AgendaAdmin Support Team Meeting
AGENDA
Friday, September 8, 2017
10 -11:30 am
Raspberry Room
\\lisa\Lisa Share\Administration\Admin Support Team\Meetings\2017-09\9.8.2017 Agenda.docx
Values Statement:
The Administrative Support Team is a valued group of engaged employees who works together
to make a difference and provide above and beyond customer service. We do this by:
• Teamwork, approaching our work together and achieving together.
• Using open communication and honest feedback.
• Taking ownership and being accountable for our actions and work product.
• Cross training and being open to change.
Committee Members:
□ Abby Myers
□ Alejandra Sanchez
□ Amy Domeier
□ Ari Lenz
□ Christopher Kearney
□ Kersten Elverum
□ Mary Lein
□ Nick Bishop
□ Shannon Smith
□ Vicky Granite
AGENDA:
I. Overview from ResourceWest – Tarrah Palm (15-20 min)
II. Values Check-in (10 min)
III. Information sharing (around the room) (10 min)
IV. Updates: (15 min)
V. Training, Cross Training and Process Improvements? (10 min)
VI. Other items and future meeting agenda? (5 min)
VII. Next meeting date– 9/8 at 10am (tentative date)
Memorandum
To: Honorable Mayor and Members of the City Council
Copy: Mike Mornson, City Manager
From: Steven J. Stadler, Public Works Director
Date: September 7, 2017
Subject: Hopkins Pavilion Project Update
Overview
Since the early June approval of the Pavilion project design services agreement with
Stevens Engineers, staff and the Stevens design team have been busy reviewing
options for the facilities expansion and performing the engineering for the ice system
replacement. The goals being to provide functional, maintainable and attractive
improvements, within our defined scope and project budget, for not only the hockey
players, coaches and spectators but also Central Park users. Also, we are hoping to
somewhat transform the appearance of the upgraded facility from an ice arena look to
more of a multi-functional, park-oriented community facility look.
The architect is putting together the final updates to the proposed floorplan and exterior
images and we’ll have a slide show ready for the work session presentation, questions
and discussion.
Project Schedule
April 2017: determine project scope
May 2017: City Council approve design services agreement
June – September 2017: Ice system design underway
June – November 2017: Building systems/architectural design underway
November 2017: Open bids/award contract – ice system
December 2017/January 2018: Open bids/award contract building system/architectural
Late February 2018 – September 1, 2018: Construction
Project Funding
We have received the HYHA $1 million contribution to the project. We are anticipating
the Hopkins Public Schools contribution upon award of the ice systems contract.
Public Works Department
MEMO
To: Honorable Mayor and City Council
From: Jason Lindahl, AICP
Date: September 12, 2017
Subject: Pawnshops, Currency Exchanges
Proposed Action: Staff requests the City Council review the attached draft zoning standards for
pawnshops, currency exchanges, payday loan agencies and coin dealers and provide feedback.
Overview
In January 2017, the City Council approved a one-year moratorium on pawnshops, currency
exchanges and coin dealers to give City staff sufficient time to study these uses and evaluate various
options for regulation. This moratorium was put in place in part because Metro Transit plans to
extend the Metro Green Line though Hopkins and, as part of this project, will acquire the City’s
only pawnshop. This will likely facilitate this business relocating to another site within the
community. As a result, the City believes this is the appropriate time to review the development
regulations for these businesses.
During their regular May and June meetings, the Commission reviewed the zoning and licensing
standards for pawnshops, currency exchanges and coin dealers for Hopkins, selected metropolitan
communities and the State of Minnesota. During that discussion, staff reviewed each of these
regulations and asked the Commission for comments on appropriate zoning districts, classification
(permitted vs. conditional use), and standards (separation, number per population, storefront
appearance, etc.). Draft zoning regulations reflecting these comments are attached for further
discussion and comment and would make the following changes:
• Change pawnshops from a permitted use in the B-2 and B-3 districts to a conditional use in
the B-3 and B-4 districts.
• Change currency exchanges from a conditional use in the B-2 district to a conditional use in
the B-3 and B-4 districts.
• Change coin dealers from a permitted use in the B-1 and B-2 districts to a conditional use in
the B-3 and B-4 districts.
• Add payday loan agencies as a conditional use in the B-3 and B-4 districts.
During the City Council meeting, staff will present the recommended zoning changes from the
Planning & Zoning Commission and take comments from the City Council.
Supporting Documents
• Draft Revised Zoning Standards for Pawnshops, Currency Exchanges and Coin Dealers
• Hopkins City Code Section 1180 - Pawnshops
Draft Zoning Standards for Pawn Shops, Payday Loan Agencies or Coin Dealers
Purpose: The purpose of this Ordinance is to address issues relating to the appropriate locations of
pawnshops, payday loan agencies and coin dealers in the City in order to protect and enhance
residential areas and commercial areas located adjacent to residences. The City has determined that
a reasonable approach is to both separate pawnshops, payday loan agencies, and coin dealers from
residential and institutional areas and to avoid the concentration of these uses. This Ordinance will
allow pawnshops, payday loan agencies and coin dealers in larger commercial areas located along
higher capacity roads and away from residential and institutional uses or districts.
Development Standards: Pawn shops, Payday Loan Agencies or Coin Dealers shall be a
conditional use in the B-3, General Business or B-4, Neighborhood Business districts, subject to the
following:
1. The use shall be located at least one thousand (1,000) feet from another pawnshop, payday loan
agency, or coin dealer.
2. The use shall be located at least two hundred (200) feet from any residential or institutional use
or district.
3. The use shall be located at least three hundred fifty (350) feet from an off-sale liquor
establishment.
4. The subject property shall abut a Principal Arterial, Minor Reliever or Major Collector road as
identified in the Comprehensive Plan.
5. The use shall take place completely within an enclosed building. Outdoor storage, display or
sales are prohibited.
6. Back-lighted signs, back-lighted awnings, portable signs, temporary signs and freestanding signs
shall be prohibited.
7. Windows must be of clear, transparent glass and be free of obstruction for at least three feet into
the store. Products may be displayed in the window provided the display, including signage,
does not occupy more than 30 percent of the window area.
8. The use of bars, chains or similar security devices that are visible from a public street or
sidewalks shall be prohibited.
9. Conformance of all applicable licensing requirements from the City of Hopkins and the State of
Minnesota. In any instance where the zoning regulations and the applicable licensing
requirements conflict, the more restrictive shall apply.
Development Standards: Currency exchanges shall be a conditional use in the B-3, General
Business or B-4, Neighborhood Business districts, subject to the following:
1. The subject property shall abut a Principal Arterial, Minor Reliever or Major Collector road as
identified in the Comprehensive Plan.
2. The use shall take place completely within an enclosed building. Outdoor storage, display or
sales are prohibited.
3. Back-lighted signs, back-lighted awnings, portable signs, temporary signs and freestanding signs
shall be prohibited.
4. Windows must be of clear, transparent glass and be free of obstruction for at least three feet into
the store. Products may be displayed in the window provided the display, including signage,
does not occupy more than 30 percent of the window area.
5. The use of bars, chains or similar security devices that are visible from a public street or
sidewalks shall be prohibited.
6. Conformance of all applicable licensing requirements from the State of Minnesota. In any
instance where the zoning regulations and the applicable licensing requirements conflict, the
more restrictive shall apply.
Hopkins City Code (Rev. 12/11) 1180.01
Section 1180 - Pawnshops
1180.01 Definitions: Subdivision 1. The following terms when used in this section shall have the
following meanings unless the context clearly indicates otherwise:
Subd. 1. Issuing Authority: The City of Hopkins
Subd. 2. Pawnbroker: Any natural person, partnership or corporation, either as principal, or agent
or employee thereof, who loans money on deposit or pledge of personal property, or other valuable thing,
or who deals in the purchasing of personal property, or other valuable thing on condition of selling the
same back again at a stipulated price, or who loans money secured by chattel mortgage on personal
property, taking possession of the property or any part thereof so mortgaged. To the extent that a
pawnbroker’s business includes buying personal property previously used, rented or leased, or selling it on
consignment, the provisions of this section shall be applicable.
Subd. 3. Pawnshop: Any business establishment used or operated by a pawnbroker.
Subd. 4. Reportable Transaction: Every transaction conducted by a pawnbroker in which
merchandise is received through a pawn, purchase, consignment or trade, or in which a pawn is renewed,
extended or redeemed, or for which a unique transaction number or identifier is generated by the point-of-
sale software, is reportable except:
a) The bulk purchase or consignment of new or used merchandise from a merchant, manufacturer
or wholesaler having an established permanent place of business, and the retail sale of said
merchandise provided the pawnbroker must maintain a record of such purchase or consignment
which describes each item, and must mark each item in a manner which relates it to that
transaction record.
b) Retail and wholesale sales of merchandise originally received by pawn or purchase and for
which all applicable hold and/or redemption periods have expired.
Subd. 5. Billable Transaction: Every reportable transaction conducted by a pawnbroker except
renewals, redemptions or extensions of existing pawns on items previously reported and continuously in the
licensee’s possession is a billable transaction.
Subd. 6. Chief of Police or Police Officer: City of Hopkins Police Chief, police officer or
designee.
Subd. 7. Minor: Any natural person under the age of eighteen (18) years.
Subd. 8. Licensee: The person to whom a license is issued under this Section including any agents
or employees of the person.
1180.02 Location. No license will be issued to a location that is located less than 1000 feet from any adult
business as regulated by section 1165 of this City Code, nor shall any license be issued to a location that is
less than 350 feet from any off-sale liquor business. (Added by Ord. 2003-899)
Section 1180 1
Hopkins City Code (Rev. 03/02) 1180.03
1180.03 License Required. Subdivision 1. No person shall exercise, carry on, or be engaged in the trade
or business of pawnbroker within the City unless such person is currently licensed under this Section.
Subd. 2. Application Content. Every application for a license under this Section shall be made on
a form supplied by the City of Hopkins and be filed with the City Clerk. The application shall state whether
the applicant is a natural person, corporation, partnership or other form of organization.
1) If the applicant is a natural person:
a) The name, place and date of birth, street resident address and phone number of the
applicant.
b) Whether the applicant is a citizen of the United States or resident alien.
c) Whether the applicant has ever used or has been known by a name other than the
applicant’s name, and if so, the name or names used and information concerning dates
and places used.
d) The name of the business if it is to be conducted under a designation, name, or style
other than the name of the applicant and a certified copy of the certification as required
by Minnesota Statutes, Section 333.01.
e) The street addresses at which the applicant has lived during the preceding five (5) years.
f) The type, name and location of every business or occupation in which the applicant has
been engaged during the preceding five (5) years and the name(s) and address(es) of the
applicant’s employer(s) and partner(s), if any, for the preceding five (5) years.
g) Whether the applicant has ever been convicted of a felony, crime or violation of any
ordinance other than a traffic ordinance. If so, the applicant must furnish information as
to the time, place, and offense of all such convictions.
h) The physical description of the applicant
i) Applicant’s current personal financial statement.
j) If the applicant does not manage the business, the name of the manager(s) or other
person(s) in charge of the business and all information concerning each of them required
in a) through h) of this Subdivision.
2) If applicant is a partnership:
a) The name(s) and address(es) of all general and limited partners and all information
concerning each general partner required in Subdivision (1) of this section.
b) The name(s) of the managing partner(s) and the interest of each partner in the licensed
business.
c) A true copy of the partnership agreement shall be submitted with the application. If the
partnership is required to file a certificate as to a trade name pursuant to Minnesota
Statutes, Section 333.01, a certified copy of such certificate must be attached to the
application
d) If the applicant does not manage the business, the name of the manager(s) or other
person(s) in charge of the business and all information concerning each of them required
in a) through h) of Subdivision (1) of this section.
Section 1180 2
Hopkins City Code (Rev. 03/02) 1180.03, Subd. 2
3) If applicant is a corporation or other organization:
a) The name of the corporation or business form, and if incorporated, the state of
incorporation.
b) A true copy of the Certificate of Incorporation, Articles of Incorporation or Association
Agreement, and By-laws shall be attached to the application. If the applicant is a foreign
corporation, a Certificate of Authority as required in Minnesota Statutes, Section
303.06, shall be attached.
c) The name of the manager(s) or other person(s) in charge of the business and all
information concerning each manager, proprietor, or agent required in a) through h) of
Subdivision (1) of this section.
d) A list of all persons who control or own an interest in excess of five (5) percent in such
organization or business form or who are officers of the corporation or business form
and all information concerning said persons required in Subdivision (1) above.
4) For all applicants:
a) Whether the applicant holds a current pawnbroker license from any other governmental
unit.
b) Whether the applicant has previously been denied, or had revoked or suspended a
pawnbroker license from any other government unit.
c) The names, street resident addresses, and business addresses of three (3) character
references, who are of good moral character and who are not related to the applicant or
not holding any ownership in the premises or business.
d) The location of the business premises.
e) The legal description of the premises to be licensed, together with a plot plan of the area
for which the license is sought showing dimensions, location of buildings, and street
access parking facilities.
f) Such other information as the City Council or issuing authority may require.
Subd. 3. Application Execution. All applications for a license under this Section must be signed
and sworn to under oath of affirmation by the applicant. If the application is that of a natural person, it must
be signed and sworn to by such person; if that of a corporation, by an officer thereof; if that of a
partnership, by one of the general partners; and if that of an unincorporated association, by the manager or
managing officer thereof. If the applicant is a partnership, the application, license and bond shall be made
and issued in the name of all partners.
Any false statement on an application shall result in denial of the application.
Subd. 4. Application Investigation. At the time of making an initial or renewal application, the
applicant shall, in writing, authorize the Hopkins Police Department to investigate all facts set out in the
application and do a personal background and criminal record check on the applicant. The applicant shall
further authorize the Hopkins Police Department to release information received from such investigation to
the City Council. The applicant shall have an opportunity to review such information before it is released to
the City Council.
Section 1180 3
Hopkins City Code (Rev. 03/02) 1180.03, Subd. 5
Subd. 5. New Manager. When a licensee places a manager in charge of a business, or if the
named manager(s) in charge of a licensed business changes, the licensee must complete and submit the
appropriate application on forms provided by the City within fourteen (14) days. The application must
include all appropriate information required in Subdivision 3 of this Section.
1180.05 Vote Required. After such investigation, the City Council shall grant or refuse the applicant.
1180.07 Restrictions Regarding License Transfer. Subdivision 1. Each license under this Section shall be
issued to the applicant only and shall not be transferable, except as allowed in the following statements
regarding corporations, partnerships, or associations:
a) Licenses issued to corporations shall be valid only so long as there is no change in the officers
or ownership interest of the corporation unless such change is approved by the Council, in
which event said license shall continue in force until the end of the then current license year.
b) Licenses issued to partnerships or associations shall be valid only so long as there is no
change in the partnership or association agreement or in the ownership of said partnership or
association unless such change is approved by the Council, in which event said license shall
continue in force until the end of the then current license year.
c) Corporation, partnerships or associations shall submit written notice to the Clerk of any such
changes described herein on or before sixty (60) days prior to the effective date of any such
change and pay a fee required for an amendment to the license. In the case of a corporation,
the licensee shall submit written notice to the Clerk when a person not listed in the initial
application will be acquiring an interest and shall give all information about said person as is
required of a person pursuant to the provisions of this Section.
Subd. 2. Each license shall be issued only for the premises described in the application and shall
not be transferable to a different location. No licensee shall loan, sell, give, or assign a license to another
person.
1180.09. Expiration of License. All licenses shall expire as of midnight on July 30th of the year of
issuance.
1180.11. Renewal Application. Applications for renewal of an existing license shall be made to the City
Clerk at least ninety (90) days prior to the expiration date of the license and shall be made on such forms as
the City requires. The application shall state that the information in the prior application remains true and
correct, except as otherwise indicated. The City will mail application forms to existing licensees
approximately one hundred twenty (120) days prior to expiration of the licenses. If, in the judgment of the
Council, good and sufficient cause is shown by any applicant for failure to file for a renewal within the
time period provided, the Council may, if the other provisions of this Section are complied with, grant the
application.
Section 1180 4
Hopkins City Code (Rev. 03/02) 1180.13
1180.13 Persons Ineligible for a License. No license under this Section shall be issued if the applicant,
any general partner or managing partner of a partnership, or a manager, proprietor, or agent in charge of a
corporation or other organization:
a) Is a minor at the time the application is filed;
b) Has been convicted of any crime directly related to the occupation licensed as prescribed by
Minnesota Statute 364.03, Subd. 2, and has not shown competent evidence of sufficient
rehabilitation and present fitness to perform the duties of a pawnbroker as prescribed by
Minnesota Statutes 364.03, Subd.3.
c) Is not a citizen of the United States or a resident alien;
d) Holds an intoxicating liquor license under Chapter XII of this Code; or
e) In the judgment of the Council, is not the real party in interest or beneficial owner of the
business operated, or to be operated, under the license.
1180.15 Fees. Subdivision 1. The Hopkins City Council shall, by resolution, set the annual license fee,
investigation fee, billable transaction fee and fee for an amendment to the license for pawnshops.
Subd. 2. License Fee: The annual license fee shall be paid in full before the application for a
license is accepted. Upon rejection of any application for a license or upon withdrawal of an application
before approval of the issuance by the Council, only the license fee shall be refunded to the applicant
except where rejection is for a willful statement in the license application.
Subd. 3. Investigation Fee: An applicant for any license under this Section shall pay the City of
Hopkins at the time an original application is submitted, a nonrefundable fee to cover the costs involved in
verifying the license application and to cover the expense of any investigation needed to assure compliance
with this Section.
Subd. 4. Billable Transaction Fee: The billable transaction fee shall reflect the cost of processing
transactions and other related regulatory expenses as determined by the City Council. Billable transaction
fees shall be billed monthly and are due and payable within thirty (30) days. Failure to do so is a violation
of this Section.
Subd. 5. Renewal Fee: The annual license fee for renewal of a license shall be paid in full at the
time the renewal application is filed with the Clerk.
1180.17 Bond Required. At the time of filing an application for a license, the applicant shall file a bond in
the amount of five thousand dollars ($5,000) with the City Clerk. The bond, with a duly licensed surety
company as surety thereon, must be approved as to form by the City Attorney. Said bond must be
conditioned that the licensee shall observe the ordinances of the city, in relation to the business of
pawnbroker, and that the licensee will account for and deliver to any person legally entitled thereto any
articles which may have come into the possession of the licensee as pawnbroker or in lieu thereof such
licensee shall pay the person or persons the reasonable value thereof. This bond shall contain a provision
that no bond may be canceled except upon thirty (30) days written notice to the city.
Section 1180 5
Hopkins City Code (Rev. 03/02) 1180.19
1180.19. Records Required. At the time of any reportable transaction other than renewals, extensions or
redemptions, every licensee must immediately record in English the following information by using ink or
other indelible medium on forms or in a computerized record approved by the police department:
1) A complete and accurate description of each item including, but not limited to, any trademark,
identification number, serial number, model number, brand name, or other identifying mark
on such an item.
2) The purchase price, amount of money loaned upon, or pledged therefore.
3) The maturity date of the transaction and the amount due, including monthly and annual
interest rates and all pawn fees and charges.
4) Date, time and place the item of property was received by the licensee, and the unique alpha
and/or numeric transaction identifier that distinguishes it from all other transactions in the
licensee’s records. The identifiers shall be consecutively numbered and for the purpose of the
reporting requirements shall include any identifiers that may have been voided.
5) Full name, current residence address, current residence telephone number, date of birth and
accurate description of the person from whom the item of property was received, including:
sex, height, weight, race, color of eyes and color of hair.
6) The identification number and state of issue from any of the following forms of identification
of the seller:
a) Current valid Minnesota driver’s license.
b) Current valid Minnesota identification card.
c) Current valid photo identification issued by another state or province of Canada.
7) The signature of the person identified in the transaction.
8) Effective sixty (60) days from the date of notification by the police department of acceptable
video standards, the licensee must also take a color photograph or color video recording of:
a) Each customer involved in a billable transaction.
b) Every item pawned or sold that does not have a unique serial or identification number
permanently engraved or affixed.
c) If a photograph is taken, it must be at least two (2) inches in length by two (2) inches in
width and must be maintained in such a manner that the photograph can be readily
matched and correlated with all other records of the transaction so that they relate. Such
photographs must be available to the Chief of Police, or the Chiefs designee, upon
request. The major portion of the photograph must include an identifiable front facial
close-up of the person who pawned or sold the item. Items photographed must be
accurately depicted. The licensee must inform the person that he or she is being
photographed by displaying a sign of sufficient size in a conspicuous place in the
premises.
d) If a video photograph is taken, the video camera must zoom in on the person pawning or
selling the item so as to include an identifiable close-up of that person’s face. Items
photographed by video must be accurately depicted. Video photographs must be
electronically referenced by time and date so they can be readily matched and correlated
with all other records of the transaction to which they relate. The licensee must inform the
person that he or she is being videotaped orally and by displaying a sign of sufficient size
in a conspicuous place on the premises. Licensee must keep the exposed videotape for
three (3) months unless requested by the police department to keep the tape longer.
Section 1180 6
Hopkins City Code (Rev. 03/02) 1180.19
9) Digitized photographs. Effective sixty (60) days from the date of notification by the Police
department, licensees must fulfill the color photograph requirements in Subd. 14, #8 by
submitting them as digital images, in a format specified by the police department,
electronically cross-referenced to the reportable transaction they are associated with.
Notwithstanding the digital images may be captured from the required video recordings, this
provision does not alter or amend the requirements in #8.
10) Renewals, extensions and redemptions. For renewals, extensions and redemptions, the
licensee shall provide the original transaction identifier, the date of the current transaction,
and the type of transaction.
11) Inspection of Records. The records must at all reasonable times be open to inspection by the
Police Department. Data entries shall be retained for at least three (3) years from the date of
transaction. Entries of required digital images shall be retained a minimum of three (3)
months.
1180.21 Daily Reports to Police. Effective no later than sixty (60) days after the police department
provides licensees with computerized records standards, licensees must submit every reportable transaction
to the police department daily in the following manner:
1) Licensees must provide the police department all information required in Subd. 14 (1)
through (6) and other required information, by transferring it from their computer to an
automated pawn system via modem. All required records must be transmitted completely and
accurately after the close of business each day in accordance with standards and procedures
established by the City using procedures that address security concerns of the licensees and
the City. The licensee must display a sign of sufficient size, in a conspicuous place on the
premises, which informs all patrons that all transactions are reported to the Police Department
daily.
2) Billable transaction fees. Licensees will be charged for each billable transaction reported to
the Police Department.
3) If a licensee is unable to successfully transfer the required reports by modem, the licensee
must provide the Police Department printed copies of all reportable transactions along with
the videotape(s) for that date by 12:00 the next business day. If the problem is determined to
be the licensee’s system and is not corrected by the close of the first business day following
the failure, the licensee must provide the required reports as provided for herein, but may be
charged an additional fee as established by the City Council for each transaction submitted in
this manner after the close of the first business day following the day of failure. If the
problem is determined to be outside the licensee’s system, the licensee must continue to
provide the information as provided for herein and resubmit all such transactions via modem
when the error is corrected, but shall not be subject to any additional charge.
4) If a licensee is unable to capture, digitize or transmit the photographs required in this
subdivision, the licensee must immediately take all required photographs with a still camera,
develop the pictures, cross-reference the photographs to the correct transaction, and make the
pictures available to the Police Department upon request.
5) Regardless of the cause or origin of the technical problems that prevented the licensee from
uploading their transactions, upon correction of the problem, the licensee shall upload every
reportable transaction from every business day the problem had existed.
6) Notwithstanding any other provisions herein, the Police Chief, or the Chiefs designee, upon
presentation of extenuating circumstances, may extend the period before any additional
charges are imposed for the manual reporting of billable transactions.
Section 1180 7
Hopkins City Code (Rev. 12/11) 1180.23
1180.23 Receipt Required. Every licensee must provide a receipt to the party identified in every
reportable transaction and must maintain a duplicate of that receipt for three (3) years. The receipt must
include at least the following information:
1) The name, address and telephone number of the licensed business.
2) The date and time the item was received by the licensee.
3) Whether the item was pawned or sold, or the nature of the transaction.
4) An accurate description of each item received including, but not limited to, any trademark,
identification number, serial number model number, brand name, or other identifying mark on
such an item.
5) The signature or unique identifier of the licensee or employee that conducted the transaction.
6) The amount advanced or paid.
7) The monthly and annual interest rates, including all pawn fees and charges.
8) The last regular day of business by which the item must be redeemed by the pledger without
risk that the item will be sold, and the amount necessary to redeem the pawned item on that
date.
9) The full name, current residence address, current residence telephone number, and date of
birth of the pledger or seller.
10) The identification number and state of issue from any of the following forms of identification
of the seller:
a) Current valid Minnesota driver’s license.
b) Current valid Minnesota identification card.
c) Current valid photo identification card issued by another state or a province of Canada.
11) Description of the pledger or seller including height, weight, sex, race, color of eyes and color
of hair.
12) The signature of the pledger or seller.
13) All printed statements as required by State Statute 325J.04, Subdivision 2, or any other
applicable statutes.
1180.25 Redemption Period. Any person pledging, pawning, or depositing an item for security must have
sixty (60) days from the day of that transaction or any renewal or extension, to redeem the item before it
may be forfeited and sold. Licensees are prohibited from redeeming any item to anyone other than the
person to whom the receipt was issued or, to any person identified in a written and notarized authorization
to redeem the property identified in the receipt, or to a person identified in writing by the pledger at the
time of the initial transaction and signed by the pledger, or with the approval of the Police Department.
Written authorization for release of property to persons other than the original pledger must be maintained
along with original transaction record. (Amended Ord. 2011-1043)
1180.27 Holding Period. Any item purchased or accepted in trade by a licensee must not be sold or
otherwise transferred for thirty (30) days from the date of the transaction. (Amended Ord. 2011-1043)
Section 1180 8
Hopkins City Code (Rev. 03/02) 1180.29
1180.29 Police Order to Hold Property. Subdivision 1. Investigative Hold. Whenever law enforcement
official from any agency notifies a licensee not to sell an item, the item must not be sold or removed from
the premises. The investigative hold shall be confirmed in writing by the originating agency within
seventy-two (72) hours and will remain in effect for fifteen (15) days from the date of initial notification, or
until the investigative order is canceled, or until an order to hold/confiscate is issued, pursuant to #2 and #3
of this subdivision, whichever comes first.
Subd. 2. Order to Hold. Whenever the Chief of Police, or the Chiefs designee, notifies a licensee
not to sell an item, the item must not be sold or removed from the licensed premises until authorized to be
released by the Chief or the Chiefs designee. The order to hold shall expire ninety (90) days from the date it
is placed unless the Chief of Police or the Chiefs designee determines the hold is still necessary and notifies
the licensee in writing.
Subd. 3. Order to Confiscate. If an item is identified as stolen or evidence in a criminal case, the
Chief or Chiefs designee may:
a) Physically confiscate and remove it from the shop, pursuant to written order from the Chief or
the Chiefs designee, or
b) Place the item on hold or extend the hold as provided in #2 of this subdivision, and leave the
item in the shop.
Subd. 4. When an item is confiscated, the person doing so shall provide identification upon
request of the licensee, and shall provide the licensee the name and phone number of the confiscating
agency and investigator, and the case number related to the confiscation.
Subd. 5. When an order to hold/confiscate is no longer necessary, the Chief of Police or Chiefs
designee shall so notify the licensee.
1180.31 Inspection of Items. At all times during the term of the license, the licensee must allow the Chief
of Police or the Chiefs designee(s) to enter without notice the premises where the licensed business is
located during normal business hours, except in an emergency, for the purpose of inspecting such premises
and inspecting the items, ware and merchandise, and records therein to verify compliance with this Section
or other applicable laws.
1180.33 Label Required. Licensees much attach a label to every item at the time it is pawned, purchased
or received in inventory from any reportable transaction. Permanently recorded on this label must be the
number or name that identifies the transaction in the shop’s records. The transaction date, the name of the
item and the description or the model and serial number of the item as reported to the Police Department,
whichever is applicable, and the date the item is out of pawn or can be sold, if applicable. Labels shall not
be re-used.
1180.35 Prohibited Acts. Subdivision 1. No person under the age of eighteen (18) years may pawn or sell
or attempt to pawn or sell goods with any licensee, nor may any licensee receive any goods from a person
under the age of eighteen (18) years.
Subd. 2. No licensee shall receive any goods from a person of unsound mind or an intoxicated
person.
Subd. 3. No licensee may receive any goods, unless the seller presents identification in the form
specified in #6 of Subd. 14.
Section 1180 9
Hopkins City Code (Rev. 03/02) 1180.35, Subd. 4
Subd. 4. No licensee may receive any item of property that possesses an altered or obliterated
serial number or operation identification number or any item of property that has had it serial number
removed.
Subd. 5. No person may pawn, pledge, sell, consign, leave, or deposit any article of property not
their own; nor shall any person pawn, pledge, sell, consign, leave, or deposit the property of another,
whether with permission or without; nor shall any person pawn, pledge, sell, consign, leave, or deposit any
article of property in which another has a security interest; with any licensee.
Subd. 6. All customers of a pawnshop will give their current residence address and current
residence telephone number as part of their transaction.
1180.37 License Requirements. Subdivision 1. Hours of Operation. No licensee shall keep the
establishment open for the transaction of business on any day of the week before 7:00 AM or after 10:00
PM.
Subd. 2. License Display. A license issued under this ordinance must be posted in a conspicuous
place on the premises for which it is issued. The license issued is only effective for the complete and
contiguous space specified in the approved license application.
Subd. 3. Maintenance of Order. A licensee under this ordinance shall be responsible for the
conduct of the business being operated and shall maintain conditions of order.
Subd. 4. Method of Payment. When a pawnbroker accepts an item for purchase or as security for
a loan, payment for any article deposited, left, pledged or pawned shall be made only by a check, draft, or
other negotiable or non-negotiable instrument or order of withdrawal which is drawn against funds held by
a financial institution. The licensee may cash the check.
Subd. 5. Inspection by Claimed Owner. All goods, ware or merchandise coming into the
possession of any licensee, under the terms thereof, shall at all times by open to inspection and right of
examination of any person claiming to have been the owner thereof or claiming to have had any interest
therein when such person is accompanied by a police officer.
Subd. 6. Sign. Licensee shall post an adequate sign visible to customers. For the purpose of this
section, an “adequate” sign shall be deemed to mean at the least one sign of not less than four (4) square
feet in surface area, comprised of lettering of not less than three-quarters (3/4) of an inch in height, posted
in a conspicuous place on the licensed premises and stating substantially the following:
TO PAWN OR SELL PROPERTY:
YOU MUST BE AT LEAST 18 YEARS OF AGE
YOU MUST GIVE YOUR CURRENT RESIDENCE ADDRESS AND TELEPHONE
NUMBER
YOU CANNOT PAWN ANY PROPERTY FOR ANOTHER PERSON
YOU MUST BE THE TRUE OWNER OF THE PROPERTY
THE PROPERTY MUST BE FREE OF ALL CLAIMS AND LIENS
YOU MUST PRESENT VALID PHOTO IDENTIFICATION
VIOLATION OF ANY OF THESE REQUIREMENTS IS A CRIME!
Section 1180 10
Section 1180 11
Hopkins City Code (Rev. 03/02) 1180.39
1180.39. Denial, Suspension or Revocation. Any license under this section may be denied, suspended or
revoked for one or more of the following reasons:
1) The proposed use does not comply with the City of Hopkins zoning code.
2) The proposed use does not comply with any health, building, building maintenance or other
provisions of state or local laws or ordinances.
3) The applicant or licensee has failed to comply with one or more provisions of this section.
4) The applicant is not a citizen of the United States or a resident alien, or upon whom it is
impractical or impossible to conduct a background or financial investigation due to the
unavailability of information.
5) Fraud, misrepresentation or bribery in securing or renewing a license.
6) Fraud, misrepresentation or false statements made in the application and investigation for, or
in the course of, the applicant’s business.
7) Violation within the preceding five (5) years, of any law relating to theft, damage or trespass
to property, sale of a controlled substance, or operation of a business.
8) The owner of the premises licensed or to be licensed would not qualify for a license under the
terms of this section.
1180.41 Hearing Required. Except in the case of a suspension pending a hearing on revocation, a
revocation or suspension of a license by the City Council shall be preceded by a public hearing conducted
in accordance with Minnesota Statute 15.0418 to 15.0426. The City Council may appoint a hearing
examiner or may conduct a hearing itself. The hearing notice shall be given at least ten (10) days prior to
the hearing, including notice of the time and place of the hearing, and shall state the nature of the charges
against the licensee.
1180.43 Separability Should any subdivision, subsection, clause or other provision of this ordinance be
declared by a court of competent jurisdiction to be invalid such decision shall not effect the validity of the
ordinance as a whole or any part other than the part so declared invalid.
1180.45 Adoption of the Pawnbroker Regulation Act. To the extent the requirements of this ordinance are
less restrictive than the provisions of the Pawnbroker Regulation Act, the regulatory provisions of said Act,
codified in Minnesota State Statutes, are hereby adopted and incorporated herein and made part of this code
as completely as if set out in full.
Amended in its entirety by Ordinance 2002-865
Amended by Ordinance 2011-1043
MEMO
To: Honorable Mayor and City Council
From: Jason Lindahl, AICP
Date: September 12, 2017
Subject: Sign Ordinance Update Discussion
Proposed Action: Staff requests the City Council review Hopkins existing sign ordinance and
provide feedback.
Overview
This item was initiated by staff to review and update the City’s sign regulations. The current sign
regulations were last updated in 2005 and contain outdated policies and do not reflect the City’s
current vision for signs. This memo details the history of the current sign regulations, unique legal
issues to consider, reviews the existing sign regulations and outlines a list of items to consider when
updating the sign regulations. During the meeting, staff will present this information and review the
sign examples submitted by Planning & Zoning
Supporting Documents
• Hopkins City Code Section 570 – Signs
• Hopkins City Code Section 556.04 – Downtown Overlay District Sign Standards
• Hopkins City Code Section 557.04 – West Mainstreet Overlay District Sign Standards
• Assistant City Attorney Sign Ordinance Review Memo, August 4, 2017
Background. The City’s sign regulations were last updated in 2005. Prior to this update, a lawsuit
was filed against the City of Hopkins challenging the constitutionality of the sign ordinance. The
constitutionality issues were primarily related to First Amendment free speech issues (see legal
authority below). In that case, the judge issued a preliminary injunction preventing the City from
enforcing the sign ordinance. In response the City Council instituted an emergency interim
ordinance preventing the erection of any sign over six square feet for the period of the interim
ordinance. In August of 2005, the City Council approved a new comprehensive, constitutionally-
sound ordinance regulating the construction, installation and maintenance of signs. This ordinance
remains in effect today.
Planning & Zoning Commission Action. The Planning & Zoning Commission reviewed the
sign ordinance during their July and August meetings. Comments from those meetings are detailed
below.
• Don’t want “planned community” look. What’s nice about Hopkins is the character and
difference of signs.
• City should take a more active approach to maintenance of signage and signage that is no longer
relevant being left up.
• Want the new regulations to conform to what the market is driving.
• East and west sections of Mainstreet have different regulations—should be reconsidered to have
same regulations from 5th through end at west. These signs should be designed for pedestrians.
• Glen Lake area in Minnetonka is favorable example.
• Encourage more historic-looking signs.
• Shady Oak station shares area with Minnetonka; pedestrian needs should be considered.
• Be sure regulations don’t cause too much expense for starter businesses.
• Painting of window in child care building was discussed regarding whether it was considered
signage.
• Blake Road/Excelsior corner signage was discussed—standards that require individual letters
could be required.
• Is it appropriate to have a tiered approach such as requirements vs. guidelines?
Legal Issues.
Within the category of zoning code amendments, the regulation of signs is unique in that it entails
constitutionally-protected First Amendment free speech issues. As part of the City’s update of the
sign regulations, staff asked the City Attorney to review the ordinance to determine compliance with
constitutional law principles and recent case law. The City Attorney’s legal analysis focused on
content neutrality and staff discretion and generally finds the current sign ordinance in compliance
with the law. The City Attorney also offers some recommendations related to abandoned signs and
removal of unlawful signs.
Hopkins Sign Regulations. Hopkins regulates signs in three sections of the City Code. Section
570 – Signs contains the overall sign construction, installation and maintenance regulations for the
community. In addition, the City has specific sign regulations for both Downtown and West
Mainstreet. These regulations are detailed in Section 556.04 Downtown Overlay District – Signs
and Section 557.04 West Mainstreet Overlay District – Signs. Downtown is defined as the area on
the south side of First Street North to the north side of First Street South and the west side of 6th
Avenue to the east side of 13th Avenue. The West Mainstreet overlay district applies to Mainstreet
properties from the west side of 13th Avenue to Shady Oak Road Zoned B-3, General Business.
These regulations are attached for your reference and staff will review them with the Commission
during the meeting.
Sign Issues to Consider. Since the development of the current ordinance in 2005, staff has
noticed a number of issues that could be revised and updated to improve and streamline
administration of these regulations.
• Organization. The current sign ordinance is divided into 25 subdivisions and lacks organization.
Staff recommends reorganizing, condensing and simplifying the sign ordinance to streamline the
regulations and make them easier to understand and interpret.
• Development standards. The sign regulations include standards for the size, height, type,
placement and scale for signs. A key point of discussion during this review will be “Do the
current regulations reflect the City’s current vision for signs?”
• Temporary signs. Temporary signs typically include banners, pennants, portable, changeable
copy signs, searchlight signs, yard signs, real estate signs and garage sale signs that promote brief
business, professional, commodity, service or entertainment activities. The City allows
temporary signs without specific standards for number, duration, size or location.
• Window signs. Window signs are typically placed inside a window or upon the window panes or
glass and are visible from the outside. Window signs may cover up to one-third of the surface
area of the window, and this area is also counted toward the total allowable signage for a site.
• Electronic signs. Electronic signs (also known as dynamic signs) include signs that appear to
have movement or change without changing or removing the physical components of the sign.
These signs are allowed provided they don’t change more than once every 24 hours. Hopkins
standards do not address typical modern elements of electronic signs including text size, mode,
brightness and operation.
• Billboards. Billboards are not allowed, based a provision that prohibits signs over 250 square
feet. Several billboards exist in Hopkins and are considered non-conforming or
“Grandfathered.”
• Amount of signage. Hopkins regulates the amount of total signage on a property rather than
placing more specific limits on wall or ground signs. The total allowable signage for a given site
is based on building frontage in the B-2 Central Business District or lot frontage in all other
commercial or industrial districts. Each zoning district also places limitations on the maximum
size of any one sign. Residential districts are allowed between 16 to 24 square feet of total
signage provided no individual sign exceeds between 8 to 12 feet. The challenge with this
approach is that it tends to promote a greater number of small signs, and these signs are not
proportional to either the building or lot on which they are located.
• Ground signs. Ground signs include both monument and pylon type signs. Ground signs are
allowed in all zoning districts except the B-2 Central Business District. In commercial and
industrial areas, ground signs may be no higher than the roof of the associated building or 35
feet (whichever is greater). Setback standards range from one to twenty feet depending on the
zoning district and type of road the sign abuts.
• Wall Signs. Wall signs are defined as any building sign attached parallel to, but within two (2)
feet of a wall, painted on the wall surface of, or erected and confined within the limits of an
outside wall of any building or structure, which is supported by such wall or building, and which
displays only one (1) sign surface.
HopkinsCityCode (Zoning) 570.00
Replaced8-16-05)
Section570 - Signs
Preamble:
TheCityCouncil findsthatthelackofacomprehensive, constitutionallysoundordinance
regulating signs intheCityofHopkins constitutesan emergencythreatening publichealth, safety
andwelfarebecause, amongother concerns, (1) signscouldbeerected withoutregardtothe
manner inwhichthesizeorlocation ofthesignorsignsinterferes withtrafficsightlines,
endangering ordistracting driversandpedestriansalike, therebycausingtraffichazardsand; (2)
signscould beconstructed inamannerorfromsuchmaterials asarestructurally unsound
vulnerable tocollapse, endangering personsorpropertyinthevicinity ofthesigns.
ThefollowingordinanceisadoptedasSection 570oftheHopkins CityCode:
570.01Findings, purposeandeffect.
Subd. 1. Findings. TheCityCouncil hereby findsasfollows:
a. Exterior signshaveasubstantial impact onthecharacter andqualityoftheenvironment.
b. Signsprovideanimportantmediumthroughwhichindividualsmayconveyavarietyof
messages.
c. Signscancreatetraffichazards, aesthetic concerns anddetriments topropertyvalues,
thereby threateningthepublic health, safetyandwelfare.
d. Thecity'szoningregulationshave, sinceasearlyas1966, includedtheregulationof
signsinanefforttoprovide adequatemeans of expressionandtopromotetheeconomic
viability ofthebusiness community, while protectingtheCityandits citizens froma
proliferation ofsignsofatype, size, locationandcharacterthatwouldadversely impact
upontheaesthetics ofthecommunity and threatenthehealth, safetyandwelfareofthe
community. Theregulationof thephysical characteristics ofsignswithintheCityhashad
apositive impactontrafficsafetyandtheappearanceofthecommunity.
Subd. 2. Purpose andintent. Itisnotthepurposeorintentofthissignordinance toregulatethe
message displayedonanysign; nor isit thepurpose orintentofthisordinancetoregulateany
buildingdesign oranydisplay notdefinedasasign, oranysignwhichcannotbeviewedfrom
outsideabuilding. Thepurposeandintent ofthisordinance isto:
Section 570 Page1
HopkinsCityCode (Zoning) 570.01 Subd. 2
Replaced8-16-05)
a. Regulate thenumber, location, size, type, illumination andotherphysical
characteristics ofsignswithinthecityinordertopromote thepublichealth,
safetyandwelfare.
b. Maintain, enhance andimprovetheaestheticenvironmentofthecityby
preventing visualclutterthatisharmfultotheappearanceofthecommunity.
c. Improve thevisualappearanceoftheCitywhileproviding foreffective meansof
communication, consistent withconstitutional guaranteesandtheCity’sgoals of
publicsafetyandaesthetics.
d. Provide forfairandconsistent enforcement ofthesignregulationssetforherein
under thezoningauthority oftheCity.
Subd. 3. Effect. Asignmaybeerected, mounted, displayedormaintainedinthecityifitisin
conformance withtheprovisions ofthis ordinance. Theeffectofthisordinance, asmore
specifically setforthherein, isto:
a. Allowawidevarietyofsigntypesincommercial zones, andamorelimited
variety ofsignsinotherzones, subjecttothestandardssetforthinthissign
ordinance.
b. Allowcertain small, unobtrusivesignsincidental totheprincipaluseofasitein
allzoneswhenincompliancewiththerequirements ofthissignordinance.
c. Prohibitsignswhose location, size, type, illumination orotherphysical
characteristics negatively affecttheenvironmentandwhere thecommunication
canbeaccomplished bymeanshaving alesserimpactontheenvironmentand
thepublichealth, safetyandwelfare.
d. Providefortheenforcementofthe provisions ofthissignordinance.
570.03. Severability.
Ifanysection, subsection, sentence, clause, orphrase ofthisSignOrdinanceisforanyreasonheldtobe
invalid, suchinvalidity shallnotaffectthevalidity orenforceability oftheremainingportionsofthis
SignOrdinance. TheCityCouncilherebydeclares thatitwouldhaveadoptedtheSignOrdinance in each
section, subsection, sentence, orphrase thereof, irrespective ofthefactthatanyoneormoresections,
subsections, sentences, clauses, orphrases bedeclaredinvalid.
Section 570 Page2
HopkinsCityCode (Zoning) 570.05 Subd. 1
Replaced8-16-05)
570.05. DefinitionsSubdivision 1. Thefollowingwords andphrases, whenusedinthisSection570, shall
havethefollowingmeanings, unlessthecontextclearlyindicatesotherwise:
Subd. 2 “Abandoned sign” - anysignand/oritssupportingsignstructurewhichremainswithouta
messageorwhosedisplaysurface remains blankforaperiodofone (1) yearormore, oranysignwhich
pertainstoatime, eventorpurpose whichnolongerapplies, shallbedeemedtohavebeenabandoned.
Signsapplicabletoabusinesstemporarily suspendedbecause ofachange inownershipormanagement of
suchbusinessshall notbedeemedabandonedunless thepropertyremainsvacant foraperiodofone (1)
year ormore. Anysignremaining afterdemolitionofaprincipalstructureshallbedeemedtobe
abandoned. Signswhicharepresentbecause of beinglegallyestablished nonconformingsignsorsigns
whichhaverequiredaconditionalusepermitoravariance shallalsobesubjecttothedefinition of
abandonedsign.
Subd. 3 “Awning” - aroof-likecover, oftenoffabric, plastic, metalorglassdesignedandintendedfor
protection fromtheweatherorasadecorativeembellishment, andwhichprojectsfromawallorroofofa
structure primarily overawindow, walk, orthelike. Anypartofanawningwhichalsoprojectsovera
doorshallbecounted asanawning.
Subd. 4 “Awningsign” - a building signorgraphicprinted on orinsomefashionattacheddirectlytothe
awning material.
Subd. 5 “Balloonsign” - asignconsistingofabagmadeoflightweightmaterialsupportedbyhelium,
hot, orpressurized airwhichisgreaterthantwenty-four (24) inches indiameter.
Subd. 6 “Buildingsign” - anysignattached orsupported byanyBuilding.
Subd. 7 “Cabinetsign” - anywallsignthatis notofchannel orindividuallymounted letterconstruction.
Subd. 8 “Canopy” - aroof-likecover, oftenoffabric, plastic, metal, orglassonasupport, whichprovides
shelter overadoorway.
Subd. 9 “Canopysign” - anysignthatispartoforattached toacanopy, madeoffabric, plastic, or
structuralprotectivecoveroveradoororentrance. Acanopysignisnotamarqueeandisdifferentfrom
service areacanopy signs.
Section 570 Page3
HopkinsCityCode (Zoning) 570.05 Subd. 10
Replaced8-16-05)
Subd. 10 “Changeable copysign” - asignorportionthereofwithcharacters, letters, orillustrations that
canbechangedorrearranged without altering thefaceorthesurface ofthesign. Changeable copysigns
donotincludesignsuponwhichcharacters, lettersorillustrationschangeorrearrange onlyonceina 24-
hourperiod.
Subd. 11 “Commercial Speech” – speech advertising abusiness, profession, commodity, serviceor
entertainment.
Subd. 12 “Elevation” - theviewoftheside, front, orrearofagivenstructure(s).
Subd. 13 “Elevation area” - theareaofallwalls thatfaceanylotline.
Subd. 14 “Erect” - activity ofconstructing, building, raising, assembling, placing, affixing, attaching,
creating, painting, drawing oranyotherwayofbringingintobeingorestablishing.
Subd. 15 “Flag” - anyfabricorsimilarlightweightmaterial attachedatoneendofthematerial, usuallyto
a stafforpole, soastoallow movementofthematerialbyatmospheric changesandwhichcontains
distinctive colors, patterns, symbols, emblems, insignia, orother symbolicdevices.
Subd. 16 “Flashingsign” - adirectly orindirectlyilluminatedsignwhichexhibitschanginglightorcolor
effect byanymeans, soastoprovideintermittentilluminationwhichincludestheillusionofintermittent
flashinglightby means ofanimation. Alsoanymode oflighting whichresembles zooming, twinkling, or
sparkling.
Subd. 17 “Freestandingsign” - anysignwhichhassupportingframeworkthatisplacedon, oranchored
in, thegroundandwhichisindependent fromanybuilding orother structure.
Subd. 18 “Grade” - gradeshallbeconstruedtobethefinalgroundelevationafterconstruction. Earth
mounding criteriaforlandscapingandscreeningisnotpartofthefinalgradeforsignheightcomputation.
Subd. 19 “Groundsign” - anyfreestandingsignwithitssignfacemounted onthegroundormounted ona
baseatleastaswideasthesignandwhich hasatotalheight notexceedingeight (8) feet.
Subd. 20 “Height ofsign” - theheightofthesignshallbecomputedastheverticaldistancemeasured
fromthebase of thesignatgradetothetopofthehighestattachedcomponent ofthesign.
Section 570 Page4
HopkinsCityCode (Zoning) 570.05 Subd. 21
Replaced8-16-05)
Subd. 21 “Illuminatedsign” - anysignwhichcontains anelementdesigned toemanate artificial light
internallyorexternally.
Subd. 22 “Interiorsign” - asignwhichislocatedwithintheinteriorofanybuilding, orwithinanenclosed
lobbyorcourtofanybuilding, andasignforandlocatedwithintheinnerorouterbody, courtorentrance
ofanytheater.
Subd. 23 “Legallyestablished nonconforming sign” - anysignanditssupportstructurelawfullyerected
priortotheeffective dateofthisordinance whichfailstoconform totherequirements ofthisordinance.
Asignwhichwas erectedinaccordance withavariancegrantedpriortotheadoptionofthisordinance
andwhichdoesnotcomplywiththisordinanceshall bedeemedtobealegalnonconforming sign. Asign
whichwasunlawfullyerectedshallbedeemedtobeanillegalsign.
Subd. 24 “Marquee” - anypermanentroof-like structureprojecting beyondatheater buildingorextending
alongandprojecting beyondthewallofthatbuilding, generallydesignedandconstructedtoprovide
protection fromtheweather.
Subd. 25 “Marqueesign” - anybuildingsignpainted, mounted, constructedorattachedinanymanner, on
a marquee.
Subd. 26 “Monument sign” - anyfreestanding signwithits signfacemountedonthegroundormounted
onabaseatleastaswideasthesignandwhichhasaheight exceeding eight (8) feet.
Subd. 27 “Multipletenantsite” - anysitewhichhasmorethanone (1) tenant, andeachtenanthasa
separate ground levelexteriorpublicentrance.
Subd. 28 “Non-commercial speech” – disseminationofmessagesnotclassifiedasCommercial Speech
whichinclude, but arenotlimitedto, messagesconcerningpolitical, religious, social, ideological, public
serviceandinformational topics.
Subd. 29 “Off-premisesign” – acommercialspeech signwhichdirectstheattentionofthepublictoa
business, activityconducted, orproductsoldoroffered atalocationnotonthesamelotwheresuchsign
islocated. Forpurposesofthissignordinance, easements andotherappurtenances shallbeconsidered to
beoutsidesuchlot andanysignlocatedorproposed tobelocatedinaneasementorotherappurtenance
shall beconsidered anoff-premise sign.
Section 570 Page5
HopkinsCityCode (Zoning) 570.05 Subd. 30
Replaced8-16-05)
Subd. 30 “On-premisemessages” – identify oradvertise anestablishment, person, activity, goods,
productsorserviceslocated onthepremises wherethesignisinstalled.
Subd. 31 “ Owner” – Inthecaseofalot, thelegalownerofthelot asofficiallyrecordedbyHennepin
County, andincludingfeeowners, contractfordeedpurchasers andgroundlessees. Inthecaseofasign,
theownerofthesignincludinganylessees.
Subd. 32 “Polesign” - seePylonSign.
Subd. 33 “Portablesign” - anysignwhichismanifestlydesigned tobetransported, includingbytraileror
onitsownwheels, eventhoughthewheels ofsuchsignmaybe removed andtheremainingchassis or
support isconvertedtoanother signorattachedtemporarilyorpermanently tothegroundsincethis
characteristic isbasedonthedesign ofsuchasign.
Subd. 34 “Portecochere” - aroofedstructureorroof-likecover, extendingfromtheentranceofabuilding
andwhichprovidesshelteroveradoorway.
Subd. 35 “Projectingsign” - anysignwhichisaffixedtoabuildingorwallinsuch amannerthatits
leadingedgeextends morethantwo (2) feetbeyondthesurfaceorsuchbuildingorwallface.
Subd. 36 “Publicnotices” - officialnoticespostedbypublicofficers, employees ortheiragentsinthe
performance oftheirduties, orasdirectedbysuchofficers, employees oragents.
Subd. 37 “PublicStreetRightofWay” - Theentirerightofwayofanypublicstreet.
Subd. 38 “Pylonsign” - anyfreestanding signwhichhasitssupportive structure(s) anchored inthe
ground andwhichhasasignfaceelevatedabovegroundlevelbypole(s) orbeam(s) andwiththearea
belowthesignfaceopen.
Subd. 39 “Residentialdistrict” - anydistrictzonedforresidential uses.
Subd. 40 “Roof” - the exteriorsurface and itsupporting structure onthetopofabuildingorstructure.
Thestructuralmake-upofwhichconformstotheroofstructures, roofconstructionandroofcovering
sections oftheUniform BuildingCode.
Subd. 41 “Roofline” - theupper-mostedgeoftherooforinthecaseofanextendedfacade orparapet, the
upper-mostheightofsaidfacade.
Section 570 Page6
HopkinsCityCode (Zoning) 570.05 Subd. 42
Replaced8-16-05)
Subd. 42 “Roofsign” - anysignerectedandconstructed whollyonandabovetheroofofabuilding,
supported bytheroofstructure, andextending verticallyabove thehighestportionoftheroof.
Subd. 43 “Roofsign, integral” - anybuilding signerectedorconstructedasanintegraloressentially
integral partofanormalroofstructureofanydesign, sothatnopartofthesignextends verticallyabove
the highestportion oftheroofandsothatnopartofthesignisseparatedfromtherestoftheroofbya
spaceofmorethansix (6) inches.
Subd. 44 “Rotatingsign” - asignorportion ofasignwhichturnsaboutonanaxis.
Subd. 45 “Shimmeringsigns” - asignwhichreflectsanoscillatingsometimes distortedvisualimage.
Subd. 46 “Sign” – anyletter, wordorsymbol, poster, picture, statuary, readingmatterorrepresentation in
the natureofadvertisement, announcement, messageorvisualcommunication, whether painted, posted,
printed, affixedorconstructed, includingallassociatedbrackets, braces, supports, wiresandstructures,
whichisdisplayedforinformational orcommunicativepurposes.
Subd. 47 “Signface” - thesurfaceofthesignupon, against, orthrough whichthemessageofthesignis
exhibited.
Subd. 48 “Signstructure” - anystructureincludingthesupports, uprights, bracingandframeworkwhich
supports oriscapableofsupportinganysign.
Subd. 49 “Site” - alot orcombinationofcontiguous lots whichareintended, designated, and/or
approved tofunctionasan integrated unit.
Subd. 50 “Stringer” - alineofstring, rope, cording, oranequivalent towhichisattachedanumberof
pennants.
Subd. 51 “Suspendedsign” - anybuildingsignthatissuspended fromtheunderside ofahorizontal plane
surfaceandisconnectedtothissurface.
Subd. 52 “Totalsitesignage” - themaximum permittedcombinedareaofallfreestanding andwall
identification signs allowed onaspecific property.
Section 570 Page7
HopkinsCityCode (Zoning) 570.05 Subd. 53
Replaced8-16-05)
Subd. 53 “Visible” - capableofbeingseenbyapersonofnormalvisualacuity (whether legible ornot)
withoutvisualaid.
Subd. 54 “Wall” - anystructurewhichdefinestheexteriorboundariesorcourts ofabuildingorstructure
andwhichhasaslopeofsixty (60) degreesorgreater withthehorizontalplane.
Subd. 55 “Wallsign” - anybuildingsignattachedparallel to, butwithintwo (2) feetofawall, paintedon
the wallsurfaceof, orerectedandconfinedwithinthelimitsofanoutsidewallofanybuildingor
structure, whichissupportedbysuchwallorbuilding, andwhichdisplaysonlyone (1) signsurface.
Subd. 56 “Windowsign” - anybuildingsign, pictures, symbol, orcombination thereof, designedto
communicateinformation about anactivity, business, commodity, event, sale, orservice, thatisplaced
inside awindowor uponthewindowpanesorglass andisvisiblefromtheexteriorofthewindow.
Thedefinitions setforthinthisSection570.05areinadditiontothedefinitions setforthinSection
515.07, whichshallapplytothisSection 570, exceptthatintheeventofaconflict betweentheSections,
thedefinitionin Section570shallapply.
570.07. Permitrequired.
Nosignshallbeerected, altered, reconstructed, maintained ormovedinthecitywithoutfirstsecuringa
permitfromthecity. Thecontent ofthemessageor speechdisplayed onthesignshallnotbereviewedor
considered indetermining whether toapproveordenyasignpermit. Applicationforapermitshallbein
writingaddressed tothezoningadministratorandshallcontainthefollowinginformation:
a. names andaddresses oftheapplicant, ownersofthesignandlot;
b. theaddressatwhichanysigns aretobeerected;
c. thelot, blockandadditionatwhichthesignsaretobeerectedandthestreet onwhich
theyaretofront;
d. acompletesetofplansshowing thenecessary elevations, distances, sizeanddetailsto
fullyandclearlyrepresent theconstructionandplaceofthesigns;
e. thecostofthesign;
f. typeofsign (i.e. wallsign, monument sign, etc.);
g. certification byapplicantindicatingtheapplicationcomplieswithall
requirements ofthesignordinance; and
Section 570 Page8
HopkinsCityCode (Zoning) 570.07 (h.)
Replaced8-16-05)
h. iftheproposedsignisalongstatetrunkhighway orinterstatehighway, theapplication
shallbeaccompanied byproof thattheapplicanthasobtained apermitfromthestatefor
thesign.
Thezoningadministrator shallapproveordeny thesignpermitinanexpeditedmanner nomorethan30
daysfromthereceiptofthecompleteapplication, includingapplicablefee. Allpermitsnotapproved or
deniedwithin30daysshallbedeemedapproved. Ifthepermitisdenied, theissuingauthorityshall
prepare awrittennotice ofdenial within10daysitsdecision, describingtheapplicant’sappealrights
under Section525.15, andsenditbycertified mail, returnreceipt requested, totheapplicant.
570.09. Exemptions.
Thefollowingsignsshallnotrequire apermit. Theseexemptions, however, shallnotbeconstrued as
relievingtheowner ofthesignfromtheresponsibility ofitserectionandmaintenance, anditscompliance
withtheprovisionsofthisordinance oranyother laworordinance regulatingthesame.
a. Thechangingofthedisplay surfaceonapaintedorprintedsignonly. Thisexemption,
however, shall applyonly toposterreplacement and/oron-sitechangesinvolvingsign
painting elsewherethandirectlyona building.
b. Signssix (6) squarefeetorlessinsize.
570.11. Fees.
Signpermitfees aresetbyChapterX.
570.15. Violations.
Violation ofthissectionisamisdemeanor. Eachdaythattheviolationcontinues isaseparateoffense.
570.17. Size.
Nosignshallexceed250squarefeetinarea.
Section 570 Page9
HopkinsCityCode (Zoning) 570.19
Replaced8-16-05)
570.19. Regulations.
Subd. 1. General. Exceptashereinafterprovided, nosignsshallbeerectedormaintainedatanyangletoa
buildingorstructurewhichsignextendsorprojectsover thesidewalk, street orhighway. Nosignwhich
iserectedormaintained flatagainstanybuildingorstructureshallextend orprojectmorethanfifteen
inches overthesidewalk, streetorhighway.
Subd. 2. Exceptions. Theprovisionsofthissubsectiondonotprohibit:
a. theerectionandmaintenanceofsigns, eitherilluminatedornotilluminated, whichareon
thesidesofamarqueewhichisfirmlyattached toandapartofatheatre , providingsuch
signs areanintegralpartofthemarquee anddonotprojectaboveorbelowthemarquee;
or
b. theerection andmaintenance of signs, notilluminated, whichareattached tothemarquee
andwhichdonotprojectmorethan16inchesabovethemarquee.
570.21. Belowmarquee.
Nosign, either illuminatedornotilluminated, may projectbelowamarquee.
570.23. Electrical signs.
Electrical signsmustbeinstalledinaccordance with thecurrentelectricalcodeandaseparatepermitfrom
thebuilding officialmust beobtained priortoplacement.
570.25. Unauthorizedsigns.
Thefollowing signs areunauthorized signsandareprohibitedbythisSection:
a. Anysign, signal, markingordevicewhichpurportstobeorisanimitation ofor
resemblesanyofficialtraffic controldeviceorrailroadsignorsignal, oremergency
vehiclesignal, orwhichattemptstodirect themovementoftrafficorwhichhides from
viewor interfereswiththeeffectiveness ofanyofficialtraffic-controldevice orany
railroad signorsignal.
b. Alloff-premise signs.
c. Signspainted, attachedorinanyothermanneraffixedtotrees, rocks, orsimilarnatural
surfaces, orattachedtopublicutilitypoles, bridges, towers, orsimilarpublicstructures.
d. Portable signs.
e. Changeable copysigns.
Section 570 Page10
HopkinsCityCode (Zoning) 570.27
Revised7-27-06)
570.27. Setbacks.
Subd. 1. Signsshallconformtothefollowingsetbackregulationsforthezoningdistrictinwhichthe
signs arelocated except asotherwise specified in thissection.
B-1 B-2 B-3 B-3 Residential
Abutting
County Road
LotLineFront 10' 1 ' 1 ' 10' 5'
LotLineSide 5' 0' 0' 5' 5'
LotLineRear 5' 5' 10' 10' 5'
I-1 I-2
LotLineFront 10' 10'
LotLineSide 10' 10'
LotLineRear 10' 10'
LotLineRear - abuttingRDistrict 20' 20'
Institutional
Institutional AbuttingCountyRoad
LotLineFront 5' 10'
LotLineSide 5' 5'
LotLineRear 5' 10'
AddedOrd. 06-969)
570.29. Area.
Theareawithin theframeofasignshallbeusedtocalculate thesquarefootage exceptthatthewidthofa
frameexceeding12inchesshallconstitutesign face, andifsuchlettersorgraphicsbemounteddirectly
onawallorfasciaorinsuchwayastobewithoutaframethedimensionsforcalculating thesquare
footageshallbetheareaextendingsixinchesbeyondtheperipheryformedaroundsuchlettersorgraphics
inaplanefigureboundedbystraightlinesconnectingtheoutermostpointsthereof. Eachsurfaceutilized
todisplayamessageortoattractattentionshallbemeasuredasaseparatesignandshallbecalculatedin
the overallsquare footage. Symbols, flags, pictures, wording, figuresorotherformsofgraphics painted
onorattachedtowindows, walls, awnings, free-standingstructures, suspendedbyballoons, orkitesoron
persons, animals, orvehiclesareconsideredasignandareincludedincalculatingtheoverallsquare
footage.
Section 570 Page11
HopkinsCityCode (Zoning) 570.31
Replaced8-29-13)
570.31. Canopies, marquees andfixedawnings.
Canopies, marqueesandfixedawningsareanintegral partofthestructuretowhichtheyareattached.
Theyareallowed intheBusiness andIndustrialDistricts iftheymeetfollowingrequirementsandthe
applicable squarefootagerequirements.
a. anawning, canopy ormarqueemaynotproject intothepublicright-of-waynearer
than30inchestothestreet curborcurbline;
b. awnings, canopiesormarquees mayhavenopartofthestructureotherthan
supportsnearertheground surfacethan seven feet;
c. thearchitecturalstyleoftheawning, canopyormarqueemaybeconsistent with
thebuildingbeingserved;
d. awnings, canopyormarquees projecting intotherequired yardsmaynotbe
enclosedexceptwithatransparentmaterialpermitting throughvision; and
e. awnings, canopiesormarquees builtoverthe publicright-of-waymustbeincludedina
liabilityinsurance policyholding thecityfreeofallresponsibility.
570.32. Window signage. Temporary orpermanent signsshall beon theinside ofthewindow.
Temporary or permanent window signsare limited to one-thirdofthe surface areaofthe window
to which they areaffixed. (Added Ord. 13-1064)
570.33. Illumination
External illumination forsignsshallbesoconstructed andmaintained thatthesource oflightisnot
visiblefromthepublicright-of-wayorresidentialproperty.
570.35. Height.
Thetopofasign, includingitssuperstructure, ifany, shallbenohigherthantheroofofthebuildingto
whichsuchsignmaybe attachedor35feetaboveground level, whicheverheightisless. Signs, including
anysuperstructure standing orerectedfreeofanybuilding orotherstructure, shallnotexceedanoverall
height of35feetfromgroundlevelandshallbelocatedonlandinanareawhichislandscapedorifsuch
landispartofanapproved parkingarea, itshall besurfacedorpavedasrequiredinthezoningcode.
570.37. Retroactive effect.
Thissignordinanceshallapplytoallsignapplicationsapplied forand/orpendingpriortoitsenactment.
570.39. Non-commercialspeech.
Notwithstanding anyother provisionsofthissignordinance, allsignsofanysizecontainingNon-
CommercialSpeechmaybepostedfromAugust1inanygeneralelectionyearuntilten (10) days
following thegeneralelectionandthirteen (13) weekspriortoanyspecial electionuntilten (10) days
followingthespecial election.
Section 570 Page12
HopkinsCityCode (Zoning) 570.41
Revised7-27-06)
570.41. Permitted signsbydistrict.
Subd. 1. Residential Districts
a. Withinresidentialzoningdistricts, signs arepermittedasfollows:
District Maximumsignareaofsinglesign Totalareaofallsigns
R-1, R-2 8squarefeetpersurface 16squarefeet
R-3, R-4, 12squarefeetpersurface 24squarefeet
R-5, R-6
b. Thefollowingtypesofsigns arenotpermittedinresidentialzoningdistricts:
1. Awning signs; 5. Marqueesigns;
2. Balloonsigns; 6. Polesigns;
3. Canopysigns; 7. Pylonsigns; and
4. Flashingsigns; 8. Shimmeringsigns.
Subd. 2. Business Districts
a. Withinbusinesszoningdistricts, signsarepermittedasfollows:
District Maximumsignareaofsinglesign Totalareaofallsigns
B-1, B-2 60squarefeet 2squarefeetperfrontfootofbuilding
abuttingapublicright-of-way50feetor
more inwidth.
B-3, B-4 80squarefeet 3square feetperfrontfootof
lot (narrowest footageonacornerlot)
abuttingpublicright-of-way
50feetormoreinwidth.
Subd. 3. IndustrialDistricts
a. Withinindustrialzoningdistricts, signs arepermitted asfollows:
District Maximumsignareaofsinglesign Totalareaofallsigns
I-1, I-2 250square feet 4squarefeetperfrontfootoflot
plus1squarefootperfootof
sideyardabuttingapublicright-
of-wayof 50feetormore.
Leastwidthoffrontageshall
beconsidered frontyard.
Subd. 4. Institutional Districts
a. Withininstitutional zoningdistricts, signs arepermitted asfollows:
District Maximumsignareaofsinglesign Totalareaofallsigns
Institutional 60squarefeet 3square feetperfrontfootof lot
narrowestfootage onacorner
lot) abuttingpublicright-of-way
50feetormoreinwidth.
AddedOrd. 06-969)
Section 570 Page13
HopkinsCityCode (Zoning) 570.42
Revised 4-28-11)
570.42. Permittedsigns: Business Parkdistrict.
Subd. 1. WallSigns. Eachtenantotherthanthoseinmulti-tenant buildingsmayhaveoneflatwallsign,
notextending morethan18inchesfromtheface ofthebuilding, exceptthatsuchsignagemayextend
fromthefaceofthe roofoveracoveredwalk. Suchwallsigns shallnotexceed15% oftheareaofthe
walltowhichthesignisattached, toamaximum of96squarefeet.
Subd. 2. Monument signs. Usesotherthanthoseinmulti-tenant buildingsmayhaveamonumentsignthat
shallnotexceed80square feetpersurface area, and15feetinheight, andissetbackaminimum20feet
fromthepropertylines.
Subd. 3. Multi-tenantsigns. Eachtenantinamulti-tenantbuildingmayhaveaflatwallsign, not
extendingmorethan18inchesfromthefaceofthebuilding. Theaggregateareaofsuchsignsshallnot
exceed5% oftheareaofthewalltowhich theyareattached.
Subd. 4. Multi-tenantmonument signs. One monument signshall bepermittedforeachmulti-tenant
building provided thesurfaceareaofthesigndoesnotexceedtwosquarefeetperfrontfootoflot. Signs
shallnotbeover150squarefeet, or20feetinheight, andshall besetback20feetfromtheproperty
lines. (AmendedOrd. 11-1026)
Subd. 5. Canopies andAwnings. Thedesignofcanopiesshall beinkeepingwiththeoverall building
design intermsoflocation, size, andcolor. Nocanopieswithvisiblewallhangersshallbepermitted.
Signage oncanopiesmay besubstitutedforallowedbuildingsignageandshallbelimitedto25% ofthe
canopy area. Internallyilluminatedcanopiesmustbecompatiblewiththeoverallcolorschemeofthe
building.
570.43. Non-conforming signs: compliance.
It isrecognizedthatsignsexistwithinthezoningdistrictswhichwerelawfulbeforethissignordinance
wasenacted, butwillbeprohibitedunderthe termsofthissection. Itistheintentofthissignordinance
thatnonconforming signsshallnotbeenlargeduponor expanded , norbeusedasgroundsforadding
othersignsor usesprohibitedelsewhereinthesamedistrict. Itisfurthertheintentofthissignordinance
topermitlegalnonconforming signsexistingon theeffectivedateofthissignordinancetocontinueas
legalnonconforming signsprovidedsuchsignsaresafe, aremaintained soasnottobeunsightly, and
havenotbeenabandonedorremoved subjecttothefollowingprovisions:
a. Nosignshall beenlarged oralteredinawaywhichincreases itsnonconformity
b. Iftheuseofthenonconforming signorsignstructureisdiscontinued foraperiodof one
year, thesignorsignstructure shallnotbereconstructed orusedexceptinconformity
withtheprovisions ofthisordinance.
c. Shouldsuchnonconforming signorsignstructurebedamagedorstructurebedestroyed
byanymeanstoanextent greaterthanfifty (50) percentofitsmarketvalueandall
requiredpermitsforitsreconstruction havenotbeenapplied forwithin180daysofwhen
thesignorsignstructure wasdamaged, itshallnotbereconstructedorusedexceptin
conformitywiththeprovisions ofthisordinance.
Section 570 Page14
HopkinsCityCode (Zoning) 570.43 (d.)
Replaced8-16-05)
d. Shouldsuchsignorsignstructure bemoved foranyreasonforanydistancewhatsoever,
itshall thereafterconformtotheregulations forthezoning districtinwhich itislocated
afterit ismoved.
e. Noexisting signdevoted toausenotpermittedbythezoningcodeinthezoningdistrict
in whichitislocatedshall beenlarged, expandedormovedexceptinchangingthesignto
asignpermittedinthezoning districtin whichisitlocated.
f. Whenabuildinglosesitsnonconforming statusallsignsdevotedtothestructureshallbe
removed andallsignspainted directlyonthestructureshallberepaintedinaneutral
colororacolorwhichwillharmonizewiththestructure.
570.45. Substitution Clause.
Theownerofanysign whichisotherwise allowedby thissignordinancemaysubstitutenon-commercial
speechinlieuofanyothercommercialspeechornon-commercial speech. Thissubstitutionofcopymay
bemadewithout anyadditionalapproval orpermitting. Thepurposeofthisprovisionistoprevent any
inadvertent favoring ofcommercial speechovernon-commercialspeech, orfavoringofanyparticular
non-commercial speech overanyothernon-commercialspeech. Thisprovision prevailsoveranymore
specificprovisiontothecontrary.
Section 570 Page15
Section 556 Page 2
Hopkins City Code (Zoning) 556.03, Subd. 3
(Revised 8-29-13)
Subd. 3. Materials. Awnings must be constructed of durable, protective, and water
repellant materials. Plastic or fiberglass awnings are not allowed.
Subd. 4. Lighting. Backlit or illuminated awnings are not allowed.
Subd. 5. Projecting. Awnings must project a minimum of 36” from the building.
556.04. Signs . Subdivision 1. Signs will be architecturally compatible with the style,
composition, materials, colors, and details of the building to which they are affixed and with other
signs on nearby buildings, while providing for adequate identification of the business.
Subd. 2. Lighting. Internally illuminated signs (not including neon) are proh ibited
except for theater signage.
Subd. 3. Prohibited. Pylon and monument signs are prohibited on Mainstreet.
Subd. 4. Window signage. Temporary window signs shall be on the inside of the
window. Temporary window signs are limited to one-third of the surface area of the window to
which they are affixed. (Amended Ord. 13-1064)
Subd. 5. Size. The combination of neon, permanently painted, and temporary window
signs shall not exceed a total of two-thirds of the window surface area for that facade.
Subd. 6. Projecting. Projecting signs will have a maximum size of 12 square feet and a
maximum width of three feet. Projecting signs cannot extend beyond the first floor of the
building. No less than 10 feet of clearance shall be provided between the sidewalk surface and
the lowest point of the projecting sign.
Subd. 7. Distance. Maximum distance between sign and building face is one foot.
Subd. 8. Design details. Signs cannot block or obliterate design details, windows or
cornices of the building upon which they are placed.
556.05. Building height. Subdivision 1. New buildings, building and additions and redeveloped
or remodeled buildings will complement the existing pattern of building heights.
Subd. 2. Height . Buildings in the overla y district may not exceed four stories or 45 feet
in height.
556.06. Buildings. Subdivision 1. Buildings in the overlay district
will together create the “wall of buildings” effect associated with traditional “Main Street” areas.
HopkinsCityCode Zoning 55703 Subd 4
Subd 4 Lighting Backlitorilluminated awningsarenotallowed
Subd 5 Projecting Awnings mustproject aminimumof36 fromthebuilding
55704 Signs Subdivision1 Signswillbearchitecturally compatiblewiththestyle
composition materials colors anddetailsofthebuildingtowhichtheyareaffixed andwithother
signs onnearbybuildings while providingforadequateidentification ofthebusiness
Subd 2 Lighting Internallyilluminated signs notincludingneon areprohibited
exceptfor theatersignage
Subd 3 Prohibited PylonsignsareprohibitedonMainstreet
Subd 4 Monumentsigns Monumentsigns nomorethatninesquarefeetareallowed
Thebaseofthemonument signshall benotmorethanninesquarefeet
Subd 5 Windowsignage Temporarywindowsignsarelimitedtoonethirdofthe
window surfacearea
Subd 6 Size Thecombination ofneon permanently painted andtemporary window
signs shallnotexceedatotaloftwo thirdsofthewindowsurfacearea forthatfacade
Subd 7 Projecting Projectingsigns willhaveamaximumsizeof12square feetanda
maximumwidthofthreefeet Projectingsignscannot extendhigherthanthefirstfloorofthe
building Nolessthan10feetofclearanceshallbeprovidedbetweenthesidewalksurfaceand
thelowestpointoftheprojectingsign
Subd 8 Distance Maximumdistance betweensignandbuildingfaceisonefoot
Subd 9 Designdetails Signscannot blockorobliterate designdetails windowsor
cornices ofthebuilding uponwhichtheyareplaced
55705 Buildingheight Subdivision 1 Newbuildings buildingandadditionsandredeveloped
orremodeledbuildingswillcomplementtheexisting patternofbuildingheights
Subd 2 Height Buildings intheoverlaydistrictmaynotexceedfourstoriesor45feet
inheight
55706 Setbacks Subdivision1 Newconstruction andinfillbuildings willabutMainstreet
right ofwayexcept forthefollowing
a AportionofthebuildingmaybesetbackfromMainstreetinordertoprovide
anarticulatedfaçadeoraccommodate abuildingentrance feature providedthatthetotal
areaofthespace createdmustnotexceedonesquare footforeverylinearofbuilding
frontage
Section 557Page 2
1
504887v1 DTA HP145-9
Kennedy 470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis MN 55402-1458
(612) 337-9300 telephone
(612) 337-9310 fax
sriggs@kennedy-graven.com
http://www.kennedy-graven.com
Affirmative Action, Equal Opportunity Employer
&
Graven
C H A R T E R E D
__________________________________________________________________
DAVID T. ANDERSON
Attorney at Law
Direct Dial (612) 337-9274
Email: danderson@kennedy-graven.com
MEMORANDUM
Date: August 4, 2017
To: Jason Lindahl, Hopkins City Planner
From: David T. Anderson, Assistant City Attorney
Re: City of Hopkins – Sign Ordinance Review Comments
I. Introduction
This memorandum provides comments related to my review of the Hopkins Sign Ordinance,
codified at section 570 of the Hopkins City Code (hereinafter, the “Ordinance”). Per your
request, I have reviewed the Ordinance to determine its compliance with constitutional law
principles and, more specifically, recent court decisions interpreting the First Amendment. My
focus was twofold, first to identify any significant First Amendment issues which may exist, and
second to determine the sufficiency of the City’s enforcement mechanisms contained within the
Ordinance. This memorandum does not opine as to the appropriateness of the Ordinance’s actual
sign regulations from a planning perspective (non-legal issues), as those matters are left to the
discretion of the City’s planning staff and governing body.
II. Review
From a legal perspective, there are generally two distinct areas of specialized concern related to
local sign ordinances. The first is content neutrality, and the second is staff discretion. Each
issue, as it relates to the Ordinance, is addressed separately below.
&
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504887v1 DTA HP145-9
a) Content Neutrality
The general rule for sign regulations is that if a government agent must read the content on the
sign (i.e. the message) in order to apply a local regulation, the regulation itself is content-based
and likely to raise First Amendment concerns. Therefore, rather than regulating based on content,
cities should regulate signs based on physical attributes, such as size, location, quantity,
illumination, and other physical characteristics that do not require reference to the actual
message contained on signs.
With respect to content neutrality, the Ordinance is extremely content neutral. There are no
readily identifiable content-based regulations that cause significant concern. There is, however,
one rather minor content-based provision contained within the definition of the term “abandoned
sign” at section 570.05, subd. 2. Although it is not egregious, determining whether a sign is
abandoned may require City staff to reference the content to determine if it “pertains to a time,
event or purpose which no longer applies….” Interestingly, other than defining what an
abandoned sign is, the Ordinance does not further regulate abandoned signs in any way, which
was likely unintentional. Therefore, I suggest either removing the definition of abandoned sign
altogether, or, if you intend to prohibit or further regulate abandoned signs, which is probably a
good idea, I suggest slightly tweaking the definition to read as follows:
Any sign and/or its supporting sign structure which has been removed or whose
display surface remains blank for a period of one (1) year or more. Signs
applicable to a business temporarily suspended because of a change in ownership
or management of such business shall not be deemed abandoned unless the
property remains vacant for a period of one (1) year or more. Any sign remaining
after demolition of a principal structure shall be deemed to be abandoned. Signs
which are present because of being legally established nonconforming signs or
signs which have required a conditional use permit or a variance shall also be
subject to the definition of abandoned sign.
Additionally, while the Ordinance does expressly impose regulations based on whether a sign is
“on-premise” or off-premise,” current case law suggests that such regulations do not violate the
First Amendment. While this type of regulation is content-based and, thus, more vulnerable to
legal challenges, distinguishing between on-premise and off-premise signs is something that
courts have generally upheld as a valid content-based sign regulation.
Overall, it appears the Ordinance was carefully drafted to avoid any content-based regulations.
Furthermore, the Ordinance contains a well-written message-substitution clause (section 570.45)
and severability clause (section 570.03), both of which may help avoid issues when dealing with
sign challenges. Other than the recommendation above regarding abandoned signs, I do not
suggest any other modifications in terms of content-neutrality.
b) Staff Discretion
The second area of sign regulation that commonly leads to legal challenges relates to the amount
of discretion afforded to staff members in charge of issuing permits. In other words, how much
3
504887v1 DTA HP145-9
leeway does City staff have to deny a sign permit application? Strictly speaking, if all of the
requirements of the code are met (e.g., the proposed sign meets physical, lighting, placement
specifications, etc.), a sign permit should be granted. After merely applying the Ordinance’s
regulations, staff should have no additional discretion to deny a permit.
In this respect, the Ordinance’s permitting scheme appears generally fine. It does not seem to
afford City staff with unbridled discretion to deny permits, and it further makes clear that the
content of the message or speech displayed on the sign shall not be reviewed or considered in
determining whether to approve or deny a sign permit. It may be useful, although not necessary,
to expressly clarify in the Ordinance that if a proposed sign meets the various requirements, a
permit shall be issued.
c) Enforcement Mechanisms
The Ordinance’s enforcement section appears relatively thin. Section 570.15 provides that a
violation of the Ordinance is a misdemeanor, authorizing the City to enforce the Ordinance by
way of criminal charges. However, there does not appear to be an express mechanism or
procedure in place for the removal of unlawful signs. The City should have a clear way to
remove signs that violate the Ordinance.
There are different ways to implement procedures that might allow sign removal, including
deeming unlawful signs a public nuisance (subject to abatement under section 615 of the City
Code), or merely authorizing City staff, following notice, to remove unlawful signs and hold
them for a period of time for pickup.
Finally, the Ordinance might benefit from a provision that addresses signs that are poorly
maintained, unsightly, or in disrepair, but otherwise meet the City’s requirements. Put
differently, the City should have a way to intervene when a sign that is entirely lawful under the
Ordinance is poorly maintained by its owner or operator. Under these circumstances, the City
should have the ability to require that the owner make necessary repairs or risk losing the sign.
An example of this type of provision is below:
Signs which may be or may hereafter become rotted, unsafe or unsightly shall be
repaired or removed by the owner or lessee of the property upon which the sign
stands upon reasonable notice by the city. The owner, lessee or manager of any
sign that contacts the ground and the owner of the land on which the same is
located shall keep grass, weeds and other growth cut and shall remove all debris
and rubbish from the area beneath the sign. If the owner, lessee or manager of the
property fails to act in accordance with this paragraph, such failure to act shall
constitute a public nuisance, and the city may seek injunctive relief through a
motion for summary enforcement, or obtain an administrative search and seizure
warrant for removal of the sign in question. All costs incurred for removal may
be charged to the owner of the sign and/or property owner and if unpaid, certified
to the county auditor as a lien against the property on which the sign was located.
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504887v1 DTA HP145-9
By amending the Ordinance to include the types of provisions suggested above, City staff will
have more flexibility when it comes to enforcing its sign regulations.
III. Conclusion
Other than the recommendations contained herein, the Ordinance appears relatively well-written.
If you have any questions regarding this information or if you would like additional information,
please contact me. In the event that the City would like to amend the Ordinance based on any of
these comments, I would be happy to either draft the amendments or otherwise be involved in
any way that might be helpful.
DTA:jms