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Hopkins Zoning Ordinance ; v�.a/ i.� �y 269.01 TITLE: This Qrdinance shall be known, cited and referred to as the Hopkins Zoning Ordinance, except as referred to herein, where it shall be known as "this Ordinance". 269.02 INTEt1T AND PURPOSE: This Ordinance is adopted for the purpose o�: . protecting the public health, safety, moraZs, comfort, convenience, and general welfare. , � - . dividing tihe City into zones and districts restrictiag and reguZating therein the location; construction; reconstruction; 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 properties. , , - . limi.ting 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 admi.nistration of this Ordinance and amendments theretc . defininq the powers and duties of the administrative officers and bodies , as provided hereinafter. prescribing penalties for the violation of the provisions of this Ordinance or any amendment thereto. _ 269.03 RULES OF LANGUAGE CONSTRUCTION: The language set forth in the text of this Ordinance shall be interpreted in accordance with the following rul.es of constructiv. (1) The singular number incl.udes the plural and the pZural the singuI.ar. (2) The present tense includes the past and future tenses, :and tne 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 sha11 be construed as set forth in such definitic._, thereof. (6) All measured distances expressed in feet shall be to the nearest tenth of a foot. __. 269.04 DEFINITIONS: The following words and terms, whenever they occur in this Qrdinance are defined as follows: � (1) Abutting: Making contact with or separated only by public thoroughfare,� railroad or other public utility or navigable water which does not exceed 120 feet. (2) Accessor� Use or Structure: A use or structure subordinate to, and servi-- the principal use or structure on the same lot and customarily incidenta:`._ thereto. � (3) Addition: A physical enlargement of an existing structure (4) Air�ort 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 building_. or other port structures or xight-of-way. (5) Alley: A public right-of-way which affords a secondary means of access ' to abutting property. 1 .. � q . � , � . . . . � . .. . . . . . . . � .. . � � . . �� . . . . . .. . , ,}.,, (6) Automobile or Motor Vehicle Reduction Yard: A Iot or yard where one (I) or more unlicensed vehicle, or the remains thereof, are kept for the purpose of dismantling, wrecking, crushing, repairing, rebuilding, sale of parts, sale of scrap, starage or abandonment. (7) Automobile Repair - Ma-ior: General repair, rebuilding or zeconditioning of engines, motor vehicles, trailers, including body work, frame work, welding and major painting service. - (8) Automobile Repair - Minor: The replacement of any part or repair af any part which does not require the removal of the engine head or pan, engine, transmission or differential; incidental .body and fender work, minor : painting and upholstering service when said service above stated is applied to passenger automobiles arid truc3�.s not in excess of 9000 pounds xated capacity. � . (9) Automabile Wash: A building or portion thereof, containinq facilities for washing of motor vehicles. (,ZO) Basement: A portion of a building partly underground, but havinq less than half of its fZoor to ceiling height below the average grade of the adjoining ground. ^ (11) Board of Appeals: Shall be that Board established under Section • . af this Ordinance. . (12) Boardinghouse: A building other than a motel or hotel where, for �com- pensation and by prearrangement for definite periods, meals or lodging are provided for three (3) ar more persons, but not to exceed eight (8) persons. (13) 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 ot such building so separated shall be deemed a separate building. _ __. � (14) Building, Accessory: A building or structure on the same lot as the principal use devoted to a use incidental to the principal use. (15) Buildinq 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, ar to the deck line of a mansard roof, to a paint on the roof directly above the highest wa1Z of a shed roof, or to the uppexmost point on a round or other arched type robf or to the midpoint of the highest gable on a gable, pitched or hip roof. (16) Building, Princi al: The main building on the lot or in the case of an approved Community Unit Plan, buildings in which the intended allowable use is conducted. _ : (17) Ca�ort: An automobile shelter, having one or more open sides. (18) Cellar: That portion of the building having more than one-half oF the floor to ceiZing height be1Qw the average grade of the adjoining ground. (19} Commercial Kennel: Any prema.ses where three (3) or more animals, at ar,y one time, over three (3) months of age are owned, boarded, bred or offere: for sale. ,(20) Commission: Shall mean the Hopkins Zoning and P2anning Commission.. (21) Comprehensive Pl.an: Is that compilation of policy, statements, goals, standards and maps adopted by the Commission and utilized in marking recammendations for guiding the physical, social and economic development of the private and public sectors of Hopkins. : (22) Club: A private club or lodge which is a non-profit association of persc•- who are bonafide members paying annual dues, which owns,= hires or leases : the building or portion thereof; the use of such premises being restricte:. to members and their guests. � � 2 , � � � A�� . . .. ,� � . � : . . . . '. ; . .. - . ..� �.. . 1.� . . , . . , . . . . . � . , - . • . . . . -, . . . ,.: . . , . . • .� . ��� � . � . � , . � � � � ... , .<,,'` .. , . , " . . .. � . . . . . . .., .. ` ' t.:3) Co::?-i.tional Use Permit: A permit specially and individually granted by the Council after public hearing thereon by the Commi.ssion for any , cor.�itional use so specified in the applicable use district. ("�4� Co�.:.-1ci1: City Council of Hopkins. � � - i'�S) Dwe:ling: A building or one or more portions thereof occupied or intendec to �e occupied for residence purposes, but not including rooms in motels, hotals, nursing homes, boarding houses, trailers, cabins or mobile homes ("�6) Dwelling, Attached: A dwellinq which is joined to another dwelling at one or more abutting walls. • (27) Dwelling, Detached: A single dwelling having a yard on alI. sides. (�8) Dwe?Zin�, Multiple: A structure or partion thereof intended and designe� for two or more dwellings not otherwise herein defined. - (�g) D�,velling, Townhouse: A single structure consisting of three (3) or more � � dwelling units having one or more walls abutting with another dwelling an� designed to have all exits open directly to the outside. (30) Dwelling Unit: A single family dwel.ling having permanently installed coe�ing and sanitary facilities. (31) Famil : An individual, or two or more persons each related by blaod, marriage or adoption, living together as a single housekeeping unit, or a group of not more than four .(4) persons not so related maintaining a c.mmon household and using common cooking and kitchen facilities. (32) Fen:.e: Is defined for purpose of this Ordinance as any partition, structure, wall or gate erected as a dividing marker, barrier or enclosur_: E33) Flo.�r Area: The sum of the gross horizontal areas af the several floors � of a buildinq including interior balconies, mezzanines, basements and `� attached accessory buildings excepting that area primarily devoted to - win.��w display, fitting rooms, stairs, escalators, unencZosed porches, detached accessory kauildings utilized as dead storage, heating and - utilitg rooms, inside off-street parking or loading space. (34) Garaae - Private: A detached or attached accessory building or carport, � whic.h is used primarily for storage of passenger vehicles or one (1) tru..k of a rated capacity not in excess of 900� pound rated capacity. ( ;5) Gar.���Te - Public: Any building where major automobile repair is conductec: vehicles are stored for sale or hire or as an operating maintenance base for vehicles. (36) Garage Sale: Any display of used goods and/or salesmen's samples and sale of said goods on a property customarily used as a residence. The persons conducting the sale shall be residents of the immediate neigh- " borhood. (37) Home Occupation: Any gainful occupation or profession conducted within the dwelling, or attached accessory building, by a resident thereof, provided that evidence of the occupation is not visible from the street; that there is no sale of products produced off the site; and which use does not affect the character of the uses permitted in the district in ' which it is located. - ( i8) Hotal: A buildinq containing guest rooms in which lodging is provided with or without meals for compensation and which is open to transient or permanent guest� or both, and where no provisions are made for cookir.c in any guest room, and in which principal access to and from all rooms - is made through an inside Iobby or office supervised by a person in charge. , , , :.,, . . .. . . .. . .. . . . . . . . . ' � .-. ... Y .:'. . .. . . . . . . . . ' ; . . . . �.,".'.: � . . , . . 3 . T _ ___ _. . � , .,. . , .,; _, : : _ ; :: , ..�:. .:; (39) Junk Yard: An area where used, waste, discarded, or salvaged materials are bought, sold, exchanged, stored, baled, cleaned, abandoned, packed, disassembled or handZed, including but not Zimited 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 buildings shall not be inciuded. �40) Kennel: Any structure or premises where three (3) or more domestic ' animals of any kind over three (3) months of age are kept at any time as owner's pets, or for breeding, boarding, training or sale except " when kept in a pet store or veterinary clinic. _ (41) Land Reclamation: Depositing of four hundred (400) cubic yards or more of material so as to elevate the grade.. (42) 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 gaods, wares, materials and merchandise, as more fully defined in Section : (43) Lot: A parcel of Iand occupied or used or intended for occupancy or use for a purpose permitted in this Ordinance, abuttinq on a public street � or approved private street and of sufficient size to provide the yards - and area required by this Ordinance. (44) Lot Rrea: The area of a lot in a horizontal plane bounded by the lot lines, but not including any area occupied by the water of a duly record`: � Iake or river or area which has been dedicated as public right-of-way. (45) Lot Area Per Unit: The number of square feet of lot area required per dweZling unit. _ (46) Lot-Corner: A lot situated at the junetion of, and abutting on two {2j or more intersectinq 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. . (47) Lot De�th: The mean horizontal distance between the front lot line and the rear lot line of a lot. - � (48) Lot Line: A lot 7ine is the property line bounding a lot except that where any portion of a lot extends into the public right-of-way or a. proposed public right-of-way, the line furthest from the centerline of said public right-of-way shall be the lot line for applying this _ Ordinance. : (49) Lot Line-Front: The boundary of a lot which abuts 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 beinq equal, the front_lot line shall be that street line designated by the owner and filed in the office of the Building Inspector. (50) Lot Line-Rear: That boundary line of a lot which is opposite the front lot Zine. 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. (51) Lat Line-Side: Ar�y boundary of a lot which is not a rear or front lot line. , _. , . : . _ . . . . . . . � . . - ' .. � �1 . . .. � � . . , . . . . _ . ' " . . . . . . . {.. � .., . . . . . . . � . . '. .. . . . �.: . .. . . . . . . . . s . ; � . . . . . . . ' � ' - ' r : . ". ' . ' , . , . , : .�': 4 , 5 ' .': (52) Lot of Record: Part of a subdivision, the plot of which has been recorded in the office o£ the Register of Deeds or Registrar of Titles; or a parcel of land, the deed to which was recorded in the office of said Register of Deeds, or Registrar of Titles, prior to August 11, 1966. (53) Lot-Through: A Iot which has a pair of opposite lot lines abutting two (2) substantially parallel streets, and which is not a corner lot. ' (54) Lot-Wzdth: The maximum distance between the side lot lines of any lot measured parallel to the front lot line and within the required front yard. � (55) NLz_ •ning: The extraction of material .from the land in the amoun� of 400 cubic yards or more and removal from the. site. (56) Mobil Homen Any type of structure or vehicle which can be readily adopted to or does provide facilities for a person or persons to eat or sleep, or both which is mounted on wheels, or has pravisions for wheels. (57) Motor Court, Motor Hotel or Motel: A building or qroup of buildings other than a hotel used primarily as a temporary residence of motorist, tourist or traveler. �- (58) Motor Freic�ht Terminal: A building or area in which freight brought by . motor truck or rail is assembled andjor stored for routing in intra- state or inter-state shipment by motor truck. (59� Non-Canforming Use: Use of land, buildings or structures existing at the time of adoption of this Ordinance which does not comply with all the regulations of this Ordinance or any amendments hereto governing the zoning district in which such use is located. - (60) Noxious Matter or Material: Material capable of causing injury to living organisms by chemical reaction, or which is capable of causing detrimental effects to the physical or economic we17. being of individuais or animals. ._ _ _ - (61) Nursery_Day: Where care is provided for pay for three (3) or more children for periods of four (4) hours or more per day (See Minn. Statut�� Sec. 257.081 Subd. 4) . . (62) O�,en Sales Lot: Land devoted to the display of goods for sale, rent, lease, advertising or trade where such goods are no� enclosed within. a building. (63) Open Space: Areas of the site which are used for the active or passive enjoyment of the occupants of the development and which is not alZocated _ for some other function. (64) O�en Space-private: Areas of the site which are owned ar under the con- trol of a family which is not allocated for some other function. _ - (65) Railroad Right-of-Way: A strip of land with tracks and auxiliary facilities for track operation but not including depots, loading pl,at- forms, L.C.L. tracks, train sheds or other support structures. (66) Sign: Shall mean any structure either stationary or movable, containing ' any writing, announcement, declaration, demonstration, display, illus- � tration, insignia or illumination used to advertise or promote the interest of any person when the same is displayed out of doors. (67) Sign-Advertisin� (Billboard) : A sign which dixects attention to a business, commodity, service or entertainment not exclusively related to the premise where such sign is located or to which it is affixed. (68) Si�n-Business: A'sign which directs attention to a business or pro- fession conducted or to a comm�dity, service, or entertainment sold or offered on the premises on which such sign is located or to which it is affixed. - -: . ` , -. . , ." , � � : ,. 5 t , _ , . , ..�. ;. ; (69) Sign-Flashing: A sign where light is not maintained stationary or constant in intensity and color at all times in which such sign is in use. � (70) Sign-Gross Area: See 269. ,,,�� including (71) Sign-Illuminateds Any sign which is illuminated in any Y. � by refl.ection. (72) Sign-Name Plate= ss orabothlof thegbusiness or occ pantgof thehlotaors the name or addre be a directory listing the buil.ding where the siqn is placed or may name, addresses and business of occupant. (73) Stor : 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 and a cellar shallbnot•be base- ment shall be counted as a full story, counted as a story. (74)' Street: A pul�lic right-of-way not less than fifty (50) feet in width means of access to abutting property, and shall which affords a primary - also include Avenue, Highway, or Road excepting existing public right- of-way of lesser width. (�5) Structure: Anything constructed or erected on, or connected to the ground. (76) Thoroughfare: Shall be those streets as shown on the Hopkins Major Thoroughfare Plan. (77) Use-Accessory= A use subordinate to the principal use on a lot and exclusively used for purposes incidevocations,�skillstha ts,nb sinesses, • (78) Use-Conditional: Those occupations, � professions,. or uses specifically designated in each Zoning Use District< which for their respective conduct, exercise or performance inecul ar, designated use c3istricts may require reasonable butlans�lstructures, unusual or extraordinary limitations, facilitieulations in such use thoroughfares, conditions, modification, or reg district for the promotion or preseinaand inftheecityerand hereforefmay.� -- -�- - health, convenience or safety there be permitted in such use district only by a Conditional Use Permi.t- {7g) Use-Permitted: A use which may be lawfully established in a particular district or districts, provided it conforms with�fasuch distr ctss' regulations and performance standards (if any) (80) Use-Principal: The main use of land orG uaiduses mayabeteitherhpermitte� . subordinate or accessory uses. A prin p or cbnditional. (81) Variance: A modification or var�iCi�2ece ofeproperty ns of this Ordinance, as applied to a speci P roduct - (g2) Vendin Machine: Any coin operated device which dispenses a p or service without an attendant. ` (g3) Yard: A required open space on a lot which is unoccupied and unobsressl� by a building from its lowest Aroa�d shall extend alongXaelotalineand pernutted in this Ordinance. Y at right angles to such lot line to a depth or width specified in the , yard regulations for the district in whihe vertical wallooftthe principai shall be measured �from the lot line to t structure or structures. ' (g4) Yard-Front: A yard extending along the full width of the front lot line between side lot lines and extending from the abutting front street Xight-of-way line to a depth at its shallowest width required in the yar regulations for the district in which such lot is located. _ . ._ ; _ , , . ,:;.. s. ,:. . , ,, , 6 ., � � . . { (85) Yard-Rear: A yard extending along the full width of the rear Iot line between the side lot lines and extending toward the front lot line for a depth as specified in the yard regulatians for the district in which - such lot is located. (86) Yard-Side: A yard extending along the side lot line between the front and rear yards, having a width as specified in the yard regulations for the district in which such lot is located. (87) Zoning Administrator: Person appointed by the City Manager as provided by this Ordinance. C88� 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. -- - : j `.GENERAL PROVISIONS i 269.Q5 APPLIGATION OF TFiIS ORDINANCE. � ( 1) In their interpretation and application, the grovisions 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 Ordinance are either more restrictive or less restrictive than comparable conditians imposed by any other Zaw, ordinance, statute, resolution, or regulation of any kind, the regulations which are more restrictive, or whieh impose • ' higher standards or requirements shall prevail. ( 3) No structure shall be erected, converted, enlarged, reconstructe$ or altered, and no structure or land shall be used for any. purpose nor in any manner which is not in conformity with the provisions of this Ordinance. . _ ( 4) When land is proposed to be annexed. to the City of Hopkins, the Commissic: shall hold a public hearing to determine zoning of said land, The resul�:. of the hearing, along with a recommendation, shall be presented to the City Council. In the event of annexation proceedings becoming final before the permanent zoning is determined, the annexed area shall be placed in the "R-1" District and such classification shall be cansidereci as an interim step pendinq permanent classification. '. - i 269.06 NON-CONFORMING USES AND STRUCTURES. t ( 1) Any structure or use law�ully existing upon the effective date of this Ordinance may be continued at the size and in the manner of operatian � existing upon such date except as hereinafter specified. _. `. ( 2) Nothing in this Ordinance shall prevent the placing of a structure . in safe condition when said structure is declared unsafe by the Building . Inspector, providing the necessary repairs 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 of a structure or parcel of land may be - changed to a similar non-conformi.ng use or to a more restrictive non- conforming use. Once a structure or parcel of land has been placed in a more restrictive non-conforming use, it shall not return to a less restrictive non-conforming use. . t � � , , -, ,' . .. .. . . •. ' - ._ _ ____ ��t,;.�._ . . .. .._. . . , � ( 5) Whenever a lawful non-conforming structure shall have been damaged by fire, flood, explosion, earthquake, war, riot, or act of God, it may be reconstructed and used as before if it be reconstructed within twelve (12) months after such calamity, unless the damage to the building or structure is fifty per cent (50%) or more of its fair market value as shown on the assessment records at the time of damage, in which case the whole thereof shall be demolished, and any constructio;: thereafter shall be for a use in accordance with the provisions of this Ordinance. _ - ( 6) ' Whenever a lawful non-conforniing use of a structure or land is dis- continued for a period of six (6} months, any future use of said structure ar land shall be in con�ormity with the provisions of this Ordinance. ( 7) Any lawful non-conforming use of land not involving a structure, and - any lawful non-conforming use involving a structure with an assessor's market val.uation upon the effective date of this Ordinance of One Thousand Dollars ($1,000) or Iess, may be continued for a period of thirty-six (36) months after the effective date of the Ordinanae, whereupon such non-conforming use shall cease, unless brought into conformity. . ( 8) Any praposed structure which wi].i, under this Ordinance, become. non- conforming but for which a building permit has been lawfully granted, not more than six months prior to the effective date of this Ordinance, may be campleted in accordance with the appraved plans, provided con- struction is started within six (6) months of the effective date of this � Ordinance, and continues to completion within two (2) years. Such _ ___ structure shall thereafter be a legally existing non-conforming structur- ( 9) Normal maintenance of a building or other structure containing or relat� to a lawful non-conforming use is permitted, including necessary non- ' structural repairs and incidental alterations which do nat extend or intensify the non-conforming use. - - - ----<--(10� Alterations may be made to a building containing lawful non-conforming residential units when they will improve the livability thereof, provided they will not increase-the number of dwelling units or bulk of the building. 269.07 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 width may be utilized for single family detach��: dwelling purpose provided the area and width of such lot, are not less .lot is loc�t�� than 2/3 of such minimum requirements for the district within which the ' 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 applyi: this Ordinance. ( .4) Each lot shall maintain the required front yard as a landscaped settin� , for the permitted use and with the exception of a drive it shall not be used as a function of the use conducted thereon. s 269.08 ACCESSORY BUILDING5 AND STRUCTURES. - ( 1) No accessory building or structure other than a fence, temporary con- struction office or c�arage for residential use may be constrttcted . . . . 8 on a lot in residential (R) district prior to the time of construction o£ the principal building. Said residential garage may be used for storage and or service when directly rel.ated to the construction of the Principal Building to be located on said lot. f 2) Unless otherwise herein specified, no accessory building shall exceed the height of the grincipal building. However, in no ease shall accessory buildings in the ;'R-1", "R-2", "R-3" Districts exceed fifteen (15) feet in height. { 3) No accessory building in the "R" district shall exceed an aggregate square footag� of seven hundred (700) square feet per dwelling unit. ( 4) A detached acCessory building in an "R" district may be located within ` the rear yard provided it is two (2) feet or more from all lot lines except when it is a qarage design for direct entrance from a side street or alley the distance between the garage door and the lot line shall be twenty (20) feet or more. � 5) If a detached accessory building is ].ocated six C6) feet or less from a principal building it shall be a part of the pr.°:,ncipal building for aPPlying this Ordinance. _ ( 6) If a detached accessory building in a3-� "�" distrzct is sixty (60) feet or more in back of the front lot l,ine it may be loeated within two (2) feet of an interior side lot line. - ( 7) A detached accessory building located in the "B" or "I" distriet, which is not over twelve (12) feet in height nor greater than forty (40) feet in length and located along the side or rear lot line in common with an "R" district shall have the same required rear and side yard for ' ' - accessory bui?dings as required in the "R" district: _ - __. .__. ._ - - ( 8) D�tached accessory buildings in the "B" or "I" District may with written consent of the owner of the abutting Iot in the "B" or "I" district,have a masonry wall located on the lot line provided a twelve (12) foat wide open space remains to provide access from a public right-of-way (alley or street) . ( 9) Any detached accessory building in an "R" district or in a "B" or "I" district abutting an "R" district shaZl be set back an additional one (1} foot from the required for each ten (10) feet it exceeds forty (40) feet until said detached accessory building's set back equals the requirement for the principal building. Should a site have more than one accessory building they shall be separated a distance of one-half (�) the sum of the heights or more. 269.09 REQUIRED YARDS AND OPEN SPACE : _ ( 1) No yard or other open space existing upon the effective date of this Ordinance shall be reduced in area or dimension so as to make such yard or other open space less than the minimum required by this Ordinance. : � 2) The following shall not be considered as encroachments on yard and setback requirements: (a)Chimneys, flues, belt courses, leaders, sills, pilasters, lintels, , ornamental features, cornices, eaves, gutters and other similar pro- , jections, providec� 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 269.50. Lights for illuminating - parking or loading areas or yards for safety and security purposes may be provided where necessary provided that glare is not visible from the public right-of-way or adjacent residential property and not mare than three (3) foot candle o€ light intensity is present :at residential property line. . . , ,; 9 . . _ � �:_ . _. . _ _ . , ' • ' �, ..: ' (c)In front yards, balconies that extend a distance of four (4) feet or less, provided they are seven (7) feet or mare above the gra@e at the building line, steps, stoops and uncovered porches. (d)Iri side yards, terraces, steps, nncavered porches or stoops which do not extend in eZevation 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.- (ejIn rear yards, bays not to exceed a depth of two (2) feet nar to contain an area of more than twenty (20) square feet; fire escapes not to exceed a width of three (3) feet; �balconies, braezeways, detached outdoor picnic shelters and recreational equipment, and - off-stxeet parking except as hereinafter regulated. f 4) Whenever a park or play area is so located that it abuts on a public rightrof-way or. railroad right-of-way, either a landscaped yard area . of at least thirty (30) feet shall be maintained between such right- oE-way and the nearest developed play space, or a fence in conformity with Section 269_11 or a six (6) foot chain link fence may also be used. This section shall apply in all zoning districts and to aIl public and private parks, schools, churches, and other areas where play space is . pravided. ; , � _ 269.10 TRAFFIC VISIBILITY - "R" DISTRICTS. � On corner lots in residential districts, no structure or planting � in excess of thirty t30) inches above the abutting curb line shall be permitted within a triangular 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 diagonally to a point thirty (30) feet from the point of beginning on the other � curb line, thence to the point of beginning." __.,-:269.11-__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 entirely upon the private property of the person, firm or corporation constructing _ or causing the construction, of such fence unless the owner of the - groperty adjoining agrees, in writing, that such f�nce 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 Registered Land Surveyor. ( 3) Construction and Maintenance: Every fence shall be constructed in a substantial, workmanlike manner and of substantial material reasonably • suitable for the purpose for 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 private. Any such fence which is, or has become dangerous to the public safety, health or welfare, is a public nuisance, and the Hopkins Building Tnspector is hereby authorized to commence proper proceedings in the Hennepin County Municipal Court for the abatement thereof. Link - fences, wherever permitted, shall be constructed in such a manner that > � : : _ ,, :.: 10 � ,.. . 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 distriets as hereinafter provided. ( 5) Residential District Fences: In any part of Hopkins zoned resi- dential, no haundary line fence shall be erected or maintained -. . more than three and one-half (3�) feet in height except that: (a) fences on any corner lot e'rected within thirty (30) feet of the intersecting curb line shall be subject to Section 269.10, 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 2ot 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 o� such fence, which building line intersecting such fence line is closest to the rear lot line : from which such fence commences provided that if such principal building is located more than fifty (50) feet away from such fence li.ne and is owned by someane other than the fence owner or erecto�, then such six (6) foot side yard fence may be constructed to a point ' of such side yard which would be intersected by the rear wall of the principal building on said lot thus fenced; and . (c) fences along any rear proper�y 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 Zine constitutes the side � lot line of an abutting Zot shall not exceed six (63 feet in height -- ~- for a distance calculated as in (b) herein and shall not exceed three and one-half (3�) feet in height thereafter. AlI fences in any residential district shall be constructed in such manner that at least twenty-five (25) percent of the plane between the graund and the top of the fence is open, and in calculating such percentage, " � ` '""-"--- ��- distances of fifty (50) feet may be averaged beginning at the per- mitted 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 paint 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. ( 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 ta eight (8) feet in height provided: - (a) That applicant has an approved open sales lot or; (b) Qpen 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 use could be dangerous to the public; or (e) The use is an at�ractive nuisance and the applicant can show - that for security reasons a fence of six (6) feet will not be adequate. Ho•aever, property line fences abutting "R" Districts shall conform to those conditions applying to the "R" District. � . ,.,., , � _ . 11 - . _ � ( 7) Industrial District Fences: Property line fences in any indus- trial district shall not exceed eight (8) feet in height except that: (a) fences erected along a property line in common with a residential district shall be subject to the provisions herein described in residential district fences, and (b) fences in industrial districts which are printoltheea clicant's a security measure may have arms projecting PP property on which barbed wire can be €astened commencing at a point at least seven (7) feet above the qround, and (c) such fence shall not be erected within the landscaped portion of the front yard of any industrial establishment. ( 8) Special Purpose Fencese Fences for special purposes and fences differing in construction, height or length may be permitted in any district in tYie City of Hopkins by the issuance o£ a Conditional - Use Permit approved by the Zoning and Planning Commisai�licnant and e City Council upon proof and reasons submitted by PP upon the signing by said bodies that such special gurpose is necessary to protect, buffer or improve the premises for which such fence is intended. Such special fence permit, if issued, may SeioflsPec al praviae for the height, location, construction and typ fence thereby permitted. •' 269.12 PUBLIC UTILITY SERVICES. . ' This ordinance shall. not apply to structures which are an integral . part of a system for public transportation or for transmi�lic - --- - power, water, heat, communicatiori, gas or sewage by any p utility, and lacated on public lands, easements or rights-of-way authorized or permitted by statutes, ordinances, franchise or permit. 269._13__ LAND RECLAMATION AND MINING. Land reclamation and mining shall be permitted in all districts by Conditional Use Permit. The Conditional Use Permit shall include as a condition thereof an approved finish grade plan which will not • ' adversely affect the adjacent land, an approved program for regu- lating the type of fill permitted, for control of rodents, fire, vehicular ingress and egress, hours of operation, unstabl.e slopes, material dispersed from wind ox hauling of material to or from the site, and general maintenance of the site. - 269.14 STRUCTURES IN PUBLIC RIGHTS-OF-WAY. �lic lands or rights- No structure shall be located in or on any P ro riate of way without a permit therefor issued pursuant to app p ,City Ordinances or other regulations. ADMINISTRATION AND ENFORCEMENT 269:20 ENFORCING OFFICER. The City Manager �hall appoint a Zoning Administrator who sha1T have _ - the duty and responsibility of enforcing and administering this Ordinance. . . _ 22 . , _ _-._ . r�� _ _ __ . . . �..: _ � , .,,. . , . . . „. 269.21 BUILDING PERMIT. No structure shall hereafter be erected, or structurally a].tered until a building permit shall have been issued and no buildinq � permit shall be issued therefore except in conformance with an approved Conditional Use Permit or Certificate of Occupancy ` application. :` : . ,: 269.22 DUTIES OF THE ZONII�IG ADMINISTRATOR. The Zoning Administrator shall enforce this Ordinance ana in furtherance of said authority he may: ( 1) Conduct inspections of buildings and use�of land to determine compliance with the terms of this Ordinance. ' ( 2) Maintain permanent and current records of this Ordinance, in- cluding but not limited to, all maps, amendments and conditianaZ . uses, variances, appeals� certificates of occupancy and app3ications there�oo � ( 3) Receive, file and forward aIl applications for amendments, vari- ances, conditional use or other matters to the. Cammission and Council. - ( 4y Snstitute 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 lI, 1966 shall be maintained by the Zoning Administrator. Such record . shall indicate tha type af use, square footage in Lse, number of employees and other pertinent 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. 2b9.23 VARIANCES. ( 1) Applications for variances shall be filed with the Zoning Adminis- _ trator and shall state the exceptional conditions of the lot and the peculiar and practical difficulties claimed as a basis for a variance. _ : ( 2) Referral to Zoning and Planning Commission: Al1 applications for variances shall be referred by the Zoning Administrator to the Commission which shall hear the applicant, or representative thereof, at its next regular meeting after seven (7) days after . the date of filing the application. The commission shaZl recommend such conditions relating to the granting of a variance as they deem necessary 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: In considering all request�and in taking subsequent action, the Commission and Council shall make a finding of fact that the proposed action will not impair an adequate supply � of light and air to adjacent property, increase the danger of fire or endanger the p�blic safety, unreasonably diminish or impair established property values within the neighborhood, or in any way be contrary to the intent of this Ordinance. ` . . I3 . . , _ . , _ , , ;� ,_ . . ,, _ _ ; „ .x.: ( 4) Action by the Council: Upon receiving the recommendations of the Commission or within sixty (60) days after referral of the application for a variance to the Commi.ssion if no recommendation has been transmitted, the Council shall place the request on the Agenda for its next regular meeting. The Council shall reach a decision upon said request within sixty (60) days after the date - of the above meeting. The Council may grant variances from the literal provisions of this Ordinance in instances where their '. strict enforcement would cause undue hardship because of circum- stances peculiar and unique to`the individual premises, or property under consideration, and may grant such variance only when the applicant therefor has demonstrated and proved that such action will be in keeping with the spirit and in�ent of this Ordinance within the Zaning District in which such variance is prayed for. The Council may impose any condition in the granting of such variance in order to insure compliance with this Ordinance, or to protect adjacent property. No variance shall be granted pur- suant to which the use of the property is extended or changed beyond the use permitted by this Ordinance in the District where such land is located. � � 269.24 AMENDMENT TO ZONING ORDINANCE. The Council may by 4/5 vote of the entire Council, from time to time, adopt amendments to tnis Ordinance. — ( '1) Initiation for Amendment: The Council or the Comanission may, upon their own motion, initiate a request to amend the text or the dis- tricting map o� 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 parcei which includes _., . -- ----- .._.said real estate. ( 2) Application for Amendment: All petitons for amendments which are . initiated by the owners of property shall be filed with the Zoning Administrator. When said application involves the changing of zoning districts and boundaries thereof, it sha1Z be accompanied . by a map or plat showing the lands proposed to be changed and all lands within 350 feet of the boundaries of the property proposed to be rezoned, together with the names and addresses of the ovmers of the land in such area. ' ( 3) Referral to the Commi.ssion: AII petitions for amendments shaZl be referred to the Commission which shall hold an official public hearing within 60 days of the date of fiZing such petition. ( 4) Hearing: The Zoning Administrator shall cause to be published a notice of public hearing in the official newspapez at least ten (10) days but not more than 30 days prior to the date of the hearing. ; ( 5) Action by tt�.e Commission: If the request is for a district change, notices shall be mailed to all owners of property within 350 feet of the parcel included in the request, such ownership to be deter- mined by the listing in the files of the City Assessor, not Iess 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 within this Ordinance. The Com- mission shall make its recommendation to the Council within sixty (60) days of filinq of the request or within sixty (60) days of any continuance of such matter granted at the applicants written request 14 . . �. � , , . . by filing such recommendation with the City Clerk. ( 6) Action by the Council: The City Clerk shall thereupon place - such matter on the Council agenda for its next regular meetinq held at least five (5) days after such filing, at which time the Council shall act thereon. Notice of Council action shall be macle to the applicant. 269.25 CERTIFICATE OF OCCUPANCY PERMIT � ( 1) No building permit for any construction, alteration or moving sha].1 be issued unless such building permit is also for the purpose o� securing a Certificate af Occupancy for use of such existinq or progosed structure. ( 2) The application for a Certificate of Occupancy shall accompany the application for a building permit and shall be issued when ' the Zoning Administrator has found the use and the conditions of the development in conformance with this Ordinance. 269.26 CONDITIONAL USE PERMIT. ' ;- � ( l) Application: A Conditional Use Permit is required when (a) the proposed use is specified within the Zoning district as a Conditional Use: or (b) the proposed development .is listed under either the General or Special Provisions Section of this Ordinance as requiring a � Conditional Use Permit (c) the building permit requested is for other than a one (1) thru � four (4) family building or for maintenance ar remodeling of an �.__:_._: ' existing bui�.dinq other than the exterior treatment of institutional, " commercial or industrial struetures. ( 2) Applicant: The owner or interested party with the signed consent of the owner may file an application with the Zoning Administrator together with such filing fee as may be established by the Counci.Z. _ ...._._.__: -- - An applicatian may be filed for approval of a Concept Plan, a Preliminary Plan or Final Plan singularly or in progressive com- bination as the applicant desires. (a) application filed - six (6) sets of supporting data shall accompany the application and upon finding by the staff that a12 required information has been submitted, said application shall be dated and accepted as a filed agenda item. ( 3) Public Hearing: The applicant shall submi.t a tract map indicating all the parcels within 300 feet of the property described in the application along with a certified list of the names and addresses of the owners of all land within 300 feet. The Zoning Administrator shaZl place the request on the Planning Commission agenda for the next meeting after 10 days from the date after the filing date. The adjacent property owners as shown on the certified list 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 shal2. not invaliaate any such proceedings as set forth in � this Ordinance. The Commission shall make its recommendation to the Council within si�ty (60) days of the filing date or within sixty _ (60) days of any continuance of such request as agreed to by the applicant in writting or statement from the floor. Said Planning Commission recommendation shall be in resalution for� stating said " findirigs in support or opposition to request as filed and/or amer,ded. The public hearing shall continue from £irst request to��approval, - denial or withdrawl, although it may be closed for concept consid- eration, for Preliminary Plan consideration and cZosed. ; . - , - , : 15 ( 4) Concept Plan: The applicant may request a review hearing with the Planning Commission for the purpose of presenting concept ideas and gaining general acceptance. Precisely the concept . plan should determine the density range, the mix of uses, the traffic circulation and access pattern, the maximum height, the drainage pattern and the architectura2 styl,e. ( 5) Concept Plan Required Data: Supporting data as stated herein shall b.e the minimum attached to the application - (a) half section map showing property described in the applicati.on and (b) if a new building is proposed a boundary survey prepared by a - Minnesota Registered Land Surveyor and a topographic map with vertical intervals of two (2) feet, trees of six (6) inches or more so located : (c) a proposed drainage plan with sufficient elevations and starm sewer data to support plan - ` ` ' (d) a statement as to the expected traffic generation, the peak hour flows and a map showing traffic circulation to major thoroughfare system , , , , , . (e) a site plan indicating proposed structures, access,building masses and general development idea. - (f) graphic material to indicate architectural style. (. 6) Preliminary Plan: The applicant may file an application for - . Preliminary Plan review without the benefit of the concept plan procedure, however, if the concept pZan review is filed, the decision of the Council shall be available prior to acceptance � of the Prel.iminary Plan as a filed agenda item. The Preliminary Plan as submitted shall be in the form of a single, intergrated form which can be considered for approval as submitted. The - Planning Commission can recammend denial, appraval, conditional approval or table within the guide lines stated under 269.26 (33 ( 7) Prelim�nary Plan Required Data: (a) Tf new structure - a boundary survey by a Minnesota Registered Land Surveyor, a topographic map of the site with vertical inter- vals of two (2) feet or less with trees of six (6) inches or more located. ' (b? A site data map showing public rights-of-way, improved streets, walks, utility locations, easements, location and use of buildings '. on abutting lots, railroads and curb cuts. - x (c) A site plan showing total development of the area with supporting date to show conformance with the Ordinance as to parking, loading, open space, signs, access, density, etc. (d) A statement as to traffic qeneration; peak hour data, site distance and relationship to traffic circulation with the major thoroughfare system (e) 5chematic landscape plan showing fence detail proposed, lighting, walls, wal.ks and planting (f) Should any variances, vacations, adjustments to utilities or amendments be ant;cipated a statement of explanation and supporting data shall be submitted (g) Architectural drawings showing the relationship to the area, bulk, height, style, color and schedual of construction if applicable. (h) Should platting be required, the preliminary plat will be submitted .accarding to Ordinance and be eonsidered a part of this public hearing, , _ . . , � , : ; l6 � , . . . . , , „ j ( 8) Final Plan: The applicant may submi.t final plan as soon as time will permit after Council action on the Preliminary Plan and if in complete accord with the recommendation of the Planning Com- mission on the Preliminary Plan, Final Plan will be placed on the Council agenda, otherwise it will be placed on the Planning Commission agenda. . . . � ( 9) Final Plan Required Data: (a) Site plan showing location, of all buildings and structures with dimensions � (b) Planting plan showing location, species and size of a21 plant material : : (c) Landscape plan showing pathway system, width and material; screening fences with detail; lighting system, recreational � feature _ (d) Drainage plan indicating catch basins and underground improvement (e) Utility systems for sanitary sewer, water, gas, telephone and _ electric (f) O�f-street parking, drives and access plan � �g) Off-street loading plan _ (h) Trash container and pick-up plan �i) Plan for adjustmen� to existing rights-of-way, easements, � utilities and new dedications � " (j) Architectural plans showing eievations, entrances, heights, floor plans and material to be used on exterior. 269.27 APPEALS. ( 1) The Board of Appeals shall be the Commission; it shall. have the - duty of hearing all appeals from any order, requirement, or decision made by the Zoning Administrator under this Ordinance; and from any interpretation of the text of the Ordinance, or any determination by the Zoning Administrator as to the location of the boundary of � a zoning district as shown on the zoning map. - � ( 2) Notice of hearings shall be mailed to all appellants and to ' those persons who are on the assessor's records as owning property within 350 feet of the land in question. In all cases rendering determination of district boundary Iines or interpretation of the text _ of this Ordinance, a notice shall be pubZished in the official news- paper once at least ten (10) days but,not more than thirty (30) days prior to the hearing. � ( 3) The Board of Appeals shall have the final authority to deny, or grant such appeal. . : ` 20NING DISTRICTS AND MAP 269.30 DISTRICTS � ( 1) For the purpose of this Ordinance the City of Hopkins is hereby divided , into the followinq Use Districts and groups of Use Districts. ��Rn RESIDENTIAL DT�STRICT i R-1-A Single Family X R-1-B Single Family i � R-1-C Single Family � � . ° R-1-D Single Family � 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-5 High Density Multiple Family Residential District � _ , �.. � _ ,., "B° BUSINESS DISTRICT , g-1 Limited Business District B-2 Central Business District B-3 General Business District : B-4 Service Business District � I-1 Industrial District I-2 General Industria3 District � ( 2) Reference in this Ordinance to "R" Districts shall include R-1, R-2, R�3, R-4 and R-5 Districts; reference in this Ordinance to "B" Districts shall include B-1, B-2, B-3 and B-4 Districts; Reference in this Ordin- ance to "I" Districts shall include I-2 and Z-2 Districts. 269.29 MAP : ,. ,. . _ „ ( 1) The boundaries of the above Districts are hereby established as shown on that certain map entitled "Zoning Map of Hopkins, Minnesota" which map is properly approved and filed in the Office of the City Clerk, hereinafter referred to as the "Zoning Map". : ( 2a Said map and all of the notations, reference and other information shown thereon shall have the sam2 force and effect as if fully .set down herein and are hereby made a part of this Ordinance by reference ' and incorporated herein as Eully as if set forth herein at length. � ' 269.30 BOUNDARIES : � ' ( l) District Boundary Lines as indicated on sai3 map �ollow lot ].ines, - --- � 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 � Ordinanee. 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 far any use of either Use District provided, however, if any portion of such lot shall extend beyond the fifty (50) foot Zimitation, the District line as shown shall prevail. ( 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 of Zoning Appeals. - ( 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 proceeding. _ ,.: . . . � . � . . . � . - .. .� .�.� . . . � . , �:�.:. . .�. .; . ... � , . , � . .. . . . . . , • .. : ., . . . . . .. . . . . �•: , ,,� • . . _ " ., '. � ... . ., , . .. . . . _... . .. . ,. . , . ,.. ...-. . . .`�..Z8 �� ,� Districts no structure or la�d _ Within the R so indicated as DIgTRICTS og the uses �on�tional 269•31 gESIDENTIAI+ t for one or more having received a shali be used excep use or after in this �rdlnanCe. Pe�nitted use, accessory to �he Provisions contained Use Pen'nit a�'a according V . . ; .. : g-4 -5 R Rl-D R2 R3 R-1-A g-1-B R 1-C _ . PERMITTED U5ES p ` , _ P P •t P _ detached dwelling p p l F ami1Y P � p � dwelling ' P p P 2 Fami�Y P p 2_q Fami1Y dwelling p ' p Townhouse _ , le dwelling � .. .. . , 3 stox'Y rc►ultip ' p p _ le dwelling P �. p . Multip p P . gopkins owned Park & P P 12.000 12,Q�' nimums required: 12,000 12,000 20,Ce, Recreation �re nti. 12,000 2�,000 p00 20,000 The following 6�000 8,000 20,000 20,000 20. 2,000 1,OC;, Ft.) 20►000 20r000 pOQ 3.500 3.�00 ],50 1�C Lot Area (Sq• 20,000 8�000 12►Q00 20► 100 150 Non-Residential Use 3,500 �p 100 35 30 , 3( 1 FamilY (Sq.Et) 50 60 35 35 30 3� _ Lot Area Ft.) 35 35 35 �.35 Lot Width ( 35 3d , 35 " Coverage 30 " ' ' �Building 25 - . _ 15' or � the ard (Ft.) 10 10 whichev�= Front Y gt.) 8 10 12 -height, Side yard ( 8 8 12 12 _ :14 :__� is greater 1 Storl' 8 10 1�` �4 2 StorY 10 35 _ 25• or �S the ht. 3 Story 3S 40 whichever is grt= _More than 3 2� �� gear yard � � ea(Sa.Ft) y00 800 1000 1200 g00 pwelling Floor � . 1 FamilY 70� '. : �� .. .520 520 > 520 52' 2 Family � 600 600 600 6C:: mare than 2 - 720 , 72� ',�20 720 Br. Efficiency (700 + 120 €or ea. 1 Br. 35 65' or 6 sto��- 2 Br. 35 35 35 . � , l.l 5 1:1.25 1:1 1: .7`- over 2 Bre 35 Building Heiqht -_ - - ppen Space Ratio � � A. -• DWELLING RES2�IRED �T �d for LOWANCES FOR MULTIPLE no event : 2 GF2EDITS �D P'Z' credits and allowan�Dist icts bu tp� 269.3 lot area R 4 and R-5 ft. , The following the R-3. less than 2000 R 3, mu2tiple dwellings in With allowances b� the respective the minimum lot area dwelling in shall f�. or 600 sq- ft' Per round� 12,000 sq. uilding or underg : ` R_4 and R-5 Districts• �ovided within the b For each parking space punit �;.� 1) �'t. Per is being constructed is , subtract 300 Sq• the multiple dwelling ft, per � `^��Oh District, subtract 300 f: per u.�it � 2� If the site uPg 3 or B_4 gusiness add 300 sq• of �he abutting B'2► ln the R-1 district, utting land is le dwelling site within 150 ft. (, 3) If the ab the multip for that portion of ft. per � g-7, district• erage�is less than 20�► sub�ract 150 sq• � g) If the total lot cov . 19 ( 5) For each unit containing in excess of 2 bedrooms, add 300 sq. ft. ( 6) Should it be necessary to raze existing principal buildings which are found by the Planning Commission to be in a delapidated condition; or where said building is econami.cally unfeasible, there shall be provided an allowance of two dwelling units above any other allowance permitted within this section; Upon said finding by the Planning Commi.ssion 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. , 269.33 CONDITIONAL USES WITHIN THE RESIDENTIAL DISTRICTS - Certain uses, may or may not be suitable in a particular zoning district, depending upon the suitability of the circumstances. When such circum- stances are found to exist, a conditianal use may be granted. Conditions ` may be applied to the granting of the permit and periodic review of the permit may be required. The permi.t shall be granted for a particular use and not for a particular person or firm. The cancellation of a conditonal 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 e�ire one year after it has been issued unless the use for which the permit has been granted is in effect, excepz. that, upon written application of the owner of the effected land for wnic: 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. (.2j Use where a eonditional use ger:nit may be granted — a. churches - including those related structures located on the same sit� which are an integral part of the church proper, convents or homes for : persons related to a religious function on the same site provided no building shall be located within fifty (50) .feet of any lot line of an abutting lot in the "R" District. � � b. Open recreation for more than one family not under the jurisdiction c` ' Hopkins such as golf courses, country clubs, tennis courts, swimming pao`. (1) The recreation facility provided is not to be contained in a buildin�• but supportive buildings are permitted provided they are fifty (50� feet ar more from all lot lines : (2) The term qolf course shall mean one of nine holes or more averaging 130 yards or more. (3) Country Club shall include a golf course (4) Tennis courts shall not be less than 30 feet from any lot line in arL "R" district, shall have screen planting and not be lighted after l.l P.M• (5) Swimming pools shall not be less than thirty (30) feet from any lot line in an "R" district, shall be fenced and shall not be open beyond 11 P.M. (c) municipal service structures subject to the following: • . (1) Water pumping houses and sanitary sewage lift stations which if not located below grade on a landscaped site shall be in a building which - conforms to yard requirements and architectural style of the neighborhoc_. (2) Gas regulator �stations, electric power regulator stations and tele- phone regulator stations, which if not located below grade on a land- scaped site shall be in a building which conforms to yard requirements - and architectural style of the neiqhborhood. Should the structure require a fence, it shall be located in conformance with all yard requirements (3) water towers shall be so located as to conform with all yard requirements , , , . , .. _ , . , 20 . . . . . . .. . ,. . ( .. , .. . ' . . .. . . ' . . . . � . . .. . . . �:..;. � '�.-� : . . ,;...:'. ' . . . � . . . . . � ' . � . � . . . : .. , , ' � � V (4) electric power transmission lines shall be located along public streets (R.O.W.) or along railroad R.O.W. � (5) 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 buildings are ; Iocated Zess than fifty (50) feet from any lot ].ine 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 � (£) off-street garking for abutting "B" or "I" uses may be extended � the width of three contiguous lots or I50 feet which ever is greater onto land which is zoned for residential use provided the land is under the same ownership or control as the land which is to be served and said parking is not Iocated between two existing abutting residentia's ` uses. ; (g) accessory structures other than private garage � (h) within the "R-4" or "R-5" districts - private clubs and lodges _ (i) withinethe�"Ra3profRt4" or "R-5" districts - boarding houses provideu . the site shall contain not less than 1000 sq. ft. of lot area for each person to be accomodated. -� - (j) within the "R-3", "R-4" or "R-5" d,istricts,convalescent. and nursing homes provided the site shall eontain not less than 600 sq, ft. of lot a�ea for each person to be accomodated. (k) within "R-2", "R-3", "R-4" ar "R-5" districts day nursery provided play s�ace of 60 sq. ft. per child of the design capacity is fenced and _ . not located in the front yard and said nursery i.s licensed by the State. `' : ` (1) "R-4° district - mobile home court to accomodate homes no wider than I2 feet, cvith 24 foot private roadways designated as fire lanes, two parking spaces with each site and guest parking at a ratio of one- half (�t) 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-S" district - offices on the first floor for persons , " ' .engaged in one of the recognized grofessions, finance, insurance, real estate, religious or philanthropic organizatians. (o) "R-4" or "R-5" district - public or quasi public buildings such as libraries, YMCA, museums, art institutes and within "R-1", "R-2" or "g-3" if located in a public park. ' 269.34 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. ( 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 mo�e 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 : { $) 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 . , 21 , ; camper or one mobil home grovided the above mentioned items � are not over eighteen (18) feet in length. Said storage shall not be in the front yard. - 269.35 BUSINESS DISTRICTS - Within the "B" District no structure or land shall be used except for one or more of the uses so indicated as a permitited use, accessory use or after having received a Conditianal Use Permit according to the provisions contained in this Ordinance, _ „ PERMITTED USES B-1 B-2 B-3 B-4 Auto tepair-major and sales . : :, :, p . P. . ,, . . , ; Auto parts - sales � P ` p p - Auto repair-mi.nor 'p ' p - Auto wash subject to seperate ord. P � ' P ? Boat and marine sales ' p `'• Building materials sales .; p '. ; . Bus, .taxi s tation p P P p � Susiness, trade school within a bldg. P P P P �- - � Clinics and offices for human care p p p p ' `� ' Commercial recreation such as bowling � raller rinks, health clubs p - p p ' Convention halls, armory p � " Dry cleaning & Iaundry collection . stations and self serve . p ' P p p Financial institutions : P ' P p Garden & lawn supply sales . P p i Green house and nursery � .. _ P_ _ P _ _ _ ' _ � _ _...._. : < Kennel & clinic for animal caxe P P P -..__ p ,; Laboratories-medical, dental, optical P P P , _ � Locker plant for frozen foods p " P � Mortuaries. funeral homes p p p + Liquor store ' P p P ; Offices ` P P P P : . k Personal services and repair shops such � � : as barber, beauty, shoe repair � - P P P Plumbing; heating, electric, etc. shops � not to exceed 5Q00 sq.ft. floor area p p � Printing and publishing ` P P P Private clubs and lodges (non-profit) P p p p " � R a d i o a n d T V s t u d i o s P p P � , _. . . Rental service - , , P P , : Restaurants, night clubs ' p �g � p Retail shops p p Studios-artists, music, proto, etc. P p p p - - ' Service & repair shops, appliances, radios, � TV, picture framing, etc. P p � - Theatres, (indoor only) p g The following are minimum requirements . � I,ot area (Sq. Ft.} 5000 :10,000 � Lot Width (ft.) � ' S0 20 20 100. � F.A.R. 1.0 6.0 2.0 1.0 � ; Front yard (ft.) 20 0 0 20 Front yard if abutting Residential District _ b shall be same as Residential District Side yard 20 0 0. 20 ; :`, . � - . ; ' , � '`' 22 ' B-1 B-2 B-3 B-4 , 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 ` 269.36 CONDITIONAL USES WITHIN THE BU6INESS DISTRICT , Certain uses, may or may not be suitable in a particular zoning district, depending upon the suitability of the circumstances. When such circum- stances are found to exist, a conditional use may be granted. Conditions � may he applied to the granting of the permit and periodic review of the permit may be required. The permit shall he granted far 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. --" ' ( l) Expiration of Conditional -Use Permit - a conditional use permit shall ex- pire one year aEter it has been issued unless the use for which the � permit has been granted is in effect, except that, upon written appli- cation of the owner of the effected land for which the permi.t was grante�� prior to the end of said year may request and the .Council may grant an extension not to exceed one year. ( 2} Uses where a Conditonal Use Permit may be granted: al Accessory structures _ - b� Private clubs and lodges in the "B-l" district, provided they are not operated for a profit and do not require a gross floor area greater than 5000 sq. ft. . ` c) 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. . . d) Railroad right-of-way for through trains � � e) Nurseries landscape and garden supply sales when all or a portion is autside in the "B-1", "B-3" or "B-4" district provided: 1) site shall be constructed according to a drainage plan apnroved - by the City Engineer 2) provision for loading and unloading shall be in accord with a ' design submitted and approved by the City 3) a fence not less than 30 inches sha12 seperate the sales and service area from the front yard and in the "B-3" district said yard shall be 20 feet in depth 4) material which is to be offered for sale in the open shall be horticultural oriented and not include pumps, tools, lawn mowers, fertilizers, fencing, ornamental art, etc. f) Dwelling units not occuping first floor provided: ' � l) an off-street parking is provided for each dwelling ' 2) all dwellings must have an entrance hallway leading directly to a public "street or private open space leading to street 3} the density allowed shall be the same as "R-3" 4) should a roof top be made available to a dwelling, it shall have a 42' minimum protective parapet. : g) Research and development laboratories in "B-3" or "B-4" h) Convention hall, armory, exhibition hall in "B-2", "B-3" or "B-4". ,, : , 23 i) 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 "R-2", "R-3" or "R-4" provided: 1) the business is designed for parking and traffic flow according to a plan submitted and approved by the City. 2) the site drainage is designed and built according to a plan submitted and approved by the City -- 3) that screening be provided to control headlights 4) that provisions be made to pick up the adjacent neighborhood daily relative to material initiated at the site and discarded from the car. : 5) in the B-2 andB-3 district a Iandscaped front yard not less than ten (10) feet in depth shall be required. _ 6) the lighting shall be accomplished in such a way as to have no direct source of I.ight visable from the public right-of-way or adjacent land in residential use. j� Commercial recreation in the "B-2", "B-3" or "B-4" districts such as bowling alleys, billiard halls, miniture qolf, archery ranges, provide<: 1) said business shall not occupy the front forty (40) feet of a bui]:ding in the "B-2" district ` k) Essential public service and utility structnres l) Motel-Hotel provided the site shall contain not less than 600 sq. ft. of lot area per rental unit - _ � ' m) Religious or philanthropic institutions n) Rental service when conducted totally within a building � o) Open sales lot provided: - -_-- 1) the lot is graded and surfaced according to a plan submitted and approved by the City Engineer 2) the assembly, repair or manufacture of goods shall not occur within an open sales lot 3) all lot lines abutting an "R" district shall have a six foot fence __ _ ._._,___ __.-..__ . _ _-. �„�hich is -30� open erected along the line except abutting required front yard 4) there is located thereon a building devoted to and used in con- junction with the open lot having a gross square footage as large - --- --. _ _ or larger than the open sales lot - 5) that the storage on such lot be so organized that a space of 15 feet or vehicular accessible open space remain between storage aisles which shall not exceed 50 feet in width ----- - - 6) that the height of such open storage shall not exceed ten feet 7) that all yards be respected and kept in a landscaped condition p) Parking lots, ramps - q) Vending machines (coin operated) whether they be for service or product shall be permi.tted inside a building: when located outside of building they shall be considered as a building and conform to this Ordinance. r) Warehousing in the "R-3" and "R-4" districts providing the gross floor - area does not exceed 16000 square feet. s) Utility service structures as regulated in Section 269.32 t) Pet shops in tNe B-2 or B-3 provided the operation 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 u) Hospital for human care ---- vj Motor fuel stations in the B-4 district provided: , ' __ _ . .l) That the site shall be constructed for drainage according to a plan submitted and approved by the City Engineer 24 2) That the entire site not covered with building or landscape shall be hard surfaced 3) That any other business conducted on the site shall conform to this Ordinance. 4) 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 visib�� _ upon any adjacent highway or street or private property. 269.37 PERMITTED ACCESSORY USES WITHIN THE "B" DISTRICT. � ( 1) Signs as regulated by this Ordinance ( Z) Decorative landscape Eeatures ( 3) Buildings temporarily located for purpos.es of construction on the premise for a period not to exceed the time normally necessary for completion of said construction C 4) Repair, manufacturing and assembly as a secondary use Zvhen found necessary to the conduct of an allowable use provided the gross floor area is not greater than SO$ of floor area devoted to the principal use. ( 5) Off-street parking and loading as regulated by this Ordinance. ( 6) Private swimming pool, tennis court or simi,lar recreational devices ' � ( 7) Marquees and awnings on pubZic and private property subject to Section 360 of the Hopkins Code. - ( 8) Uses customarily incidental to the principal use. 269.38 INDUSTRIAL DISTRICT - Within the "I" District no structures or 2and shall be used except for one or more of the uses so indicated as a permitted use, or a conditional use after having received a permit or an accessory use. _ _ _ AlI allowable industrial uses will be categorized in one or more of the following classifications: _ (A) Manufacturing - any light manufacturing use or process including - repairing, assembling, fabricating, altering, converting, fznishing, processing, treating, testing, packaging or bottling of the itemized materials; , (B) Warehousing, Storage, Wholesaling - the storage, handling, assembly _ - and distribution of goods and materials for wholesaling or on site use of itemized material; �C� Administrative offices for the conduct of the allowable manufacturina , . . warehousing, storage and wholesa].ing. ' PERMITTED USES I-1 I-2 ' � A B C A .$ C � Food and kindred products p* p p p . p p Textile mill products p* p p p P p � Apparel made from leather, plastics, etc. P P P p p. p Lumber ana wood products p* p p p p P Furniture and fixtures p* p p p p p Paper products _ P* P P p p p ' Electrical motors, generators and allied ; products � P k� P P P P i Printing, publishing and allied industry P P P p p p � Chemical and al2ied products p p Petzoleum refining & related products p p p p . � Rubber and lastic � P products p* p p p* p p � Stone, clay and glass products p p p p p `p Primary metal industry p ' P P � Fabricated metal products p* p p p p p 25 � , � s M � =_i z-a . A B C A B � $rofessional scientific, photo an,d � optical products P P P P p p Billboards & signs as provided in this Ordinance p p . Minimum lot area in sq. ft. : - 20,000 12,000 Minimum lot depth in ft. . . 125 125 _ Nlinimum lot width ' 150 100 F.A.R. . � .50 .50 . , ', Minimum front yard in ft. 20 2d Minimum front yard if across R.O.W. from r � R-District . .`75 '.: Sp ` � M3.nimum side yard** : 20 i 20 Minimum side yard if abutting "R" District 40 40 . - � Minimum rear yar8 without a7.Zey abutting ��I�� or ��B�� District 2p � Zp . - Minimum rear yard with a11eY 12 . '`�12 Minimum rear yard abutting "R" District 40 40 --� - Maximum height 35 - .; 35 . � *� Provided the gross floor area devoted to manufacturing does not : exceed 5000 sq. ft. _ " ** One side yard may be eliminated if the owner of the abutting - - bui3ding fiZes with the City an agreeznent to build to the Iine with both buildings in conformance to the Fire Code and the re- maining side yard developed as a vehicular access to. the rear. 269.39 CONDITIONAL USES WITHIN THE INDUSTRIAL DISTRICT Certain uses, may or may not be suitable in a particular zoning district, depending upon the suitability of the circumstances. When such circum- stances are fotuid to exist, a conditional use may be granted. Gonditions may be applied to the qranting 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 conditianal use permit shall be considered equivalent to a rezoning, and , : the same procedural requirements shall apply. � 1) Expiration of Conditional Use Permit - A conditonal 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� �hat, upon written application the owner of the effected land for whi:- the permit was g�anted 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 af 40 feet or more; the entire site other than required - front yard shall be fenced; an off�street parking space for a 50 foo� long over the road trailer shall be provided for each loading bay included on the approved plan in addition to the loading bay; all storage outsic�e ot a building shaZl be considered an open sales lot and require a Conditional 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 private property; should an outside public address system 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. � . ` 26 .�.�� . �.+.ror■��r� ....... _. •. .. ' . (b) Radio or TV antennas (c) Airports or heliports - . (d) Contractors' 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 between 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 accomodate trucks and other large vehicles. �f) Research laboratories - (g) Commercial laundry pravided the sanitary sewer and water systems � are found adequate to meet the demand by the City Engineer. (h) Manufacturing of food products, textile products, wood products, - furniture and fixtures, paper products, rubber and plastic products or metal praducts where the gross floor area exceeds 5000 sq. ft. (i) Automobile painting, uphoZstering, tire recapping, major repair, body and fender work. � fj� Laundries and bag, carpet and rag cleaning provided necessary . equipment is installec3 and operated for the effective precipitation and recovery of dust - (k) Ice, cold storage or bottling works (1) Within the I-2 District - concrete products, mix plant or asphalt mixing plant. ,,. _ (m} Public utility structures - � (n) Open sales lots subject to conditions 269.36 (2)-0 (a) Junk yard provided said operation is fenced, has a 40 foot landscape�. front yard screening the operation from the public right-of-way, site is constructed according to a submi.tted and approved grading plan, said material contained therein is organized into storage ' aisles 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 rodent prevention program be approved by the City and that provisions be made to prevent oil from leaking into the soil. -_._ _ , . _ (p) Accessory buildings and structures 269.40 PERMITTED ACCESSORY USES WITHII� 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 Ioading spaces as required and permitted within this Ordinance. - ( 4) Incidental uses customary in the operation of a permitted or conditional use. SPECIAL PROVISIONS 269.41 SZGNS, ADVERTISING LIGHTS AND DEVICES - ' ( l) All out door signs in existance and those proposed to be erected pursuar.t to this (�rdinance in all zoning districts shall be governed by Section 409.00 of the 1970 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: � ' •` , �, , , . < : �:27 ( 2) Exceptions: This ordinance shall not apply to any display or directional signs, street siqns 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 instructional signs which are so located and intended to aid persons who are on the � private parcel of land providing 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• lacated except as otherwise specified fn this Ordinance. . � � 4) Prohibited Signs: The following types of signs are prohibited ' within the City: . (a) Illuminated flashinq, rotating or animated � (b) Signs painted, attached or in any other manner affixed to trees, rocks, or simi.lar 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 cancentrated or beamed is hereby prohibited except that in ZiOT11I1 Districts aB�3o nB_4n �rl��t� c"iILC� I�2° . g , , , , 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 de- tract from or otherwiss interfere with the proper functioning of a traffic control sign or signal_ � ` .(e) $igns that resemble any official marker erected by a govern- ) mental agency or display such words as "stop" or "danger" except official traffic control signs, and except in planned developments served with private streets, traffic control signs may be used where approved by the City Engineer. _ E 5) Political signs" may be located in yards, shaZl not exceed 4 square � feet in area, shall be permitted for a period not to exceed thirty (30) days prior to the election and shall be removed within seven (7) days after said election. ( 6) Construction Sign: is a temporary sign placed at the construction - site identifying the project, name of 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 Simi.lar Temporary Signs: Banners, pennants, and temporary directional signs may be used for grandopenings, special events and holidays upon receiving approval by the City Council for a period not to exceed ten (10) days. ( 8) Canopies and Marquees: Canopies and marquees sha11 be considered an • integral part of the structure to which they are attached. One sign may be permitted Qn each side and front of a canopy or marquee but such structure shall not be considered as part of the wall area where the wall area is used to determine the maximum sign area. ( 9) 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 fron� 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 . 28 ; to remove said sign within ten days of sale or least of property : and to maintain said sign shall be considered a viola�ion of this Ordinance. (10) Illumination: External illumination for signs in all districts shall be so constructed and maintained that the source of light is not visible from the public right-of-way or residential property_ �11) Sign Area Calculation: The area within the frame shall be used to calculate the square footage except that the width of a frame ex- ceedinq twelve (12) incles '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 formed around such letters or graphics in a plane figure 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 painted . y � on or attached to windows, walls, awnings, free standing structures, � � suspended by balloon or kites or on persons, animaZs, or vehicles s� � shall be considered as a sign to be included in calculating the , v�i � overall square footage. For the purpose of calculating advertising � N space under this Ordinance, the term lot shall exclude all private N � roads thereon which are approved as a part of a planned unit develop- n, ments or of a community unit plan and shall also exclude pipeline or � ai power line easements, railroad riqht-of-way and publicly owned land. � �, (12) Sign Height: The top of any such sign, including its superstructure, � � 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 graund level, whichever height is less; except that the height o � of any name plate sign which is attached to or an integral part of a a � functional structure, such as a water tower, smoke stack, radio or A •�+ TV transmitting tower, beacon or similar structure,�standing or erected � free of any building or other structure, shall not exceed an overal_ � � height of thirty-five (35} feet from ground level and shall be located N � 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 269. � (13) Non-Conforming Signs; 6igns or billboards existing on - which do not conform to the provisions of Section 269.06, Subdivision 7, as amended, or do not conform with any other provision of this Ordinance applicable thereto are hereby declared to be and constitute _ , a non-confornu.ng use and structure and the maintenance of any such non-conforming use or structure shall cease and be removed on or before - (14) Sign Permit: No signs permitted by this Ordinance shall be erected or ' maintained without the existznce of a valid permit issued therefor by the City of Hopkins pursuant to Ordinance No. 409.00 of the 1970 Code of Ordinances of the City of Hopkins. , ' I , � : 29 ' , . _ . . _ . _, _ . __ _ . 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N °� ,°' 33 . . . . , ,: _ . . _ _ . . ._.___._. . ,. . �_ . .. :,,. _.__._._._. _ , . . ..< __...__ _ __ _ , ___._�_._ ' g ' � , . ., . .- . .. . r ` � 269.42 OFF-STREET PARKII3G 4 ( 1) Existinq 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 ef- fective date of this Ordinance be damaged or destroyed by fire or other cause, it may be re-established according to Section 269.06-5, but in so doing the number of off-street parking or loading sgaces which existed must be retained and should plans be proposed for enlarging the floar area, seating capacity or other facilities which would affect the parking or loadinq re- quirements, the parking or loading spaces shall be enlarged accordingly. � 3) Except in Zoning District "B-2" the owner or occupant of a12 ' parcels and lots shall provide off-street parking areas as set , farth in this Ordinance. ( 4) Yards - Parking areas shall be subject to front yard set-back - requirements in accordance with the District in which such paxk- ing areas are loca�ed. '= � ( 5) Floor Area - The term "floor area" for the purx�ose of caZculating 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, except those areas used for dead storage, building maintenance, office of building management, toilets or rest roor.ms, window show cases, dressing rooms., er.:oloyees' cafe, conference roor.�s, or for building utilities. :_:: ... - ( 6) Benches in Places of Public Assembly - In stadiums, sport arena, churches, and other places of assembly in which patrons or spec- tators occupy benches, pews, or other similar seating facilities, each twenty-two (22) inches of such seating facilities shall be counted as one (1) seat for the purpose af 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 use�l 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 facilities shall not thereby be diminished. . . (10) Buildings or structures for which a building permit has been issued prior to the effective date of this Ordinance but for which work has not been completed shall be exempt from the hereinafter stated garking requirements if the structure or building is completed within six (6) months after the effective date of this Ordinance. 269.43 DESIGN AND r'IAINTENANCE OF OFF-STREET PARKING AREAS ( 1) Drainage - Driveways shall not exceed a grade of 4� and all parking lots except those for less than four (4) vehicl�ovedabl thegCityd according to a drainage plan which has been app Y Engineer. Catch basins, sur.ips and underground storm sewers may be required and all such lots and driveways shall be surfaced with a material to control dust and cYainage. . , :. . . y . ., '` 34 . _ , . . _ - _ �___.__ _ ,._. , _ _ _ - . _ __ . _ . _ __ _,. ' ; � . _; : � . , ,.: - i : ; : � � ( 2) Liqhting - Any lighting used to illuminate an off-street parking - area shall be shaded or diffused so as to reflect the light away from the adjoining property and away from abutting traffic. ; ( 3) P,11 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 loca�ed adjacent to any "R" District, there shall be constructed and maintained a wall of suitable material `' of not less than three and one-half (3�) 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)vehicles shal.l have the stalls clearly marked on the surface. - E 6) All required yards shall be landscaped according to a plan submi.tted � and approved by the City. - . _ � .. . ,. ._. - � . t � . _ _ , � - e I 7� j . t�'.�..,�... �f �` � w ,+ � ' : f � . . . ` � . . � � � � � ' • ' 1 �� X ,�` ClJZ� � � . • e ' � •.. A • j/ . � : , . . • . t ��•. . .� '� � _ . _ . • . � . . . � F��P.�`: � �� � ttt�� ' � � ' • ' . '�� , . ,. , . 2J�I;�C� , ¢ . � � - - -- � - .. . . ` - � � � � ` . ` � �'� '� �'C�D-(-E---� : . . • � I , . . _ . - � -fr � :. � � '-c'� . �.--�' G `�- t-'F--=�t�'-�-'� x-ST.A.l..L I�flT ACCESSlBLE {y C�F2TA1N i.�7CU�F'S _ PARICI;lG 1,'-•.YOU7 U11,IctdStO:•:S fia fa�.) FO"rt ,,•.- ��ti C; �• � 'A7 VARtCJS A�1G�ES £ On , : Dir»rt;iort D"e3�ram 45a E�> • �.�i� g�y' 5w�!wEd:A,para!�et to aist� A t?..7 10.4 9.3 9A � � Ststi lang;n uf I;n> B ' 2aA 22.0 20.0 I3.5 { $tatf c!o¢th to v��i1 C I7.5 l9A T9.5 S3.S i Aisla 4iidch brr.wtya s;a;i lir,� Q 12.0 56.0 23.G : 20.0 ! Sta1!dapth,in:_rla,rc E 1�.3 1�.5 ' •13.3 i85 ' 1.toaut:,�•:�Sl:o�nr�rlcc� F �.f1. 52.5 6T.3 &3.0 f:o:tul�,intanoc'cEn� G 42.0' 51,0 S F.0 63.0 , ld:dut�,intz;Icc;:t�curb Psce hl n2.a 50.2 55 u 60.5 F.um.;.er o•tar:���i;I'1'P�c�l) { 2.0 2.3 2.5 2.5 ,�yt",� p¢'�C� d 6.3 2.7 0.� O.Q - � � � .��dt T;�fi:�.t`��� :.�:i�JJCR i.�i;��m.�w � � . ..}: �0 ti.:4-�>.0 •�J.tl J.0 t � . Cross a%,''.o,a•tivay L 1..0 1:.0 7:.0 1:.0 ' Cross a�s1�,h:,4•e•r:�y !.. 2�1.0 2•f.0 24.0 24.0 j ;w..S Y�• 5:1'��c� � R�;��! bls�g. s�f"b�.cl�- i..c«.ct. Q:�(, � �: � . . ... . . . . , _ . .6� �a.•r; r,)��': � . . ., . ' . �. .. . _� .. . . � � . . . . � . . � ..� �� ���ql•^ � ;lt. � . ,.sj�^ . ��i . .d � . �. � . � . � . � �J. �,_. . .o � _ .. � . .. i . � -;��i _ _ _.__. .. _ _ __ _._ . . . - . ' i ; � .. .. � ' . �� .. . : � : . , . . . �� . , . � � . �"! � � � i .. � . .. . . . . . . � . . . ' � � ' � .� 269.44 REQUIRED OFF-STREET PARKING - the following minimum areas shall : be provided and maintained by ownership, easement, or lease, for and during the life of the respective uses hereinafter set forth. ` ( 1) Single Family Dwellings - At least one (1) parking space for each dwelling unit of 1200 square feet or less and two (21 parking spaces for each dwelling unit over 1200 square feet, plus one (1) additional parking space for each two (2) roqmers 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) Two Family Uwelling - At least two (2) parking spaces per dwelling unit. _ ( 3) Boarding and Room.ing Houses - At least two (2) parking spaces for : each three (3) persons for which accommodations are provided far " sleeping. - ( 4� 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-S" Districts � � 5) Home for the Elderly - one-half (�) space per dwelling faeility based on desian capacity. . _ ( 6) Hotel or Apartment Hotel - At least one (1) parking space for each rental unit provided in the design of the building. ( 7) Mo��:t. Tcorist Home-, Mator Hotel - At least one (Z) space for each _ dwelling unit or lodginq room. Plus one (1) additional space for each eight units. � 8) 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 lOQ student capacity. ( 9) School, High School through College - At least one (1) parking space for each seven ('1) students based on design capacity, plus one (1) additional space for each two (2) classrooms. _.-- - -- -... . (7.0) Church, Clubs - At least one (1) paxking space for each three and one- half (3�) seats based on the design capacity of the main assembly hall. (11) Theatre, Ballfield, Stadium - At least one (1) parking space for each five (5) seats of design capacity. (1Z) Hospital - At least one and one-half (l�? parking. spaces for each _ patient bed. (13) Sanitarium, Convalescent Home, Rest Home, Nursing Home or Institution - At le.ast one (1) parking space for each six (6) beds for which accommo- dations are offered, plus one (1) additional parking space for each fifte� � (15) beds. _ (14) 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. (15) Quick-order Food Business - At least one (1) parking space for each fifteen (15) square feet of floor area. : ; (16) Drive-in Business - Five (5) parking spaces for the first service window plus two (2) for each additional service window. (Z7) Bowling Alley - At� Zeast five (5) parking spaces for each alley, plus additional spaces as may be required herein for related uses such as a restaurant. (18) Motor Fuel Station - At least four (4) off-street parking spaces plus two (2) off-street parking spaces for each service stall. - (19) Retail Store or Service Shop - At least one (1) off-street parking space for each two hundred (200) square feet of floor area. (20) Restaurants, Cafes, Bars, Taverns, Night Clubs - At least one (1) :space _ . - - : _ 36 _._...,.._._. _ .. _.__ . . . _�.__�. .___._ ... _ _ _______..,_.___. .� _ . .... . ,. __.. � _ _.__:_______ . � 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 fe�t of gross floor area. . .(21) Banks, Offices and/or Public Office Buildings - At least ane (1) parking space for each two hundred and fifty (250} square feet of gross floor area. (22) 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. (23) Furniture 5tore, Appliance Store, Wholesale and Warehousing 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. (24) Open Sales Lots, Lumber �tards, �uto Sales, Auto Leasing - One (1) parkinc� _ space for each two thousand (2000} square feet of land up to the £irst eight thousand f8000) square 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 fee� _ thereafter. , (25) 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 flaor area over the first 1,000 square feet. (26) 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. � (27) Manufacturing, Fabricating or Processing of a Product or Material - r^our . (4) off-street parking sgaees plus one (1) for each tnree hundred (300) - -- .- square feet of floor area. (28) Warehouse, Storage, Handling of Bulk Goods in Structures over 6000 square feet - At Zeast one (1) space for each two thousand (2000) square feet a� _ gross floor area. . . = - --- -- . _ , _ . � 269.45 OFF-STREET LOADING AND UNLOADING AREAS ' " ( 1) Location - AlI required front yard or parking areas shall be otf-street and shall be located on the same lot as the building or use to be served_ A loading berth shall not be located less than 25 feet from the inter- section 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. ( 2) Size - Unless otherwise specified in this Ordinance, a required loading berth shall be not less than ten (10) feet in width, twenty-five (25) feet in length and fourteen (14) feet in heiqht, exclusive of aisle and maneuvering space. - ( 3) Access - Each required loading berth sha1Z be located with appropriate means of vehicular access to a street or public alley in a manner which will least interfere with traffic. ( 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 Ordinance shall not be used for the storage of goods, inoperable vehicies or be included as a part of the space requirements necessary to meet the off-street parking area. � .. . , . � 37 . . . . . .,,, . . . . . ;.. ._ . .. .-1� ... .._..... . � . ; � . .� � . � . .. . . � . .. . . � � � _ . .... .. , ;.'.... , � .. , .:..'.. .�,;�... .; .,.:.. ... .. �,.... . . . . , ;: . - . . . ... .. . . . , . . , . • ,�.� . . �.. . _; :' .. � � ..r: , r• `�.� �;.�..i:.�.:-. ., -�,, � , 269.46 REQUIRED LOADING BERTHS • ( 1) Non-Residential Uses Having 5000 Square Feet of Floor Space 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 thereof above one-fourth (�a) , one (1) additional loading bezth. ( 2} Retail Sales, Office, Public Administration Buildings, Hospitals, _ ' Schools, Hotels, and Simila� Uses - For such a building having five thou- sand C5000) to ten thousand (10,000) square feet of floor area, one (1) off-street loading berth. _ ( 3) Manufacturing, Fabrication, Warehousing, Storing, Servicing, 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 feet (50) in length for each 50,000 additional square feet glus one loading berth twenty-five :(25) feet in length for each one hundred thousand (100,000) square feet. 269.47 PERE`ORMANCE STANDARDS ( 1) Purpose - The guiding of urban develo�ment so as to develop" a compati.ble relationship of uses depends upon certain standards being maintained. Uses permitted in the various districts, conditional and accessory uses shall conform to the following standards. � - - ( 2) Noise - Any use established shall be so operated that no noise resulting from said use is perceptible beyond the boundaries of that plat Zine of - -���� the site on which such use is located. This standard shall not apply to � , incidental traffic parking, loading, construction or maintenance operati:;. ( 3) Smoke and Particulate Matter - Any use established, enlarged or remodele� 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 af the public. - Eor purpose of grading the density of smoke the Ringeimann Chart published and used by the United States Bureau of Mines shall be employe�- The emission of smoke shall not be of a density greater than No. 2 on the Ringelmann Chart. ` � ( 4) 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 s._ according to a plan approved by the City ( 5) Odors - Any use established, enlarged, or remodeled shall be so operatect as to prevent the emission of odorous matter of such quantity as to be readily detectable at any point beyond the lot line of the site on whicr � such �se is located. ( 6) Vibration - Any use creating periodic earth-shaking vibrations, such as may be created from a drop forge sha1Z 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 construFtion. ( 7) Glare or Heat - Any use requirinq an operation producing an intense heat or direct light transmission shall be performed 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. ( 8) Explosives - Any use requiring the storage, utilization, or manufacturir�; of products which could decompose by detonation shall be located not les_; than four hundred (400) feet from the "R" District line. , '., . .>. 3g n .. � . . . . . . � � . . . . � � . : . . . . . ,. � . . . � � . . ' ' . . ( 9) Screening - Any use abutting an "R" ���-+��rict or a public street shall effectively screen any open storagE� r���«< eye level vision by providing and maintaining a wall, fence or tt�I � � Y (30) foot wide planting strip to screen and reduce the noise, @u<�� ����`� vision between the two uses. Such wall or fence shall be six (6) r�+�-'� in height and at least fifty (50) percent closed. from or used in Industrial or (10) Waste Material - Waste material re���� � �'tg � Cammercial manufacturing, fabricati���i. -��rviceing, processing or trimming shall not be washed into the public :{����m sewer system nor the sanitary sewer system, but shall be disposed ���� �n a manner approved by the City Engineer. The Engineer may establi:��� �►'Propriate regi:Iations and stanc3- ' ards therefor. (11) Gas pumps installed for the use of :� ����=�iness or private owner shall be located not less than twenty (20) f�+���' Erom a building, shall be mounted on a 6'r raised conerete platform ex� �+�����ng at least 2 feet beyond the pump and installed according to a s«t�u��rted and City apgroved drainage :plan. - 269.48 ADDITIONAL REQUIREMENTS, EXCEPTION �M► rtODIF2CATIONS _ � The requirements and standards sper.lti���l heretofore in this Ordinance " shall be subject to the followinq: ` ' ( 1) Height Limitations - Height limi.ta t-I.�E►:� as set forth in "R-1" "R-2" - and "R-3" Districts el.sewhere in t����� '��-dinance may be increased without � Special Permit by fifty percent (Sc�'ti) W��en applied to the following: a. Antenna - Radio and TV - b. Belfries : : ; -. -: . ___._,- � � C. Church spires and steeples � - d. Cooling towers e. Elevato� penthouse � f. Flag poles . - g. Smoke stacks - h. Water towers_ (private) - Heights in excess thereof for such �����I��►ses may be permitted only by a con8itional use permit granted bY <<'��'►lution of the Council deter- mining that such structure would n��� ��`' ��angerous and would not ad- versely affeet the adjoing or adja���•��� t�roperty. ( 2) Front Yard Variance - In any "R" Di�+� � i�.t, wherever a platted block or otherwise subdivided area has dw��� � �r►gs located on fifty (50) percent or more of the parcels ].oc•.�� �_�� �►etween two (2) streets, the front yard set-back line may be re�����'"'� below the minimum which would be therein required, but shall in r��� �'����e be less than either the average front setback lines already �"i� •;�lished by the dwellings located in such block or area or f� C� �'�''� (15) feet whichever is greater. , ( 3) Frontage - No residence shall here����i •'�' be erected upon any parcel unless such parcel abuts upon a str�-��� t:or at least twenty (20) feet unless located within an approved ��.��•��- or C.U.P. (4) Rezoning - Rezoning for any indivi�►��:�� t�usiness or industry shall not be permitted unless it is an exter��=+���� ��E an existing business or industrial distric�t., or is design.�� ���� � '' be a part of a business or industrial area as designated on t���� ������kins Comprehensive Plan. ( 5) Uses Not Provided for Within Zonin�i ��+���=ricts - Whenever in any district a use is neither specifically permiii �-�� nor denied, the City Council, - the Zoning and Planning Commission, ��� � property owner may request a � . � ' `, . 39 y . . study by the Commission to determine whether the particular use is compatible with the Hopkins Comprehensive Plan, what zoning district would be most appropriate and the determination as to conditions and standards relating to the use. The Council may upon receipt of the study ini,tiate an amendment to the zoning ordinance to provide for - . the particular use under consideration or find that the use is not compatible. ,_ { 6) Farming Operations - All farms currently in existence will be permitted to continue operation subject to the following conditians: a. Agriculture, excepting commercial animal farms, fur farms, kenne2s and poultry farms, but including truck gardening and othez horticultural uses, is a permitted use in the district in which an existing operation is located. . _ b. Sale of products produced may be conducted on the premises from a roadside stand. Such stand may be located within the front yard during harvest season only. , ( 7) Request for a Variance, Conditional Use Permit or Amendment Limits - A request for a variance, Conditional Use Permit, or amendment which has been acted upon may not be requested again until a period of six (6) months has passed unless the applicant can show to the satisfaction of the Commi.ssion that the con@itions which were present when the earlier request was filed have changed or that the request is substantially : different. ( 8) Lots Not Served by Public Sewer and Water - In any District, where either • : public water supply or public sanitary sewer is not accessible, the otherwise specified 1ot area per dwelling and width requirements shall ------- ' be a minimum of fifteen thousand (15,000) square feet of 1ot area and one hundred (100) feet of lot width. ( 9) Within the "R-4" and "R-5" districts provided the site is three hundred (300) feet or mare from an "R-1" district a height of 11 stores or ' lI0 feet may be authorized under the Conditional Use Perma.t provisions. : 269.49 COMMUNITY UNIT PLAN The purpose of this section of the Zoning Ordinance is to provide a method where flexibility of site design and architecture may be applied : by placing more than one buzZding on a lot in residential, commercial, or industrial districts according to the following provisions. ( 1) The purpose of this section of the Zoning Ordinance is to establish provisions for the granting of a Conditional Use Permit to erect a multi-building development relative to those uses which are permitted in the use district in which the land is located. The request for such development shall include an overal design for an intergrated physical plan in accordance with the following provisions and as provided in this Ordinance under Conditional Use Permit. ( 2) .Application - Residential - The owner or owners of any tract or combinat=. of abutting tracts of land within the "R-2", "R-3", "R-4" or "R-5" Use District may stibmit� to the City a request for Conditional Use Permit ar.c a plan for the development and use of such tract or tracts of land as a Community Unit Plan. The Plan for the development shall conform to the requirements of tYle Use district within which it a.s located except as herein amended. a. The tract of land for which a development is proposed and a permit requested shall contain not less than one (1) acre. b. The tract of land for which a development is proposed and a permit requested shall not have less than seventy-five (75) feet of frontage : on a public street. c. The proposed development shall be served by the city water and sewer , �, 40 . _. _. .._____ ._____.. __ __ . _ . __. . � � � system, and fire hydrants shall be installed according to a pl.an j approved by the Fire Chief. " ' d. No principal building shall be nearer than its height to the � rear or side property line when such line abuts an "R-1" District. j e. No building within the development shall be nearer to another building than one-half (�) the sur.t of the heights of the two (2) � buildings. � f. Private roadways within the development shall have an improved ; surface of 24 feet with prohibited parking, 27 feet with parkinq on one side permitted and 32 feet or more with parking permi.tted on , ? i both sides. • � � g. No building shall be less than 15 feet from a private roadway. h. Parking ratio including private roadway parking sha21 be 3:l or more. i. Any first floor windows shall view a space at least 5 feet in width �- which is under the control of the occupant in Residential District. ' ( 3) Application - Business - The owner or owners af any tract or combin- ation of abutting tracts of land within the "B" Districts may submit to the Council for approval a plan for the development and use of such a trac� of land for a Community Unit Plan for commercial or other uses permitted in the District wi.thin which the land is located, by making an applicatian for a Conditional Use Permit authorizing completion of the development in accardance with the plan. The glan for the develop- ment shall conform to the requirements of the use di.strict within which - it is located except as herein amended: ' a. The tract of land for which a develapment is prepared and a permit . requested shall not have less than two (2) acres. b. The t�ract shall have not less than two hundred (200) feet of frontage on a public street. c. The development shall be served by the city sewer and water system and fire hydrants shall be installed according to a plan appzoved by the �'ire Chief as to type and location. d. The surface drainage system shall be constructed according to a plan approved by the City Engineer. - e. The entire site other than that taken up by structures or landscaping _.;_ ____ � _,. shall be surfaced with concrete or blacktop. f. Provisions shall be designated for off-street loading to se�vice the businesses and such space shall have easy access and not be designated fo any other use. g. Private roadways within the project shall have an improved surface of _ twenty-four (24) feet or mare in width and shall be so designed and con- structed as to permit the city fire trucks to provide protection to each buil@ing. Parking on a 24 foot roadway is to be prohibited; parking shal_ be permitted on one side of thirty (30) foot roadway. ( 4) Application - Industrial District - The owner or owners o� any tract of land within an "I" District may submi.t to the Gouncil for approval a plan for the development and use of such a tract of land for a Community Unit Plan for commercial or other uses permitted in the District within which the land is located by making an application for a Conditional Us� Permit authorizing completion of the development in accordance with the plan. The plan for the development shall conform to the requirements of � � the 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 noat be less than five (5) acres. - b. The tract shall be served by the city water and sewer system and fire hydrants shall be installed according to a plan approved by the Fire � Chief as to type and location. : c. A surface drainage system sha1Z be constructed according to a plan , ' approved by the City Engineer. d. The off-street parking spaces shall be painted on the surfaced area according to a plan which has received approval of the Council. e. Private roadways within the project shall have an improved surface. . d shall be so designed feet or more in width an rovide p�'o- four t2�� fire trucks to p is �o be , of twenty- eY�,t the CitY 24 £oot roadwaY �d constructed as tO P parking �n a side of a thirty (30) tection to each buildinq• tted on one arking shall be Pe� prohibited, P . foot roadway• ; . � rovide IT DEVEL�PMEN� of the Zoning Ordinance iS �O�usual 269.50 PL�N�D � sectio� ��g�� District having � 1) The purP�se °f this s�� a in the e�,evation of a method by which parcels °f �� Soil conditions, a�cel �+aY building characteristics due to s�' ar shape of the p water area, relative location water t�fficientlY Utilized. �e ng" Distri�'� m�ment� tract of 7.an� in d develop be more e I� for the use an The ownex' or owners of anYroval� a P �ing an aPPlication the Council for apP Unit bY ro ect �.� to a Planned the p 7 of such a tract of land as completion of S�all con- authorizin� ro osed project for a Special Use Pe��tTh� pl� fQr the p P which the la�a is �ccording to the P1�• he Use District within ; forn► to �he requirement o� � modi�ied. sed and a Pe�t located except as hereinafter xo ect is PxO�.'O tract of land for which � P � 3 acres. . a. The be �eSS than three t ) inion are the xecisely what in his oP requested shall nat ur oses of justifying the b, The aPP�-icant shall state p the site for p P ur►usual. characcondi�ionalf use per�'t• form o� a preliminarY Plat grantin9 �f a mitted in the lations �, The plan shal.l b� S�' with the subdivision rec� •n comple�e cQnformanGe sed for the entixe site r vision �d �' dwelling units pr�p° density control p ' g, The number °f ennitted under $ is located. �or the no�, exceed the total Wi�'in WhiGh th� lan eS� than the minimum __ � - for the Use District lan sha11 not be 1 Within the Use area in the P 1 lot as required ning : e. The lot on any one ( � two-thirds (2 f3� by assig area and �he density reduced more than District sha11 not be e dwel-ling �i�s' single _ _ - - �-- additional the pla� shall have inea w t in a � � - ' s h o w n o n to b e p e�-t t f. Each lot as �its n�er of dwelling and on whicr maxi.mum unbuildable pro- building• to be set aside as the plan. g, That land Which iS be �learly indicatea °n ce o£ that �e plan is justitied shall for continual ma�e req ired. for recreational are��a�Y the Ci.tY shal.l visions d acceP �g planning Commission is area not dedicated an � A Zoning �S is ZN� COMMIS�xON a�ninistrative authorisix (6� ZONING AND �L� with such �o� �4) or 269•51' established and vesission shall consist of kins for one Year hereby The Co�► the City of HoP Manaqti herein provided. xesident o£ �d also the CitY persons who have been a or her ap�ointment, me�er of �,he City the date of his ers and one �nqineer shall ' or tnore on eX-officio memb Manager and CitY and C1ty Enqineer a5 t the City ission- ' Each member excep be�ore the Comm ssion Council. on al� matters nyng and Planning CO� . �e �ight to vote ers of the � ered year and the othez the citizen memb odd n� each even numbered One-half of d* on JuIY ls� of each lst af shall be shall be apP�inte a ointed on suly one-half o� the members pi�ted one-half thereof shal�he yea J-9�5' ers shall. be aPP t that in the me� Shall be for a year excePfor one year and ane-half of cil member _ appointed of th� �Ou" eligible for a con- ear term• The term e�er may be for a two Y d such Council m ~ term of one year an such com- � ointment. ensatlon other th er£ormed fo �� secutive reapp Se�ices p - _.__ r„m,,,i.ssion shall serve withoAiveOfor oth�� v ' .,, _ ' the City. The appointments shall be made by the Mayor with the approval of the Council and any member of said Commission 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 shal.l act as legal counsel for the Commission. , 269.52 OFFICIAL ZONING MAP - That the zoning map which is designated as the "Hopkins Official 2oning Map" and which is on file with this Ordinance � in the office of the City Glerk and any true and correct copy thereof certified as such from time to time by the City Clerk is hereby adopted and declared to be and constitute the official zoninq map of the City and replaces any and all previously adopted or designated zoning maps of the City. _ - 269.53 FEES - Fees ta be charged by the City under or pursuant to this Ordinanc� shall be as established by proper Fee Ordinances or Resolutions passed by the City Council from time to time. 269.54 VIOLATIONS AND PENALTY - Any person who violates or refuses ta comply - with any of the provisions of this ordinance shall upon conviction _ thereof be subject to a fine of not less than Five Dollars ($5.00) nor mare than One Hundred Dollars ($100) for every offense or to imprisonment not exceeding ninety (90) days. Each day that a violation is permitted to exist shall constitute a separate offense. 269.55. ORDINANCES REPEALED - That Hopkins Zoning Ordinances and amendments --�'� - thereto bearing ordinance numbers 131,135, 2Q7, 138, 139, 142, 144, ' 1?4, 187, 190, 201, 208, 210, 215, 217, 224, 226, 229, 230, 231, 234, . . 236, 240, 247, 259 and 256 any any other ordinances or parts thereof whic conflict with any provision or provisions of this ordinance or with the official zoning map hereinabove adopted as hereby repealed. �i _ _ _ , . 43