12, Block 9, Brookside Heights, Hennepin County, Minnesota

(b)

Approved plans. Incorporated herein by reference are the re-development plans, dated May 4, 2020 except as amended by City Council Resolution No. 2020-92 on file in the office of the planning department.

(c)

Principal uses:

Multi-family townhomes/condos.

(d)

Accessory uses:

All accessory uses allowed in the R-1 Zoning District.

(e)

Conditional uses:

None.

(f)

Signs shall be regulated per the R-1 Zoning District.

(g)

Development standards. In addition to the development standards per the R-1 Zoning District, the following shall apply:

(Ord. No. 2020-04, § 1, 12-6-2022)

(a)

Legal description: Tract A, Registered Land Survey No. 1218 Hennepin County Minnesota.

(b)

Approved plans. Incorporated herein by reference are the re-development plans, including the master development plan for the site received by the City on April 22 and September 9, 2021 except as amended by City Council Resolution No. 2021-76 on file in the Office of the Planning Department.

(c)

Principal uses:

Office and Medical Office

Multifamily Residential

(d)

Accessory uses:

All accessory uses allowed in the PCD-1 Zoning District.

(e)

Conditional uses:

None.

(f)

Development standards.

(g)

Signs shall be regulated per the PCD-1 Zoning District for the retail uses, and PRD, for the residential uses. Signs shown on the final development plans shall be allowed.

(Ord. No. 2021-06, § 1, 9-21-2021)

(a)

Legal description:

Lot 3, Block 7, Yorktown Addition, Hennepin County Minnesota

(PID #3202824230004)

(b)

Approved Plans. Incorporated herein by reference are the re-development plans, including the master development plan for the site received by the City on September 3 ^rd , 2024 except as amended by City Council Resolution No. 2024-60 on file in the Office of the Planning Department.

(c)

Principal Uses:

Office

Medical Office

Multifamily Residential

All uses allowed in the PCD-3 Zoning District for the first floor within each building.

(d)

Accessory Uses:

None

(e)

Conditional Uses:

None

(f)

Development Standards.

(g)

Signs for the retail and office space shall be regulated per the PCD-3 Zoning District and for the residential use the PRD Zoning District.

(h)

The residential housing on the site shall include ten percent of all the dwelling units to meet the City's definition of affordable housing at the time of approval.

(Ord. No. 2024-07, § 1, 10-1-2024)

Editor's note— Ord. No. 2024-07, § 1, adopted October 1, 2024, set out provisions intended for use as § 36-517. Inasmuch as there were already provisions so designated, said section has been codified herein as § 36-519 at the discretion of the editor.

The Planned Resident District shall be divided into the following subdistricts:

(Code 1970; Code 1992, § 850.13(1))

The principal uses in the Planned Resident Districts (PRD, PSR) are as follows:

(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, also day care facilities licensed by the state.

(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.

(Code 1970; Code 1992, § 850.13(2))

The accessory uses in the Planned Resident Districts (PRD) are as follows:

(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 displays 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.

(Code 1970; Code 1992, § 850.13(3))

(a)

Required lot area. The area of the tract shall not be less than the sum of the required lot area for each dwelling unit adjusted by the allowances permitted or imposed by this subsection:

*The principal building in subdistrict PRD-5 shall not exceed a FAR of 1.2.

(b)

Schedule of allowances.

(1)

PRD-3.

a.

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.)

b.

Subtract 500 square feet for each dwelling unit, if all principal buildings conform to all specifications of type I or II construction, as defined in the state building code, as adopted by article III of chapter 10.

c.

Subtract 250 square feet for each dwelling unit, if at least a 500-foot spacing is maintained between each principal and accessory building and the nearest lot line of a lot in the R-1 district used for residential purposes.

d.

Add 500 square feet for each bedroom in excess of two in any one dwelling unit.

e.

Subtract 250 square feet for each dwelling unit, if the tract is within 2,000 feet of an accessible freeway interchange (nearest lot line to center of interchange).

(2)

PRD-4.

a.

All allowances permitted by subsection (b)(1) of this section.

b.

Subtract 250 square feet for each dwelling unit, if the tract is three acres or more in area.

c.

Subtract 250 square feet for each dwelling unit, if the total building coverage is less than ten percent.

(3)

PSR-3 and PSR-4.

a.

All allowances permitted by subsection (b)(2) of this section.

b.

Subtract 1,000 square feet for each senior citizen dwelling unit.

(Code 1970; Code 1992, § 850.13(4))

(a)

Maximum building coverage and FAR.

(b)

Setbacks. 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. The minimum setbacks are as follows:

*Front and side street setbacks for properties in the Greater Southdale District are subject to section 36-1276.

(c)

Maximum building height.

(Code 1970; Code 1992, § 850.13(5); Ord. No. 2015-07, § 9, 5-19-2015; Ord. No. 2020-10, § 1, 8-18-2020)

Usable lot area not less than the amount specified below shall be provided on the tract. This space must be easily accessible by residents of the principal building. The front yard and side yard established by the required front street or side street setback and areas occupied by driveways, parking areas and buildings shall not be included as usable lot area. Areas within the tract and dedicated by the tract owner to the general public shall be included in usable lot area computations.

(Code 1970; Code 1992, § 850.13(6))

In addition to the general requirements described in article XII, division 2 of this chapter, the following special requirements shall apply:

(1)

Minimum tract area. PRD-1: ten acres.

(2)

Reserved.

(3)

Efficiency dwelling units. Efficiency dwelling units shall be permitted only in subdistricts PRD-3 PRD-4, PSR-3 and PSR-4. Not more than ten percent of the dwelling units per building shall be efficiency dwelling units, in the PRD-3 and PRD-4 districts.

(4)

Maximum number of townhouses per building. Not more than eight townhouses per building shall be allowed.

(5)

Sewer and water connections for townhouses. Each townhouse shall be separately and independently connected to public sanitary sewer mains and water mains or shall have been granted a waiver thereof in accordance with article X of chapter 10.

(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 subsection (2) of this section, whichever is greater. Such facilities shall be indoor space and shall be conditioned for yearround 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, PRD-5 and PSR-4). The following minimum distance shall be provided between the closest point of the principal building in the PRD-4, PRD-5 and PSR-4 subdistricts and the nearest lot line of an R-1 district used for residential purposes. This requirement shall only apply to principal buildings four stories or more in height. The minimum distance to an R-1 district need not exceed 680 feet for buildings more than 100 feet in height.

Minimum Distance in Feet = 10(h-40) + 80

Where

h = Building height

(Code 1970; Code 1992, § 850.13(7); Ord. No. 2014-18, § 4, 11-18-2014)

The Mixed Development District shall be divided into the following subdistricts:

(Code 1970; Code 1992, § 850.14(1))

(a)

MDD-3, MDD-4 and MDD-5. The principal uses permitted in the MDD-3, MDD-4 and MDD-5 subdistricts are as follows:

(1)

Buildings containing not fewer than ten dwelling units or senior citizen dwelling units.

(2)

Publicly owned or operated civic or cultural institutions.

(3)

Publicly owned park and recreational facilities.

(4)

Offices, including business and professional offices, medical and dental offices, post offices, travel agencies and travel bureaus.

(5)

Financial institutions excluding pawn shops.

(6)

Publicly owned parking facilities.

(7)

Day care.

(8)

Suites hotels.

(b)

MDD-6. The principal uses permitted in the MDD-6 subdistrict are as follows:

(1)

All principal uses in the MDD-3, MDD-4 and MDD-5 subdistricts.

(2)

All principal uses in the PCD-1 and PCD-2 subdistricts, except:

a.

Animal hospitals and kennels.

b.

Automotive accessory shops.

c.

Clubs and lodge halls.

d.

Exterminating offices.

e.

Undertaking and funeral home establishments.

(3)

Health and athletic clubs.

(4)

Department stores or shopping centers exceeding 40,000 square feet.

(Code 1970; Code 1992, § 850.14(2))

The accessory uses permitted in the MDD-3 through MDD-6 subdistricts are as follows:

(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 passengers waiting and pickup facilities.

(Code 1970; Code 1992, § 850.14(3))

(a)

MDD-3, MDD-4 and MDD-5. The conditional uses permitted in the MDD-3, MDD-4 and MDD-5 subdistricts are as follows:

(1)

Privately owned recreational facilities other than those permitted in section 36-550(1).

(2)

Drive-through facilities.

(3)

All principal uses allowed in the PCD-1 and PCD-2 subdistricts, except:

a.

Animal hospitals and kennels.

b.

Automotive accessory stores.

c.

Clubs and lodge halls.

d.

Exterminating offices.

e.

Undertaking and funeral home establishments.

(b)

MDD-6. The conditional uses permitted in the MDD-6 subdistrict are as follows: commercial uses in residential buildings.

(Code 1970; Code 1992, § 850.14(4))

(a)

Allowed number of dwelling units.

(1)

Required lot area. The area of the tract shall not be less than the sum of the required lot area for each dwelling unit thereon, less the allowances permitted or imposed by this section.

(2)

Schedule of allowances. The schedule of allowances for the determination of density of required lot area stated in subsection (a)(1) of this section are calculated as follows:

a.

Subtract 500 feet for each required residential parking space within or under the principal building or otherwise completely underground.

b.

Add 500 square feet for each bedroom in excess of two in any one dwelling unit.

c.

Subtract 250 square feet for each dwelling unit, if total building coverage is less than 20 percent. (Buildings devoted to public or private parking, or an accessory recreational facility, shall be excluded from building coverage for purposes of this allowance.)

d.

Subtract 400 square feet for each dwelling unit, if the Mixed Development District includes a publicly owned park that is developed or programmed to be developed with recreational facilities or other facilities for the use and enjoyment of the general public.

e.

Subtract 600 square feet for each dwelling unit reserved for sale or rent to persons of low and moderate income, as defined by, and pursuant to an agreement approved by, the housing and redevelopment authority of the city.

(b)

Allowed nonresidential floor area. The gross floor area of all nonresidential uses, exclusive of publicly owned or operated civic, cultural and recreational facilities, transit facilities and uses accessory to residential principal uses, shall not exceed:

(1)

MDD-3, MDD-4 and MDD-5 subdistricts. 800 square feet of nonresidential gross floor area per dwelling unit shown on the approved overall development plan.

(2)

MDD-6 subdistrict. 3,650 square feet of nonresidential gross floor area per dwelling unit shown on the approved overall development plan for the entire subdistrict.

(Code 1970; Code 1992, § 850.14(5))

(a)

Maximum building coverage. The maximum building coverage for subdistricts MDD-3 through MDD-6 is 30 percent of the tract. Publicly owned buildings or structures shall be excluded from building coverage computations.

(b)

Maximum floor area ratio. Nonresidential uses shall not exceed a FAR of 0.5. Nonresidential uses and residential uses in the aggregate shall not exceed an FAR of 1.0. The term "tract area" includes all area in the approved overall development plan, exclusive of public street rights-of-way. Publicly owned buildings or structures shall be excluded from FAR computations.

(c)

Setbacks. Setbacks shall be measured from the boundary of the tract or from the public street right-of-way.

*Front and side street setbacks for properties in the Greater Southdale District are subject to section 36-1276.

(d)

Maximum building height. The maximum building height for subdistricts MDD-3 through MDD-6 is as follows:

(Code 1970; Code 1992, § 850.14(6); Ord. No. 2020-10, § 2, 8-18-2020)

Usable lot area not less than the amount specified in this section 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.

(Code 1970; Code 1992, § 850.14(7))

In addition to the general requirements described in article XII, division 2 of this chapter, the following special requirements shall apply:

(1)

Minimum tract area.

a.

The minimum tract area for subdistrict MDD-5 shall be five acres.

b.

The minimum tract area for subdistrict MDD-6 shall be 40 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.

(3)

Proposed development schedule. The final development plan required by articles II through VI of this chapter 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 nonresidential uses on the tract shall be constructed until a building permit has been issued for, and construction begun on, at least 25 percent of the permitted dwelling units.

(4)

Conditional uses. Conditional uses shall:

a.

Be contained within the same building as a principal use, except for drive-through facilities.

b.

Provide goods and services beneficial to the needs of the occupants and residents of the principal uses and surrounding properties.

c.

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.

(6)

Special requirements for retail uses. Retail uses shall comply with the special requirements provided by section 36-618(4) through (11).

(Code 1970; Code 1992, § 850.14(8))

The Planned Office District shall be divided into the following subdistricts:

(Code 1970; Code 1992, § 850.15(1))

The following are the principal uses permitted in the Planned Office District:

(1)

Business and professional offices.

(2)

Financial institutions, including drive-through facilities, but excluding pawn shops.

(3)

Post offices.

(4)

Clubs, lodge halls and nonprofit organizations, excluding those providing food or beverage services in the building or on the lot.

(5)

Facilities for athletic, health or weight control purposes, including, but not limited to, handball, racquetball, tennis, reducing salons and aerobic dance studios, provided that no seating or other facilities shall be allowed for spectator usage.

(6)

Medical and dental offices and clinics.

(7)

Employment agencies.

(8)

Travel bureaus.

(9)

Day care.

(10)

Public or private colleges, universities or schools.

(11)

Breweries, taprooms, wineries, distilleries and cocktail rooms in the POD-2 District.

(Code 1970; Code 1992, § 850.15(2); Ord. No. 2020-09, § 1, 8-5-2020)

The following are the conditional uses permitted in the Planned Office District: funeral homes and mortuaries.

(Code 1970; Code 1992, § 850.15(3))

The following are the accessory uses permitted in the Planned Office District:

(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 PCD-1 and PCD-2 districts, provided that the accessory uses are accessible only from the interior of the principal building and have no signs or displays relative thereto visible from the outside of the principal building.

(Code 1970; Code 1992, § 850.15(4))

The following are the building coverage, setbacks and height requirements in the Planned Office District:

(1)

Maximum building coverage: 30 percent of the tract.

(2)

Maximum floor area ratio: 0.5 percent of the tract.

(3)

Setbacks shall be measured from the boundary of the tract:

*Or the building height, if greater.

(4)

Front and side street setbacks for properties in the Greater Southdale District are subject to section 36-1276.

(Code 1970; Code 1992, § 850.15(5); Ord. No. 2020-10, § 3, 8-18-2020)

In addition to the general requirements described in article XII, division 2 of this chapter, 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:

(3)

Building design and construction. In addition to other restrictions of this section and article III of chapter 10, the use, construction, alteration or enlargement of any building or structure within the Planned Office District shall meet the following standards:

a.

All new front building facades in the district that face the public realm must have 75 percent transparency (ability to see inside the building) at the ground level.

b.

All facades on the first vertical 60 feet of a building (above grade) shall use natural materials (brick, stone) facing the public realm (streets, parks, sidewalks).

c.

No building facade shall be longer than 200 feet without changing direction by a minimum of 90 degrees.

d.

Ground level first floors must have a minimum floor to ceiling height of 20 feet.

e.

All subsequent additions, exterior alterations and accessory buildings constructed after the erection of an original building 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.

(Code 1970; Code 1992, § 850.15(6); Ord. No. 2020-10, § 4, 8-18-2020)

The Planned Commercial District shall be divided into the following subdistricts:

(Code 1970; Code 1992, § 850.16(1))

The following are the principal uses permitted in the PCD-1 subdistrict:

(1)

Antique shops.

(2)

Art galleries.

(3)

Art studios.

(4)

Bakeries, provided the rooms containing the preparation and baking process shall not have a gross floor area in excess of 2,500 square feet.

(5)

Barbershops.

(6)

Beauty parlors.

(7)

Bicycle stores, including rental, repair and sales.

(8)

Book and stationery stores.

(9)

Cannabis retailer.

(10)

Camera and photographic supply stores.

(11)

Candy and ice cream stores.

(12)

Clothes pressing and tailoring shops.

(13)

Clothing stores, not exceeding 2,500 square feet of gross floor area.

(14)

Clubs, lodge halls and meeting rooms, offices and other facilities for nonprofit organizations, not exceeding 2,500 square feet of gross floor area.

(15)

Coin and philatelic stores.

(16)

Day care.

(17)

Drug stores.

(18)

Dry cleaning establishments and laundries.

(19)

Employment agencies.

(20)

Financial institutions, but excluding drive-through facilities and pawnshops.

(21)

Florist shops.

(22)

Food, grocery, meat, fish, bakery and delicatessen stores.

(23)

Garden supply, tool and seed stores.

(24)

Gift shops.

(25)

Handball courts, racquetball courts and exercise and reducing salons.

(26)

Hardware stores.

(27)

Hobby shops, for the sale of goods to be assembled and used off the premises.

(28)

Household furnishings, fixtures and accessory stores, not exceeding 2,500 square feet of gross floor area.

(29)

Interior decorating establishments.

(30)

Jewelry stores.

(31)

Launderettes.

(32)

Leather goods stores.

(33)

Liquor stores, municipally owned, off-sale.

(34)

Locksmith shops.

(35)

Medical and dental clinics.

(36)

Music and video sales and rental stores.

(37)

Musical instrument stores and repair shops.

(38)

Newsstands.

(39)

Offices, including both business and professional.

(40)

Optical stores.

(41)

Paint and wallpaper stores, not exceeding 2,500 square feet of gross floor area.

(42)

Personal apparel stores, not exceeding 2,500 square feet of gross floor area.

(43)

Picture framing and picture stores.

(44)

Repair stores and "fix-it" shops which provide services for the repair of home, garden, yard and personal use appliances.

(45)

Restaurants and brewpubs, but excluding drive-ins and drive-through facilities, other than as allowed in section 36-1264(f).

(46)

Schools.

(47)

Secondhand stores, not exceeding 2,500 square feet of gross floor area, but excluding pawn shops.

(48)

Shoe sales or repair stores.

(49)

Sporting and camping goods stores, not exceeding 2,500 square feet of gross floor area.

(50)

Tailor shops.

(51)

Tobacco shops.

(52)

Toy shops.

(53)

Travel bureaus and transportation ticket offices.

(54)

Variety, gift, notion and soft goods stores.

(55)

Vending machines which are coin- or card-operated, but excluding amusement devices.

(Code 1970; Code 1992, § 850.16(2); Ord. No. 2015-21, § 3, 11-4-2015; Ord. No. 2024-08, § 2, 11-19-2024)

The following are the principal uses permitted in the PCD-2 subdistrict:

(1)

Any principal use permitted in PCD-1 subdistrict.

(2)

Amusement and recreation establishments, such as amusement arcades, commercial bowling alleys and pool halls.

(3)

Animal hospitals and kennels, but excluding establishments with outside runs.

(4)

Automotive accessory stores, but excluding repair and service garages.

(5)

Blueprinting, printing and photostating establishments.

(6)

Business machine sales and service shops.

(7)

Catering establishments.

(8)

Clothing stores.

(9)

Clubs, lodge halls and meeting rooms, offices and other facilities for nonprofit organizations.

(10)

Commercial kennels, as defined by section 8-5.

(11)

Currency exchanges, as defined in Minn. Stats. ch. 53A.

(12)

Department stores, not exceeding 40,000 square feet of gross floor area.

(13)

Dry goods stores.

(14)

Electrical and household appliance stores, including radio and television sales and service.

(15)

Exterminating offices.

(16)

Fabric stores.

(17)

Frozen food stores, including the rental of lockers in conjunction therewith.

(18)

Furniture stores, including upholstering when conducted as an incidental part of the principal use.

(19)

Fraternal, philanthropic and charitable institution offices and assembly halls.

(20)

Furrier shops, including the storage and conditioning of furs when conducted as an incidental part of the principal use.

(21)

Home repair, maintenance and remodeling stores and shops.

(22)

Hotels, motels and motor inns.

(23)

Household furnishings, fixtures and accessories stores.

(24)

Laboratories, medical and dental.

(25)

Office supplies stores.

(26)

Orthopedic and medical appliance stores, but excluding the manufacturing or assembly of appliances or goods.

(27)

Paint and wallpaper stores.

(28)

Personal apparel stores.

(29)

Pet shops.

(30)

Photography studios.

(31)

Post offices.

(32)

Public utility service stores.

(33)

Rental agencies for the rental only of clothing, appliances, automobiles, cartage trailers, and household fixtures, furnishings and accessories, excluding pawnshops.

(34)

Schools for teaching music, dance or business vocations.

(35)

Sporting and camping goods stores.

(36)

Taxidermist shops.

(37)

Telegraph offices.

(38)

Theaters, but excluding outdoor or drive-in facilities.

(39)

Ticket agencies.

(40)

Trading stamps redemption stores.

(41)

Undertaking and funeral home establishments.

(Code 1970; Code 1992, § 850.16(3))

The following are the principal uses permitted in the PCD-3 subdistrict:

(1)

Any principal use permitted in PCD-2 subdistrict, except offices requiring the issuance of a conditional use permit.

(2)

Department stores or shopping centers, exceeding 40,000 square feet of gross floor area.

(3)

Transit stations.

(4)

Publicly owned uses.

(5)

Sexually oriented businesses.

(Code 1970; Code 1992, § 850.16(4))

The following are the principal uses permitted in the PCD-4 subdistrict:

(1)

Automobile service centers.

(2)

Carwashes.

(3)

Gas stations.

(Code 1970; Code 1992, § 850.16(5))

The following are the conditional uses permitted in the PCD-1 subdistrict:

(1)

PCD-1 and PCD-2 subdistricts. Multi-residential uses, as long as no part of any dwelling unit be located in a basement or on the first story of the building. The first level and basement within a multi-residential building must be permitted uses in the PCD-1 or PCD-2 District. Multi-residential uses are also subject to following:

a.

New rental multi-family developments containing 20 units or more shall provide a minimum of ten percent residential units at 50 percent area median income (AMI) or 20 percent residential units at 60 percent AMI.

b.

New for-sale developments shall provide a minimum of ten percent of residential units at AMI.

c.

Rental and for-sale/owner occupied affordable units shall provide the following:

1.

On-site parking (either surface or enclosed) for affordable units and the cost related to parking must be included affordable sales price or affordable rental rate. At least one enclosed parking space shall be included in the purchase price of a for-sale unit in the same manner offered to buyers of market rate units.

2.

Affordable and market rate residents will have equal access to all entries, lobbies, elevators, parking and amenities. Examples of amenities include storage lockers, balconies, roof decks, outdoor patios, pools, fitness facilities, and similar unit and project features.

3.

Exterior appearance of affordable units shall be visually comparable with market rate units in the development.

d.

New rental housing will remain affordable for a minimum of 20 years if seeking a PUD or rezoning without city financing or 30-years if city financing is approved. This requirement will be memorialized by a Land Use Restrictive Covenant.

e.

New for-sale or owner-occupied developments will remain affordable for a minimum of 30 years and this requirement will be memorialized by a land use restrictive covenant. The land use restrictive covenant will contain a provision providing the housing and redevelopment authority or Edina Housing Foundation the right of first refusal to purchase affordable units.

f.

The developers and/or owners of multi-family rental housing projects subject to this policy by receiving financial assistance shall accept tenant-based rental housing assistance including but not limited to Section 8 Housing Choice Vouchers, HOME tenant-based assistance and Housing Support. Tenants with rental assistance may occupy an affordable dwelling unit with the rent charged not exceeding the maximum allowed by Metro HRA or the assistance provider. Furthermore, the rent charged may not exceed the maximum allowed by the most restrictive funding source. This requirement will be enforced through a contract between the city of the project owner pursuant to which the owner will be required to adopt business practices that promote fair housing and provide documentation of compliance with these requirements to the city. This requirement will be further enforced through the city's monitoring policies and procedures.

g.

Owners of city-assisted housing projects shall affirmatively market affordable housing opportunities. All multi-family housing providers subject to this policy must submit an Affirmative Fair Housing Marketing Plan (AFHMP) at lease every five years and a survey and certification regarding AFHMP outcomes annually. Owners must advertise housing opportunities on HousingLink or another medium acceptable to the city concurrent with any other public or private advertising.

h.

Recognizing that affordable housing is created through a partnership between the city and developers, the city and/or housing and redevelopment authority will consider the following incentives for developments that provide affordable housing:

1.

Reserved.

2.

Parking requirement reductions.

3.

Tax increment financing for projects that exceed the minimum requirement.

4.

Deferred low interest loans from the housing and redevelopment authority and/or Edina Housing Foundation.

5.

Property tax abatement.

i.

In lieu of providing affordable housing in each new qualifying development, the city may consider the following:

1.

Dedication of existing units in Edina to 110 percent of what would have been provided in a proposed new development. These units would need to be of an equivalent quality within the determination of the city.

2.

Financial risk and participation in the construction of affordable dwelling units of an equivalent quality by another developer on a different site within the city.

3.

An alternative proposed by a developer that directly or indirectly provides or enables provision of an equivalent amount of affordable housing within the city. An alternative could be payment of a Total Buy In (TBI) fee, a cash payment to the city in lieu of providing affordable housing units. The TBI shall be equal to $175,000 per unit rounding up to the next whole unit. The TBI would be due in cash or certified funds in full to the city at the time of issuance of the building permit. A building permit will not be issued unless the TBI is paid in full. The city council may allow the housing developer to pre-pay the TBI to satisfy a future Affordable Housing Opportunity on a case-by-case basis. TBI will be deposited into the Affordable Housing Trust Fund to be used for the development and preservation of affordable housing.

j.

As allowing maximum density was intended to serve as a density bonus for the inclusion of affordable units, for mixed use developments that have densities 50 percent or greater of the maximum allowed density, affordable units must be included in the development. For residential developments with densities 75 percent of the maximum allowed density, affordable units must be included in the development. For example:

1.

If zoning allows between 50-100 units per acre, and the residential development is 50-87 units per acre, the developer/owner may elect to include the affordable units into the development, pay the TBI fee, or an approved alternative.

2.

If the proposed development is 88-100 units per acre, the development must include affordable units within the building.

k.

The owners and their agents of multi-family rental and ownership properties subject to this policy must cooperate with the city's compliance officer during the affordability period. Noncompliance may be grounds for suspension of the rental license.

(2)

PCD-3 subdistrict.

a.

Automobile agencies selling new, unused vehicles.

b.

Boat or marine stores or agencies selling or displaying new, unused boats.

c.

Multi-residential uses subject to following:

1.

New rental multi-family developments containing 20 units or more shall provide a minimum of ten percent residential units at 50 percent area median income (AMI) or 20 percent residential units at 60 percent AMI.

2.

New for-sale developments shall provide a minimum of ten percent of residential units at AMI.

3.

Rental and for-sale/owner occupied affordable units shall provide the following:

(i)

On-site parking (either surface or enclosed) for affordable units and the cost related to parking must be included affordable sales price or affordable rental rate. At least one enclosed parking space shall be included in the purchase price of a for-sale unit in the same manner offered to buyers of market rate units.

(ii)

Affordable and market rate residents will have equal access to all entries, lobbies, elevators, parking and amenities. Examples of amenities include storage lockers, balconies, roof decks, outdoor patios, pools, fitness facilities, and similar unit and project features.

(iii)

Exterior appearance of affordable units shall be visually comparable with market rate units in the development.

4.

New rental housing will remain affordable for a minimum of 20 years if seeking a PUD or Rezoning without city financing or 30-years if city financing is approved. This requirement will be memorialized by a Land Use Restrictive Covenant.

5.

New for-sale or owner-occupied developments will remain affordable for a minimum of 30 years and this requirement will be memorialized by a land use restrictive covenant. The land use restrictive covenant will contain a provision providing the housing and redevelopment authority or Edina Housing Foundation the right of first refusal to purchase affordable units.

6.

The developers and/or owners of multi-family rental housing projects subject to this Policy by receiving financial assistance shall accept tenant-based rental housing assistance including but not limited to Section 8 Housing Choice Vouchers, HOME tenant-based assistance and Housing Support. Tenants with rental assistance may occupy an affordable dwelling unit with the rent charged not exceeding the maximum allowed by Metro HRA or the assistance provider. Furthermore, the rent charged may not exceed the maximum allowed by the most restrictive funding source. This requirement will be enforced through a contract between the city of the project owner pursuant to which the owner will be required to adopt business practices that promote fair housing and provide documentation of compliance with these requirements to the city. This requirement will be further enforced through the city's monitoring policies and procedures.

7.

Owners of city-assisted housing projects shall affirmatively market affordable housing opportunities. All multi-family housing providers subject to this policy must submit an affirmative fair housing marketing plan (AFHMP) at lease every five years and a survey and certification regarding AFHMP outcomes annually. Owners must advertise housing opportunities on HousingLink or another medium acceptable to the city concurrent with any other public or private advertising.

8.

Recognizing that affordable housing is created through a partnership between the city and developers, the city and/or housing and redevelopment authority will consider the following incentives for developments that provide affordable housing:

(i)

Reserved.

(ii)

Parking requirement reductions.

(iii)

Tax increment financing for projects that exceed the minimum requirement.

(iv)

Deferred low interest loans from the housing and redevelopment authority and/or Edina Housing Foundation.

(v)

Property tax abatement.

9.

In lieu of providing affordable housing in each new qualifying development, the city may consider the following:

(i)

Dedication of existing units in Edina to 110 percent of what would have been provided in a proposed new development. These units would need to be of an equivalent quality within the determination of the city.

(ii)

Financial risk and participation in the construction of affordable dwelling units of an equivalent quality by another developer on a different site within the city.

(iii)

An alternative proposed by a developer that directly or indirectly provides or enables provision of an equivalent amount of affordable housing within the city. An alternative could be payment of a Total Buy In (TBI) fee, a cash payment to the city in lieu of providing affordable housing units. The TBI shall be equal to $175,000 per unit rounding up to the next whole unit.

(iv)

The TBI would be due in cash or certified funds in full to the city at the time of issuance of the building permit. A building permit will not be issued unless the TBI is paid in full. The city council may allow the housing developer to pre-pay the TBI to satisfy a future affordable housing opportunity on a case-by-case basis. TBI will be deposited into the affordable housing trust fund to be used for the development and preservation of affordable housing.

10.

As allowing maximum density was intended to serve as a density bonus for the inclusion of affordable units, for mixed use developments that have densities 50 percent or greater of the maximum allowed density, affordable units must be included in the development. For residential developments with densities 75 percent of the maximum allowed density, affordable units must be included in the development. For example:

(i)

If zoning allows between 50-100 units per acre, and the residential development is 50-87 units per acre, the developer/owner may elect to include the affordable units into the development, pay the TBI fee, or an approved alternative.

(ii)

If the proposed development is 88-100 units per acre, the development must include affordable units within the building.

11.

The owners and their agents of multi-family rental and ownership properties subject to this policy must cooperate with the city's compliance officer during the affordability period. Noncompliance may be grounds for suspension of the rental license.

d.

Offices, except offices allowed as a permitted accessory use.

e.

All nonresidential uses that increase the FAR to more than 0.5.

(3)

Rooftop restaurants, subject to the following conditions:

a.

Hours of operation are limited to 7:00 a.m. to 10:00 p.m. The City Council may further restrict the hours of operation based upon the proximity of the area to residential dwelling units and upon considerations relating to the safety and welfare of residents, businesses, and other uses near the establishment.

b.

Amplified sound shall be subject to the City' s Noise Ordinance Chapter 23, Division 5 of the City Code.

c..

The rooftop dining area shall be kept in a clean and orderly manner. No food or beverages may be stored on the rooftop unless a suitable means for such storage has been reviewed and approved by the City as part of the CUP.

d.

Rooftop restaurants must be adequately screened from adjacent residential uses at the time the rooftop restaurant is established.

e.

A liquor license is required to serve alcohol in the rooftop dining area.

f.

Fencing or a guard is required around the perimeter of the rooftop dining area per the Minnesota State Building Code.

g.

Lighting shall be permitted to the extent that it only illuminates the designated area. Lighting shall not shine or cause a glare upon other public or private property outside the designated area, and subject to Sec. 36- 1260.

(Code 1970; Code 1992, § 850.16(6); Ord. No. 2018-04, § 1, 2-21-2018; Ord. No. 2020-10, § 11, 8-18-2020; Ord. No. 2023-03, § 1, 2-21-2023; Ord. No. 2023-09, § 1, 9-19-2023)

The following are the accessory uses in the PCD-1 subdistrict:

(1)

Off-street parking facilities.

(2)

Buildings for the storage of merchandise to be retailed by the related principal use.

(3)

Not more than two amusement devices.

(4)

Drive-through facilities, except those accessory to financial institutions. A restaurant may have a drive-through facility subject to the requirements in section 36-1264(f).

(5)

Produce stands pursuant to a permit issued by the manager.

(Code 1970; Code 1992, § 850.16(7))

The following are the accessory uses permitted in the PCD-2 subdistrict:

(1)

All accessory uses allowed in PCD-1 subdistrict.

(2)

Drive-through facilities.

(3)

Amusement devices.

(Code 1970; Code 1992, § 850.16(8))

The following are the accessory uses permitted in the PCD-3 subdistrict:

(1)

All accessory uses permitted in PCD-1 and PCD-2 subdistricts.

(2)

Automobile or boat and marine stores or agencies selling used automobiles or boats, if:

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, if such a use is on the same lot as an automobile agency.

(4)

Offices accessory to an allowed principal use.

(Code 1970; Code 1992, § 850.16(9))

The following are the accessory uses permitted in the PCD-4 subdistrict:

(1)

Accessory carwashes.

(2)

Retail sales of convenience goods.

(3)

Gasoline sales accessory to a carwash.

(Code 1970; Code 1992, § 850.16(10))

(a)

Maximum floor area ratio. Subject to the requirements of 36-617.

(b)

Setbacks. Subject to the requirements of section 36-618(1) and (2).

*Subject to the requirements of section 36-618.

**Subject to the requirements of section 36-1276.

(c)

Maximum building height.

(Code 1970; Code 1992, § 850.16(11); Ord. No. 2016-05, § 2, 5-3-2016; Ord. No. 2020-10, § 5, 8-18-2020)

In addition to the general requirements described in article XII, division 2 of this chapter, the following special requirements shall apply:

(1)

Established average front street setback for PCD-1 and PCD-2 subdistricts. When more than 25 percent of the frontage on one side of the street between intersections is occupied by buildings having front street setbacks of greater or lesser distances than hereafter required, then the average setback of the existing buildings shall be maintained by all new or relocated buildings on the same side of that street and between the intersections. If a building is to be built or relocated where there is an established average setback, and there are existing buildings on only one side of the building or relocated building, the front street setback of the new or relocated building need be no greater than that of the nearest adjoining principal building. If a building is to be built or relocated where there is an established average setback and there are existing buildings on both sides of the new or relocated building, the front street setback need be no greater than that which would be established by connecting a line between the most forward portion of the adjacent principal building on each side.

(2)

Interiorside 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)

Setbacks for PCD-3 subdistrict. The minimum building setback required by section 36-617(b) shall be increased as follows:

a.

In the area bounded by France Avenue on the west, York Avenue on the east and W. 70th Street on the south, the minimum building setback shall be increased by one-third-foot for each foot that the building exceeds 50 feet in building height. For purposes hereof, only those portions of buildings which exceeds 50 feet in building height need provide the additional setbacks required by this subsection.

b.

In all other areas, the minimum building setback shall be equal to the building height for buildings taller than 50 feet.

Notwithstanding the requirement of this subsection, the city encourages ground level retail and service uses that create an active pedestrian and streetscape environment; and pedestrian connections by way of skyways and tunnels. The city council will consider exceptions to setback requirements for these purposes.

(4)

Travel demand management. Final development plans for any office use in the PCD-3 subdistrict which requires the issuance of a conditional use permit shall include a travel demand management (TDM) plan prepared by an independent TDM professional. The plan must document TDM measures and performance measures to be implemented. Approval of the TDM plan by the city shall be a condition of the issuance of the conditional use permit.

(5)

On-site sanitary sewage retention system. This subsection applies to properties served by Metropolitan Sewer Interceptor No. 1-RF-491. Final development plans for any new buildings or uses in the PCD-3 subdistrict that require the issuance of a conditional use permit shall include plans for storage tanks and other facilities designed to retain on-site sanitary sewer discharges during peak flow conditions that would otherwise enter the city's sanitary sewer system. Such plans must be prepared by a licensed professional engineer acceptable to the city. The plans must provide for facilities designed to prevent discharges to the sanitary sewer system during peak flow conditions, in amounts and volumes that exceed discharges that existed prior to construction of the buildings and uses proposed by the final development plans. Approval of the sanitary sewer retention system shall be a condition of the conditional use permit. In lieu of constructing a storage tank, a cash fee equal to the cost of constructing the storage tank may be paid to the city. The fee shall be placed in a dedicated fund to pay for the cost of reducing inflow and infiltration into the sanitary sewer system. A credit against the fee shall be given for any expenditures made to reduced inflow and infiltration on site. Subsection (6) of this section is repealed effective the day that the capacity of Metropolitan Sewer Interceptor No. 1-RF-491 is improved to increase its capacity by at least +/- 69 percent.

(6)

Proximity to R-1 district. The following minimum distance shall exist between buildings in the Planned Commercial District and the nearest lot line of an R-1 district lot used for residential purposes:

(7)

Storage. All materials, supplies, merchandise and other similar materials not on display for direct sale, rental or lease to the ultimate consumer shall be stored within a completely enclosed building or within the confines of a completely opaque wall or fence capable of completely screening all the materials from adjoining properties. The wall or fence under no circumstances shall be less than five feet in height.

(8)

Displays. Merchandise which is offered for sale may be displayed outside of buildings in the PCD-1, PCD-2 and PCD-3 subdistricts, provided the area occupied by the display shall not exceed ten percent of the gross floor area of the building, or portion thereof, housing the principal use. No displays shall be permitted within that half of the required front street or side street setback nearest the street, nor within any required side yard or rear yard setback. Agencies selling automobiles or boats, as permitted by this section, may display automobiles or boats outside of a building, if the area used for the displays shall comply with all the standards for a parking lot, including construction, setbacks, landscaping and screening, as contained in this chapter.

(9)

Minimum building size. The minimum size for any building housing one or more principal uses in the PCD-1, PCD-2 or PCD-3 subdistricts shall be 1,000 square feet of gross floor area within the first story.

(10)

Outdoor sales, tent sales and trailer sales prohibited. Except for the dispensing of motor fuels and the use of drive-through facilities permitted by this chapter, all sales of products and merchandise, and dispensing of services, shall be conducted from within the confines of a permanent building totally enclosed by four walls and a roof. The sale of products and merchandise, and the dispensing of services, from a motor vehicle, trailer, tent or other temporary structure or shelter, or outside of a permanent building as described in this subsection, is prohibited.

(11)

Building design and construction. In addition to the other restrictions of this section and article III of chapter 10, the use, construction, alteration or enlargement of any building or structure within the Planned Commercial District shall meet the following standards:

a.

All new front building façades in the district that face the public realm must have 75 percent transparency (ability to see inside the building) at the ground level.

b.

All facades on the first vertical 60 feet of a building (above grade) shall use natural materials (brick, stone) facing the public realm (streets, parks, sidewalks).

c.

No building façade shall be longer than 200 feet without changing direction by a minimum of 90 degrees.

d.

First floors must have a minimum ceiling height of 20 feet.

e.

Exceptions may be made to a-d above for an affordable housing project that has over 50 percent of the units considered to affordable housing as defined in section 36-612(1).

f.

All subsequent additions, exterior alterations and accessory buildings constructed after the erection of an original building 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.

(12)

Performance standards. All business operations shall conform to the performance standards established by this section for the Planned Industrial Districts, provided that the performance standards shall be applied, and must be complied with, at the boundaries of the lot on which the business operations take place.

(13)

Maximum business establishment size in PCD-1 subdistricts. No use in the PCD-1 subdistrict shall exceed 12,000 square feet of gross floor area or the lesser gross floor area as is imposed on the use by section 36-608.

(14)

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 division.

(15)

Automobile service centers and gas station standards.

a.

Minimum lot area:

1.

For an automobile service center, 20,000 square feet, plus 5,000 square feet for each service bay in excess of three.

2.

For a gas station, 15,000 square feet.

b.

Maximum lot area: 60,000 square feet.

c.

Hydraulic hoists, pits, lubrication, washing, repairing and diagnostic equipment shall be used and stored within a building.

d.

Interior curbs of not less than six inches in height shall be constructed to separate driving surfaces from sidewalks, landscaped areas and streets.

e.

No automobile service station on a lot adjoining a lot in a residential district shall be operated between the hours of 11:00 p.m. and 6:00 a.m.

f.

All driving surfaces shall be constructed and maintained in the same manner as prescribed for parking lots by this chapter.

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 for dispensing motor fuels.

h.

No motor vehicles, except those owned by the operators and employees of the principal use, and vehicles awaiting service, shall be parked on the lot occupied by the principal use. Vehicles being serviced may be parked for a maximum of 48 hours.

i.

Body work and painting is prohibited.

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.

l.

Notwithstanding the requirements of article XII, division 3 of this chapter, driveways and drive aisles need only provide a setback of not more than five feet from all lot lines, subject to the requirements of subsection (15)j of this section.

(16)

Carwash standards.

a.

A carwash shall be subject to the same standards as specified in subsection (15) of this section for automobile service centers.

b.

All wastewater disposal facilities, including sludge, grit removal and disposal equipment, must be approved by the city 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 carwash.

(17)

Standards for sexually oriented businesses.

a.

No sexually oriented business shall be located closer than 500 feet from any other sexually oriented business or licensed day care facility. Measurements shall be made in a straight line, without regard to intervening structures or objections, from the nearest point of the actual premises of the sexually oriented business or licensed day care facility.

b.

No sexually oriented business shall be located closer than 500 feet from any property in the R-1, R-2, PRD, PSR or MDD district, or any residentially zoned property in the city adjoining the city. Measurements shall be made in a straight line, without regard to intervening structures objects, from the nearest point of the actual business premises of the sexually oriented business to the nearest boundary of the R-1, R-2, PRD, PSR or MDD district.

(18)

Standards for residential dwelling units.

a.

No part of any dwelling unit shall be located in a basement or on the first story of a building in the PCD-1 or PCD-2 subdistrict.

b.

In the PCD-1 and PCD-2 subdistricts, the floor area of that portion of a building used for multiresidential purposes shall not be included for the purpose of calculating the maximum floor area ratio allowed by section 36-617(a).

c.

In the PCD-3 subdistrict, the floor area of buildings, or portions thereof, used for multiresidential purposes shall be included for the purpose of calculating the maximum floor area ratio allowed by section 36-617(a).

d.

In the PCD-3 subdistrict, the maximum floor area ratio allowed by section 36-617(a) may be increased by 0.25, by including the floor areas of dwelling units classified as affordable housing units pursuant to an agreement with the housing and redevelopment authority of the city.

(19)

Standards for cannabis retailer.

a.

A cannabis retailer must have a cannabis retailer license or retail endorsement from the State of Minnesota Office of Cannabis Management.

b.

Compliance with State license requirements shall be maintained at all times.

c.

A cannabis retailer shall be located at least 500 feet from any daycare, residential treatment facility, or K-12 school as measured from property line to property line.

(Code 1970; Code 1992, § 850.16(12); Ord. No. 2020-10, § 6, 8-18-2020; Ord. No. 2024-08, § 2, 11-19-2024)

The following are principal uses permitted in the Planned Industrial District (PID) district:

(1)

All principal uses allowed in the Planned Office District.

(2)

Manufacturing, compounding, processing, packaging, treatment and assembly of products and materials.

(3)

Scientific research, investigation, testing or experimentation.

(4)

Warehousing of nonperishable products, if the products are owned by or consigned to the owner of the principal use or its lessee, and further, if the owner or lessee does not establish the principal use in the capacity of a carrier for the purpose of a freight operation.

(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)

Office equipment showrooms and repair services.

(8)

Mini-storage warehouses for storage of domestic supplies, recreational vehicles and equipment and other private property, if the owner of the private property is responsible for transporting the property to and from the principal use, and further, if the owner of the principal use does not establish the use as a carrier for the purpose of a freight operation.

(9)

Animal hospitals, but excluding establishments with outside runs.

(10)

Currency exchanges, as defined in Minn. Stats. ch. 53A.

(11)

Breweries, taprooms, wineries, distilleries and cocktail rooms.

(12)

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

(13)

Cannabis cultivation, manufacturing, processing, wholesaling, testing, transportation, or delivery business.

(Code 1970; Code 1992, § 850.17(1); Ord. No. 2015-21, § 4, 11-4-2015; Ord. No. 2023-20, § 1, 10-3-2023; Ord. No. 2024-08, § 3, 11-19-2024)

The following are the conditional uses permitted in the Planned Industrial District (PID): religious institutions, including churches, synagogues, chapels, temples and mosques.

(Code 1970; Code 1992, § 850.17(2))

The following are the accessory uses permitted in the Planned Industrial District (PID):

(1)

Warehousing of products manufactured by the principal use.

(2)

Offices and administrative facilities.

(3)

Shipping and receiving spaces, mailing rooms and order pickup facilities.

(4)

Cafeterias, educational facilities, vending services and recreational establishments for persons employed by the business comprising the principal use.

(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 PCD-1 and PCD-2 districts, if the accessory uses are accessible only from the interior of the principal building and have no signs or displays relative to it visible from the outside of the principal building.

(6)

Temporary retail sales pursuant to a permit issued in accordance with this division.

(7)

Off-street parking facilities.

(8)

Commercial kennels, as defined in section 8-5, which are accessory to animal hospitals, but excluding kennels with outside runs.

(9)

A mobile food unit licensed by the City of Edina (food truck) as an accessory use to a taproom, winery, distillery or cocktail room. A mobile food unit (food truck) may only operate if there are no restaurants located within 500 feet of the taproom, winery, distillery or cocktail room, existing on the date the taproom, winery, distillery or cocktail room opens, or if at any time after the opening all restaurants within 500 feet close. If restaurants are subsequently opened, the mobile food unit may continue as an accessory use.

(10)

Cannabis lounge accessory to a cannabis business licensed by the State of Minnesota Office of Cannabis Management.

(Code 1970; Code 1992, § 850.17(3); Ord. No. 2015-21, § 5, 11-4-2015; Ord. No. 2024-08, § 3, 11-19-2024)

(a)

Minimum tract area. No tract of land shall be transferred to the Planned Industrial District unless the tract measures at least ten acres in area or is contiguous to other land in the Planned Industrial District.

(b)

Minimum lot area. The minimum lot area is two acres.

(c)

Minimum building area. Each building shall have a gross floor area of not less than 10,000 square feet.

(d)

Maximum building coverage.

(1)

Lots of less than three acres: 30 percent.

(2)

Lots of three acres or more: 45 percent. They may be increased to 60 percent, if the total gross floor area on the lot is contained within a single building and all portions of any loading docks and berths are completely enclosed within the same single building.

(e)

Maximum floor area ratio. Maximum: FAR: 0.5. The FAR may be increased to 0.6 for buildings which qualify for 60 percent building coverage, as provided in section 36-643(d).

(f)

Setbacks.

*Or the building height, if greater.

(g)

Front and side street setbacks for properties in the Greater Southdale District are subject to section 36-1276.

(Code 1970; Code 1992, § 850.17(4); Ord. No. 2016-05, § 3, 5-3-2016; Ord. No. 2020-10, § 7, 8-18-2020)

In addition to the general requirements described in article XII, division 2 of this chapter, the following special requirements shall apply:

(1)

Increased front street and side street setbacks. The minimum setback from a street shall be increased to 75 feet, if the tract is located across the street from property in a residential district used for residential purposes.

(2)

Increased side yard and rear yard setbacks. The minimum setback from an interior lot line shall be increased to 100 feet, if the lot line adjoins property in a residential district used for residential purposes.

(3)

Temporary retail sales and going out of business sales permits.

a.

The city manager may grant a permit for a temporary retail sale or going out of business sale, if:

1.

The temporary retail sale shall not exceed three consecutive days, and the going out of business sale shall not exceed ten consecutive days;

2.

Not more than two temporary retail sale permits may be issued to any one person, firm, affiliate, subsidiary or building in a calendar year, and further provided that the two permitted sales must occur at least 60 days apart. Not more than one going out of business sale permit may be issued to any one person, firm, affiliate or subsidiary in a three-year period; and

3.

An application for the permit must be filed with the planner on forms provided by the planner not less than 30 days before the beginning of the sale. The application shall be co-signed by the owner of the lot or building and accompanied by an application fee as specified in section 2-724.

b.

The city manager shall not issue a permit without finding that:

1.

The sale will not impair the safe movement of traffic in the vicinity and will not impact surrounding residential areas;

2.

Adequate facilities for off-street parking are available;

3.

All buildings housing the sale have adequate fire protection facilities and ingress and egress for the public;

4.

The sale will not conflict with other scheduled sales in the vicinity;

5.

Prior sales conducted by the applicant conformed to the requirements of this section; and

6.

Adequate personnel for public safety purposes will be provided by the applicant.

c.

Additional requirements.

1.

All goods shall be displayed and sold within the principal building;

2.

No goods may be shipped to the building or lot especially for the temporary retail sale or going out of business sale; and, if requested, an inventory audit, spot check or verification of goods for sale shall be given to the city manager within ten days before the sale; and

3.

A permit granted and unused may be transferred to another day by the city 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 the other restrictions of this section and article III of chapter 10, the use, construction, alteration or enlargement of any building or structure within the Planned Industrial District shall meet the following standards:

a.

All new front building facades in the district that face the public realm must have 75 percent transparency (ability to see inside the building) at the ground level.

b.

All facades on the first vertical 60 feet of a building (above grade) shall use natural materials (brick, stone) facing the public realm (streets, parks, sidewalks).

c.

No building facades shall be longer than 200 feet without changing direction by a minimum of 90 degrees.

d.

First floors must have a minimum ceiling height of 20 feet.

e.

All subsequent additions, exterior alterations and accessory buildings constructed after the erection of an original building 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.

(5)

Restrictions, controls and design standards. Uses which, because of the nature of their operation, are accompanied by an excess of noise, vibration, dust, dirt, smoke, odor, noxious gases, glare or wastes shall not be permitted. These residual features shall be considered as "excessive" when they either exceed or deviate from the limitations set forth in the following performance specifications:

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 the table set forth in this subsection. 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.

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, then most recent Ringelmann Smoke Chart, published by the United States Bureau of Mines shall be used for the measurement of smoke and is hereby adopted and incorporated into this section by reference and made a part of this section. Smoke not darker or more opaque than No. 1 on the chart may be emitted. However smoke not darker or more opaque than No. 2 on the chart may be emitted for periods not longer than four minutes in any 30-minute period. These provisions, applicable to visible grey smoke, shall also apply to visible smoke of a different color but with an equivalent apparent opacity.

e.

Odor. The use shall not, at any time, cause the discharge of toxic, noxious or odorous matter beyond the confines of the principal building in such concentrations as to be detrimental to or endanger the public health, welfare, comfort or safety.

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. Liquid wastes containing any organic or toxic matter shall be discharged either into a public sanitary sewer or treated in a manner prescribed by the health department. The rate of liquid waste discharged into the city's sanitary sewerage system shall not exceed 200 gallons per lot per hour between the hours of 9:00 a.m. and 12:00 noon.

In order to ensure compliance with the performance standards set forth in this subsection, the planner may require the owner or operator of any use to make, without cost to the city, investigations and tests as the planner deems necessary to show adherence to the performance standards. The investigations and tests shall be done by an independent testing organization approved by the planner.

(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:

1.

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 subsection (6); and

2.

The permit shall be applied for only by the owner of the principal building, the intention being that each lessee within the mini-storage building shall not be eligible individually for a temporary retail sales permit.

c.

Only nonperishable and nonvolatile products may be stored.

(7)

Standards for cannabis cultivation, manufacturing, processing, wholesaling, testing, transportation, or delivery business:

a.

The business must have a license or endorsement from the State of Minnesota Office of Cannabis Management.

b.

Compliance with State license requirements shall be maintained at all times.

c.

All operations of the business shall take place within an enclosed building.

d.

The business shall be located at least 500 feet from any daycare, residential treatment facility, or K-12 school as measured from property line to property line.

(Code 1970; Code 1992, § 850.17(5); Ord. No. 2020-10, § 8, 8-18-2020; Ord. No. 2024-08, § 3, 11-19-2024)

The following are the principal uses in the Regional Medical District (RMD):

(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 subsection.

(Code 1970; Code 1992, § 850.18(1); Ord. No. 2012-18, § 2(850.18(1)), 10-16-2012)

The following are the accessory uses permitted in the Regional Medical District (RMD):

(1)

Living quarters and recreational and educational facilities for nurses, interns, staff members, hospital employees and volunteers, if the uses are located within or are contiguous to the principal building.

(2)

Off-street parking facilities for ambulances, service trucks and automobiles owned by tenants, employees, patients and visitors.

(3)

Within principal buildings having a gross floor area of 40,000 square feet or more, ten percent of the floor area may be occupied by retail uses allowed in the PCD-1 and PCD-2 subdistricts, if the primary function of the uses is to serve the needs of occupants of, and visitors to, the principal use.

(4)

Helistops for use by helicopters involved in emergency rescue operations.

(5)

Produce stands pursuant to a permit issued by the city manager. The produce stands may only occur one day per week, and only operate during the months of June through October.

(Code 1970; Code 1992, § 850.18(2); Ord. No. 2012-18, § 2(850.18(2)), 10-16-2012)

(a)

Floor area ratio. FAR: 1.0.

(b)

Setbacks.

*Or the building height, if greater.

**Front and side street setbacks for properties in the Greater Southdale District are subject to section 36-1276.

(c)

Building height. See article XI, division 2 of this chapter, Building Height Overlay District and appendix A of the city's official zoning map.

(d)

Minimum tract area. No tract of land shall be transferred to the Regional Medical District, unless the tract measures at least ten acres in area, or is contiguous to other land in the Regional Medical District.

(Code 1970; Code 1992, § 850.18(3); Ord. No. 2020-10, § 9, 8-18-2020)

In addition to the general requirements described in article XII, division 2 of this chapter, the following special requirements shall apply:

(1)

All uses shall conform to the same requirements as are established by this section for the Planned Office District (POD).

(2)

All uses shall comply with the same standards for residual features as are established by this section for the Planned Industrial District (PID).

(Code 1970; Code 1992, § 850.18(4))

The following are the principal uses permitted in the Automobile Parking District (APD):

(1)

Parking lots.

(2)

Drive-through banking facilities.

(Code 1970; Code 1992, § 850.19(1))

The following are the conditional uses permitted in the Automobile Parking District (APD): parking ramps and garages.

(Code 1970; Code 1992, § 850.19(2))

(a)

Parking lots.

(b)

Parking ramps, garages and other structures.

*Or the building height, if greater.

(Code 1970; Code 1992, § 850.19(3))

In addition to the general requirements described in article XII, division 2 of this chapter, 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 feet when the ramp, garage or structure is located across the street from a property in an R-1 district used for residential purposes.

(3)

All exterior wall finishes of a parking ramp or garage shall be of materials that are compatible with those of existing nearby structures and shall be one or a combination of the following materials which shall be determined by the council in connection with the granting of a conditional use permit:

a.

Face brick.

b.

Natural stone.

c.

Specially designed precast concrete units, if the surfaces have been integrally treated with an applied decorative material or texture.

(Code 1970; Code 1992, § 850.19(4))