CR2002-078 - Zoning Amendment - cars
CITY OF
-
I-iOPK\NS
. May 15,2002 Council Report 02-78
ZONING AMENDMENTS - CARS
Proposed Action.
Staff recommends the following motion: Move to adopt Ordinance 2002-873, making
amendments to the zoning ordinance for second reading and order it published.
Overview.
In the fall of 2000, the City Council directed the Plalll1ing Commission to consider amending
the zoning ordinance regarding the number of cars that can be stored on a residential lot. It
was determined that the Plalll1ing Commission would discuss a topic a month to review
various amendments to the zoning ordinance. The Plalll1ing Commission has proposed the
attached amendments.
During the process there were several residents that did speak to the Commission and voice
their concerns.
Primary Issues to Consider.
. What are the proposed amendments?
. What is the history of the amendment?
. . What was the process to notify the public?
. What will be the procedure to enforce the ordinance?
. What has changed in the ordinance since the first reading?
Supporting Documents.
. Analysis of Issues
. Ordinance 02-873
. Diagrams
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Nancy $. Anderson, AICP
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Financial Impact: $_N/A Budgeted: YIN _ Source:
Related Documents (eIP, ERP, etc.):
Notes:
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CR02- 78
Page 2
. Primary Issues to Consider.
. What are the proposed amendments?
Attached is a summary of the proposed amendments:
Section 515 Definitions - New Definitions for the various types of vehicles that will be
regulated. Most of these definitions come from the City Code.
Section 520 Accessory buildings - The existing ordinance does not limit the number of
accessory buildings, only the square footage. The proposed language will limit the number
of accessory buildings to two. This would allow a garage and a shed. (see Diagram 2)
Section 530 Accessory uses - Increases the allowable size of a non-passenger vehicle, fish
house or R V to be stored on a lot. Also allows a non-passenger vehicle over 22 feet to be
stored on a lot with screening. (see Diagram 1)
Section 550 - Off-street parking
. Allows a vehicle to be parked next to a garage as a legal parking space. (see
Diagrams 3 and 4)
. . Limits the number of vehicles parking outside to three. If there are over three
licensed drivers, there can be as many vehicles as licensed drivers, plus one. Non-
passenger vehicles were included in this total number.
. Calmot use the front yard of a lot for a driveway.
. Parking areas on a lot must be on an improved surface. This can be bituminous,
concrete or other hard surface.
. What is the history of the amendment?
The process to review language was started in 2000. The Planning Commission took a
different topic each month and reviewed proposed language on that topic. This process took
most of 2001. In the fall of 2001 the City Council and the Planning Commission reviewed
the proposed language and there were a few changes made as a result of this meeting. It was
also deternlined that the public hearing would be held in the spring of 2002 to allow residents
that were away for the winter have input when they returned.
In April of 2002 the City Council and the Planning Commission had another joint meeting to
review the language again. It was decided at that meeting a public hearing would be set for
April 30 at the Zoning and Planning Commission meeting.
.
CR02- 78
Page 3
. . What was the process to notify the public?
In February of 2001 letters were sent to the neighborhood association presidents and an
article appeared in the Sun Sailor notifying residents of the process and to get input from
residents. Also there were articles in the Highlights regarding the process.
In the spring of 2002 the neighborhood association presidents were notified again and an
article appeared in the Sun Sailor regarding the proposed amendments. Another article will
appear in the May issue of the Hopkins Highlights regarding the proposed amendments. The
legal notice for the public hearing was in the Sun Sailor on April 17.
. What will be the procedure to enforce the ordinance?
The ordinance will be enforced on a complaint basis, except for the spring and fall sweeps
done by the inspection department. Any violations found by the inspectors will be turned
over to the zoning administrator for investigation and enforcement.
. What has changed in the ordinance since the first reading?
Additional language was added to Section 550.03 Subd. 5 to allow lots that exceed the 30
percent coverage or average width to replace or repair the existing driveway with the same
dimensions.
. Alternatives.
1. Approve the zonmg amendments. By approvmg the zomng amendments, the
amendments will regulate cars, RVs and other non-passenger vehicles on residential lots.
2. Deny the zoning amendments. By denying of the zoning amendments, the amendments
will not regulate cars, RVs and other non-passenger vehicles on residential lots.
If the City Council considers this alternative, findings will have to be identified that
support this alternative.
3. Continue for further infornlation. If the City Council indicates that further infornlation is
needed, the item should be continued.
.
.
CITY OF HOPKINS
Hennepin County, Minnesota
Ordinance No. 2002-873
THE COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN AS
FOLLOWS:
That Sections 515, 520, 550, and 560 of Hopkins Code of Ordinances be, and the same
and are hereby amended by amending and adding the following sections:
515.07 Definitions
Subd. 33. Commercial Vehicles. A motor vehicle is a commercial vehicle if:
1. The vehicle is a dump truck, a step van, a tow truck, a semi tractor or trailer, a tank truck, a
tractor. a bus, a construction vehicle or equipment, an earth moving vehicle or equipment,
van or pickup with a manufacturer's nominal rated carrying capacity of more than one ton.;
. 2. Commercial equipment has been added to the vehicle such as winches or snow plows;
3. The vehicle is a pickup with a non-standard pickup box; or
4. The vehicle is a trailer loaded with another commercial vehicle or commercial equipment.
Subd. 49. Driveway. An improved access which connects an off-street parking space to the
public right-of-way.
Subd. 83. Ice Fish House. A shelter on ice for the catching of fish. A fish house may also be
referred to as a dark house.
Subd. 87. Junk Vehicle. Any motor vehicle which is not in operable condition. partially
dismantled, used for sale of parts or as a source of repair or replacement parts for other vehicles.
kept for scrapping, dismantling, or salvage of any kind or which is not properly licensed for
operation.
Subd. 107. Motor Vehicle. Every vehicle which is self-propelled. This does not include lawn
mowers or snow blowers.
Subd. 114. Non-passenger Vehicle. A commercial, military, or recreational vehicle or trailer.
. Subd. 126. Parking Space. An improved paved or gravel area on a lot or within a building
intended for parking of a motor vehicle, which has a means of access to a public street. This
. term is used interchangeably with parking stall and parking facility.
Subd. 128. Passenger Vehicle. An automobile, station wagon, van, sports utility vehicle,
minivan, pickup truck, or motorcycle designed and primarily intended for on-street operation.
Passenger vehicles do not include commercial vehicles, military, recreational vehicles, racing
cars, limousines, or stock cars.
Subd. 136. Racing Car. Any motor vehicle designed or intended for operation on a speedway,
racetrack, or other facility used or designed for high speed contests between two (2) or more
vehicles or for timing of speed.
Subd. 139. Recreational Vehicle
1. Travel trailers lncluding those that telescope or fold down, chassis-mounted campers, house
cars, motor homes, tent trailers, slip-in campers and converted vans that are motor homes as
defined herein.
2. Motor Home. A vehicle that provides temporary living quarters. A vehicle provides
temporary livlng quarters if it (a) is not used as the resldence of the owner or occupant; (b) is
used for temporary living quarters by the owner or occupant while engaged in recreation or
vacation activities; and (c) is self-propelled or capable of being towed on pubEc roads.
. 3. A non-motorized trailer intended and generally used for transporting boats.
4. Snowmobiles, al1 terrain vehicles, boats and any tyPe of water craft. Such vehicles which are
placed on a utility trailer shall, together with the trailer, be considered a single recreational
vehicle.
Subd. 157. Stock Car. A motor vehicle of standard design and construction which is modified,
adapted or altered in any manner to increase its speed or safety, and designed or intended for
operation on a speedway, racetrack, or other facility used or designed for high speed contests
between (2) or more vehicles or for timing of speed.
Subd. 164. Trailer. Any vehicle designed for carrying property on its own structure and for
being drawn by a motor vehicle.
Subd. 165. Trailer bed. That portion of a trailer that is designed to make contact with and bear
the weight of the load to be carried.
Section 520 Zoninc: accessory buildiucs.
Section 520.07 Subd. 3. Area. Accessory buildings to a residential structure may not exceed an
aggregate area of 528 square feet per dwelling unit in the R-2, R-3, R-4, R-5 and R-6 districts.
. The following are the maximum percentages of lot area that can be used for accessory buildings
in each district: R-I-A - 12%; R-I-B 10%; R-I-C - 8%; R-I-D - 6%; R-I-E - 6%. The total
number of accessory buildings allowed to a residential structure is two.
. Section 530 Accessory uses.
530.11 Accessory uses: R districts. The following are permitted accessory uses in R districts:
i) The storage outside of a building but not on a parking space which was included to meet
the minimum standards of this code, one non-passenger vehicle or one building for winter
ice fishing or one boat or one trailer or one camper or one mobile home provided none of
the above mentioned items are over +& 22 feet in length. Said storage shall not be in the
front yard with the following exception for a boat that will be allowed to be parked in the
driveway from May 1 to October 31.
k) The storage outside of a building but not on a parking space which was included to meet
the minimum standards of this code, one non-passenger vehicle over 22 feet in length.
This non-passenger vehicle shall be no closer than five feet from the lot line. Screening
is required. Screening requires both the use of a fence and plants. The fence must meet
the requirements of Section 520.13. In addition to fencing, landscaping must be used.
The landscaping can be shmbs or trees that will grow to the height of the vehicle when
they reach maturity.
I) Recreational vehicles can be parked on the driveway for up to 48 hours for loading,
unloading or routine maintenance. At these times, the RV must be parked in the
driveway, not the street.
.
Section 550 Zonioe.: off-street parkine.
550.01 Subd. 3. Yards. Parking areas shall be subject to front yard setback requirements in
accordance with the district in which such parking areas are located. Parking lots for
nonresidential uses for more than six cars located in residential areas shall comply with yard
setback requirements. Parking is allowed in driveways leading to garages, carports and legal
parking areas. One vehicle may be parked on the garage side yard on a residentially zoned lot
provided the vehicle is five feet or more from the property line.
There shall be no parking of vehicles in the rear yard, except for the following:
1. One vehicle can be parked next to a garage on an improved parking space in the rear yard.
2. If the lot does not have a garage in the rear yard, one vehicle may be parked on an improved
parking space in the rear yard.
550.01 Subd.9. Number of Vehicles. No more than three (3) passenger vehicles can be parked
or stored outside an enclosed building at a single family residential home. For a duplex, six (6)
passenger vehicles can be parked or stored outside. Ifthere are three or more persons residing at
a single family dwelling who have valid Minnesota driver's licenses showing the residence
. address, then the total number of passenger vehicles allowed to be parked outside is increased to
a number equal to the number of licensed drivers residing at the property, plus one passenger
. vehicle. The provisions of this paragraph shall not apply during snow emergencies. If a single
family residential home has a commercial vehicle, non passenger vehicle or RV, the total number
of vehicles parked outside the garage cannot exceed the limits listed above.
550.01 Subd. 10. Coverage. Total parking and driveway area does not occupy more than 30
percent of the front yard and the average width of a driveway shall not be more than 24 feet.
Repair or replacement of existing driveways shall be allowed irrespective of front yard coverage
or width of said driveways. Expansion of existlng dimensions shall not be allowable under the
terms of Subd. 10.
550.03 Subd. 5. Surface. Off-street parking areas for more than six vehicles shall be surfaced
with asphaltic or portland concrete and each parking stall shall be kept clearly marked on the
surface. All vehicles on residential lots must be stored on an improved surface. This improved
surface shall be bituminous, concrete, or other hard surface material approved by the city to
control dust and drainage. The improved surface must be below the entire vehicle.
Other uses listed in Sections 515,520,530, and 550 are to be renumbered accordingly.
First Reading: May 7,2002
Second Reading: May 21, 2002
. Date of Publication: May 29, 2002
Date Ordinance Takes Effect: June 18,2002
Eugene J. Maxwell, Mayor
ATTEST:
Terry Obem1aier, City Clerk
APPROVED AS TO FORM AND LEGALITY:
City Attomey Signature Date
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