77-427 (Official Publication
CITY OF HOPKINS
Hennepin County, Minnesota
411 ORDINANCE NO. 77-427
AN ORDINANCE AMENDING HOPKINS ORDINANCE NO. 269, WHICH
ORDINANCE IS KNOWN AS AN ORDINANCE RELATING TO AND
ESTABLISHING A COMPREHENSIVE ZONING PLAN AND REVISED
ZONING MAP FOR THE CITY OF HOPKINS AND WHICH ORDINANCE
IS CITED AND REFERRED TO AS THE HOPKINS ZONING ORDINANCE
WHEREAS, Chapter 670, Minnesota Statutes, empowers the City
to enact a zoning ordinance and to provide for its administration, en-
forcement and amendment, and
WHEREAS, The City Council deems it necessary, for the purpose
of promoting health, safety, order, convenience, prosperity and general
• welfare of the City to enact such an ordinance, and
WHEREAS, The City Council has prepared a comprehensive plan
for the future physical development and improvement of the City and
deems it necessary to make different regulations for different districts
to carry out the purposes of the aforesaid statute.
NOW, THEREFORE, be it ordained by the City Council of the City
of Hopkins as follows: That Hopkins Ordinance No. 269 entitled and known
as the Hopkins Zoning Ordinance together with all existing amendments
thereto at the date hereof and including the Zoning Map in connection
therewith are hereby stricken and repealed and as an amendment and re-
placement in lieu thereof the Council of the City of Hopkins hereby en-
acts the following Ordinance No. 77-427.
427.01 TITLE: This Ordinance may be known, cited and referred to as the
Hopkins Zoning Ordinance, except as referred to herein, where it
shall be known as "this Ordinance", and is hereby also known and
cited as Ordinance No. 427.
427.02 INTENT AND PURPOSE: This Ordinance is adopted for the purpose of:
111 . protecting the public health, safety, morals, comfort, conven-
ience and general welfare.
. dividing the City into zones and districts restricting and
regulating therein the location, construction, reconstruct-
ion, alteration and use of structures and land
. promoting orderly development of the residential, business,
industrial, recreational and public areas
. providing for adequate light, air and convenience of access
to property by regulating the use of the land and buildings
and the bulk of buildings in relation to surrounding proper-
• ties
. limiting congestion in the public right-of-way
. providing for the compatibility of different land uses and
the most appropriate use of the land throughout the City
. providing for the administration of this Ordinance and
amendments thereto
. defining the powers and duties of the administrative offi-
cers and bodies, as provided hereinafter
. prescribing penalties for the violation of the provisions
of this Ordinance or any amendment thereto
. to identify land within the flood plain and to regulate
development toward minimizing erosion, pollution, flood-
ing, loss of life and property.
427.03 RULES OF LANGUAGE CONSTRUCTION: The text of this Ordinance
shall be interpreted in accordance with the following rules
of construction:
( 1) The singular number includes the plural and the plural
the singular.
2
( 2) The present tense includes the past and future tenses,
• and the future and present.
( 3) The word "shall" is mandatory, and the word "may" is
permissive.
( 4) The masculine gender includes the feminine and the
neuter genders.
( 5) Wherever a word or term defined hereinafter appears in
the text of this Ordinance, its meaning shall be con-
strued as set forth in such definition thereof.
( 6) All measured distances expressed in feet shall be to
the nearest tenth of a foot.
427.04 DEFINITIONS: The following words and terms, whenever they occur
• in this Ordinance,are defined as follows:
( 1) Abutting: Making contact with or separated only by public-
rights-of-way, railroad or other public utility or navi-
gable water which does not exceed 120 feet in width.
( 2) Addition: A physical enlargement of an existing structure.
( 3) Airport or Heliport: Any land, water or structure which
is used or intended for use, for the landing and take-off
of aircraft and any appurtenant land or structure used or
intended for use for port buildings or other port struc-
tures or right-of-way.
• ( 4) Alley: A public right-of-way which affords a secondary
means of access to abutting property as defined and re-
quired in Section 350 of the Code of Ordinances.
( 5) Automobile or Motor Vehicle Reduction Yard: A lot or
yard where one (1) or more unlicensed vehicle, or the
remains thereof, are kept for the purpose of dismantling,
crushing, repairing, rebuilding, sale of parts, sale of
3
scrap, storage or abandonment.
• ( 6) Automobile Repair - Major: General repair, rebuilding or
reconditioning of engines, motor vehicles, trailers, in-
cluding body work, frame work, welding and major painting
service.
( 7) Automobile Repair - Minor: The replacement of any part or
repair of any part which does not require the removal of
the engine head or pan, engine, transmission or differen-
tial, incidental body and fender work, minor painting and
upholstering service when said service above stated is
applied to passenger automobiles, motor cycles, snow-
mobiles, small engines and trucks not exceeding 9000 pounds
rated capacity.
( 8) Automobile Wash: A building or portion thereof, contain-
ing mechanical facilities for washing motor vehicles for
profit.
( 9) Basement: A portion of a building partly underground, but
having less than half of its floor to ceiling height below
the average grade of the adjoining ground.
(10) Board: Means the Board of Adjustments and Ap-
peals established under Section 427.27.
(11) Boardinghouse: A building other than a motel or hotel
II/ where, for compensation and by prearrangement for definite
periods, meals or lodging are provided for three (3) or
more persons, but not to exceed eight (8) persons.
(12) Building: Any structure having a roof which may provide
shelter or enclosure for persons, animals, or chattel,
and when said structure is divided by a wall without
openings, each portion of such building so separated
4
shall be deemed a separate building.
• (13) Building - Accessory: A building, the use of which is in-
cidental or complimentary to the principal use on a lot
and is defined as (a) detached if it is located more than
six (6) feet from the nearest wall of the principal build-
ing or (b) attached if located six (6) feet or less there-
from.
(14) Building Height: A distance to be measured from the mean
ground level for all of that portion of the building having
frontage on a public right-of-way or approved private road,
to the top of the cornice of a flat roof, or to the deck
line of a mansard roof, to a point on the roof directly
1111 above the highest wall of a shed roof, or to the upper-
most point on a round or other arched type roof or to the
midpoint of the highest gable on a gable, pitched or hip
roof.
(15) Building - Principal: The main building, or in the case
of an approved Community Unit Plan, the main buildings in
which the intended allowable use is conducted.
(16) Carport: see garage
(17) Cellar: That portion of the building having more than one-
half of the floor to ceiling height below grade of the ad-
4110 joining ground.
(18) Channel: A natural or constructed depression with a bed
and banks to confine and conduct, either continuously or
periodically, the water in a creek or stream.
(19) Commercial Kennel: Any premises where three (3) or more
animals, at any one time, over three (3) months of age
are owned, boarded, bred or offered for sale.
5
(20) Commercial Recreation: Means any private business enter-
* prise offering facilities for participatory physical, cul-
tural or entertainment purpose or related leisure time
activities.
(21) Commission: Means the Hopkins Zoning and Planning Com-
mission.
(22) Commissioner: Is the Commissioner of the Department of
Natural Resources (D.N.R.) State of Minnesota.
(23) Comprehensive City Plan: Is that compilation of mater-
ial, statements, goals, standards and maps adopted by the
Commission and used by the Commission in making recomen-
dations for guiding the orderly development of the pri-
vate and public sectors of Hopkins.
(24) Club: A non-profit association of persons who are bona-
fide members paying annual dues, which owns, hires or
leases the building or portion thereof, the use of such
premises being restricted to members and their guests.
(25) C.U.P. : Community Unit Plan
(26) Conditional Use Permit: A permit specially and individ-
ually granted by the Council after public hearing thereon
by the Commission for purposes specified in the Ordinance.
(27) Council: City Council of Hopkins.
. (28) Drive-in: Means any facility, structure or use affording
transactions of any business or service while occupying
any vehicle.
(29) Dwelling: That part of a building intendedto be occupied
for residence purposes, but not including rooms in motels,
hotels, nursing homes, boarding houses, trailers, cabins
or mobile homes.
6
(30) Dwelling -Attached: A dwelling which is joined to another
• dwelling at one or more abutting walls.
(31) Dwelling -Detached: A single dwelling having a yard on
all sides.
(32) Dwelling - Group: A home approved by the State where not
more than 10 persons live which are not a family as de-
fined in this ordinance.
(33) Dwelling - Multiple: A structure or portion thereof in-
tended and designed for three or more dwellings.
(34) Dwelling - Townhouse: A single structure consisting of
three (3) or more dwelling units having one or more walls
abutting with another dwelling and designed to have all
111 exits open directly to the outside.
(35) Dwelling Unit: A single family dwelling having permanent-
ly installed cooking and sanitary facilities.
(36) Dwelling for the Elderly: Is defined as wholly or partly
publicly financed dwelling units, the occupancy of which
is limited to not more than two persons related to each
other by blood or marriage, at least one of whom is 62
years of age.
(37) Exercise Facilities: see Health Club
(38) Family: Is defined as any number of persons related by
1/0 blood, marriage or adoption or any four unrelated persons
living together.
(39) Fence: Is defined as any structure which serves as a wall,
gate, barrier or enclosure outside of a building.
(40) Flood Fringe: That portion of the flood plain outside the
floodway.
(41) Flood Plain: That land on each side of a creek which has
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an elevation below the elevation shown on the Official
1111
Flood Profile.
(42) Flood Proofing: A combination of structural provisions,
changes or an adjustment to properties and structure,
subject to flooding, primarily for the reduction or
elimination of flood damage.
(43) Regulatory Flood Protection Elevation: The elevation
to which uses regulated by this Ordinance are required
to be elevated unless flood proofed. It shall corres-
pond to a point not less than one foot above the water
surface profile associated with the regional flood plus
011 any increases in flood heights attributable to approved
encroachments on the floodway
(44) Floodway: The channel and those portions of the flood
plain adjoining the channel which are reasonably required
to carry and discharge the regional flood.
(45) Floor Area: Whenever used in establishing required park-
ing spaces herein shall mean that part of the gross floor
area devoted to that portion of the structure designed and
used for the business and services offered, available and
accessible to the public and to those employees directly
involved.
(46) Floor Area Ratio: The numerical value obtained through
dividing the floor area of a building or buildings by the
lot area on which such building or buildings are located.
(47) Foster Home: Is a family home approved by the State for
not more than four (4) children unrelated to the family.
(48) Garage - Private: A detached or attached accessory build-
ing or carport, used primarily for storage of passenger
8
vehicles or one (1) truck of a rated capactiy not ex-
• ceeding 9000 pounds.
(49) Garage - Public: Any building used for the repair,
maintenance, storage, display, sale, lease or hire of
motor vehicles and parts.
(50) Garage Sale: Means the irregular display and pervay-
ance of goods, wares, merchandise in or on any resi-
dential area.
(51) Group Home: A home approved by the State where not
more than ten (10) persons live which are not a family
as defined in this ordinance.
111 (52) Health Club: Shall be a service where athletic facili-
ties such as handball, swimming, track, exercise devices,
etc. are provided and may in addition include a whirl
pool, sauna or massage service for members who shall reg-
ister each time they utilize the club.
(53) Home Occupation: Means any gainful enterprise or pro-
fession not including garage sales conducted in any dwel-
ling or accessory building by residents thereof provided
no evidence thereof is visable from the public street and
no permanent revolving inventory of merchandise is main-
tained.
4110
(54) Hotel: A building containing guest rooms in which lodging
is provided with or without meals for compensation and
which is open to transient or permanent guests or both,
and where no provisions are made for cooking in any guest
room, and in which principal access to and from all rooms
is made through an inside lobby or office supervised by a
person in charge.
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(55) Junk Yard: An area where used, waste, discarded, salvaged
I/0
materials or other personal property is bought, sold, ex-
changed, stored, baled, cleaned, abandoned, packed, disas-
sembled or handled, including but not limited to, scrap
iron and other metals, paper, rags, rubber products, bottles
and lumber. Storage of such material in conjunction with a
permitted manufacturing process when within an enclosed area
or building shall be included.
(56) Land Reclamation: Depositing of four hundred (400) cubic
yards or more of earth material so as to elevate the grade.
(57) Loading Berth: An unobstructed area provided and maintained
. for the temporary parking of trucks and other motor vehicles
for the purpose of loading and unloading goods, wares, mater-
ials and merchandise, as more fully defined in Section 427.46.
(58) Lot: A parcel of land abutting on a public or approved pri-
vate street and of sufficient size to provide the yards and
area required by this Ordinance.
(59) Lot Area: The area of a lot in a horizontal plane bounded
by the lot lines.
(60) Lot Area Per Dwelling: The number of square feet of lot
area required per dwelling unit.
(61) Lot - Corner: A lot situated at the junction of, and abut-
ting on two (2) or more intersecting streets, or a lot at
the point of deflection in alignment of a continuous street,
the interior angle of which does not exceed 135 degrees.
(62) Lot - Depth: The mean horizontal distance between the front
and the rear lot lines of a lot.
(63) Lot Line: A lot line is the property line bounding a lot
10
except that where any portion of a lot extends into any
• proposed or existing public right-of-way the line furthest
from the centerline of such public right-of-way shall be
the lot line for applying this ordinance.
(64) Lot Line - Front: The boundary of a lot which abutts an
existing or proposed public street, and in the case of a
corner lot, it shall be the shortest dimension on a public
street. If the dimensions of a corner lot are within 10%
of being equal, the front lot line shall be that street
line designated by the owner and filed in the office of
the Building Inspector.
(65) Lot Line - Rear: That boundary line of a lot which is op-
411 posite the front lot line. If the rear lot line is less
than ten (10) feet in length, or if the lot forms a point
at the rear, the rear lot line shall be a line ten (10)
feet in length within the lot, connecting the side lot
lines and parallel to the front lot line.
(66) Lot Line - Side: Any boundary of a lot which is not a rear
or front lot line.
(67) Lot of Record: Part of a recorded platted subdivision, or
parcel of land the deed to which was recorded prior to
August 11, 1966 in the office of the Hennepin County Re-
• corder or Registrar.
(68) Lot - Through: A lot which has a pair of opposite lot
lines abutting two (2) substantially parallel streets, and
which is not a corner lot.
(69) Lot - Width: The maximum distance between the side lot
lines of any lot measured parallel to the front lot line
and within the required front yard.
11
(70) Mining: The extraction and removal of material from the
• land in the amount of more than 400 cubic yards.
(71) Mobil Home: Any readily movable structure used for one
or more residential purpose.
(72) Motor Court, Motor Hotel or Motel: A building or group of
buildings other than a hotel used primarily as a temporary
residence.
(73) Motor Freight Terminal: Is a structure or area in which
goods, wares, or merchandise is assembled, stored or dis-
tributed.
(74) Motor Fuel Station: A place where gasoline, kerosene or
any other motor fuel, lubricating oil or grease for oper-
ating motor vehicles is offered for sale to the public.
(75) Noise: Is any unwanted sound not occuring in the natural
environment.
(76) Non-Conforming Use; Use of land, buildings or structures
existing on August 11, 1966,which does not comply with all
the regulations . . .
(77) Noxious Matter or Material: Any material which is capable
of causing detrimental effects to the physical or economic
well being of individuals, animals or other living organ-
isims.
• (78) Nursery - Day: Where care is provided for pay for three
(3) or more people for periods of four (4) hours or more
per day (See Minn. Statute Section 257.081 Subd. 4)
(79) Obstruction: Any dam, wall, wharf, embankment, levee,
dike, pile, abutment, projection, excavation, channel,
culvert, building, wire, fence, stockpile, refuse, fill,
structure, or matter in, along, across, or projecting into
12
the flood plain, water course, or regulatory flood
• hazard area which may impede, retard, or change the
direction of the flow of water, either in itself or
by catching or collecting debris carried by such
water, or that is placed where the flow or water
might carry same downstream to the damage of life
or property. Trees which are in an upright and nat-
ural growing position shall be an exception unless
located in the channel.
(80) Open Sales Lot: Land devoted to the display of goods
for sale, rent, lease, advertising or trade where such
goods are not enclosed within a building.
411 (81) Open Space: Areas of the lot not less than 25' x 25'
which are not designed for use as the building site,
parking or loading areas, or utility sites.
(82) Open Space Ratio: Is the amount of open space not in-
cluding drives and parking areas required per square
feet of building coverage.
(83) Open Space Private: Areas of the lot which are not de-
signed for use as the building site, parking or loading
areas or utility sites which are designated for the use
of a particular family.
4111 (84) Parking Areas: Are defined as those structures or parcels
of land set aside, maintained and available for vehicle
parking.
(85) Planned Unit Development: Means the improvement of any
sized parcel of land on which two or more buildings and
supporting structures are possible and permitted accord-
ing to a development plan agreed upon by the City and
13
developer according to the conditions set forth in this
• ordinance.
(86) Person: Unless otherwise in this ordinance or any amend-
ment thereof more particularly or specially defined, the
term person shall include both male and female and shall
also extend and be applied to bodies politic and corpor-
ate and to partnerships and other incorporated associa-
tions.
(87) Public Waters: Means a body of water capable of sub-
stantial beneficial public use. This shall be construed
to mean, for the purpose of these regulations, any body
of water which has the potential to support any type of
• recreational pursuit or water supply purpose. A body of
water created by a private user where there was no pre-
vious shoreland, as defined herein, for a designated pri-
vate use authorized by the Commissioner shall be exempt.
(88) Quick Order Food Establishments: Means any building or
premise used for the sale at retail of prepared, ready to
eat, individual meals or food courses for consumption
either away from the premise or in or around parked vehicles
thereon with or without curb service and such food sales
constitute at least 40 per cent of the total food sales of
the establishment.
(89) Railroad Right-of-Way: A strip of land with tracks and
auxiliary facilities for track operations but not includ-
ing depots, loading platforms, L.C.L. tracks, train sheds
or other support structures.
(90) Reach: A hydraulic engineering term to describe a long-
itudinal segment of a watercourse between two locations,
14
each of which have an obstruction which is natural or
• man made that influences the flow of water.
(91) Regional Flood: A flood which has the characteristics
of what can be expected to occur with a frequency of
onCeeach 100 years.
(92) Right-of-Way: Is a parcel of land where the public has
been given certain rights by easement or dedication.
(93) Sign: Shall mean any outdoor structure either station-
ary or movable, containing any writing, announcements,
declaration, demonstration, display, illustration, in-
signia or illumination used to advertise or promote the
distribution of any merchandise or the sale of other
Oilproperty or service of any person.
(94) Sign - Advertising (Billboard) : A sign which directs at-
tention to a business, commodity, service or entertain-
ment not exclusively related to the premise where such
sign is located or to which it is affixed.
(95) Sign - Business: A sign which directs attention to a
business or profession conducted or to a commodity, ser-
vice or entertainment sold or offered on the premises on
which such sign is located or to which it is affixed.
(96) Sign - Directional: Means a non-promoting, non-advertis-
• ing sign structure maintained for guidance and informa-
tion purposes only.
(97) Sign - Flashing: Is an intermittant or blinking illumin-
ation used for or in connection with any sign.
(98) Sign - Gross Area: See 427.42 (8)
(99) Sign - Name Plate: Shall mean any sign which states
names or addresses or both of the business or occupant
15
of the lot or building where the sign is located.
• (100) Story: That portion of a building included between
the surface of any floor and the surface of the floor
next above, or if there is no floor above, the space
between the floor and the ceiling next above. A base-
ment shall be counted as a full story, and a cellar
shall not be counted as a story.
(101) Street: A public right-of-way not less than fifty
(50) feet in width which affords a primary means of
access to abutting property, and shall also include
Avenue, Highway, or Road excepting existing public
right-of-way of lesser width.
i (102) Structure: Anything constructed or erected on, or
connected to the ground.
(103) Thosaughfare - Major: Shall be those streets as shown
on the Hopkins Major Thoroughfare Plan.
(104) Use - Accessory: A use subordinate to the principal
use on a lot and exclusively used for purposes inci-
dental to those of the principal or conditional use.
(105) Use - Conditional: Those occupations, vocations,
skills, arts, businesses, professions, or uses specif-
ically designated in each Zoning Use District which
. for their respective conduct, exercise or performance
in such designated use districts may require reasonable
but special, peculiar, unusual or extraordinary limita-
tions, facilities, plans, structures, thoroughfares,
conditions, modification or regulations in such use
district for the promotion or preservation of the gen-
eral public welfare, health, convenience or safety
16
therein and in the city, and therefore may be permitted
• in such use district only by a Conditional Use Permit.
(106) Use - Permitted: A use which may be lawfully established
in a particular district or districts, provided it con-
forms with all requirements, regulations and performance
standards (if any) of such districts.
(107) Use - Principal: The main use of land or buildings as
distinguished from subordinate or accessory uses. A
'principal use' may be either permitted or conditional.
(108) Variance: Means a modification or variation from the pro-
visions of this ordinance granted by the Board and applying
to a specific parcel of property because of undue hardship
due to circumstances peculiar and unique upon such parcel.
(109) Vending Machine: Any coin operated device which dispenses
a product or service without an attendant.
(110) Warehouse: see motor freight.
(111) Yard: Is defined as that open space on any lot which is
unoccupied by a building or structure from its lowest
ground level to the sky. A yard shall be measured from
the lot line to the vertical wall of the principal struc-
ture or structures.
(112) Yard - Front: A yard extending along the full width of
4110 the front lot line between side lot lines and extending
from the abutting front street right-of-way line to a
depth at its shallowest width required in the yard regu-
lations for the district in which such lot is located.
(113) Yard - Rear: A yard extending along the full width of
the rear lot line between the side lot lines and extend-
ing toward the front lot line for a depth as specified in
17
the yard regulations for the district in which such lot
410
is located.
(114) Yard - Side: A yard extending along the side lot line
between the front and rear yards, having a width as speci-
fied in the yard regulations for the district in which
such lot is located.
(115) Zoning Administrator: Person appointed by the City Manager
as provided by this ordinance.
(116) Zoning District: An area or areas within the limits of the
City for which the regulations and requirements governing
use, lot and size of building and premises are uniform.
GENERAL PROVISIONS
427.05 APPLICATION OF THIS ORDINANCE.
( 1) In their interpretation and application, the provisions of
this Ordinance shall be held to be the minimum requirements
for the promotion of the public health, safety, morals, and
welfare.
( 2) Where the conditions imposed by any provision of this Ordin-
ance are either more restrictive or less restrictive than
comparable conditions imposed by any other law, ordinance,
statute, resolution, or regulation of any kind, the regu-
lations which are more restrictive, or which impose higher
standards or requirements shall prevail.
( 3) No structure shall be erected, converted, enlarged, recon-
structed or altered, and no structure or land shall be used
for any purpose nor in any manner which is not in conform-
ity with the provisions of this Ordinance.
( 4) When land is proposed to be annexed to the City of Hopkins,
18
the Commission shall hold a public hearing to determine
110 zoning of said land. The result of the hearing, along
with a recommendation, shall be presented to the City
Council. In the event of annexation proceedings becom-
ing final before the permanent zoning is determined, the
annexed area shall be placed in the "R-1-D" District and
such classification shall be considered as an interim
category pending permanent classification.
( 5) The development of all land which is within the desig-
nated flood plain of Minnehaha Creek or Nine Mile Creek
shall conform to the terms of this Ordinance.
427.06 NON CONFORMING USES AND STRUCTURES.
411 ( 1) Any obstruction or structure or use lawfully existing
upon August 11, 1966,but which would not now be permitted
under the same standards may be continued as a non-conform-
ing use at the size and in the manner of operation exist-
ing upon August 11, 1966, except as herein specified.
( 2) Nothing in this Ordinance shall prevent modernizing or re-
pairing of a structure when said structure is declared un-
safe by the Building Inspector, providing the necessary
repair shall not constitute more than 50% of fair market
value of such structure.
( 3) When any lawful non-conforming use of any structure or land
in any district has been changed to a conforming use, it
shall not thereafter be changed to any non-conforming use.
( 4) A lawful non-conforming use in or on any location may be
changed to a different non-conforming use provided such
new use is permitted in the zoning classification appli-
cable to such location or such new use is more restrictive
19
and if a more restrictive use is selected, the location
• shall not return to the previous less restrictive use.
( 5) Whenever a lawful non-conforming structure is destroyed
or damaged by any means to the extent that the cost to
repair such damage would be 50% or more of the appraised
value of the structure after such repair, then the use of
land and structure shall not be repaired except in con-
formance with this Ordinance. The appraised value shall
be determined by the Hopkins Tax Assessor.
( 6) Whenever a lawful non-conforming use of a structure or
land is discontinued for a period of six (6) months, any
future use of said structure or land shall be in conform-
4 ity with the provisions of this Ordinance.
( 7) Any non-conforming presently existing use in or on any
premise which use was in being on or before January 1, 1972,
except a use which is non-conforming only because of fail-
ure to secure a Conditional Use Permit is unlawful and here-
by prohibited; and shall cease forthwith subject only to the
granting of a Conditional Use Permit. Any such non-conform-
ing use as above described which has arisen after January 1,
1972, shall cease to exist and become prohibited one year
from and after the notification thereof upon the owner or
occupant of such premises, such notice to be by certified
mail to the last known address of such owner or occupant.
Such non-conforming use may be extended by resolution of the
Council provided the expenditure necessary for conformance
to this Ordinance is at least $10,000.
( 8) Normal maintenance of a building or other structure con-
taining or related to a lawful non-conforming use is per-
20
mitted, including necessary non-structural repairs and
410 incidental alterations which do not extend or intensify
the non-conforming use.
( 9) Non-conforming uses shall not be expanded beyond the
building in which said use is located at the time this
Ordinance becomes effective.
427.07 LOT PROVISIONS
( 1) A lot of record existing upon the effective date of this
Ordinance in an "R" District, which does not meet the
minimum requirements of this Ordinance as to area or di-
mensions may be utilized for single family detached dwel-
ling purposes provided the area and width of such lot
411 are not less than 2/3 of such minimum requirements for the
district within which the lot is located.
( 2) Except in the case of planned developments as provided for
hereinafter, not more than one principal building shall be
located on a lot.
( 3) On a through lot, both street lines shall be front lot lines
for applying this Ordinance.
( 4) No front yard required by this Ordinance shall contain any
building or other structure except fencing, ornamental out-
door furniture, permitted signs and landscaping.
110 ( 5) Except in planned unit developments as provided for herein-
after, all lots shall have frontage on a public right-of-way.
427.08 ACCESSORY BUILDINGS AND STRUCTURES:
( 1) No accessory building or structure other than a fence, tem-
porary construction office or garage for residential use
shall be constructed on any lot in any residential (R) dis-
trict prior to the construction of the principal building.
21
Said residential garage may be used for storage and or
410 service when directly related and prior to the construc-
tion of the Principal Building to be located on said lot.
( 2) No accessory building to a residential structure shall
exceed fifteen (15) feet in height and all other acces-
sory buildings shall not exceed the height of the prin-
cipal building.
( 3) Accessory buildings to a residential structure shall not
exceed an aggregate area of 528 sq. ft. per dwelling unit
except the aggregate area may be extended to the follow-
ing percentage of lot area for the zoning district desig-
nated provided the area does not exceed 1000 sq. ft.
411 R-1A - 12%; R-1B - 10%; R-1C - 8%; R-1D - 6%.
( 4) Except as provided in Section 427.08 and 427.38 of this
Ordinance, no detached accessory building in any district
shall be located closer than two (2) feet from any side
or rear lot line, except that the vehicle entrance side
to such building shall be not less than 20 feet from any
such yard line.
( 5) Any detached accessory building in any district which
abutts any lot in an "R" district shall provide yard re-
quirement as required in the "R" district unless said
accessory building is over 24 feet in length, in which
case the required side or rear yard shall be increased
12 inches for each 10 feet of length beyond 24 feet to
a maximum yard of ten (10) feet.
( 6) Detached accessory buildings in the "B" or "I" district
may with written consent of the owner of the abutting lot
in the "B" or "I" district, have a masonry wall located
22
on the lot line provided a twelve (12) foot wide open
space remains as the side yard along the other side lot
line to provide access from a public right-of-way (alley
or street) .
427.09 REQUIRED YARDS AND OPEN SPACE :
( 1) No yard or other open space existing on or before
August 11, 1966. shall be reduced in area or dimension be-
low the minimum requirement set forth herein.
( 2) The following shall not be considered as encroachments on
yard and setback requirements.
(a) Chimneys, flues, belt courses, leaders, sills, pi-
lasters, lintels, ornamental features, cornices,
eaves, gutters and other similar projections, pro-
vided they do not exceed more than two feet into a
yard.
(b) Yard lights and name plate signs in "R-1","R-2"
and "R-3" Residential Districts provided such lights
are three (3) feet or more from all lot lines and
subject to Section 427.42. Lights for illuminating
parking or loading areas or yards for safety and se-
curity purposes may be provided where necessary if
that glare is not visible from the public right-of-
way or adjacent residential property and not more
than three (3) foot candle of light intensity is
present at residential property line.
(c) In front yards, balconies that extend a distance of
four (4) feet or less, provided they are seven (7)
23
feet or more above the grade at the building line, steps,
stoops and uncovered porches.
(d) In side yards, terraces, patios, driveways, off-street
parking, steps, uncovered porches or stoops which do not
extend in elevation above the height of the ground floor
level of the principal building and do not extend nearer
than two (2) feet from any lot line. No basketball re-
bound board and hoop shall be installed less than eight
(8) feet from the side lot line.
(e) In rear yards, bays not to exceed a depth of two (2) feet
nor to contain an area of more than twenty (20) square
feet; fire escape with treads not exceeding a width of
4111 three (3) feet; balconies, breezeways, detached outdoor
picnic shelters and recreational equipment, and off-street
parking except as hereinafter regulated.
( 4) Whenever a park or play area is so located that it abutts on
a public or railroad right-of-way, either a landscaped yard
area of at least thirty (30) feet shall be maintained be-
tween such right-of-way and the nearest developed play space,
or a fence in conformity with Section 427.11 or a six (6)
foot chain link fence shall also be used.
427.10 TRAFFIC VISIBILITY:
On corner lots in all districts except B-2 and B-3, no
structure or planting in excess of thirty (30) inches above
the abutting curb line shall be permitted within a triangu-
lar area defined as follows: "beginning at the intersection
of the projected curb lines of two intersecting streets,
thence thirty (30) feet along one curb line, thence diagon-
ally to a point thirty (30) feet from the point of begin-
24
ning on the other curb line, thence to the point of be-
ginning.
427.11 FENCES:
( 1) Permit Required: No person, firm or corporation, shall
hereafter construct, or cause to be constructed or erected
within the City of Hopkins, any fence without first making
application for and securing a permit therefor from the
Building Inspector of the City of Hopkins.
( 2) Location: All boundary line fences shall be located en-
tirely upon the private property of the person, firm or
corporation constructing or causing the construction of
410 such fence unless the owner of the property adjoining
agrees, in writing, that such fence may be erected on the
division line of the respective properties. The Building
Inspector may require the owner of the property upon which
a fence now exists, or may require any applicant for a
fence permit to cause to establish the boundary lines of
his property by a survey thereof to be made by any Regis-
tered Land Surveyor.
( 3) Construction and Maintenance: Every fence shall be con-
structed in a substantial, workmanlike manner and of sub-
stantial material reasonably suitable for the purpose for
IIIP which the fence is proposed to be used. Every fence shall
be maintained in a condition of reasonable repair and shall
not be allowed to become and remain in a condition of dis-
repair or danger, or constitute a nuisance, public or pri-
vate. Any such fence which is, or has become dangerous to
the public safety, health or welfare, is a public nuisance,
and the Hopkins Building Inspector is hereby authorized
25
to commence proper proceedings in the Hennepin County
1011
Municipal Court for the abatement thereof. Link fences,
wherever permitted, shall be constructed in such manner
the barbed end is at the bottom of the fence and the knuckle
end is at the top thereof.
( 4) Barbed wire fences shall not be permitted, used or constructed
except in industrial districts as hereinafter provided.
( 5) Residential District Fences: In any part of Hopkins zoned
residential, no boundary line fence shall be erected or
maintained more than three and one-half (31) feet in height
except that:
(a) fences on any corner lot erected within thirty (30) feet
of the intersecting curb line shall be subject to Sec-
tion 427.10, and;
(b) fences on side property lines shall not be more than
six (6) feet in height for the distance commencing
from a point on such side property line located at
the rear lot line and proceeding thence along such
side property line to a point thereon which would be
intersected by the rear wall line of the then existing
principal building on that lot on either side of such
fence, which building line intersecting such fence
111, line is closest to the rear lot line from which such
fence commences provided that if such principal build-
ing is located more than fifty (50) feet away from
such fence line and is owned by someone other than the
fence owner or erector, then such six (6) foot side
yard fence may be constructed to a point of such side
26
yard which would be intersected by the rear wall of
/11111 the principal building on said lot thus fenced; and
(c) fences along any rear property line, which is also
the rear property line of an abutting lot shall not
exceed six (6) feet in height; and
(d) fences along a rear property line which line con-
stitutes the side lot line of an abutting lot shall
not exceed six (6) feet in height for a distance cal-
culated as in (b) herein and shall not exceed three
and one-half (31) feet in height thereafter. All
fences in any residential district shall be construc-
ted in such manner that at least twenty-five (25 per-
4111 cent of the plane between the ground and the top of
the fence is open, and in calculating such percentage,
distances of fifty (50) feet may be averaged beginning
at the permitted point opposite the principal building.
(e) fences on side street lot lines shall not be more than
six (6) feet in height for the distance commencing from
a point on such side street lot line located at the rear
lot line and proceeding thence along such side lot line
to a point thereon which is forty (40) feet distant
from the front lot line, but in no case shall said fence
extend forward of the front line of the house.
(f) property line fences abutting "R" Districts shall con-
form to those conditions applying to the "R" Districts.
( 6) Business District Fences: Property line fences within any
business district shall not exceed six (6) feet in height
except that the Council may grant a Conditional Use Permit
for a fence up to eight (8) feet in height provided:
27
Ill
•
t
(a) that applicant has an approved open sales lot or;
(b) open sales lot classified as a non-conforming use; or
(c) has a commercial or industrial operation which requires
the storage of equipment outside the building; or
(d) the premise or use may be dangerous to the public; or
(e) the use is an attractive nuisance and the applicant
can show that for security reasons a fence of six (6)
feet will not be adequate.
( 7) Industrial District Fences: Property line fences in any
industrial district shall not exceed eight (8) feet in
height except that:
1111 (a) fences in industrial districts which are primarily
erected as a security measure may have arms project-
ing into the applicant's property on which barbed
wire can be fastened commencing at a point at least
seven (7) feet above the ground, and
(b) such fence shall not be erected within the landscaped
portion of the front yard of any industrial estab-
lishment.
( 8) Special Purpose Fences: Fences for special purposes and
fences differing in construction, height or length may be
permitted in any district in the City of Hopkins by the
11) issuance of a Conditional Use Permit approved by the Zoning
and Planning Commission and by the City Council upon proof
and reasons submitted by the applicant and upon the sign-
ing by said bodies that such special purpose is necessary
to protect, buffer or improve the premises for which such
fence is intended. Such special fence permit, if issued,
may stipulate and provide for the height, location, con-
28
struction and type of special fence thereby permitted.
427.12 PUBLIC UTILITY SERVICES:
This ordinance shall apply to all public utility buildings
and structures except those wires, pipes and conduit which
is an integral part of a system for public transporation or
for transmitting power, water, heat, communications, gas or
sewage by any public utility, and located on public ease-
ments or rights-of-way.
427.13 LAND RECLAMATION AND MINING:
Land reclamation and mining shall be permitted in all dis-
tricts by Conditional Use Permit. The Conditional Use Per-
411 mit shall include as a condition thereof an approved fin-
ish grade plan which will not adversely affect the adjacent
land, an approved program for regulating the type of fill
permitted, for control of rodents, fire, vehicular ingress
and egress, hours of operation, unstable slopes, material
dispersed by wind or hauling of material to or from the
site, and general maintenance of the site.
427.14 STRUCTURES IN PUBLIC RIGHTS-OF-WAY:
No structure shall be located in or on any public lands or
rights-of-way without a permit therefor issued pursuant to
appropriate City Ordinances or other regulations.
ADMINISTRATION AND ENFORCEMENT
427.20 ENFORCING OFFICER:
The City Manager shall appoint a Zoning Administrator who
shall have the duty and responsibility of enforcing and
administering this Ordinance.
29
427.21 BUILDING PERMIT:
• No structure shall hereafter be erected, or structurally
altered until a building permit shall have been issued and
no building permit shall be issued therefore except in con-
formance with an approved Conditional Use Permit or Certifi-
cate of Occupancy application as applicable.
427.22 DUTIES OF THE ZONING ADMINISTRATOR:
The Zoning Administrator shall enforce this Ordinance and
in furtherance of said authority he may:
( 1) Conduct inspections of buildings and use of land to de-
termine compliance with the terms of this Ordinance and to
that end is hereby authorized and empowered to enter into
or upon the premise for such purpose with or without the
owner or occupant thereof.
( 2) Maintain permanent and current records of this Ordinance,
including but not limited to, all maps, amendments and con-
ditional uses, variances, appeals, certificates of occu-
pancy and application thereto.
( 3) Receive, file and forward all applications for amendments,
variances, conditional use or other matters to the Com-
mission and Council.
( 4) Institute in the name of the City of Hopkins any appropriate
actions or proceedings against a violator as provided by law.
( 5) Establish and enforce necessary or desirable regulations,
in writing, clarifying or explaining any provision of this
Ordinance.
( 6) A record of each non-conforming use in existance as of
August 11, 1966, shall be maintained by the Zoning Admin-
istrator. Such record shall indicate the type of use,
30
square footage in use, number of employees and other per-
iltinent information as considered necessary to establish
the size and scale of the non-conforming use. A record
shall be furnished the owner of the use.
427.23 VARIANCES:
( 1) Applications for variances shall be filed with the Zoning
Administrator and shall state the exceptional conditions
of the lot and the peculiar and practical difficulties
claimed as a basis for a variance.
( 2) All applications for variances shall be referred by the
Zoning Administrator to the Board which shall hear the
. applicant, or representative thereof, at its next regular
meeting after fourteen (14) days after the date of filing
the application. The Board shall recommend such conditions
relating to the granting of a variance as they deem neces-
sary to adjust the hardship or special situation so as to
carry out the intent and purpose of this Ordinance or
shall recommend denial of the request.
( 3) Issuance of Variance: Prior to the Board formulating a
decision and the conditions in support thereof, it shall
find that the literal enforcement of the provisions of
the zoning ordinance would cause an undue hardship because
of circumstances unique to the individual property under
consideration, and that the granting of a variance to the
extent necessary to compensate for said hardship is in
keeping with the intent of this Ordinance.
The Board shall not permit any use which is not permitted
under the ordinance for property in the zone which applies
to the land under consideration.
31
( 4) Action by the Board: The Board shall forward its recom-
. mendation within 65 days after the request for a variance
first appears on the agenda for consideration unless the
applicant files a request in writing with the clerk or a
motion is made from the floor for a 65 day extension
( 5) Action by the Council: Upon receiving the recommendation
of the Board or within 130 days after the request for a
variance first appeared on the Boards agenda if no recom-
mendation has been transmitted, the Council shall place
the request on its agenda for the next regular meeting.
427.24 AMENDMENT TO ZONING ORDINANCE:
The Council may b 4/5 vote of the entire Council, from
4 time to time, adopt amendments to this Ordinance.
( 1) Initiation for Amendment: The Council or the Commission
may, upon its own motion, initiate a request to amend this
Ordinance. Any person-owning real estate may petition the
Council to amend the district boundaries so as to affect
his real estate or a larger parcel which includes said
real estate.
( 2) Application for Amendment: All petitions for amendments
which are initiated by the owners of property shall be
filed with the Zoning Administrator. When said applica-
tion involves the changing of zoning districts and bound-
aries thereof, it shall be accompanied by a map or plat
showing the lands proposed to be changed and all lands
to be rezoned, together with the names and addresses of
the owners of the land in such area.
32
( 3) Rezoning: Rezoning designed to enlarge or relocate any
established business or industrial district may be enacted
only as an amendment changing the boundary line of said
district on the Zoning Map of Hopkins and such change shall
conform to the provisions of the Comprehensive Development
Plan of the City.
( 4) Referral to the Commission: All petitions for amendments
shall be referred to the Commission which shall hold an
official public hearing within 60 days of the date of filing
such petition.
( 5) Hearing: The Zoning Administrator shall cause to be pub-
lished a notice of public hearing in the official news-
paper at least ten (10) days but not more than 30 days
prior to the date of the hearing.
( 6) Action by the Commission: If the request is for a dis-
trict change, notices shall be mailed to all owners of
property within 350 feet of the parcel included in the re-
quest, such ownership to be determined by the listing in
the files of the City Assessor, not less than five (5) days
nor more than thirty (30) days prior to the hearing. Fail-
ure of a property owner to receive notice shall not invali-
date any such proceedings as set forth within this Ordinance.
41/ The Commission shall make its recommendation to the Council
within sixty-five (65) days after the request first appeared
on the agenda or within sixty-five (65) days unless the ap-
plicant files a request in writing with the clerk or a motion
is made from the floor for a 65 day extension. by filing such
recommendation with the City Clerk.
( 7) Action by the Council: The City Clerk shall thereupon place
33
such matter on the Council agenda for its next regular
• meeting held at least five (5) days after such filing,
at which time the Council shall act thereon. Notice
of Council action shall be made to the applicant.
427.25 CERTIFICATE OF OCCUPANCY PERMIT:
( 1) No building permit for any construction, alteration or
moving shall be issued unless such building permit is
also for the purpose of securing a Certificate of Occu-
pancy for use of such existing or proposed structure.
( 2) The application for a Certificate of Occupancy shall
accompany the application for a building permit and
11111 shall be issued when the Zoning Administrator has found
the use and the conditions of the development in con-
formance with this Ordinance.
427.26 CONDITIONAL USE PERMIT:
A Conditional Use Permit is required wheiever:
(a) the proposed use is specified within the Zoning
District as a Conditional Use; or
(b) the proposed use is listed as requiring, under
either the General or Special Provisions of this
Ordinance, a Conditional Use Permit; or
(c) the building permit requested is for a new con-
struction or for the enlargement, remodeling or
repair of the exterior of any existing building
including structures accessory thereto, at a cost
of at least $75,000 except one (1) thru four (4)
family structures.
( 1) Application for Conditonal Use Permit: The application
34
for any Conditional Use Permit shall contain but shall not
110
be limited to at least the following data:
(a) site plan showing location of all buildings and struc-
tures with dimensions
(b) planting plan showing location, species and size of all
plant material
(c) landscape plan showing pathway system, width and mater-
ial, screening fences with detail, lighting system,
recreational feature if any
(d) drainage plan indicating catch basins and underground
improvement
(e) utility systems for sanitary sewer, water, gas, tele-
phone and electric which shall all be underground for
new construction.
(f) off-street parking, drives and access plan
(g) off-street loading plan, if any is necessary
(h) trash container and pick-up plan
(i) plan for adjustment to existing rights-of-way, ease-
ments, utilities and new dedications
(j) architectural plans showing elevations, entrances,
heights, floor plans and material to be used on the
exterior.
41/ ( 2) Application for Building Permit Under 427.26 (c) . The ap-
plication for any building permit for the construction or
alteration set forth in 427.26 (c) above shall include or
specify at least the following additional information, and
a copy of such application shall be attached to and accom-
pany the application for any Conditional Use Permit required:
(a) exterior elevations of the proposed structure
35
(b) height, size, design and appearance of all elevations
• of the proposed building or addition facing any public
thoroughfare or other area owned or operated by the
public.
(c) description of the construction and the materials
proposed to be used.
(d) grade of the lot in relation to the street
(e) location and surfacing of all proposed parking facili-
ties
(f) location of proposed building or addition on such lot
(g) all access to public sidewalks, streets and alleys avail-
able to occupants and users
1110 (h) description of the functional plan of the proposed struc-
ture when erected
( 3) Preliminary Concept Plan: The applicant may request a Pre-
liminary Hearing with the Planning Commission in connection
with the Conditional Use Permit Application for the purpose
of exploring the concept ideas and all other pertinent
general information. Such requests shall be accompanied
with at least the same information set forth in 427.26 (1) ,
and such other information as the Zoning Administrator and
the Building Inspector may require. If such preliminary
plan is recommended or approved by the Zoning Administrator,
the final plan shall be scheduled for a Public Hearing as
hereinafter set forth.
( 4) All applications for any Conditional Use Permit shall be
filed with the Zoning Administrator or with the City Clerk
together with such filing fee as may be from time to time
established by Resolution of the Council.
36
( 5) Expiration of Conditional Use Permit: A Conditional Use
• Permit shall expire one year after it has been issued un-
less the use for which the permit has been granted is in
effect, except that, upon written application of the owner
of the effected land for which the permit was granted prior
to the end of said year may request and the Council may
grant an extension not to exceed one year.
( 6) Public Hearing: Whenever required, the Zoning Administrator
shall place the application for a Conditional Use Permit on
the Planning Commission agenda after the next ten (10) days
from the date of the filing of such application. All property
owners within 100 feet of the parcel involved in the Con-
ditional Use Permit application shall be notified not less
than five (5) days nor more than thirty (30) days prior to
the hearing. Failure of a property owner to receive notice
shall not invalidate any such proceedings as set forth in
this Ordinance.
( 7) Commission Recommendation: The Commission shall make its
recommendation to the Council within sixty-five (65) days
of the filing date or within sixty-five (65) days of any
continuance of such request as agreed to by the applicant
in writing or statement from the floor. Said Planning
• Commission recommendation shall be in Resolution form stat-
ing said findings in support or opposition to request as
filed and/or amended. The public hearing shall be continued
by the Commission from the first request until approval, de-
nial, withdrawl or until no action has been requested by the
applicant for a period of 12 months which shall automatically
make the application void.
37
( 8) Intent and Purpose of Review of Building Permit Application
• Submitted With Conditional Use Applications: The require-
ment set forth in 427.26 (2) of this Ordinance in connection
with the application for a Conditional Use Permit is deemed
necessary by the Council for the purposes set forth in
Section 427.26 (2) of the Ordinance and for the further
reasons and purposes that it is deemed by the Council that
a substantial depreciation of values in the neighborhood
where such construction is proposed as well as in and to
the City at large, occurs or may occur to the detriment of
the general public welfare if such construction or alter-
ation contains exterior facing materials which are either
1111
temporary or are not of a permanent nature or have a ten-
dency to deteriorate rapidly or may be easily disfigured,
marred or damaged, or which for any reason may rapidly be-
come unsightly in appearance; examples of which materials
being, but not limited to the following: Concrete masonry
units, common clay tile, tar paper or other similar build-
ing composition sheet materials, either corrugated or plain
and exposed unfinished concrete unless some or all of such
materials are constructed and used in a special arrangement
or combination with other materials of a permanent nature
• with good architectural design.
( 9) Approval by Building Inspector: Whenever an application is
made for the building of any structure included in 427.26 (c) ,
the applicant or owner may present to the building inspector
a request for approval for the use of such materials as here-
inabove set forth, and in connection therewith shall file
such preliminary or final sketches, samples and any other
38
information as may be necessary to indicate accurately the
• cause to be made of such materials and the location and ap-
pearance of such materials and of the exterior of such
structure when completed. The building inspector may grant
approval for the use of such materials based upon all such
information, sketches and applications required hereunder,
which data shall be filed by him and shall become part of
the building permit together with all other additional in-
formation required by this Ordinance or by other Ordinances
of the City, showing compliance therewith and in conformity
with such sketches and other information and thereupon a
building permit may be issued.
111 ( 10) Appeal from Denial of Building Permit: Whenever the build-
ing permit or a request for preliminary approval, which de-
nial is based upon the location, use, or nature of the
materials intended to be used, the applicant may submit a
request on or before thirty (30) days from the date of such
denial for a review of his application and the denial thereof
to the Zoning and Planning Commission without payment of any
additional filing fees of any kind. The Commission may over-
rule the building inspector or it may by negotiation and
agreement amend or otherwise modify the plan or materials to
• be used and thereupon grant such permit.
427.27 BOARD OF ADJUSTMENTS AND APPEALS:
( 1) The members of the Zoning and Planning Commission shall serve
and are hereby designated as the Board of Adjustments and
Appeals pursuant to and with the duties, powers and alle-
gations set forth in M.S.A. 462.351 thru 462.363.
( 2) Procedure: At the first meeting and thereafter at each
39
Clerk and City Manager who shall be responsible to notify
all concerned parties.
ZONING DISTRICTS
427.28 DISTRICTS:
( 1) For the purpose of this Ordinance the City of Hopkins is
hereby divided into the following Use Districts and groups
of Use Districts all as defined in Section 427.51 of this
ordinance.
"R" RESIDENTIAL DISTRICT
R-1-A Single and Two Family High Density
R-1-B Single Family High Density
R-1-C Single Family Medium Density
iR-1-D Single Family Low Density
R-2 Low Density Multiple Family Residential District
R-3 Medium Density Multiple Family Residential District
R-4 Medium High Density Multiple Family Residential District
R-4 Planned Unit Development
R-5 High Density Multiple Family Residential District
R-6 Medium Density Multiple Family Residential District
"B" BUSINESS DISTRICT
B-1 Limited Business District
B-2 Central Business District
• B-3 General Business District
B-4 Service Business District
"I" INDUSTRIAL DISTRICT
I-1 Industrial District
I-2 General Industrial District
"F.P." FLOOD PLAIN
( 2) Reference in this ordinance to "R" Districts shall include
41
• R-1, R-2, R-3, R-4, R-5 and R-6 Districts; reference in
this Ordinance to "B" Districts shall include B-1, B-2,
B-3 and B-4 Districts; reference in this ordinance to
"I" Districts shall include I-1 and I-2 Districts.
427.30 BOUNDARIES:
( 1) District boundary lines as indicated on the zoning map
follow lot lines, the center line of streets or alleys,
the center lines of streets or alleys projected, the
center of water courses or the corporate limit lines,
all as they exist upon the effective date of this ordin-
ance. If district boundary lines do not follow any of
• the above described lines, the district boundary lines
are established as drawn on the Zoning Map, except where
a district boundary line divides a lot of record which
was in single ownership at the time of enactment of this
ordinance and places portions of such lot of record in
two (2) or more Use Districts, any portion of such lot
within fifty (50) feet on either side of such dividing
District boundary line may be used for any use of either
Use District provided, however, if any portion of such
lot shall extend beyond the fifty (50) foot limitation,
the District line as shown shall prevail except the F.P.
district line which shall be relative to the profile and
and shown on the Zoning Map.
( 2) Appeals from the Zoning Administrator's determination and
questions of doubt concerning the exact location of District
boundary lines shall be heard by the Board.
42
January meeting, the Board shall elect from its membership
410 a chairman and vice-chairman. It shall formulate and adopt
rules of procedure. Meetings of the Board shall be scheduled
once each month at a time and place to be specified in the
rules and procedures. There shall be a fixed place of meet-
ing and all meetings shall be open to the public.
( 3) Appeals from Staff Decisions: The Board shall hear and con-
sider only appeals submitted in writing from any action rela-
tive to this ordinance taken by the City Administrative staff,
which appeal shall be filed not later than 90 days from the
date of such staff determination; and shall make its find-
ings an order thereon not later than 90 days from such ap-
peal unless the time is extended by written mutual agree-
ment of the parties. Failure by the Board to act within the
time herein set forth shall be construed as a determination
in favor of the applicant.
( 4) Variances: The Board shall hear and consider all requests
for variances filed under Section 427.23 of this Ordinance
and make recommendations in writing thereon to the Council.
All actions hereunder shall be by resolution containing
findings and recommendations and shall be made by the Board
not later than 60 days from the date of the filing of the
petition for any such variance unless said time is extended
by mutual agreement in writing by all parties. Failure of
the Board to act within the time heretofore set forth shall
be construed as a referral thereon to the Council without
recommendation.
( 5) Copies of all resolutions, findings and orders including
minutes showing action thereon shall be filed with the
40
• ( 3) Whenever any street, alley or other public way is vacated
by official action of the City, the zoning district abutting
the center line of said alley or public way shall not be
affected by such proceedings.
427.31 RESIDENTIAL DISTRICTS:
Within the "R" Districts no structure or land shall be
used except for one or more of the uses so indicated as
permitted use, accessory use or after having received a
Conditional Use Permit and according to the provisions
contained in this Ordinance.
S
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43
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44
427.32 CREDITS AND ALLOWANCES FOR MULTIPLE DWELLING REQUIRED LOT AREA:
IIIThe following lot area credits and allowances shall be
applied for multiple dwellings in the"R-3", "R-4", "R-5"
and "R-6" Districts but in no event shall the minimum lot
area with allowances be less than 1850 sq. ft. , 850 sq. ft. ,
600 sq. ft. , or 850 sq. ft. per dwelling in the respective
"R-3", "R-4", "R-5" and "R-6" Districts.
( 1) For each parking space provided within the building or
underground, subtract 300 sq. ft. per unit.
( 2) If the site upon which the multiple dwelling is being
constructed is abutting "B-2", "B-3" or "B-4" Business
District, subtract 300 sq. ft. per unit.
4111 ( 3) If the abutting land is in the "R-1" District, add 300
sq. ft. per unit for that portion of the multiple
dwelling site within 150 ft. of the "R-l" District un-
less the land zoned "R-1" is used for a school, public
park or some other open space declared permanent by the
Council, then add only 100 sq. ft. per unit for that
portion of the multiple dwelling site within 150 feet of
the "R-1" District.
( 4) If the total lot coverage is less than 20%, subtract 150
sq. ft. per unit.
( 5) For each unit containing in excess of 2 bedrooms, add 300
• sq. ft.
( 6) Should it be necessary to raze existing principal build-
ings which are found by the Planning Commission to be in
dilapidated condition, or where said building is economi-
cally unfeasible, there shall be provided an allowance
45
of two dwelling units above any other allowance per-
mitted within this section. Upon said findings by the
Planning Commission the allowance for said existing
building may be given credit toward a proposed project
after its removal for a period not to exceed two (2)
years.
427.33 CONDITIONAL USES WITHIN THE RESIDENTIAL DISTRICTS:
Certain uses may or may not be suitable in a partic-
ular zoning district, depending upon the suitability
of the circumstances. When such circumstances are found
to exist, a conditional use may be granted. Conditions
may be applied to the granting of the permit and periodic
review of the permit may be required. The permit shall
be granted for a particular use and not for a particular
person or firm. The cancellation of a Conditional Use
Permit shall be considered equivalent to a rezoning, and
the same procedural requirements shall apply.
( 1) Expiration of Conditional Use Permit: A Conditional Use
Permit shall expire one year after it has been issued
unless the use for which the permit has been granted is
in effect, except that, upon written application of the
owner of the effected land for which the permit was granted
prior to the end of said year may request and the Council
may grant an extension not to exceed one year.
( 2) Use Where a Conditional Use Permit May Be Granted Subject
To At Least The Following Conditions:
(a) churches - any house of worship or church structure
located in any "R" District which provides space for
46
II/ more than 20 persons at worship shall be located
not less than 50 feet from any of its side and
rear lot lines.
(b) outdoor recreational areas not owned or operated
by the City of Hopkins, provided that:
1. all accessory or ancillary structures used in
connection therewith are located not less than
50 feet from all lot lines
2. golf courses shall not include driving ranges
and shall have an average of 130 yards or more
per hole
• 3. country clubs shall include a golf course
4. outdoor game court and swimming pools abutting
upon or in any "R" District shall be fenced and
screened by plantings or other suitable screen-
ing material, and shall not be lighted between
the hours of 11 P.M. and 6 A.M. of the follow-
ing day. The term game court and pool shall be
construed to include all areas bounded by the
fencing in connection therewith.
5. all recreation facilities shall require a cost
report to show the number of families necessary
411 to support such facility. Also a site plan in-
cluding parking, drainage, landscape plan and
other details as required.
(c) municipal service structures subject to the following:
1. any structure involving a use in connection with
the transmission of electric, telephone, telegraph,
47
gas, water, sewer and other public or private
utilities including any fence in connection there-
with shall conform to yard requirements, architec-
tural style and landscaping of the immediate neigh-
borhood.
2. electric power transmission lines shall be located
along public street (R.O.W.) or along railroad R.O.W.
3. buildings in public parks provided they are fifty
(50) feet or more from all lot lines in an "R"
District.
(d) public or equivalent private schools provided no build-
ings are located less than fifty (50) feet from any lot
line and that a fence is erected along the boundary
line which is common with abutting private property.
(e) railroad rights-of-way for through trains only
(f) off-street parking for abutting "B" or "I" uses may be
extended the width of three contiguous lots or 150 feet
which ever is greater onto land which is zoned for res-
idential use provided the land is under the same own-
ership or control as the land which is to be served
and said parking is not located between two existing
abutting residential uses subject to conformance with
• parking lot standards in this Ordinance.
(g) accessory structures other than private garage
(h) within the "R-4" or "R-5" districts - private clubs
and lodges not operated for a profit
(i) within the "R-3", "R-4" or "R-5" Districts - boarding
houses provided the site shall contain not less than
48
1000 sq. ft. of lot area for each person to be
110 accomodated.
(j) within the "R-3", '42-4" or "R-5" Districts, con-
valescent and nursing homes provided the site
shall contain not less than 600 sq. ft. of lot
area for each person to be accomodated
(k) within "R-2", "R-3", "R-4" or "R-5" Districts day
nursery provided play space of 60 sq. ft. per child
of the design capacity is fenced and not located in
the front yard and said nursery is licensed by the
State
(1) "R-4" District - mobile home court to accomodate
411
homes no wider than 12 feet, with 24 foot private
roadways designated as fire lanes, two parking
spaces with each site and guest parking at a ratio
of one-half (1) space per home
(m) "R-4" or "R-5" District - retail sales and service
may be provided by vending devices or by personnel
when such retail area is secondary to the principal
use.
(n) "R-4" or "R-5" District - offices on the first floor
for persons engaged in one of the recognized pro-
fessions, finance, insurance, real estate, religious
or philanthropic organizations
(o) "R-4" or "R-5" District - public or quasi public
buildings such as libraries, YMCA, museums, art in-
stitutes and within "R-1","R-2" or "R-3" if located
in a public park
49
(p) "R-4" and "R-5" District - motel provided the site
110 contains 1000 sq. ft. for each rental unit, and site
has frontage on a major thoroughfare
(q) foster homes shall be permitted in the "R-1" or "R-2"
District
(r) group homes shall be permitted in the "R-3", "R-4", or
"R-5" District provided the density shall not exceed
the density equivalent of three (3) persons per one
bedroom apartment minimum floor area
(s) school buildings which are a part of the physical sys-
tem of the district but which are considered temporar-
ily in surplus may be used as research centers, offices
of a general nature or as some form of educational ac-
tivity not necessarily similar to the public school
curriculum normally provided:
1. the off-street parking requirements are met
2. the work day of such use falls between 7 A.M. & 9 P.M.
(t) homes for the elderly may be located in the "R-4", "R-5"
or "R-6" District provided the floor area of each such
dwelling unit or apartment contains not less than 420
sq. ft. and is enhabited by not more than 2 persons as
defined in Section 427.04 (36)
• (u) photographic illustration studio in the "R-4" and "R-5"
Districts.
427.34 PERMITTED ACCESSORY USES WITHIN THE "R" DISTRICT
( 1) Private garages, parking space, car port for automobiles
and one truck not in excess of 9000 lb. rated capacity
when owned by the occupant
50
III
( 2) Garage sales, provided that no sale shall continue for
more than three (3) days and frequency shall not be
greater than twice a year.
( 3) Gardening and horticultural uses
( 4) Home occupations
( 5) Keeping of not more than two roomers by a resident family
( 6) Signs as regulated in this Ordinance
( 7) Buildings temporarily located for purpose of construction
or for sale or lease of units
( 8) Decorative landscape features
( 9) The storage outside of a building but not on a parking
• space which was included to meet the minimum standards
of this Ordinance, one building for winter ice fishing
or one boat or one trailer or one camper or one mobile
home provided none of the above mentioned items are over
eighteen (18) feet in length. Said storage shall not
be in the front yard
( 10) Recreational equipment provided it is so located as to
not encourage tresspassing onto abutting lots or en-
fringe on the side yard thereof.
427.35 BUSINESS DISTRICTS:
Within the "B" Districts no structure or land shall be
• used except for one or more of the uses indicated as a
permitted use, accessory use or use requiring a Condi-
tional Use Permit as follows:
51
PERMITTED USES B-1 B-2 B-3 B-4
• Appliance Store X X
Auto Repair - major X X
Auto and auto parts sales X X
Auto repair - minor X X
Auto accessory and parts sales when
conducted entirely within a building X X X
Auto, truck and trailer sales X X
Auto wash subject to ordinance X X
Armory, auditorium, exhibit hall (6)X
Bakery X X
Banks, Savings and Loans X
Beauty - Barber Shop X X X
Boutique's X
Book and Office Supply X X
Boat - Marine Sales X X
Bowling alley, table tennis center
pool hall and curling courts (1)X X X
Business School X X
Broadcasting (TV-Radio studio) X X
Bus and mass transit center X X
Bottling plant - max gross floor 6000 sq. ft. X
ill Candy, ice cream, pop corn, frozen desserts (2)X
Camera and photographic sales X X
Carpet and rugs X X
Clubs, private, non-profit (6)X X X
Cabinet, electrical, heating, plumbing
upholstery, air condition provided the
operation does not exceed 6000 sq. ft. X X
Clothing store X
Coin and stamp X X
Costume and formal wear rental X X
Commercial greenhouse X X
Cycle shop - snow mobile (3)X X
Dancing (see health clubs)
Delicatessen X X
Department store (includes discount) X
Drive-in (6)X (6)X
Dry cleaning and laundry pick-up X X X
Dry cleaning and laundry - self serve X X
Dental - medical laboratory (4)X X
Employment agency X X X
Fabric X X
• Florist Shop X X X
Floor covering - tile X X X
Furniture-upholstery as a secondary use X X X
Furniture stripping X
Garden and landscape items (6)X (5)X X
Gifts and novelties X X
Glass, china, pottery items X X X
Glass - mirror installations X X
Grocery, fruit and vegetables X X
Health Club (6)X (6)X (6)X (6)X
Hardware X X X
Hobby crafts-handycraft lessons X X
52
PERMITTED USES B-1 B-2 B-3 B-4
• Hotel X
Interior decorating studio X X X
Jewelry, time pieces, repair X
Karate (see health clubs)
Leather goods and luggage X
Library, public - private X X
Liquor store X X
Locker plant to 6000 sq. ft. X X
Locksmith, fix-it shop X X X
Lumber and building supplies X
Meat market X X
Musical instruments repair X X
Human care clinics X X
Mortuaries X X
Newstand - :magazines X
Newspaper office - printing X X
Optical - jewelry mfg. (6)X X
Offices in professions X X
Offices X X
Offices provided not more than 30%
of the floor space shall be devoted
• to storage, repair, fabricating or
assembling X
Offices provided not more than 60% of
the floor space shall be devoted to
storage, repair, fabricating or
assembling X X
Orthopedic and medical supplies,
sales, repair and mfg X
Pawn shop and used material X
Paint and wallpaper X X
Picture framing - art shop X X
Pharmacy, drug store X X X
Photographic studio, film, supplies X X
Pipe - tobacco shop X
Post office - telegraph X X
Printing shops subject to a max. of
4000 sq. ft. of gross floor area X
Print shop X
Public auction house (7)X X X
Physical cultural, health clubs,
karate, dance studios (7)X X X
Records, television, radio, hi-fi
and recording equipment X X
Restaurant drive-in (6)X
Restaurant - quick order X (6)X
Restaurant, cafe, tea room, taverns, bar X X X
Restaurant, cafe, tea room X X X X
Roller rinks, public dance hall, ice arenas (6)X X X
Rental service X X
Sewing machines, related equipment, classes X
Shoes - shoe repair X X
Sporting goods (non mobil) X X
Stationary supplies - card shop X X X
53
PERMITTED USES B-1 B-2 B-3 B-4
Stone - monument sales X
Tailor shop X X
Theatre (non drive-in) X X
Television - radio studio with tower X
Travel bureau X X
Taxidermist X
Taxi terminal X
Tire, battery, accessories X X
Tire recap services X
Trade school X
Variety store X
Veterinary clinic X X
(1) when not located on first floor
(2) not of drive-in type
(3) non-motorized-bicycle
(4) not on first floor
(5) total within building
(6) subject to Conditional Use Permit
(7) not on first floor
• Lot area 5000 - 4000 4000
Lot width 50 20 25 50
F A R 1.0 6 1.5 1.0
Front yard 20 1 1 20
Front yard of B lot abutting R District B requirements + 11 of R require-
ments
Side yard 10 0 0 20
Side yard if abutting Residential District
shall be same as Residential District
Rear yard from alley 20 10 15 20
Rear yard if abutting Residential District
shall be same as abutting yard required
in Residential District
Building Height (ft) 25 70 45 25
427.36 CONDITIONAL USES WITHIN THE BUSINESS DISTRICT:
Certain uses, may or may not be suitable in a partic-
iular zoning district, depending upon the suitability of
the circumstances. When such circumstances are found to
exist, a Conditional Use may be granted. Conditions may
be applied to the granting of the permit and periodic re-
view of the permit may be required. The permit shall be
granted for a particular use and not for a particular
54
person or firm. The cancellation of a Conditional Use
411 Permit shall be considered equivalent to a rezoning, and
the same procedural requirements shall apply. Uses where
a Conditional Use Permit may be granted:
( 1) accessory structures
( 2) private clubs and lodges in the "B-1" District, provided
they are not operated for a profit and do not require a
gross floor area greater than 5000 sq. ft.
( 3) offices are permitted in the "B-1" District provided not
more than 30% of the floor space is devoted to storage,
repair, fabricating or assembling of goods
( 4) day nursery in the "B-1" or "B-2" District for people
• provided an area of 50 sq. ft. or more per person is
provided and enclosed by a 5 foot fence. Said space
shall not be located in the front or side street yard
( 5) restaurants, cafes not of the drive-in or quick order
type are permitted in the "B-1" District
( 6) nurseries landscape and garden supply sales when all or
a portion is outside in the "B-1" or "B-4" District
provided:
(a) site shall be constructed according to a drainage
plan approved by the City Engineer
• (b) provision for loading and unloading shall be in
accord with a design submitted and approved by the
City
(c) a fence not less than 30 inches shall separate the
sales and service area from the front yard and in
the "B-3" District said yard shall be 20 feet in
depth
55
• (d) material in the "B-1" District which is offered
for sale in the open shall be horticultural ori-
ented and not include pumps, tools, lawn mowers,
fertilizers, fencing, ornamental art, etc.
( 7) Dwelling units not occupying first floor provided:
(a) off-street parking is provided for each dwelling
(b) all dwellings must have an entrance hallway lead-
ing directly to a public street or private open
space leading to street
(c) the density allowed shall be the same as "R-3"
(d) should a roof top be made available to a
• dwelling, it shall have a 42" minimum protective
parapet
( 8) Research and development laboratories in "B-3" or "B-4"
( 9) Convention hall, armory, exhibition hall in "B-4"
( 10) Drive-in, which is a facility offered by a business where
the person desiring to patronize the business may remain
in his vehicle and receive the goods or services offered
by the business in the "B-2", "B-3" or "B-4" provided:
(a) the business is designed for parking and traffic
flow according to a plan submitted and approved
by the City
(b) the site drainage is designed and built according
to a plan submitted and approved by the City
(c) that screening be provided to control headlights
(d) that provisions be made to pick up the adjacent
neighborhood daily relative to material initiated
at the site and discarded from the car
56
• (e) in the "B-2" and "B-3" District a landscaped front
yard not less than ten (10) feet in depth shall be
required
(f) the lighting shall be accomplished in such a way as
to have no direct source of light visable from the
public right-of-way or adjacent land in residential
use
(g) within the "B-2" District said drive-in shall abut
First Street North, Eleventh Avenue or Eighth Avenue
( 11) Commercial recreation in the "B-2", "B-3" or "B-4" District
such as bowling alleys, billiard halls, miniture golf, ar-
chery ranges, provided said business shall not occupy the
411
front forty (40) feet of a building in the "B-2" District.
( 12) Essential public service and utility structures.
( 13) Motel-hotel provided the site shall contain not less than
600 sq. ft. of lot area per rental unit and front on a
major thoroughfare.
( 14) Religious or philanthropic institutions.
( 15) Rental service when conducted totally within a building.
( 16) Open sales lot provided:
(a) the lot is graded and surfaced according to a plan
submitted and approved by the City Engineer
(b) the assembly, repair or manufacture of goods shall
not occur within an open sales lot
(c) all lot lines abutting an "R" District shall have a
six (6) foot fence which is 30% open erected along
the line except abutting required front yard
(d) there is located thereon a building devoted to and
57
used in conjunction with the open lot having a gross
• square footage as large or larger than the open sales
lot
(e) that the storage on such lot be so organized that a
space of 15 feet of vehicular accessible open space
remain between storage aisles which shall not exceed
50 feet in width
(f) that the height of such open storage shall not exceed
10 feet
(g) that all yards be respected and kept in a landscaped
condition
( 17) Parking lots, ramps.
• ( 18) Vending machines (coin operated) whether they be for ser-
vice or product shall be permitted inside a building;
when located outside of building they shall be considered
as a building and conform to this Ordinance.
( 19) Warehousing in the "R-3" and "R-4" Districts providing the
gross floor area does not exceed 16,000 square feet.
( 20) Utility service structures as regulated in Section 427.33 (c)
( 21) Pet shops in the "B-2" or "B-3" District provided the oper-
ation shall not include boarding of pets for a fee, the
maintaining of pens outside of the building or operating
' so as to cause an offensive odor or noise.
( 22) Hospital for human care.
( 23) Motor fuel stations in the "B-4" and "I-1" District pro-
vided:
(a) that the site shall be constructed for drainage ac-
cording to a plan submitted and approved by the City
Engineer
58
(b) that the entire site not covered with building or
• landscape shall be hard surfaced
(c) that any other business conducted on the site shall
conform to this Ordinance
(d) all outdoor illumination shall be provided with lenses,
reflectors or shades, which will concentrate the light
upon the premises so as to prevent glare or direct rays
of light therefrom being visible upon any adjacent high-
way or street or private property
( 24) Quick order food establishments provided:
(a) such sites provide access to the parking lot from two
or more public rights-of-way 50 feet or more in width
(b) the site has a 20 foot landscaped front yard
(c) provisions are made to pick up paper and debris daily
from the premise and within a 300 foot radius from
the restaurant premise
(d) that the parking area shall be surfaced and the site
graded according to a plan submitted and approved by
the City
( 25) Service and repair shops, appliances, radio, T.V. , picture
framing, in the "B-1", "B-3" and "B-4" and in the "B-2"
Business District provided such service and repair activ-
ities do not occupy the front 25 feet of the building at
street level
( 26) Mortuaries and funeral homes in the "B-1" or "B-4" District
provided the principal building is not less than 50 feet
from the lot line of an "R-1" District and said site de-
sign has a drive that will accomodate 10 vehicles
( 27) Airports
59
427.37 PERMITTED ACCESSORY USES WITHIN THE "B" DISTRICT
0 ( 1) Signs as regulated by this Ordinance.
( 2) Decorative landscape features.
( 3) Buildings temporarily located for purposes of construction
on the premise for a period not to exceed the time normally
necessary for completion of said construction.
( 4) Repair, manufacturing and assembly as a secondary use when
found necessary to the conduct of an allowable use provided
the gross floor area is not greater than 50% of floor area
devoted to the principal use in the "B-3", "B-4" or 30% in
the "B-1" and "B-2" Districts.
( 5) Off-street parking and loading as regulated by this Ordin-
• ance.
( 6) Private swimming pool, tennis court or similar recreational
devices
( 7) Marquees and awnings on public and private property sub-
ject to Section 360 of the Hopkins Code.
( 8) Uses customarily incidental to the principal use.
427.38 INDUSTRIAL DISTRICT:
Within the "I-1" and "I-2" Districts, no buildings or land
shall be used except for conducting one or more of the uses
classified as permitted, accessory or conditional and in
011 accord with the standards and specifications so stated.
Such uses shall include manufacturing, fabricating, repair,
storage, sales and all uses not totally conducted within a
building shall require a Conditional Use Permit approval.
60
PERMITTED USES I-1 I-2
II/ Food and eatable products X X
Apparel and textile products X X
Apparel from leather, plastic X X
Wood products X X
Furniture, fixtures X X
Paper products X X
Electric appliances, motor, etc. X X
Printing - publishing X X
Chemical and allied products X X
Rubber and plastic X X
Stone, clay, glass products X X
Primary metal products X X
Metal fabricating X X
Petroleum storage X X
Blacksmithing - welding X
Boat mfg. repair, storage X
Auto reduction yard X
Building contractors yard X
Ice, cold storage plant X X
Laundry X
Lumber yard - millworks X
Rental X
• Restaurant X
Trade school X
Research Lab X
Building materials yard X X
Vehicle painting, body work, repair X X
Billboards and signs as provided in
this Ordinance X X
Minimum lot area in square feet 10,000 12,000
Minimum lot width in feet 150 100
Minimum lot depth in feet 125 125
F.A.R. .60 .60
Minimum front yard in feet 20 20
Minimum front yard if across R.O.W.
from "R" District 75 50
Minimum side yard * 20 20
Minimum side yard abutting "R" District 40 40
Minimum rear yard without alley abutting
"I" or "B" District ** 20 20
Minimum rear yard with alley 12 12
• Minimum rear yard abutting "R" District 40 40
Maximum heights 35 35
* one side yard may be eliminated if the owner of the abutting building
files with the City an agreement to build to the line with both
buildings in conformance to the Fire Code and the remaining side yard
developed as a vehicular access to the rear.
** where a lot has railroad trackage abutting the side or rear of a site,
the side or rear yard may be adjusted to accomodate railroad loading
facilities
Front yard is to be landscaped except for that area where a drive-
61
way may cross or a sidewalk is constructed and said land-
4111 scaping shall be maintained.
427.39 CONDITIONAL USES WITHIN THE INDUSTRIAL DISTRICT.
Certain uses, may or may not be suitable in a partic-
ular zoning district, depending upon the suitability of
the circumstances. When such circumstances are found to
exist, a conditional use may be granted. Conditions may
be applied to the granting of the permit and periodic re-
view of the permit may be required. The permit shall be
granted for a particular use and not for a particular
person or firm. The cancellation of a conditional use
permit shall be considered equivalent to a rezoning, and
• the same procedural requirements shall apply.
( 1) Expiration of Conditional Use Permit: A conditional use
permit shall expire one year after it has been issued
unless the use for which the permit has been granted is
in effect, except that, upon written application the owner
of the effected land for which the permit was granted
prior to the end of said year may request and the Council
may grant an extension not to exceed one year.
( 2) Uses which are only permitted after the approval of a
Conditional Use Permit:
(a) trucking or bus terminal provided said site shall have
• a landscaped front yard of 40 feet or more when any
loading doors face the public right-of-way; the entire
site other than required front yard shall be fenced;
an off-street parking space for a 50 foot long, over
the road trailer shall be provided for each loading
bay included on the approved plan in addition to the
62
loading bay; all storage outside of a building shall
4IPbe considered an open sales lot and require a Condi-
tional Use Permit for same; lighting, if provided
shall be so located and designed as to concentrate
the light to prevent glare or direct rays of light
from being visible from any public roadway or pri-
vate property; should an outside public address sys-
tem be installed, it shall be so designed and used
that it shall not be heard from abutting property;
provisions for trash shall be provided and screened.
(b) radio or TV antennas
(c) airports or heliports
(d) contractor's yard provided said yard is screened from
the public roadway, storage is organized to permit an
aisle for vehicular travel 12 feet wide or greater be-
tween storage areas not greater than 40 feet in width;
that the yard be constructed for drainage according
to a plan submitted and approved by the City Engineer.
(e) vehicle washing facilities of such scale as to ac-
comodate trucks and other large vehicles in the "I-2"
District
(f) research laboratories
• (g) commercial laundry provided the sanitary sewer and water
systems are found adequate to meet the demand by the
City Engineer
(h) laundries and bag, carpet and rag cleaning provided
necessary equipment is installed and operated for the
effective precipitation and recovery of dust
63
(i) ice, cold storage or bottling works
4IP (j) within the "I-2" District - concrete products, mix plant
or asphalt mixing plant
(k) public utility structures
(1) nurseries, landscape and garden supply sales when all
or a portion is outside subject to conditions speci-
fied in 427.36 (6)
(m) open sales lots provided:
1. the lot is graded and surfaced according to a plan
submitted and approved by the City Engineer that
will adequately provide for drainage and dust
control
• 2. that the storage on such lot be so organized that
a space of 15 feet of vehicular accessible open
space remain between storage area with such areas
not to exceed 40' in width
3. that the height of such open storage shall not
exceed 15 feet
4. that the storage area shall be fenced in such a
way as to screen from the R.O.W.
5. that the area shall be landscaped and maintained
according to a plan submitted and approved by the
111
Building Inspector.
(n) junk yard provided said operation is fenced, has a 40
foot landscaped front yard screening the operation
from the public right-of-way, site is constructed ac-
cording to a submitted and approved grading plan, said
64
material contained therein is organized into storage
4IPaisles not to exceed 50 feet in width and served by
a minimum of 15 foot wide open aisles, that a fire
protection plan be approved by the City, that a ro-
dent prevention program be approved by the City and
that provisions be made to prevent oil from leaking
into the soil
(o) accessory buildings and structures
(p) petroleum sales and storage to accomodate customers
who receive petroleum delivered from a tank truck,
provided that if the storage tanks are above ground
that they be surrounded by a berm which has a capa-
city equal to 110% of the volume of the tanks
(q) motor fuel stations subject to those conditions
specified under Section 427.36 (23)
427.40 PERMITTED ACCESSORY USES WITHIN THE "I" DISTRICT.
( 1) Dwelling unit necessary to the security and safety of a
permitted or conditional use.
( 2) Signs as permitted and regulated within this Ordinance.
( 3) Off-street parking and loading spaces as required and per-
mitted within this Ordinance.
( 4) Incidental uses customary in the operation of a permitted
• or conditional use.
427.41 FLOOD PLAIN DISTRICT:
Within the F.P. District no structure or land shall be
used except in conformance with the provisions contained
herein:
( 1) The flood plain shall be all land within the City of
Hopkins which lies below the official flood profile line.
65
( 2) The Flood Plain District is an overlying set of regula-
1110 tions and standards applying to all land encompassed by
the flood plain. Said uses permitted are determined by
the zoning district within which the land is located.
( 3) Within the flood plain no uses which will require a
structure, fill or conditions which would adversely af-
fect the capacity of the channel or floodways shall be
permitted without a Conditional Use Permit.
( 4) Conditional Use Permit Application: Any person, Corpor-
ation or other legal entity which can show ownership or
equitable interest in a parcel of land may apply for a
Conditional Use Permit to utilize said parcel.
( 5) Criteria for granting a Conditional Use Permit Application:
(a) it shall be found that the approval of said permit
will not allow any obstruction or use which will un-
duly decrease the capacity of the channel or flood
plain of the creeks or unduly increase the flood
heights or may result in danger to persons or prof
perty, not withstanding anything to the contrary
contained herein. No obstructions shall be per-
mitted within the floodway portion of the flood
plain except for obstructions designed for water
management approved by the appropriate Watershed
•
District and the City. An obstruction lies within
the floodway if, acting alone or in combination with
existing or anticipated future uses. It would in-
crease the elevation of the regional flood as shown
on the Official Flood Profile by six (6) inches or
more within the "reach" of that obstruction or use.
66
(b) It shall be found that the approval of said permit will
not cause any obstruction which restricts the right of
public passage and use of the channel of Minnehaha
Creek or Nine Mile Creek, except that a Conditional
Use Permit may be issued for obstructions approved by
the Minnehaha Creek Watershed Districts as to Minnehaha
Creek, and the the Nine Mile Creek Watershed District
as to Nine Mile Creek and used for flood plain manage-
ment provided adequate provision is made for portaging
and for passage of water craft relative to Minnehaha
Creek.
(c) It shall be found that the approval of said permit will
inot cause obstruction or use which will adversely ef-
fect land or water areas essential to the protection of
surface and ground water supply.
(d) It shall be found that the approval of a permit to fill
within the flood plain shall include provisions for
compensating storage and channel improvement so that
the flood level shall not be increased at any part a-
long the channel more than 6" within the reach where
the fill is to take place.
(e) It shall be found that the approval of a permit to con-
struct public utilities, railroads, streets and bridges
shall not cause any obstruction which will be in con-
flict with Section 427.41 (5) (a) of this Ordinance
unless said improvement is approved as a part of the
flood management plan by the applicable flood plain
district of Section 427.41 (7) of this Ordinance is
to be applied.
67
( 6) Standards and Regulations:
0 (a) any proposed development which is to adjust the flood
plain elevations through creation of retention areas
shall include a method for maintenance acceptable to
the City, said retention area shall be constructed so
as to be operative prior to acceptance of buildings
(b) structures to be located in the flood plain shall con-
form to Section 427.41 (11) of this Ordinance and the
finished fill elevation shall be no more than one foot
below the regulatory flood protection elevation for
the particular area and shall extend at such elevation
at least fifteen (15) feet beyond the limits of any
. structure erected therein.
(c) any fill must be shown to have some beneficial purpose
and the amount hereof must not exceed that necessary
to achieve the intended purpose, as demonstrated by a
plan submitted by the owner showing the uses to which
the filled land will be put, and the final demensions
of the proposed fill area. Such fill shall be pro-
tected against erosion as specified in the Conditional
Use Permit
(d) trees of 6" diameter or greater which exist within the
flood way shall be retained as a part of the erosion
•
control program
(e) the bulk storage of flammable liquids or other deleter-
ious products within the flood plain shall be prohibited
( 7) Right of Passage: It is unlawful for any person, without a
68
Conditional Use Permit obtained pursuant to this Ordinance
410
to place any obstruction in Minnehaha Creek to obstruct
the passage of water craft and to place any obstruction in
Minnehaha or Nine Mile Creek to interfere with the use by
the public of the channel, except obstructions placed by
the Nine Mile Watershed District in Nine Mile Creek and
Minnehaha Watershed District in Minnehaha Creek for flood
plain management provided adequate provisions are made in
case of Minnehaha Creek for portaging or passage of water
craft.
( 8) Declared Emergency: The City Council, during a declared
emergency may authorize temporary diking by the City, or
411 where considered necessary by the landowner, without a
Conditional Use Permit. Said temporary dikes are to be
removed within 90 days after the City Council has declared
the emergency terminated and failure to do so will be a
violation of this Ordinance.
( 9) Utilities, Railroad Tracks, Streets & Bridges: Public
utilities, streets, railroad tracks and bridges within the
flood plain shall be considered an obstruction unless so
designed as to not increase the elevation of the Official
Flood Profile more than 6" vertically within the reach
where the construction is to take place and should this
411 not be acceptable, said responsible agent for the public
utility, street, railroad track or bridge, shall acquire
necessary easement for all land to be included in the ad-
justed flood plain above the 6".
69
( 10) Adjustments of Regulatory Flood Protection Elevations and
410 Flood Plain Elevations: In connection with any proposed
development of, or proposed placing of an obstruction in
the flood plain, if the regulatory flood protection ele-
vations and flood plain elevations then being used re-
flect proposed measures for flood control, including water
retention areas, then such elevations shall not be ef-
fective or used in issuing a Conditional Use Permit until
such measures are constructed and operative, unless the
proposed measures will increase the flood heights, in
which event, the regulatory flood protection elevations
and flood plain elevations used in issuing a Conditional
411 Use Permit shall reflect the anticipated increases.
( 11) Construction on Fill in Flood Plain: Structures which are
to be located within the Flood Plain shall have the floor
elevation of the basement, cellar and, if no basement or
cellar, the floor of the first story equal to or in ex-
cess of the "regulatory flood protection elevation".
Where the elevation of existing streets or utilities make
compliance with the foregoing regulations impractical and
create a hardship, the Board may authorize other techniques
for protection of residences.
( 12) Certificate of Zoning Compliance: Upon completion of any
III
work on projects pursuant to a Conditional Use Permit or
variance granted pursuant to this Ordinance and prior to
the use or occupancy of the land or obstruction permitted
by the Conditional Use Permit or variance, a Certificate
of Zoning Compliance shall be issued therefore by the City
70
Manager stating that the use of the land or obstruction
410 conforms to the requirements of this Ordinance. Prior to
issuance of such Certificate, applicant, if requested by
the City Manager, shall submit a certificate by a regis-
tered professional engineer or land surveyor, as appro-
priate, that the permitted obstructions, including, but
not limited to, finished fill and building floor eleva-
tions, floodproofing, or other flood protection measures,
have been completed in compliance with the provisions
of this Ordinance and in compliance with the information
given to the City in connection with the application for
the Conditional Use Permit or Variance.
•
SPECIAL PROVISIONS
427.42 SIGNS, ADVERTISING LIGHTS AND DEVICES.
( 1) All outdoor signs in existance and those proposed to be
erected pursuant to this Ordinance in all zoning districts
shall be governed by Section 409.00 of the 1973 Code of
Ordinances of the City of Hopkins including any amendments
which may be enacted; and all such signs shall further be
governed by the provisions of the Hopkins Zoning Ordinance
and such other ordinances and regulations as may be enacted.
( 2) Exceptions: This Ordinance shall not apply to any display
•
or directional signs, street signs or other signs which
have been authorized by the City of Hopkins for erection
in the public right-of-way, or to any on-site private in-
structional signs which are so located and intended to aid
persons who are on the private parcel of land providing
71
that any such instructional signs do not exceed an area
• of four (4) square feet.
( 3) Yards: Signs shall conform to building yard regulations
for the district in which they are located except as other-
wise specified in this Ordinance.
( 4) Prohibited Signs: The following types of signs are pro-
hibited within the City:
(a) illuminated flashing, rotating or animated
(b) signs painted, attached or in any other manner affixed
to trees, rocks, or similar natural surfaces, or attached
to public utility poles, bridges, towers, or similar
public structures
• (c) any sign, device, lamp or light which is so constructed,
operated or used that illumination emanating therefrom
is concentrated or beamed is hereby prohibited except
that in Zoning Districts "B-3", "B-4", "I-1", and "I-2",
searchlights for advertising purposes may be used from
and upon private property for a period of not to exceed
three (3) days in any one (1) thirty day period
(d) signs which by reason of position, shape or color, would
detract from or otherwise interfere with the proper func-
tioning of a traffic control sign or signal
(e) signs that resemble any official marker erected by a
governmental agency or display such words as "stop" or
"danger" except official traffic control signs, and ex-
cept in planned developments served with private streets,
traffic control signs may be used where approved by the
City Engineer.
72
( 5) Political signs may be located in yards, shall not exceed
4I0
four (4) square feet in area, shall be permitted for a
period not to exceed thirty (30) days prior to the elec-
tion and shall be removed within seven (7) days after
said election.
( 6) Construction Sign: Is a temporary sign placed at the con-
struction site identifying the project, name or architect,
engineer, contractor, financier or other involved parties
and may be located in any district, shall not exceed 50
square feet, shall not be erected more than 8 feet above
grade, may be in the required yard space, shall not be
erected prior to the issuance of the building permit and
shall not remain after issuance of the Certificate of
Occupancy
( 7) Banners and Similar Temporary Signs: Banners, pennants
and temporary directional signs may be used for grand-
openings, special events and holidays when located on
the site to which attention is directed for a period not
to exceed 30 days upon approval of the Zoning Administrator.
Frequency for any single use shall not exceed twice in one
year.
( 8) The area within the frame shall be used to calculate the
1111 square footage except that the width of a frame exceeding
twelve (12) inches shall constitute advertising space, or
should such letters or graphics be mounted directly on a
wall or fascia or in such a way as to be without a frame
the dimensions for calculating the square footage shall be
the area extending six (6) inches beyond the periphery
73
formed around such letters or graphics in a plane figure
410
bounded by straight lines connecting the outermost points
thereof, and each surface utilized to display a message
or to attract attention shall be measured as a separate
sign, and symbols, flags, pictures, wording, figures or
other forms of graphics poainted on or attached to windows,
walls, awnings, free standing structures, suspended by
balloons, or kites or on persons, animals, or vehicles
shall be considered as a sign to be included in calcula-
ting the overall square footage
( 9) Canopies, Marquees and Permanent Awnings: Canopies, mar-
quees and permanent awnings shall be considered an inte-
IIIgral part of the structure to which they are attached.
Should they project into the required yard or public right-
of-way, a Conditional Use Permit is required provided:
(a) no awning, canopy or marquee shall project into the
public right-of-way nearer than 30 inches to the
street curb or curb line
(b) awnings, canopies or marquees shall have no part of
the structure other than supports nearer the ground
surface than seven (7) feet
(c) the architectural style of the awning, canopy or
marquee shall be consistant with the building being
0 served
(d) awnings, canopy or marquees projecting into the re-
quired yards shall not be enclosed except with a trans-
parent material permitting through vision
(e) all awnings, canopies or marquees built over the public
right-of-way shall be included in a liability insurance
74
policy holding the City free of all responsibility
( 10) Real Estate Signs: For the purpose of selling or leasing
property, a sign or signs not in excess of twenty-five
(25) square feet of sign may be placed within the front
yard of such property to be sold or leased. Such sign
or signs shall not be less than fifteen (15) feet from
the front lot line unless flat against the structure.
Failure to remove said sign within ten days of sale or
lease of property and to maintain said sign shall be con-
sidered a violation of this Ordinance.
( 11) For the purpose of initial sale or promotion of a new
housing complex containing 12 or more dwelling units, a
• sign not exceeding 100 square feet in area may be erected
and maintained on the apartment site and such permit may
include locations for erecting 4 off-site directional signs
not in excess of 32 square feet. No directional signs shall
be erected nearer than 150 feet from the nearest house, and
all such signs shall be removed whenever:
(a) 75% of such housing units are sold or leased, or
(b) directional signs within one year from date of first
occupancy permit and promotional on site sign within
two years, whichever is sooner
(c) all signs shall be considered temporary
( 12) Illumination: External illumination for signs in all dis-
tricts shall be so constructed and maintained that the
source of light is not visible from the public right-of-way
or residential property.
( 13) A permanent name or identity sign on the site of any in-
75
stitution or housing complex may be erected and if an apart-
• ment complex it may include descriptive words or price.
Said advertising space shall not exceed 64 square feet per
side and no sign shall have more than two sides.
( 14) Sign Height: The top of any such sign, including its super-
structure, if any, shall be no higher than six (6) feet above
the roof of the building to which such sign may be attached
or thirty-five (35) feet above ground level, whichever height
is less; except that the height of any name plate sign which
is attached to or an integral part of a functional struc-
ture, such as a water tower, smoke stack, radio or TV trans-
mitting tower, beacon or similar structure shall be no higher
• than such structure. Signs, including any superstructure
standing or erected free of any building or other structure,
shall not exceed an overall height of thirty-five (35) feet
from ground level and shall be located on land in an area
which is landscaped or if such land is part of an approved
parking area, it shall be surfaced or paved as required in
Section 427.44.
( 15) Non-Conforming Signs: Signs or billboards existing on
August 1, 1972, which do not conform to the provisions of
Section 269.06, Subdivision 7, as amended, or do not con-
form with any other provision of this Ordinance applicable
411 thereto are hereby declared to be and constitute a non-
conforming use and structure and the maintenance of any
such non-conforming use or structure shall cease and be
removed on or before July 31, 1975.
( 16) Sign Permit: No signs permitted by this Ordinance shall
be erected or maintained without the existence of a valid
76
permit issued therefor by the City of Hopkins pursuant to
110 Ordinance No. 409.00 of the 1973 Code of Ordinances of the
City of Hopkins except those signs which are to be in
existance for 30 days or less.
•
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81
427.43 OFF-STREET PARKING.
110
( 1) Existing off-street parking spaces and loading spaces upon
the effective date of this Ordinance shall not be reduced
in number unless said number exceeds the requirements set
forth herein for a similar new use.
( 2) Should a building, structure or use in existence upon the
effective date of this Ordinance be damaged or destroyed
by fire or other cause, it may be re-established according
to Section 427.06 (5) , but in so doing the number of off-
street parking or loading spaces which existed must be re-
tained and should plans be proposed for enlarging the floor
area, seating capacity or other facilities which would af-
fect the parking or loading requirements, the parking or
loading spaces shall be enlarged accordingly.
( 3) Except in Zoning District "B-2" the owner or occupant of
all parcels and lots shall provide off-street parking areas
as set forth in this Ordinance.
( 4) Yards - Parking areas shall be subject to front yard set-
back requirements in accordance with the District in which
such parking areas are located.
( 5) Floor Area - The term "floor area" for the purpose of cal-
culating the number of off-street parking spaces required
shall be all of the floor area of the various floors of a
structure measured to the centers of all partitions, ex-
cept those areas used for dead storage, building mainten-
ance, office of building management, toilets or rest rooms,
window show cases, dressing rooms, employees' cafe, con-
ference rooms, or for building utilities. Functional uses
within a building shall be divided by square feet for de-
82
termining parking requirements upon filing of a varified
floor plan.
( 6) Benches in Places of Public Assembly - In stadiums, sport
arena, churches, and other places of assembly in which
patrons or spectators occupy benches, pews, or other simi-
lar seating facilities, each twenty-two (22) inches of such
seating facilities shall be counted as one (1) seat for the
purpose of determining requirements for off-street parking
facilities under this Ordinance.
( 7) Parking Spaces - Each parking space shall be unobstructed
and not less than nine (9) feet wide and twenty (20) feet
in length per car and have an adequate system of access.
( 8) Use of Residential Parking Facilities - may be used for
• the parking of automobiles and one truck not to exceed a
9000 pound rated capacity.
( 9) Joint Parking Facilities - in all districts except "R-1"
and "R-2" required off-street parking facilities may be
combined and provided in one area provided that such facil-
ities shall not thereby be dimished and said parking space
is not greater than 350 feet from the entrance of the build-
ing being served.
( 10) Buildings or structures for which a building permit has
been issued prior to the effective date of this Ordinance
411 but for which work has not been completed shall be exempt
from the hereinafter stated parking requirements if the
structure or building is completed within six (6) months
after the effective date of this Ordinance.
83
427.44 DESIGN AND MAINTENANCE OF OFF-STREET PARKING AREAS
( 1) Drainage - Driveways shall not exceed a grade of 4% and
4IP
all parking lots except those for less than four (4) ve-
hicles shall be graded according to a drainage plan which
has been approved by the City Engineer. Catch basins,
sumps and underground storm sewers may be required and
all such lots and driveways shall be surfaced with a
material to control dust and drainage.
( 2) Lighting - Any lighting used to illuminate an off-street
parking area shall be shaded or diffused so as to re-
flect the light away from the adjoining property and
away from abutting traffic.
( 3) All off-street parking areas shall be so designed and
• constructed that no vehicle parked therein shall be less
than one (1) foot from the lot line nor less than two (2)
feet from the principal building.
( 4) Fences in Certain Parking Areas - When a required off-
street parking area for six (6) cars or more is located
adjacent to any "R" Disrict, there shall be constructed
and maintained a wall of suitable material of not less
than three and one-half (31) feet nor more than six (6)
feet in height to capture the vehicle light beams and
muffle the vehicle noise.
• ( 5) All off-street parking areas for more than six (6) ve-
hicles shall be surfaced with asphaltic or portland
concrete and each parking stall shall be kept clearly
marked on the surface.
( 6) All required yards shall be landscaped.
84
427.45 REQUIRED OFF-STREET PARKING:
110
The following minimum parking areas shall be provided
and maintained by ownership, easement, or lease, for
and during the life of the respective uses herein-
after set forth.
( 1) One and Two Family Dwellings - At least one (1) parking
space for each dwelling unit of 1200 square feet or less
and two (2) parking spaces for each dwelling unit over
1200 square feet, plus one (1) additional parking space
for each two (2) roomers accommodated. A garage will
fulfill this requirement. However, a building permit
shall not be granted to convert a garage to living space
. unless other acceptable provisions are made to provide
the required parking space.
( 2) Boarding and Rooming Houses - At least two (2) parking
spaces for each three (3) persons for which accommodations
are provided for sleeping.
( 3) Multiple Dwelling - At least two (2) parking spaces in the
"R-3",one and five tenths (1.5) in the "R-4", and one and
two-tenths (1.2) in the "R-5" Districts.
( 4) Home for the Elderly - One-half (1) space per dwelling
facility based on design capacity.
( 5) Hotel or Apartment Hotel - At least one (1) parking space
• for each rental unit provided in the design of the build-
ing.
( 6) Motel, Tourist Home, Motor Hotel - At least one (1) space
for each dwelling unit or lodging room, plus one (1)
additional space for each eight units.
85
( 7) School, Nursery, Elementary and Junior High - At least
• one (1) parking space for each classroom based on design
capacity plus one (1) additional space for each 100
student capacity.
( 8) School, High School through College - At least one (1)
parking space for each seven (7) students based on de-
sign capacity, plus one (1) additional space for each
two (2) classrooms.
( 9) Church, Clubs - At least one (1) parking space for each
three and one-half (31) seats based on the design capa-
city of the main assembly hall.
( 10) Theatre, Ballfield, Stadium - At least one (1) parking
• space for each five (5) seats of design capacity.
( 11) Hospital - At least one and one-half (11) parking spaces
for each patient bed.
( 12) Sanitarium, Convalescent Home, Rest Home, Nursing Home or
Institution - At least one (1) parking space for each six
(6) beds for which accommodations are offered, plus one
(1) additional parking space for each fifteen (15) beds.
( 13) Medical or Dental Clinic - At least three (3) parking
spaces for each staff doctor or dentist or one (1) space
for each one hundred and fifty (150) square feet of gross
floor area, whichever is greater.
. ( 14) Quick-order Food Business - At least one (1) parking
space for each fifteen (15) square feet of floor area.
( 15) Drive-in Business - Five (5) parking spaces for the first
service window plus two (2) for each additional service
window.
86
( 16) Bowling Alley - At least five (5) parking spaces for each
alley, plus additional spaces as may be required herein
for related uses such as a restaurant.
( 17) Motor Fuel Station - At least four (4) off-street parking
spaces plus two (2) off-street parking spaces for each
service stall.
( 18) Retail Store or Service Shop - At least one (1) off-street
parking space for each two hundred (200) square feet of
floor area.
( 19) Restaurants, Cafes, Bars, Taverns, Night Clubs - At least
one (1) space for each three (3) seats based on capacity
design or where there is no design layout, one (1) space
• for each thirty-five (35) square feet of gross floor area.
( 20) Banks, Offices and/or Public Office Buildings - At least
one (1) parking space for each two hundred and fifty (250)
square feet of gross floor area.
( 21) Undertaking Establishments - One (1) parking space for each
five (5) seats or thirty-five (35) square feet of seating
area where there are no fixed seats, plus one (1) parking
space for each 250 square feet of floor area not used for
seating.
( 22) Furniture Store, Appliance Store, Wholesale and Warehous-
ing up to 6000 square feet of floor area - At least one
(1) parking space for each 400 square feet of floor area;
over 6000 square feet at least one (1) parking space for
each 600 square feet of floor area except warehousing.
( 23) Open Sales Lots, Lumber Yards, Auto Sales, Auto Leasing -
One (1) parking space for each two thousand (2000) square
87
feet of land up to the first eight thousand (8000) square
410
feet plus one (1) parking space for each four thousand
(4000) square feet of land up to a parcel of 24,000 square
feet, plus one (1) parking space for each six thousand
(6000) square feet thereafter.
( 24) Auto Repair, Boat and Marine Sales, Garden Store, Carpenter
Shop - Four (4) parking spaces plus one (1) for each eight
hundred (800) square feet of floor area over the first
1,000 square feet.
( 25) Skating, Dance Hall, Miniature Golf, Private Clubs, Ice
Arena - Ten (10) parking spaces plus one (1) additional
space for each two hundred (200) square feet of floor
• area devoted to the principal use.
( 26) Manufacturing, Fabricating or Processing of a Product or
Material - Four (4) off-street parking spaces plus one (1)
for each three hundred (300) square feet of floor area.
( 27) Warehouse, Storage, Handling of Bulk Goods in Structures
over 6000 square feet - At least one (1) space for each
two thousand (2000) square feet of gross floor area.
427.46 OFF-STREET LOADING AND UNLOADING AREAS
( 1) Location - All required front yard or parking areas shall
be off-street and shall be located on the same lot as the
4111 building or use to be served. A loading berth shall not
be located less than 25 feet from the intersection of two
(2) street rights-of-way; nor less than fifty (50) feet
from a residential district unless within a building.
Loading berths shall not occupy the required front yard
set-back space.
88
e-• ( 2) Size - Unless otherwise specified in this Ordinance, a re-
410
quired loading berth shall be not less than ten (10) feet
in width, twenty-five (25) feet in length and fourteen
(14) feet in height, exclusive of aisle and maneuvering
space.
( 3) Access - Each required loading berth shall include a man-
euvering area located on private property so designed as
to be easily accessible to a driveway leading to a public
right-of-way.
( 4) Surfacing - All loading berths and accessways shall be
improved with a durable material to control the dust and
drainage according to a plan approved by the City Engineer.
• ( 5) Accessory Use - Any space allocated as a loading berth or
access drive so as to comply with the terms of this Ordin-
ance shall not be used for the storage of goods, inoperable
vehicles or be included as a part of the space requirements
necessary to meet the off-street parking area.
427.47 REQUIRED LOADING BERTHS.
( 1) Non-Residential Uses Having 5000 Square Feet of Floor Area
or More Not Included as Part of (2) or (3) Below - Four
thousand (4000) to twenty thousand (20,000) square feet
floor area, one loading berth; for each additional ten
thousand (10,000) square feet of floor area or fraction
410 thereof above one-fourth (4) , one (1) additional loading
berth.
( 2) Retail Sales, Office, Public Administration Buildings,
Hospitals, Schools, Hotels and Similar Uses - For such
a building having five thousand (5000) to ten thousand
89
(10,000) square feet of floor area, one (1) off-street
• loading berth.
( 3) Manufacturing, Fabrication, Warehousing, Storing, Servi-
cing, and Similar Establishments - For such a building
having five thousand (5000) to thirty thousand (30,000)
square feet of floor area, one (1) loading berth fifty
(50) feet in length.
( 4) Manufacturing, Fabrication, Processing and Warehousing -
For buildings having over 30,000 square feet, loading
facilities shall be provided at the ratio of one loading
berth fifty (50) feet in length for each 50,000 additional
square feet plus one loading berth twenty-five (25) feet
4110 in length for each one hundred thousand (100,000) square
feet.
427.48 PERFORMANCE STANDARDS.
( 1) Noise - Any use established, enlarged or remodeled after
the effective date of this Ordinance shall be so operated
as to control the emission of noise within the following
maximum standards. Any unwanted sound not occuring in
the natural environment.
Decibel - is a unit of sound pressure level, dB.
L10 - is the noise level, expressed in cB(A) , which is
exceeded 10% of the time for a one hour survey. The survey
• hour must be the noisiest hour during a representative day-
time or nighttime.
L50 - is the noise level expressed in dB(A) which is ex-
ceeded fifty percent of the time for a one hour survey.
The survey hour must be the noisiest hour during a
90
representative daytime or nighttime.
Daytime hours are those from 6:00 A.M. to 9:00 P.M.
• Nighttime hours are those from 9:00 P.M. to 6:00 A.M.
Impulsive Noise either a single sound pressure peak (with
either a rise time less than 200 millisconds or total
duration less than 200 mulliseconds) or multiple sound
pressure peaks spaced at least by 200 millisecond pauses.
NOISE STANDARDS
Districts Daytime Nighttime
L50 L10 L50 L10
Residential 60 65 60 55
Business 65 70 65 70
Industrial 75 80 75 80
( 2) Smoke and Particulate Matter - Any use established, en-
larged or remodeled after the effective date of this
Ordinance shall be so operated as to control the emission
of smoke or particulate matter to the degree that it is
not detrimental to or shall endanger the public health,
safety, comfort or general welfare of the public.
For purpose of grading the density of smoke the Ringelmann
Chart published and used by the United States Bureau of
Mines shall be employed. The emission of smoke shall not
be of a density greater than No. 2 on the Ringelmann Chart.
( 3) Toxic or Noxious Matter - Any use established shall be so
operated as to not permit the discharge onto the soil but
shall be removed from the site according to a plan approved
by the City.
( 4) Odors - Any use established, enlarged, or remodeled shall
be so operated as to prevent the emission of odorous matter
of such quantity as to be readily detectable at any point
91
beyond the lot line of the site on which such use is lo-
cated.
410 ( 5) Vibration - Any use creating periodic earth-shaking vi-
brations, such as may be created from a drop forge shall
be prohibited if such vibrations are perceptible beyond
the lot line of the site on which the use is located. The
standard shall not apply to vibrations created during the
process of construction.
( 6) Glare or Heat - Any use requiring an operation producing
an intense heat or direct light transmission shall be per-
formed with the necessary shielding to prevent such heat
or direct light from being detectable at the lot line of
the site on which the use is located.
411 ( 7) Explosives - Any use requiring the storage, utilization,
or manufacturing of products which could decompose by
detonation shall be located not less than four hundred
(400) feet from the "R" District line.
( 8) Screening - Any use abutting an "R" District or a public
street shall effectively screen any open storage from eye
level vision by providing and maintaining a wall, fence
or thirty (30) foot wide planting strip to screen and
reduce the noise, dust and vision between the two uses.
Such wall or fence shall be six (6) feet in height and
at least fifty (50) percent closed.
( 9) Waste Material - Waste material resulting from or used in
Industrial or Commercial manufacturing, fabricating,
servicing, processing or trimming shall not be washed
into the public storm sewer system nor the sanitary sewer
system, but shall be disposed of in a manner approved by
92
the City Engineer. The Engineer may establish appropriate
• regulations and standards therefor.
427.49 ADDITIONAL REQUIREMENTS, EXCEPTIONS AND MODIFICATIONS
The requirements and standards specified heretofore in this
Ordinance shall be subject to the following:
( 1) Height Limitations - Height limitations as set forth in all
districts elsewhere in this Ordinance may be increased with-
out Special Permit by fifty percent (50%) when applied to
the following:
(a) antenna - radio and TV
(b) belfries
(c) church spires and steeples
• (d) cooling towers
(e) elevator penthouse
(f) flag poles
(g) smoke stacks
(h) water towers
Heights in excess thereof for such purposes may be per-
mitted only by a Conditional Use Permit granted by Reso-
lution of the Council determining that such structure
would not be dangerous and would not unreasonably af-
fect the adjoining or adjacent property.
( 2) Front Yard Variance - In any "R" District, wherever a platted
iblock or otherwise subdivided area has dwellings located on
fifty (50) percent or more of the parcels located between
two (2) streets, the front yard set-back line may be reduced
below the minimum which would be therein required, but shall
in no case be less than either the average front set-back
93
lines already established by the dwellings located in such
block or area or fifteen (15) feet whichever is greater.
( 3) Frontage - No residence shall hereafter be erected upon
any lot unless such lot abuts upon a street for at least
twenty (20) feet unless located within an approved P.U.D.
or C.U.P.
( 4) Uses not specifically included in this Ordinance may be
established by amendment thereto after petition therefore
by any interested person or the Commission after public
hearing thereon provided such use conforms to the Com-
prehensive Development Plan of the area and to the Metro
Development Guide Plan
( 5) Farming Operations - All farms currently in existance are
• permitted to continue operation subject to the following
conditions:
(a) agriculture, except commercial animal farms, fur farms,
kennels and poultry farms, but including truck gardening
and other horticultural uses is a permitted use in any
district in which such existing operation is located
(b) sale of products may be conducted on the premises from
a roadside stand, which stand may be located within the
front yard during harvest season only.
( 6) A request for a Variance, C.U.P. or Amendment which has
been denied shall not be considered until a period of six
•
(6) months has elapsed unless the Commission finds that
the conditions or other factors present at the time of
denial have substantially changed.
( 7) Dwellings on lots in any district not served by public
sewer and water shall not be permitted on any parcel or
94
lot having less than 15,000 square feet and a width of
• 100 feet.
( 8) Additional height in the "R-4" and "R-5" District not
in excess of 11 story or 110 feet, which ever is higher,
may be permitted by approval of a Conditional Use Permit
provided such structure is located 300 feet or more from
any "R-1" District boundary line.
427.50 PLANNED UNIT DEVELOPMENT.
The purpose of this section of the Zoning Ordinance is to
provide a method where flexibility of site and architec-
tural design may be applied by placing more than one
building on a lot in accord with an approved, overall,
1110 integrated plan or by distributing the gross permitted
density of a parcel in structures in accord with an ap-
proved overall plan, which parcel was found to have an
adverse physical condition.
( 1) The owner or owners of any tract of land except "R-1"
Districts, may submit to the City Council for approval
a plan for the development of such tract for any use
permitted within the zoning district in which such tract
is located by making an application for a Conditional
Use Permit authorizing completion of the development in
accordance with the approved plan. The plan for develop-
ment shall conform to the requirements of the Use District
within which it is located except as herein amended.
(a) the tract of land for which a development is proposed
and a permit requested shall not have less than 75
feet of frontage on a public street
95
(b) the proposed development shall be served by the City
• water and sewer system, fire hydrants and fire lanes
shall be installed according to a plan approved by the
Fire Chief as to type and location
(c) no principle building shall be nearer than its height
to the side and rear property line when such line abuts
on an "R-1" or "R-2" District
(d) no building within the development shall be nearer to
another building than one-half (1) the sum of the
heights of the two buildings
(e) private roadways within the projects shall have an
improved surface of twenty-two (22) feet or more in
• width and shall be so designed and constructed as to
permit the City fire trucks to provide protection
to each building. All roadways which are dead end
shall be provided with turn around facilities. Park-
ing on a 20 foot roadway is to be prohibited, parking
on one side of a 24 foot roadway is permitted and
parking on both sides of a 30 foot wide roadway is
permitted
(f) the surface drainage system shall be constructed ac-
cording to a plan approved by the City Engineer
(g) the entire site other than that occupied by structures
011 and hard surface shall be landscaped according to an
approved plan.
(h) off-street parking for guest and public shall have the
spaces painted on the surface
(i) the storage and handling of trash containers shall be
96
provided according to an approved plan
410 (j) provision for loading docks and loading doors shall
not face the public street
(k) more than one building may be located on a single
tract of land or on an individual lot surrounded by
a parcel of common land when the owner of the occupied
lot is part owner of the common parcel
(1) should interior lots be platted with common open space,
the by-laws, covenents and incorporation documents shall
be submitted for review. The open space shall be owned
by members of the association and it shall be mandatory
that each lot owner be a member of the association
• ( 2) The approved plan shall be the document for issuing building
permits and administrating completion of development accord-
ing to terms of the Conditional Use Permit.
( 3) The owner or owners of any tract of land in the "R" District
which has been found to have adverse physical conditions
such as topography, highwater table, unstable sub-soil,
heavy tree cover or rock sub-base may submit to the City
Council for approval a plan of development for any use
permitted within the zoning district within which the tract
is located by making an application for a Conditional Use
c-• Permit authorizing completion of the development in ac-
III
cordance with the approved plan.
The plan may utilize the gross density of the site by
setting aside unbuildable area and designating certain
other lots to accomodate the dwelling units in structures
containing more than one dwelling. The plan for develop-
97
ment shall conform to the requirements of the Use District
within which it is located, except as herein amended
• (a) lots may be reduced in width and area by 25%
(b) the height of buildings may be increased one story
in the "R-1" and "R-2" Disricts, two stories in the
"R-3", "R-4", "R-5" and "R-6" Districts
(c) provisions shall be made for care and maintenance of
the land set aside as unbuildable
(d) all of the provisions as listed (a) through (1) in
subdivision (1) of this section shall apply
( 4) Any tract or parcel of land in the "R-4" Disrict which
also bears the additional designation or label of PUD,
• may be developed to add and include uses permitted in
"R-5" and "B-1" Districts, but only pursuant to a PUD plan
as defined in Section 269.04 (85) which plan is first ap-
proved and agreed upon in writing between the owner and
the City Council, such plan and agreement to include a
date of commencement and of completion. Such agreement
shall also contain a condition to the effect that failure
or refusal to develop the area as in such plan set forth
within the time specified therein may be deemed as an
abandonment thereof and the PUD designation for such
location shall be suspended and any structure already
011
constructed on any part of such area which is not per-
mitted in an "R-4" District shall be a non-conforming
use subject to all provisions and regulations applicable
to non-conforming uses hereunder. The Council may by
resolution adopt additional regulations and conditions
hereto upon recommendation of the Zoning and Planning
98
Commission or by agreement with applicant
1111 427.51 OFFICIAL ZONING MAP
The boundaries of all of the districts defined in and
created by this Ordinance are hereby established and desig-
nated on that certain map entitled "HOPKINS OFFICIAL ZONING
MAP" which map includes therewith or therein drawings of
the Hopkins flood plains areas and other pertinent infor-
mation as overlays or adjuncts thereof. Three copies of
said Hopkins Official Zoning Map including all of the over-
lays and materials above mentioned and including all of
the notations, references and other information shown
thereon are on file for public inspection in the office
• of the Hopkins City Clerk, and said Hopkins Official
Zoning Map as herein defined is hereby approved, passed
and adopted and made a part of this Ordinance by refer-
ence with the same force and effect as if such map, dia-
grams, materials and information were fully set forth in
this Ordinance and published verbatim.
427.52 ZONING AND PLANNING COMMISSION.
A Zoning and Planning Commission is hereby established
and vested with such administrative authority as is herein
provided. The Commission shall consist of six (6) persons
who have been a resident of the City of Hopkins for one
. year or more on the date of his or her appointment, and
also the City Manager and City Engineer as ex-officio
members and one member of the City Council. Each member
except the City Manager and City Engineer shall have the
right to vote on all matters before the Commission. One-
99
half of the citizen members of the Zoning and Planning
Commission shall be appointed on July 1st of each odd
numbered year and the other one-half thereof shall be
appointed on July 1st of each even numbered year ex-
cept that in the year 1975, one-half of the members
shall be appointed for a two year term. The term of
the Council member shall be for a term of one year and
such Council member may be eligible for a consecutive
reappointment. The Commission shall serve withou com-
pensation other than such compensation as its members
may receive for other services performed for the City.
The appointments shall be made by the Mayor with the
approval of the Council and any member of said Commis-
411 sion may be removed by a majority vote of the Council
for misconduct or neglect of duties. The Secretary of
the Council shall act as Secretary of the Commission
and the City Attorney shall act as legal counsel for the
Commission.
427.53 FEES.
Fees to be charged by the City under or pursuant to this
Ordinance shall be as established by proper Fee Ordinance
or Resolution passed by the City Council from time to time.
427.54 VIOLATIONS AND PENALTY.
Any person who violates or refuses to comply with any of
111
the provisions of this Ordinance shall upon conviction
thereof be subject to a fine of not less than Five Dollars
($5.00) nor more than One Hundred Dollars ($100.00) for
every offense or to imprisonment not exceeding ninety (90)
days. Each day that a violation is permitted to exist
100
shall constitute a separate offense.
410
First read at a regular meeting of the Council of the City of
Hopkins on the 18th day of January, 1977, and fi7lly read, approved, and
adopted and ordered published at a regular mee ing of the Council of said
City on the 1st day of February, 1977.
41,11
4111,7 10(
'RE MIL ER
Mayor
H. E. RICHARDSON
City Clerk
JOSEPH C. VESELY
411 City Attorney
Published in the HOPKINS SUN, February 16, 1977.
1111
101
0
IIICITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO. 77-426
AN ORDINANCE AMENDING SECTION 720:00 and SECTION 720:05 OF THE 1970 ORDINANCE
CODE OF THE CITY OF HOPKING PERTAINING TO UNATTENDED MOTOR VEHICLES.
BE IT ORDAINED BY THE City Council of the City of Hopkins as
follows:
That Section 720:00 and Section 720:05 of the 1970 Ordinance
Code of the City of Hopkins is hereby repealed and there if hereby enacted
in lieu and in place thereof the following:
SECTION 720:00. UNATTENDED MOTOR VEHICLES. No person shall
leave a motor vehicle unattended anywhere within the City of Hopkins without
first stopping the engine, locking the ignition and removing all keys therefrom;
provided that any violation of these provisions shall not be used to affect
a recovery in any civil action for theft or unlawful possession of such motor
vehicle, or any insurances thereon or be cited or in any way considered to have
any other bearing in any civil action involving such vehicle.
110
This provision shall not be construed to prohibit the operator of
any unattended motor vehicle from leaving such keys therein if the operation of
the engine is necessitated or occasioned by weather or other similar conditions
or emergencies and if all vehicle doors and windows are locked.
Any violation of this section is a petty misdemeanor as defined in
Hopkins Ordinance No. 357.
SECTION 720:05. POLICE DUTIES. Whenever any police officer of
the City of Hopkins shall find any such motor vehicle standing in violation
of the foregoing provisions, such officer shall tag such vehicle for said
violation and shall remove all of the keys therefrom left therein and deliver
them to the Hopkins police station. Prior to leaving such vehicle, the officer
shall note upon the violation tag the disposition of said vehicle's keys. The
officer in charge of the police station may return the key to the owner of
driver of such vehicle upon proper proof of identity and a signed receipt for
such keys.
First read at a regular meeting of the Council of the City of
illeHopkins held January 18, 1977, and finally read, approved . d adopted and
ordered published at a regular meeting of said Council 9n F-.rua 1, 1977.
JERRE A. MILL ! g/C,/ (,C eiel-e-- L,
Ma, .
H. E. RICHARDSON
City Clerk
JOSEPH C. VESELY
City Attorney Published in the HOPKINS SUN, February 9, 1977.
MINNETONKA
I1OP I
MINNE IT N
HOPKINS •MINNETONKA
RECREATION AND PARKS DEPARTMENT
? ADMINISTRATIVE OFFICES
atilk
44' 1010 FIRST STREET SOUTH • HOPKINS, MINNESOTA 55343
O,ygyO itt.• PHONE: 935-1788
DATE: January 27, 1977
TO: Hopkins City Council
THROUGH: Peter Cotton, City Manager
FROM: Richard Wilson, Recreation and Parks Director
SUBJECT: Downtown Park Site Selection
At the January 25, 1977 regular monthly meeting of the Hopkins Park Board, site
selection for a downtown park was discussed. City Planner Hawks, Planning Commission
representative Jim Hance, and several members of the Community Development Committee
were in attendance and participated in the discussion. The following resolution by
the Park Board reflects, also, the unanimous recommendation of the Community Develop-
ment Committee, Planning Commission and City Planner.
"Be it resolved that the Hopkins Park Board is on record reaffirming
their action for a Downtown Park. Further, that we favor the area,
11106 lots 10, 11, 12, 23, 24 and 25, block 5, all in West Minneapolis, in
the H.R.A. area. Further be it resolved that the Park Board and staff
work with Community Development on the planning and development of the
park. At this meeting, the Park Board, Community Development Committee,
Planning and Zoning Commission, and City Planner reached unanimity on the
designated area".
RESOLUTION BY THE PARK BOARD OF HOPKINS, MINNESOTA
REAFFIRMING AND URGING ACTION FOR THE ACQUISITION
AND CONSTRUCTION OF A DOWNTOWN HOPKINS PARK
Be it resolved by the Park Board of the City of Hopkins and concurred
in by the Community Development Commission and the Planning and Zoning Board,
as well as the City Planner of the City of Hopkins, that the City of Hopkins
acquire the following described premises situated in Hopkins, Hennepin County,
Minnesota, viz:
Lots 10, 11 and 12 and Lots 23, 24 and 25, Block 5,
West Minneapolis
and thereafter immediately construct a public park thereon for the use of the
general public including the planting of trees, shrubs, grasses and the installa-
tion of benches and all other suitable furniture and fixtures necessary or
desirable for the enjoyment of such public facility.
Passed and adopted at a regular meeting of the Hopkins Park Board, which
meeting was attended by representatives of said Hopkins Community Development
Commission, Planning and Zoning Board and the Hopkins City Planner at the
Hopkins City Hall this 2,0th day of January, 1977.
Jr
ATTEST: Secretary
*4
' r
0