2003-902
CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO. 2003-902
AN ORDINANCE REGULATING TELECOMMUNICATIONS
TOWERS, ANTENNAS AND RELATED FACILITIES
WITHIN THE CITY OF HOPKINS
The City Council ofthe City of Hopkins makes the following findings:
1, The Federal Commmucations Act of 1934 as amended by the
Telecommmucations Act of 1996 ("the Act") govems the construction, placement, and
modification of personal wireless service facilities. Consistent with the Act, the general
purpose of tlus section is to manage the placement, construction, alld mbdification of
telecommunication towers, antennas and related facilities in order to protect the health,
safety and welfare of the public, while not mlreasonably interfering with the development
of the competitive wireless telecommunications marketplace in the city.
2. hl furtherance ofthe goals of the city, and within the framework of the Act
and state law, the city will give due consideration to the city's comprehensive plan, zOlung
districts, existing lalld uses, and environmentally sensitive areas in approving sites for the
location oftowers and antennas. Specifically, the purposes ofthis section are:
a. to mallage the location oftelecommunication towers and facilities;
b. to protect residential areas alld land uses from potential adverse impacts of
telecommunication towers alld facilities;
c. to minimize adverse visual impacts of telecommmucation towers and facilities
through design, siting, landscaping, and innovative camouflaging techIuques;
d. to promote and encourage shal"ed use and collocation of teleCOlllillUllication
towers and antenna support structures and the utilization of advanced technology
when it becomes available;
e. to avoid damage to adjacent properties caused by telecommunication towers
and facilities by ensuring that those structures are soundly and carefully designed,
constructed, modified, maintained and promptly removed when no longer llsed or
when determined to be structurally unsound;
f. to ensure that telecommunication towers and facilities are compatible with
sUlToUllding land uses; and
Hopci vi l\Ord inance. towers
g. to facilitate the provIsIon of wireless telecommmucations serVIces to the
residents and businesses ofthe city in an orderly fasluon.
3. Adoption of this Ordinance will serve the purposes stated above.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HOPKINS,
MINNESOTA, DOES HEREBY ORDAIN:
Section 1. The Ordinance Code of the City of Hopkins is hereby alnended by repealing
Subsections 560.02 and 560.03 and enacting the following new Sections 560.02 through
560.14:
560.02. Transmission To',ver Commercial. Commercial transmission tmvers shall be
penmitted ',vith a conditional ase permit in the industrial districts subject to the follo\ving
conditions:
a) commercial transmission towers shall be in compliance v/ith all
city building and electrical code requirements;
b) verification that the stmctural design has been approved by a
professional engineer;
c) verification that the mounting system and installation have been
appro';ed by a professional cngineer;
d) submission of written aathorization from the propeliy O\vner;
e) no advertising message shall be on the tovler stmctare;
f) shall comply with setback requirements for principal stractares and
in no event shall be located behveen the principal structure and the front
lot line;
g) trunsmisnion towers that are not self supporting shall be sappOlied
by objects within the property lines but not in any front ym-d areas;
h) the base of transmission tmvers, inclading guy wires, s.....~ppOliing
and accessory structures shall be screened to the greatest extent practicable
to minimize visual impacts on surrounding properties. Screening shall
incbde landscape materials or architectural features that harmonize ','/ith
the elements and characteristics of the property for groand mounted
towers and materials compatiblc with thosc utilized on the exterior of the
building for roofmolUlted antennas;
i) tmvem located closer to a prop81ty line than the height of the tm;ver
shall be designed and engineered to collapoe progressively v/ithin the
distance behveen the tower and the property line except if there is 0. use
that the City Council indicates will not be affected by a tovler collapse;
(i.e. railroad right of ',vay, lake, creek, unbuildable land);
Hopcivil\Ordinance.towers 2
j) to'.ver shall be in compliance ',vith all applicable federal
cormn:.mications commission (FCC) requirements;
k) towers shall be in compliance with all applicable federal aviation
administration (F P"-'.^..) requirements;
I) towers shall require security fencing of 1 0 feet in height around the
baset
m) towers shall not be artificially lighted unless req'.1ired by the F.^u^...
or state aeronautics division;
n) at least tv,'o off street parking spaces and one additional space for
each 1:\'10 on site personnel '.vill be pro",'ided;
0) all transmission towers shall be built to stmcturallyaccommodate
the maximum number of foreseeable uses technically practicable;
p) no conditional use permit will be granted for a trnnmnission tov,'er
until the existing transmission to',ver is fully utilized;
q) that one commercial trmlsmission tower is allowed per site;
r) that the maximum height of u commercial transmission tower is 75
feet. (/\mended Ord. No. 91 672)
560.03. Antennas. P~tennas used for a commercial use may be attached to
existing str'.1ctures in residential, b'..lsiness and industrial districts providing no anteillla is
20 feet above the existing stmcture. Four providers may be allO\ved on un existing
otr'.1cture.(Ord. 91 672) (Amended Ord. 2000 841)
Subd. 515.00. Definitions. The definitions stated in Section 515 of this Code are
applicable to Subsections 560.02 - 560.15. hl addition, when used in Subsections 560,02 -
560.15, the following words and phrases have the meaning stated below unless the context
clearly indicates a different meaning:
Subd.33. Co-location. The use of a wireless communications facility by more than
one wireless telecommunications provider.
Subd. 64. Equipment shelter or cabinet/ground equipment. An enclosed stmcture
at the base of or near a tower or antennae within which are housed. alllong other things,
batteries, wireless communications facilities or electrical equipment which may be
cOilllected to the antenna or tower by cable.
Subd. 83. High-lise apaliment. A multi-dwelling building with four or more floors
in height.
HopciviJ\Ordinance.towers 3
Subd. 112. Mid-rise apartment. A multi-dwelling building with three or more
floors in height.
Subd. 163. Stealth design. A wireless cOllllTIlullcation facility that is designed to be
screened or to blend in with its surroundings and appropriately models or mimics the size,
shape and color of something in the immediately surrounding area which could be legally
placed there at the time the application is submitted. Examples of stealth design include
architecturally screened roof-mounted antennas, facilities integrated into architectural
elements, alld facilities designed to blend with or be integrated into light poles, utility poles,
trees, steeples, or flag poles.
Subd. 172. Telecoll1l1lunications tower or "tower". A self-supported lattice, guyed
or monopole structure constructed from grade that suppOlis wireless communication
facilities.
Subd. 190. Wireless communication facility. A facility for the provIsIOn of
wireless commlullcations services, as defined by the Telecommmllcations Act of 1996,
including all hardware that provides wireless communication services including antennas,
towers and all associated equipment.
Subd. 191. Wireless telecommunications antenna or antelma. A physical device
attached to and supported by a building or stmcture other thall a tower through which
electromagnetic, wireless telecommlullcations signals authorized by the Federal
COlmnlullcations Commission are trallsmitted or received. Antemlas used by amateur radio
operators aloe excluded from this definition.
Other definitions listed in Section 515, aloe to be renumbered accordingly.
560.02. Tower approval. Subdivision 1. Towers may not be constructed in all industIial
zoning disuict unless such use is a conditional use in the zoning district in which
construction is proposed.
Subd. 2. Conditional use permit. Towers may not be constmcted in an industrial
disuict unless a conditional use permit has been issued by the city cOlU1cil.
Subd. 3, Building peImit. Towers may not be consuollcted in an indusuial disuict
unless a building permit has been issued by the building official.
Subd. 4. City propeIiy. The city may authorize the use of-city property for towers in
aCCOrdallCe with the procedures of this code.
Subd. 5. Zoning districts. A tower is not a pennitted use in any zoning district.
Subd. 560.03. Towers. Subdivision 1. A tower may be peImitted as a conditional use in
the indusuial zoning districts only. In order to be eligible for a conditional use permit, the
Hopcivi1\Ordinance.towers 4
applicant must demonstrate that a newly constructed tower is necessary because co-location
on all existing tower is not feasible. The following are the application requirements:
a) A completed application including the following:
1. nalTIe, address, and telephone number of the applicant;
2. nalne, address, and telephone number of the owner(s) of the property on
which the tower is proposed to be located;
3. legal description of the parcel on which the tower is proposed to be
located;
4. written evidence of approval, easement or license for the proposed tower
from the property owner(s) to the applicant;
b) A site plan shall be submitted. This plan will be a scaled, surveyed site plan
indicating the location, type and height of the proposed tower, the existing lalld uses and
zoning of the subject parcel, all building uses' with 300 feet of the proposed facility,
adjacent roadways, proposed means of access, setbacks from propeIiy lines, drawings of
the proposed tower showing elevation alld other stmctures, topography, parking, and
depicting the proposed tower design.
c) Each applicant shall provide evidence and demonstrate the applicallt has made
written contact with all wireless service providers who supply service within a quarter mile
of the proposed tower. The appliCallt shall inquire about potential collocation opportunities
at all technically feasible locations. The contacted providers shall be requested to respond
in writing to the inquiry within 30 days. The applicallt's letter (s) as well as responses(s)
shall be presented to the City as a meallS of demonstrating the need for a new tower.
d) Documentation such as coverage maps showing the need for a tower at the
proposed site in order to close a gap in the applicant's wireless telecommunication service
or a gap in the service provided by a person intending to place wireless commmucations
facilities on the tower.
e) A structural engineering report certifying that the tower will have a wind load
capability equaling three (3) times the maximum wind load capacity necessary to support
the first provider's wireless communications facilities, the ability of the tower to
accommodate co-location totaling three (3) wireless service providers wireless
communications facilities alld a statement by the applicant affirming its intent to
accommodate the collocation of additional wireless communications facilities for futme
users.
f) A lalldscape plan showing specific landscape material, method of fencing,
finished color alld, if applicable, the method of canlOuflage alld lighting.
g) Representation of the visual impact ofthe proposed tower as follows:
Hopcivil\Ordinance.towers 5
1. Photographs taken from the periphery of the subject area from the
north, south, east, alld west ofthe proposed tower.
2. Each of the existing condition photographs shall have the proposed
tower superimposed on it to show what will be seen after tower
construction.
h) A fee established by resolution by the City Council that shall cover the
reasonable costs of application process and review, The applicant shall also reimbmse the
City for the reasonable cost of a review by a radio frequency (RF) engineer, other technical
review as needed and/or legal counsel retained by the City.
i) Other infonnation deemed by the planning department to be necessary.
Subd. 560.04. Performance Standal'ds. Subdivision I, The following aloe the perfol1nance
standards for towers, antemlas, alld equipment shelters:
a) The location of towers, antemlas, alld equipment shelters shall comply with all
natural resource protection established in the zoning ordinallCe,
b) Security fencing ten feet in height shall surround the tower and equipment
shelter, either completely or individually as detennined by the City Council and approved
in the site plall.
c) Equipment shelters and stmctures accessory to a tower and antemla must be
designed to blend in and be compatible with the surrounding enviromnent and neighboring
uses alld to meet such setback requirements as are compatible with the actual placement of
the tower. GrOlU1d mounted equipment must be screened from view with suitable
vegetation, except where a design of non-vegetative screening better reflects alld
complements the character of the surrounding neighborhood. Equipment shelters shall be
placed lU1derground if physically feasible.
d) Existing vegetation (trees and shrubs) shall be preserved to the maximum extent
possible.
e) The tower shall be painted a non-contrasting gray or similar color minimizing its
visibility, unless otherwise required by the Federal Communications Commission (FCC) or
Federal Aviation Administration (FAA).
f) The use of any portion of a tower for signs other than wal11ing or equipment
infonnation is prohibited.
g) Towers may be located closer to the property line of the pal"cel on which the
tower is located than the height of the tower only if adjoining propeliies are used for a use
that the City Council finds will not be affected by a tower collapse: (i.e. rail road light-of-
Hopcivil\Ordinance.towers 6
way, lake, creek, unbuildable land).
h) Towers shall be built to structurally accommodate the maximum number of
foreseeable uses technically practicable.
i) One tower is allowed per site.
j) Towers shall be designed to ensure that visual intrusiveness and impacts on
nearby properties is mitigated to the greatest extent feasible.
k) Towers must be designed and certified by an engineer to be structurally sound
alld in conformance with the UnifOlm Building Code, and any other stalldards set forth in
this code.
I) Towers may not be artificially lighted except as required by the Federal Aviation
Administration. If so required, lighting shall be of a type, color, and intensity so as to
minimize visual intrusiveness, particularly at night.
m) Towers must be self-supporting without the use of guys, wires, cables, beallls or
other means. Towers must be a monopole design.
560.05. Sole Use. Subdivision 1. Wireless communications facilities proposed as a sole
use on any lot in all industrial zoning district are subject to the following conditions:
a) The lot must meet the minimum lot size for the district.
b) The minimum distance from allY tower to allY R-l zoning district shall be the height
of the tower plus 100 feet. Towers shall have a minimum setback from any other
zoning distIict equal to the height of the tower plus 10 feet, lmless otherwise
provided in the ordinance. Setbacks are measmed from the base of the tower to the
property line ofthe parcel on which it is located.
c) Equipment shelters shall comply with the minimum setbacks for the district.
d) Maximum height:
Tower: 75 feet measured from grade
Equipment shelter: 10 feet
e) Maximum size of equipment shelter - 200 square feet for a single shelter, or, if
there is more than one, 400 total square feet. Equipment shelters shall be placed
under-gromld if physically feasible.
f) The wireless communications facility shall be fully automated alld mlattended on a
daily basis, and shall be visited only for periodic alld necessary maintenance
(except dming construction or all emergency).
Hopcivi1\Ordinance.towers 7
560.06. Combined with another use. Subdivision 1. A wireless cOlmnunications facility is
pennitted on a lot in an industrial zoning district together with an existing use subj ect to the
following conditions:
a) The existing use on the lot may be any permitted use in the district or any
lawful nonconfonning use, and need not be affiliated with the wireless telecOlllinunications
provider. The wireless communications facility will not be considered all addition to the
structure or value of a nonconforming use.
b) The wireless communications facility shall be fully automated alld unattended
on a daily basis, and shall be visited only for periodic alld necessary maintenallCe (except
dming construction or an emergency),
c) The minimum lot area shall be the area needed to accOlllinodate the tower (alld
guy wires, if used), the equipment shelter, security fencing and buffer plallting.
d) The minimum distance fi-om any tower to allY R-l district lot line shall be the
height of the tower plus 100 feet. Setbacks are measured from the base of the tower to
the propeIiy line ofthe parcel on which it is located. Towers shall have a minimum setback
from any other zoning district equal to the height of the tower plus 10 feet, unless otherwise
provided in the ordinance. Setbacks are measured from the base of the tower to the
property line ofthe parcel on which it is located.
e) Equipment shelters shall comply with the minimum setback requirements for
district.
f) Access - the service access to the equipment shelter shall, whenever feasible,
be provided along the circulation driveways ofthe existing use.
g) Maximum height:
Tower: 75 feet measured from grade,
Equipment Shelter: 10 feet
h) Maximmn size of equipment shelter - 200 squal"e feet for a single shelter, or if
there is more thall one, 400 sqUal"e feet. Equipment shelters shall be placed lll1derground if
physically feasible.
i) All ground equipment shall be housed within an existing structure whenever
possible. If an equipment shelter is necessary, it shall be situated as to be screened from
view by landscaping.
Subd. 560.07. Wireless telecommunications alltennas. Subdivision 1. Wireless
telecolTIlTImllcations antemlas attached to existing buildings or structures are permitted in
Business, hlstitutional, Business Park, alld hldustrial zoning districts. Wireless
Hopcivil\Ordinance.towers 8
telecommunications antemlas are not permitted in R-l zoning districts, In applying for a
building permit for a wireless telecommmucations antemla, the applicallt must present
substantial evidence as to why it is not teclnucally feasible to co-locate. Once those effOlis
have been exhausted, a wireless telecommunications antemla may be located on an existing
building or structure subj ect to the following conditions.
a) Maximum height 20 feet above the existing building or structure.
b) Wireless telecommunications antennas attached to a public facility, such as
a water tower, shall be integrated with the design, material, shape alld color of, alld shall
not be visibly distinctive from, the public facility.
c) If the applicant proposes to locate wireless communications facilities in all
equipment shelter (not located in, attached to, or on top of the building), the shelter shall
comply with the following:
1. The miIumlU1l setback requirements for the subject zOlung distlict.
2. A buffer yard may be plallted in accordance with section 560.02c.
3 . Vehicular access to the shelter shall not interfere with the pal'king or
vehiculal" circulation on the site for the principal use.
4. The maximum size of the equipment shelter shall not exceed 200
square feet, or, if there is more than one, 400 squal"e feet.
5. Up to four providers may be allowed on an existing building or
structure,
6. Maximum height 10 feet.
7. Equipment shelters shall be placed underground if physically
feasible.
Subd. 560.08. Antennas in residential zoning dist11cts. Subdivision 1. Wireless
cOlmmuucations facilities that include towers are not permitted in residential zoning
districts. Wireless telecommunications alltennas are not pennitted in R-l zoning distIicts.
Antennas attached to existing buildings or structures are permitted in R-2, R-3, R-4, R-5,
and R-6 zoning districts. In applying for a building permit for a wireless
telecommunications antenna in any such residential district, the applicant must present
substantial evidence as to why it is not tech1ucally feasible to be located in a more
approp11ate nonresidential zone. Provided that is demonstrated, a wireless
telecOlmnmucations antenna may be located in an R-2, R-3, R-4, R-5 or R-6 zoning district
subject to the following conditions:
Hopcivil\Ordinance.towers 9
a) Combined with a nonresidential use. An alltelma may be attached to a
nonresidential building or a structure that is a permitted use in the district; including, but
not limited to a church, a municipal or govemmental building or facility, and a building or
structure owned by a utility. The following conditions shall be met:
1) Maximum height: 20 feet above the existing building or structure.
2) If the applicant proposes to located the wireless commmllcations equipment
in a separate equipment shelter, the equipment shelter shall comply with the
following:
i) The equipment shelter shall comply with the mmImum setback
requirements for the subject zoning district.
ii) The maximum size of the equipment shelter shall not exceed 200 square
feet, or if there is more thall one, 400 total square feet.
iii) A buffer yard shall be plallted in accordance with section 560.02 c
iv) Vehicular access to the equipment shelter shall not interfere with the
parking or vehicular circulation on the site for the PIincipal.
v) The antemla shall be fully automated and unattended on a daily basis,
and shall be visited only for periodic and neceSSal-y maintenallce.
vi) Maximum height 10 feet.
vii) Equipment shelters shall be placed lU1dergrOlmd if physically feasible
b) Antemlas located on residential buildings. An alltenna for a wireless
commmllcations facility may be attached to a mid-rise or high-rise apartment buildings
only in the R-2 - R-6 zoning districts subject to the following conditions:
1) Maximum height: 20 feet above the existing building.
2) If the applicant proposes to locate the wireless commmllcations equipment
in a separate equipment shelter (not located in, attached to, or on top of the
building), the shelter equipment shall comply with the following:
i) The equipment shelter shall comply with the minimum setback
requirements for the subj ect zOlllng district.
ii) The maximmn size of the equipment shelter shall not exceed 200 square
feet, or ifthere is more than one, 400 total sqUal-e feet.
l-lopcivil\Ordinance.towers 10
iii) A buffer yard shall be planted in accordance with section 560.02c.
iv) Vehicular access to the equipment shelter shall, if all possible, use the
existing circulation system.
v) The antenna shall be fully automated and unattended on a daily basis,
and shall be visited only for periodic and necessary maintenance.
vi) Up to four providers may be allowed on an existing building.
vii) Maximum height 10 feet.
viii) Equipment shelters shall be placed underground if physically feasible,
560.09. Abandoned antennas, and towers removal. Subdivision 1. Aballdoned or unused
towers, alltemlas, and associated wireless cOlmnunications facilities must be removed
within ninety days of the cessation of operations of the wireless cOlTIlnlmications facility at
the site unless an extension is approved by the City Council. Tower foundations shall be
removed to eighteen (18) inches below grades.. Should the owner of allY tower fail to
remove the tower within ninety (90) days of cessation of operation, such tower is declared
to be a public nuisance and may be removed by the city, and the costs of removal, may be
assessed against the lot on which the tower is located, purSUallt to Minnesota Statute
Chapter 429 alld the Hopkins City Code. The conditional use pel11lit for allY tower shall
establish an amount to be posted by bond, letter of credit, cash or equivalent by the
applicant that will cover the projected cost of removal of towers, antemlas, alld equipment
shelter/cabinet in the event of abandonment.
560.10. Right-of-Wav. Subdivision 1. Except by PIior written approval of the city, no
part of allY tower or wireless cOlnmlmications facilities, nor any line, cable, equipment,
accessory buildings, wires or braces shall at any time extend across or over allY pali of the
right-of-way, public street, highway, sidewalk or propeIiy line.
Subd. 2. Height. An antenna attached to an existing pole in the right-of-way
cannot exceed a combined height of 40 feet.
560.11. Stmctural Inspections. Subdivision 1. The city may conduct inspections at any
time, upon reasonable notice to the property owner and the tower owner to inspect the
tower for the purpose of determining if it complies with the UnifOlm Building Code and
other constmction standards provided by the city code, federal and state law. The City's
expense related to such inspections will be borne by the tower owner or property owner.
Based upon the results of all inspection, the building official may require repair,
modification or removal of a tower.
560.12. Radiation Emission Inspections, Subdivision 1. The owner of a tower or wireless
cOlnmlmications facility shall alU1ually provide the City with cunent technical evidence of
Hopcivil\Ordinance.towers 11
compliance with FCC {OET -65} radiation emission requirements no later thall December
31 of each calendar year.
560.13. Maintenance. Subdivision 1. Towers and wireless communication facilities
must be maintained in accordance with the following provisions:
a) Tower owners must employ ordinary and reasonable care in construction and
use commonly accepted methods and devices for preventing failures and accidents that
are likely to cause damage, injuries, or nuisances to the public.
b) Owners must install and maintain towers, wireless communications facilities,
wires, cables, fixtures and other equipment in compliance with the requirements of the
National Electric Safely Code and all FCC, State, and local regulations, and in such a
manner that they will not interfere with the use of other propeIiy.
c) Towers, wireless communications facilities, and antenna suppOli stmctures
must be kept and maintained in good condition, order, and repair.
d) Maintenance or construction on a tower, wireless communications facilities or
antenna support structure must be perfonned by qualified maintenance and construction
personnel.
e) All users of any tower must comply with radio frequency emissions standards
of the FCC (OET -65) and provide proof of compliance annually by written report
certified by an engineer. If the permittee fails to submit timely proof of cOlnplial1Ce
alIDually, the city may retain its own engineer to test for compliance. The provider shall
reimburse the city for its costs in carrying out the tests.
f) If the use of a tower is discontinued by the tower owner, the tower owner must
provide written notice to the City of his intent to discontinue use and the date when the
use will be discontinued.
560.14. Failure to Com-ply; Permit Revocation, Subdivision 1. If the tower owner fails
to comply with any provision of the city code, federal or state law, the applicable pennit
or conditional use permit requirements, the city may impose penalties for noncompliance,
or it may revoke the conditional use pennit in accordance with the following provisions.
Subd 2. Except as provided in subdivision 3 below, a conditional use pennit
revocation shall be preceded by wlitten notice to the permittee of the alleged violation(s),
the oppommity to cure the violation(s) during a period not to exceed thiIiy (30) days
following receipt ofthe written notice and a hearing before the city council at least fifteen
(15) days after receiving written notice of the hearing. The hearing shall provide the
pennittee with an opportunity to show cause why the conditional permit should not be
revoked.
Hopcivil\Ordinance.towers 12
Subd. 3. If the city finds that exigent circumstances exist requmng immediate
conditional use permit revocation, the city may revoke the pelmit and shall provide a
post-revocation hearing at least fifteen (15) days after pemlittee's receipt of written
notice of the hearing.
Subd. 4. Any decision to revoke shall be in writing and supported by substalltial
evidence contained in a written record.
560.15. Insurance. Subdivision 1. The tower owner shall provide evidence satisfactory
to the City that its tower alld wireless communication facilities thereon are adequately
insured for injury and property damage. Upon request, the holder of a conditional use
permit issued under this chapter shall submit to the zoning administrator a photocopy of a
certificate of insurance showing that the tower or wireless communications facility is
insured for that calendar year.
560.16. Variances. Subdivision 1. Val-iallCeS from the requirements of this Ordinance
may be granted by the City Council only as provided below:
Subd. 2. A variance may be granted if the applicant shows by clear and
convincing evidence that the applicant, its tenallts Call1lot meet reasonable service quality
needs of wireless telecommunications users in the city without a VariallCe from the
requirements of this ordinance.
Subd. 3. If the applicant makes the showing required by Subd. 2" the applicant
shall demonstrate and the City COlUlcil must consider the following additional factors in
detennining whether to grant a variance:
a) Whether there are exceptional or unique circumstances that apply to the
property because oflot size or shape, or topography, or other circumstances
over which the owners of the property have no control;
b) Whether special conditions or circumstances exist that were not created by
the applicant or the owner of the property or their predecessors;
c) Whether the variance would be detrimental to the public or to the owners of
other property in the vicinity; and
d) Whether the variance requested lS the mlmmmn vanance that would
alleviate the hardship.
Subd. 4. A variance will be granted only in instances where the strict
enforcement of the requirements of this ordinance would cause undue hardship or a
detennination is made that denial of a Valiance under the facts presented would be
contrary to law. Economic consideration alone will not constitute an undue hardship if
reasonable use of the property exists lmder the terms of this ordinance.
Hopcivi1\Ordinance.towers 13
First reading: May 6, 2003
Second reading: May 20, 2003
Date of publication: May 29,2003
Section 2. This ordinance shall be in full force and effect upon its passage and publication.
Passed by the City Council of the City of Hopkins, Minnesota, this _ day of
2003.
E~L~
Mayor, City of Hopkins
ATTEST:
APPROVED AS TO FORM AND LEGALITY:
City Attomey Signature
Date
Hope ivil\Ordinance. towers 14