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' ' � _ ' . . -�,� - . . . ' .1 \ "� . - . � . . A �. . . . .... . ..' . . . . .,� _ .�'�'. . . .. • .' _ _ .. � ��.—. . _ � '++ . � _ . .. � -- � _ . "_ � . � . . ' . . \� � ` _� ' • - ''� . . . � � .. �. _ . _. - ' . . . . . ' \�." . ,. - _ - ` _y - -- . . . - ' . � `l R_ . ,` � . ` . ' _ ' .- - _ . ., `- - ' _ .. .. . -' . ` �\`�. _ � . _� � �� • - • . _ -'•�\ � y.. . " '_ � .. � . -' _ � ._. `�,' . . ' . ' ' ' � � . • . .... � ` �. -. , . , _ �i� ' . . . .. . . ..� ._ � `. _ . .� ^ . � ' � .. � \ , � . . • . . .... - .. _ : . - 'e , - ' � ' .. _ . . . . . �_'. .� ... . --. -.... .�. ..�. .... _ ._ . . ..-: . A. .� .._". �� '" .'" .. `." � _ ' - ._. . > � � � � • f f C ` � A : � V 0 L U'�:M E YI C I T Y P L A N Prepared for the ZONING AND PLANNING CCiKMISSION HO�IiINS, MINNESQTA - 1954 � LADISLAS SEGOE & ASSOCIATES City Pl,anners - Consulting Engineers Cincinnati 2, Ohio. ' I . . . � _ _ 1 � i . CITY OF HOPKINS Minnesota June, 1954 T_ MAYOR and COUNCIL 1951-1953 1953-1955 W. Harlan Perbix . . . Mayar Joseph C. Vesely . . . Mayor Earl A. Dahlberg Joseph A. Empanger Leonard J. Milbert Dr. Philip W. Sheldon Joseph C. Vesely Lee G. Stevenson Russell H. Zakariasen Jo�eph M. Witmer . . . . . . Walton R. L. Tay�.or, City Manager A. W. Elmquist, City Clerk Frank V. Iaska, City Engineerl' W. M. Sterling, Fi.nance Officer � Frank N. Whitney, City Attorney Z�G AND PLANNING COMMISSION 1951-1953 1953-1955 Eval A. Johnson, Chairman M. B. Hagen, Chairman Jos. T. Anderla Jos. T. Anderla M• B• �Ben Eval A. Johnson 0. J. Parks 0. J. Parks Stanley Pivec W. Harlan Perbix W. Harlan Perbix, Mayor Joseph C. Vesely, Mayor Walton R. L. Taylor, City Manager Walton R. L. Taylor, City M ger Frank V. Laska, City �� Frank V. La,ska Cit � , y Engineer 1Resigned June 1, 1954• � _ 1 V 0 L U M E II � C I T Y P L A N Hopkins, Minnesota 1954 CONTENTS Pa�e PI.aTTING REGULATIONS . . . . . . . . . . . . . . 1 ZONING . . . . . . . . . . . . . . . . . . . . . 22 . PLANNING ADMIlVISTRATION. . . . . . . . . . . . . 1�9 L � . � �- _ - � : �. P L A T T I N G R E G U L A T I 0 N S CONTENTS Pa e PLATTING REGULATIONS . . . . . . . . . . . . . . . . 12� SECTION 1. � . . . . . . . . . . . . . . . . . . . 127 SECTION 2. . . . . . . . . . . . . . . . . . . 127 SECTION3. . . . . . . . . . . . . . . . . . . 128 SECTION k. . . . . . . . . . . . . . . . . . . 132 SECTION 5. . . . . . . . . . . . . . . . . . . 134 SECTION 6. . . . . . . . . . . . . . . . . . . 137 SECTI�V 7. . . . . . . . . . . . . . . . . . . 1,39 APP_.__ENDIX . . . . . . . . . . . : . . . . . . . . . . 1.1�.1 � A. GENERt�1L . . . . . . . . � . . . . . . . . . . J.1i.1 B. mHE STR�'P AND BLOCK LAYOUT . . . . . � . � s L�.2 C. MINIMUM RIGHT—OF WA'Y WIDTHS OF STREETS, ALLEYS AND EASII�NTS FOR UTILITIES. . . . 11F3 D. MINIl�iL�+I PAVFMEBIT WIDTHS . . . . . . . . . . . 7.41� E. STREET GRADES, CURVES AND SIGHT DISTANCES . . ].la.1� F. INTERSECTIONS . . . . . . . . . . . . . . . . ].1+5 G. IATS. . . . . . . . . . . . . . . . . . . . . 14 5 I � I • 2 PLATTING RF1'�tJLATIONS THE F�OLIAWING RF�'rULATIONS FOR THE CONTROL OF PLt1T5 AND SU�IVISIONS ARE r1DpPTED By THE COtTNCIL OF THE CITY OF HOPKINS, MINNESOTA, UNDER AUTHORITY GRANTID BY SECTIONS 471.26 to 1�71.33 OF THE LAWS OF 1937, CHAPTER 287, AS AMENDID BY IAWS OF 1945, CHAPTER 287 (MINNESOTA STATUTES 1941, SECTIONS 471.26 to 471.31 �S AMENDED). SECTIO� 1. TERRITaRIAL LIMITS OF REGULATIONS The rules and regulatioris governing plats and subdivisi�ns of land contained herein shall apply within the city of Hopkins, and to land located within two miles of its limits which is not under pla,tting control of another municipality, as at present or as may be extended in the future by annzxation or otherwise. SECTION 2. DEFINITIONS . For the purpose of these regulations certain t erms are defined as follows: (a) Subdivisfon + The division of a tract or pa,rcel of land into two (2) or more lots, plots� sites or other divisions of land, for the purpose, whether i�nediate or future, of transfer of ownership or building develo�anent, including all changes in street or lot lines;l provided, however, that this definition of a subdivision shall not includa bona fide divisions of land for agricultural purposas in �rcels of more than ten (10) acres not involvi.ng any new street or easement of access. (b) Planni.ng Commission - The Zoning and Pla,nning Commission of the City of Hopkins. (c) City Engineer - The engineer of the City of Hopkins. 1For the purposes of these Regulations, any pa.rcel of l,and less than two and one- half (2�) acres in area and one hundred fifty (150) f eet in width which is proposed to be conveyed shall be considared a subdivision except as provided by Subdivision � -of Section k71.29 of the Statutes, � 3 (d) Thoroughfare Plan - The official plan of highways, primary and secondary thoroughfares or parkways. (e) School and Recreation Plan - The official pla,n of public schools, parks and playgrounds. (f) Major and Secondary Streets - The highways, primary and secondary thoroughfar�s or parkways designated as such in tha off icial Th�roughfare Plan and as shown on the Off icial Map of the City of Hopkins. (g) Lc�cal Streat - A straet intended to serve and to provid� access to neighborhoods or sub-neighbarhoods. (h) Minor Stre�t - �ny street not a highway, primary or second- ary thoroughfare, parkway or local street, and intended to sarve and provide access exclusively to the properties abutting thereon. - (i) Al1ey or Sarvice Drive - A passag� or way affording gener- ally a secondary maans of vehicular access to abutting properties. SECTION 3. .FBOC&[?URE No persan, fi�m or corporation, proposing to make or have made a subdivision within the territorial limits of thesa regulations shall enter into any contract for the sale of, or shall off er to sell said subdiwision or any part thereof, or shall ; proceed with any constructi�n work on the proposed subdivision, including grading� before obtaining the tentative approval of the prelaminary plat of the proposed sub- , division as hereinafter provided.l 1Before so daing, it is suggested that the subdivider or his surveyor submit the ��ilat in sketch form to the C�mmission, to ascertain the location of proposed high- ways, prima,ry or secondary thoroughfares, parkways, parks, p].aygr�unds, and other planned developments. . �, In planning and developing a subdivision, the general principlss ana require- ments set forth in the Appendix of these Regulations shall be observed and in every I case th� follo wing procedure shall be pursued: I ' 1. Tha sut�ivider shall prepare a preliminary plat of the proposed sub- � division conforming with the requirenents set forth in Section !� ; foll�wing, and file with the Planning Commission an application in � i writi.ng seeking the tentative approval of said plat, accompanied by six �6) black line or blue prints, at least two weeks prior to a 'I ragularly schadul�d meeting of the Commission. I i 2. Th� Plannin� Commission will check the preliminary plat as to its � conformity with th� Thoroughfare Plan, the School and Racreation Plan, and other adopted parts of tha City Plan of Hopkins, and the princi- ples, standards and requiremants hereinafter set forth; and copies of said preliminary plat will be referred by the Commission for _ reeommendations or other action as folZows: (a} To the City En�ine�r in the casa of plats within the corporate boundaries of tha city, for checking of matters within his �urisdiction and approval of the construction plans of improve-► ments proposed to be installed; and, in tha casa of plats out-� side the corporate boundaries of the city, for the purpose of obtai.ni.ng recommendations of,or any necessary action by the Township Board of Supervisors and of the Board of Cdunty Commissioners concerning ma,tters within thelr jurisdiction. 3. The Plannin� Commission upon receipt from the City Engineer of the recommendations and advice of action concerning matters indicat�d in subsection 2 above, will hold a public hearing on the proposed plat. Such public hearing shall be held within thirty (30) days after the datz of notice thereof; and such notice, setting f�rth � h-�- _ - _ - - - 5 both the time and place of such hearing, shall be given in a naws- paper published in th� City of Hopkins. Thereupon, the Planning Commission will tentativaly approve or disapprove tha pla.t, or approve this with modifications, and� if approved, will authorize i the subdivider to procead wit h the proposed improv�nents in accord- j anca with general standards established by th� City Council in the case of plats within the City, and by proper authurity in the case of plats outside th� corporate boundaries. The Commission then I will nota on the plat any changes that are required� and will re- � turn one (I) copy of said pl�t to the subdivider with the date of said tentative approval or dis3pproval endorsed thereon. S�milar copy also will be transmitted by th� Comrnission to the City Engineer. :, 4. The subdivider, after the tentative approval of the preliminary plat,l � may (a) secure from the appr�priate authorities tha necessary perntits to procead with tha street and sanitary improvements; or in lieu of this, (b) post with the Planning Commissicn a surety band, suffi- eient to cover the full cost of said improvements as �stimated by the officials having jurisdiction, to insure the satisfactory installation of said improvements at a time fixed by the Commission and in accordance with its regulations. 5. The subdivider, upon completion of all improvements required by these Regulations, or upon the posting of a bond, shall f ile with the Planning Commission the f inal or record pla,t of the subdivi- sion for final approval, which plat shall conform in every respect with the requirements specified in Saction b of these Regulations.2 lEffective for two (2) years unle ss extended b,y the Planning Commission. 2The final or record plat of any portion of a larger subdivision, the preliminary plat of which has been tentatively approved, tnay be submitted for final approval. 6 b. The subdivider shall file with the Planning Commission �ix (6) blue prints,and also one (1) transparent copy,l �f the final or record plat, and a formal request for approval thereof, along wi.th a � certificate of title showing the ownership of all lands to be dedi- cated to the public and that the title thereof is frea and unen- cumbered.2 7. The Plannin� Commission will transmit a print and the transparent copy of the final or record plat t� the City Engineer for the pur- pos� of chacking, and, in the case of p],a�s o��airl� the co,rpocate �.3�mi�� fpr ae��ari.ng �u�h action, ot�ter t�en on the part of the City Council, as may be necessary in connection with any proposed street dedication. If found satisfactory, the transparent copy will be returned by the City Engineer to the Planning Commission� � together with a two-fold certificate showing that (a) the techni- _ cal details of the plat itself have been checked and found satis- factory, (b) all required improvements have been satisfactorily completed, and (c) in the case of pla,ts outside thacorporate limits, an additional certificate show:ing that appropria,te action as may be necessary has been taken on any proposed street dedication. 8. The PlannirL� Commission - after said ecpy of the final plat to- gether with the said certificates ha,ve been received by the Commission from the City �gineer, and provided that the final plat is found to conform with the preliminary plat as tentatively . approved - wi.11 transmit five (5) prirrts of the final plat, along with the transparent copy and certificate of title, to the Council lOf durable material (tracing cloth or acceptable substitute) from which dixect 2process pri.nts can ba mada. If a mortgagee joins with tha owner in platting the proparty, no release is needed for that part of lands so dedicated. 7 for approval and action on any proposed dedication. Theraupon, the Council will return four (k) approved prints and the approved trans— parent copy of the final plat to the Commission, two (2) for the Commission�s files, the others for transmittal by the Commission to the subdividar, and to the City Engineer (print and transparent copy). SECTION 4. THE PRELIMINARY PLAT 1. The preliminary plat of the proposed subdivision, six (6) black line or blue prints, prepared by a registered land surveyor, shall accom— pany an application in writing to the Pla,nning Commission seeking tentative approval of the subdivision in order that improvements may be installed and fo�nal request for final approval submitted there— after. 2. A vicinity sketch at a scal� of four hundred (400) f eet or less to _ the inch shall be drawn on or shall accompany the preliminary plat. Such vici.nity sketch shall show all existing subdivisions and their names, the tract lines of acreage parcels of land together with the names of record owners of such parcels, and all street and alley lines immedi.a,tely ad,joining the proposed subdivision and between it and the nearest existing highways or thoroughfares. 3. The horizontal scale of the prelimi.nary plat shall be one hundred. (100) feet or less to the inch. 1�. The preliminary plat shall clearly show and include the fallowing f eatures and infonnation: � (a) '�'he proposed name of the subdivision, which shall not duplicate � or closely approximate the name of any other subdivision in Hannepin County. s 8 (b) The tract designation according to real estate records of Hennepin County. (c) The names and addresses of the owners of record, the subdivider, � and the engineer or surveyor who prepared the plat. (d) The names of adjoining subdivisions and the names of record owners of adjoining parczls of unplatted land. (e) The boundary lines, accurate in scale, of the tract to be sub— divided. (f) The location, widths and names of all existing or platted streets or other public ways withi.n or immediately adjacent to the tract, and other important f�atures such as existing perm— anent buildings, large trees, water courses, railroad lines, corporation lines. etc. ' (g} E�isting serorers, water mains, culverts and othar underground _ structures within the tract and immediately adjacent thareto, with pipe sizes and grades indicated. (h) Contours, normally with intervals of two (2) feet, referenced to Hopkins city datum, or as may be required by the Planning Commission. (i) The la.yout, proposed names and widths of proposed streets,l alleys and easements; the location and approximate sizes of cateh basins, eulverts and other drainaga structures; the lay— out, numbers and approximate dimensions of proposed lots. (j) Zoning boundary linzs; proposed uses of property and proposed • front yard set—back or other set—baek lines. 1Proposed street names shall not duplicate or closely approximate any existing street namas in Hopkins or environs, except extensions of existing streets. . ,9 (k) �11 garcels of land intended to be dedicated or reserved for public use, or to be reserved i.n the deeds for the common use of property awners in tha subdivision, with the purpose, con- � ditions or Iimitations of such dedication or reservation indi- cated. (1) North-point, scale and date. (m) Cop3.es of any private restrictions to be included in the deeds. 5. Construction plans, includi.ng the followingf for impr�vements to be installed shall be furnished in accordance with specifications of the offici.�,ls ha,ving �urisdiction and shall receive approval of th�se officials before improv�rnents are installed: (a) The profile of eaCh street, at a scala of fifty (50) feet or less to thc inch� with tent�tive grades indicated. � (b) The cross-section of each proposed street, at a harizontal and _ vertical scale of ten (10) f eet or l�ss to the inch, showing the width of pavanent� tha locativn and width bf sidewalks and the location of utility mains. (c) The plans and prof iles of proposed sanitary g.ewers and storm- water sewers, at a scale of fifty (50) feet or less to the inch, with grades and sizes indicated, or method of sanitary sewage or storm-water disgosal, in lieu of sanitary sewers or storm water sewers, respectively. (d) A pl,an of the proposed water distribution system, showing pipe sizes and the location of valves and fire hydrants. SECTION 5. IMPROVEMENTS Lnprovements shall be installed in accordance with the following minimum re- quirements and regulations: 10� 1. All of the improvements required under these Regulations shall be completed prior to the fili.ng with the Planning Commission of the � final or record plat and formal request for final approval� in accord— , ance with the specifications and under the supervision of the officials having jurisdiction; or � 2. In lieu of completing the improvements as required in paragraph 1 above, the subdivider shall furnish the Planning Commission with a performance bond,sufficient to cover the cost of any or all of the � improvements required to be installed by the subdivider, as estimated by the City Engineer, thereby to secure the actual construction and installation of such improvements immediately after final approvai of the final plat or at a time and according to the requirements established by the Commission. . 3• Streets shall be graded to full width and fully constructed with an all—weather surface roadway not less than twenty (20) feet widel on � minor streets and twenty—seven (27) feet wide2 on all other streets� i and with cuxb and gutter, all as required and approved by the authorities having �urisdiction. !�. Sidewalks of such width and type of constructiori as requi.re8 shall ba constructed on both sides of every street where the avarage width of lots is sixty (60) f eet or less. 5idewalks shall be constructed on one or both sides of streets irrespective of the width of lots, where, i.n thz opinion of the Planning Commission, these are necessary to protect the safety of pedestrians. � ' . 2Face to faee of curb. � In the case of hi hwa s rima and seconda thoro hfares or y , g { g Y , P z'y ry' ug parkwa s as desi r � nated in the Thoroughfare Plan, and in the case of residential streets needing � wider pav�nents, as shown in the Recommended Street Cross—Sections of the Thorough� fare Plan, arrangements shall be made through the City Engineer, or County Engi.neer in the case of County roads, to pave these streets at their recommended widths, the subdivider normally being required to bear the cost of the 27—foot portion as stated i.n subsection D. 1. (a) of the Appendix. "11 5. Every subdivision shall be provided with a storm water sewer or drainage systan adaquate to serve the area being platted and other- . wise meating the apprcval of the officials having �urisdiction. 6. Evary subdivision sha11 be proYided with a complete water di9tri- bution syst en adequate to serve the area being platted, including a connection for each lot and appropria,tely spaced fire hydrants. The entire water systean shall be designed to meet the approval of the officials having 3urisdiction. 7. In every subdivision, provision shall be made for the satisfactory dispos2;1 of sanitary sewage: (a) Where a public sanitary sewer main is reasonably accesaible, in the opinion of tha Planni.ng Commission, the subdivision shall be provided with a complate sanitary sewer system connected with such sewer main, i.ncluding a lateral connect- ion for each lot. " (b} Where a public aanitary sewer main is not reasonab�y accessi- ble, in the opinion of the Planning Commission, proper pro- vision shall be made for the disposal of sanitary waste by one or the other of the following methods: (1) in the case of a subdivi.sion in which the average size of lots is less than one-half (,l/2) acre, the subdivision shall be provided with a complete sanitary sewer system, including a laterial connection for each lot, and a commun- ity sewage treatment plant of a type meeting the approval - of the officials having jurisdiction.l 1''I'he right of the City of Hopkins to charge the actua,l cost of operating and main- taining such treatment plant shall be indicated on the final or record plat and incorporated in each deed. ..-iz (2) In the case of a subdivision in which the average size of lots is one—half (1/2) acre or more in area, and where the officials ha,vi.ng 3urisdiction deem appropriate, in consider— . ation of soil and other conditions as determined by perco— lation and other tests, private restrictions shall be i.ndi— cated on the final or record plat and incorporated in each deed calling for the installation on each lot of an individual sewage disposal system meeting fully the requiranents of the officials having jurisdiction. 8. Poles or ui�derground conduits for electric lights or telephone lines shall be placed in eas�rnents provided along rear or side lot lines, wherever this is practicahle. 9. Monuments sha,ll be placed in accordance with the requirements of thz . City �g�n�er� as the case r�ap be. 10. Street nanie signs, of a type meeting the approval of and in the lo— cations designated by the officials having ,jurisdiction, shall be erected at each highway, thoroughfare and street intersection. SECTION 6. THE FINAL OR RECORD PLAT Six (6) blue prints and also ane (1) transpa,rent co�yl of the final or record plat of the subdivision, or of any paxt of a l.arger subdivision, shall be submittc�l to the P2anning Commission with a formal request for approval. The fina,l plat shall be drawn at the scala of one hundred (100) feet or less to tYie inCh,� and sha].Z clearly show the following f eatures a.nd information: (a) All plat boundary lines with lengths of courses to hundredths of a foot and bearings or angles to half minutes. These boundaries sha11 be , determined by an accurate survey in the f ield, which shall be balanced l�f durable material, tracing cloth or aceeptable substitute, from which direct process prints can be ma,de. � �-3 and closed with an error of closure not to exceed one (1) to ten thousand (10,000). - (b) The exact locations and the wid�hs along the property linzs of all _ existing or recorded streets ihtersecting or paralleling the bound- aries of the tract. (c) True bearings and distances to nearest established stre�t bounds, other established survey lines, or other official monuments, which monuments shall be located or accuratcly deecribed in the p],at.l (d) The accurate location and materi�I of all permanent ref erence monu- ment s� (e) The exact layout includ3ng: (1) stre�t and alley linzs - their namesf beai�ings, angles of interse�tion and widths (including widths along the line of any obliquely-intersacting street); (2) the lengths of all ares -- radii, points of curvature and tangent bearings; (3) all easements or right�+af- ways, when provided for or owned b�► public services (with the limitati�n of the easement rights definitely stated on the plat); (4) all lot lines with dimensions in f eet and hundredths, and with bearings or angles to minutes if other than right-angles to the street and alley lines. (f) Lots ntunbered in numerical order, and blocks also numbered in numer- ical order. (g) The accurate outline of all property which is offered for dedicatian for public use, and of all property that may be reserved by covenant in the deeds for the common use of the property owners in the sub- � division, with the purpose indic ated thereon. 1Any established survzy or corporation lines shall be accurately monument-marked and located on the plat, and their names shall be lettered on them. • �11,: � (h) Front yard set-back building lines as fixed by the Zoning Ordinance and any other set-ba,ck lines or street lines established by public � authority, and those stipulated in the deed restrictions. . (i) Private restrictions, if any: (1) boundaries of each type of use restriction; (2) other private restrictions for each definitely- restricted sec.tion of tha subdivision. (j) Name of the subdivision and nama or number of the largest subdivision or tract of which the tract being subdivided forms a part. (k) Names and locations of adjoining subdivisions, and lacation and owner- ship of adjoining unsubdivided property. (1} Names and addresses of the owner or owners of recard, the mortgagee, if any, the subdivider, and of tha registered land surveyor who pre- pared the plat. _ (m) North-point, scale and dat�. (n) Statzment that any lot transferred will have a minimum width a�d area substantially the same as those shown on tha plat, and that only one principal building will be permitted on any such lot. (o) Certification by tha registered land surveyor who prepared the pla.t to the affect that (l) the pla,t represents a survey ma,de by him, that all monuments indicated thereon actually �eicist and that their• location, size, and material are correctly shcswn; ahd (2) that all requirements of these Regulations have been fully complied with. SECTI4AT 7. MODIFICATIONS AND EXCEPTIONS l. The general principles of design and minimum requirements for the laying out � of subdivisions, set forth in the Appendix, may be varied by the Planning , Cammission in the case of a subdivision large anough to constitute a more or less self-contained neighborhood which is to be developed in accordance with 15 a comprehensive plan safeguarded by appropriate restrictions, and which� in the �udgment of the Commission, makes adequa,te provision for all essential community requirements; provided, however, that no modification shall be ' grantea by the Commission which would confliat with the proposals of the Thoroughfare Plan, the School and Recreation Plan, or with the other feat- ures of the adopted City Plan of Hopkins, or with the intent and purposes of said general principles of design and minimlun requirements. 2. In the case of a subdivision of small size and of minor importance, situated , in a locality where conditions are well defined, the Planning Commission may exempt the subdivider from complying with some of the requiranents stipulated in Section /� partaining to the preparation of the preliminary plat. 3. In any particular case where the subdivider can show that, by reason of exceptional topographic or other physical conditions, strict compli.ance with ' any requirements of these Regulations could causa practical diff iculty or exceptional 2�nd undue hardship, the Planning Commission may relax such re- quirement to the extent deemed just and proper, so as to relieve such diffi- culty or hardship; provided such relief may be granted without detriment to the public goai and without impairi.ng tha intent and purposes of these Regu- lations or the desirable general development of the neighborhood and the community in accordance with the adopted City Plan a,nd the Zoning Ordinance of Hopkins. A�qy modif ication thus granted shall be antered in the minutes of the Commission setting forth the reasons which, in the opinion of the Commission, justified the modif ication. - ADOPTID BY THE CITY COUNCIL OF THE CITY OF HOPKINS, MINNESOTA, ALONG WITH THE APPENDIX I�RETO. May�r ,_ 1954 Clerk is APPII�iDIX: GENERAL PRINCIPLPS OF DESIGN �iD MIN1M[�I R:EQUIRENiENTS FOR THE LAYOUT OF SUBDIVISIONS. In lay�.ng out a subdivision, the subdivider ahall comply with the following general principles and requirements: ' A. GENF,RAT, �_ l. The layout shall conform to the official Thoroughfare Plan and other parts of the adopted City Plan of Hopkins. (a) Whenever a tract to be subdivided embraces any part of a highway, primary or secondary thoroughfare or parkway, so designed on said Thoroughfare Plan, such part of such public way shall be platted by the subdivider in the location and at the width inciicated on said Pla,n. (b�) Where a proposed park, playground, or other recreational area, pro— pose� school site or other public ground, shown in the adopted School and Recreation Plan. or other adopted pa.rt of the City Plan _ of Hopkins� is located in whole or in part within the proposed subdivision, such proposad public ground or part� if not dedicated to the City or the Board of� Education, shall be resarved fof� a periad of not l�ss than two (2) years from the date of final approval of the fin�l plat by tha Planning Commission, for acqui— sition by the City or Board of Education by purchase or other means. 2. Where held appropriata by the Planning Commission� open spaces suitably located and of adequate size for parksj pla,ygrounds or other rec�e� ational purposzs for local or neighborhoxl use shall be provided for in the design of the proposed subdivision, and, if not dedicated to the public, shall be reserved for the common use of all property owners � in the proposed subdivision by covenant in tha deeds. < 17 B. THE STREET AND BLOCK Li�YOUT 1. The street la,yout of the subdivision shall be in general conformity with a plan for the most advantageous development of adjoiriing areas and the entire neighborhood. (a) Where appropriate to the design, proposed streets shall ba con- tinuous and in alignment with existing, planned or platted streets with which they are to connect. (b) Proposed streets shall ba extendad to the boundary lines of the tract to be subdivided, unless prevented by topography or other physical conditions, or unless, in tha opinion of the Pla,nning ;Commission, such extension is not nacessary or desirable for the coord.3nation of the layout of the subdivision with existing lay- outs or the most advantageous future developr�ent of adjacent tracts.l _ (�) Proposed streets shall itztersect one another as nearly at right angles as topography and other limiting factors of good design permit. (d) Wherever there exists adjoining the tract to be subdivided a ded- icated or platted and recorded half width strezt or alley, the other half-width of such street or alley shall be platted. (e) Alleys shall be platted (1) in the rear of all lots to be used for business; and (2) in the rear of residential lots fronting on highways, primary and secondary thoroughfares or parkways (unless service roads are provided in frorrt thereof) as a means of safe access thereto.2 1Dead-end streets (courts) of reasonable length will be approved where they are appropriate for the type of devalopment contemplated. 2Alleys will not be approved in other locations in residential areas, unless re- quired by unusual topography or other exceptiona.l conditions. � , i� 2. Blocks shall have suff icient width to provida for two (2} tiers of lots i of appropriate depth, unlass, in tha opinion of tha Pla,nning ComMission, I � ' prevented by exceptional topography or other physical conditions. i '� (a) The lengths of blocks shall be such as ara appropriate, in tha opinion of the Planning Commission, for the locality and the type of development contemplated, but shall not exceed eighteen hundred (1g00) feet where the average size of lots does not exceed twc� (2) I ; acres in area. I (b) In any block ovar nine hundred (900) feet in length the Planning � � Commission may require that a cro�swalk or padastrian way, not less � than ten (10) f eet wide�bz provid�d near th� centar and entirely i across such block. j C. MINIMUM RIGHT-OF-WAY WIDTHS OF ST�ET�. ALLEYS AND. EASE�iII�tTS FOR UTILITIL'.S . � 1. Highways and pri�tn�ary thoroughfares: as d�signated in the Thoroughfare Plan, but not less than eighty (80) f eet wide in any case. � � 2. Secondary thoroughfares and parkways: as design�,ted in the Thorough-� ; fare Plan, but not less than sixty (60) faat wide in any case. � 3• �cal streets: fifty (50). �,. Minor straets and dead-end streets (courts) : fifty (50) feet. All dead-tnd streets shall terminate in a circular turn-around having a mi.nimum right-of-way diameter of eighty (80) feet, unl�ss the Planning Commission approves a rPTf1 or "Y" shaped pa,ved space in pl�ce of the required turning circle. 5. Alleys and sarvice drives: twenty (2p)f eet. ' 6. Easements for utilities, wh�re required, shall b� at l�ast tzn (10) feet wide along rear or sida lot lines. :z:�: D. MINIMUM PaVFMF�IT WIDTHS 1. The portion of the pavement required to be installed at the subdividerts ; . expense shall be as follows: � � (a) Primary and secondary thoroughfares or parkways, designated as such � on the Thoroughfare Plan;l local streats and minor streets �ver six hundred (600) feet long; twenty-six (26) feet. (b) Minor and dead-end streets (courts) not over six hundred (600) feet long; twenty (20) feet. The pavement of a turni.ng circle at the end of a dead-end street shall have a minimum outside diameter of sixty (60) feet. A "T" or ��Y" shaped paved space, whan approved by the Planning Commission in place of a. turni.ng circle, shall ex- tend entirely across the width of the street right-of-way and shall Ibe at least ten (10) feet wide with the flared portion rounded by i minimum radii of twenty (20) f eet. � . (c) Alleys and service drives: eighteen (lg) feat. � ' E. STftEET�j CURVES AND SIGHT DIST� 1. The grades of streets shall not exceed the following: (a) Highways, primary and secondary thoroughfares, or parkways, desig- . nated as such on the official Thoroughfare Plan; five (5) per cent.2 (b) Loeal streets: seven (7) per cent; minor streets� service drives and alleys; ten (10) per cent. (c) Pedestrian ways or crosswalks: twenty (20) per cent, unless steps of an acceptable design are to be constructed. 2. Al1 changes in street grades above one (1) per cent shall be connected • by vertical curves of a minimum length equal to f ifteen (15) t�.t�es tHe lOverall pav�nent wi.dths shall be as designated by the Thoroughfare Pla,n, and the diff erences, if any, between the cost of the portion to be provided at the expense of the sut�divider and that of the total width designated by the Thoroughfare Plan shall be borne by the City or County, as tha case may be, unless it shall be detertn- ined by the Commission that such greater width will bgefit the subdiva.der in propor- tion to its cost; provided, however, that the cost of curb and guttar shall be borne by the subdivider in any case. 2Minimtrm grades sha11 not be less than five-tenths (0.5) per cent. 2fl algebraic difference in tha rate of grade for highwaysy thoroughfares � and parkwaysa and one-half' of this minimiun for all other streets. � 3. Tha radii of curvature on the center line shall not be less than tha following: I ` 1 (a) Highways, thoroughfares and �rkways: five hundred (500) feet. (b) Local streets, minor streets, service drives and all�ys: one , � hundred (100) f eet. ' F. INTERSECTIONS i . � 1. At street and at a11ey intersections, property lina corners shall be I rounded by an arc, the minimum radii of which shall ba tan (10) and five (5) feet, respectively,l 2. Street curb intersections shall be rounded by radii of at least twenty- � five (25) feet. i ; � 3. The above minimum radii shall ba increased when the smallest angle of , intersaction is less than sixty (60) degrees. G. IATS .._.... 1. The size, shape and orientation of lots shall be appropriate for the location of the proposed subdivisioh and for tha type of develo�nent contemplated. 2. Excessive depth in relation to width shall be avoided.2 3. E�ery lot shall abut on a street. 4. Lots for residence purposes shall be at least f ifty {50) feet wide at the building set-back lina, in order to permit compliance with the side yard requirFxnents of the Zoning Ordinance and still be adequate for a � building of practicable width. , 5. Corner lots for residential use shall be platted wider than interior lots in order to pexmit conformance with the set-back required by the Zoning Ordinance on the side street. lIn business districts a chord may be substituted for such are. 2A proportion of 2 to 1 normally shall be considered appropriate. 21 6. Residantial lots front ing on highways, thoroughfares and parkways should have extra depth to permit deep set—backs for the buildings. 7. Double—frontag� lots and reversed—frontage lots shall be avoided. ' 8. Side lot lines shall be approxi.mately at right angles to the right— of—way line of the street on which the lot fronts. � 1 � � � , i i �. ; � ; , � � , � I I � � � � � 1 ti ..f.l 22 Z 0 N I N G , CONTENTS Pa�e ZONING . . . . . . . . . . . . . . . . . . . . . . . 11+8 Use of Iand. . . . . . . . . . . . . . . . . . . 11+9 Present Zoning Ordinance and Map . . . . . . . . 150 Zoniag Text. . . . . . . . . . . . . . . . . 153 Suggested Ordinance and Map Amendments . . . . . 135 APPEND IX . . . . . . . . . . . . . . . . . . . . . . 159 Single-Family Residential District . . . . . . . 159 One and �o-Family Residential District. . . . . 162 . Multiple Dwelling District . . . . . . . . . . . lbt� Ne�ghborhood Business-Highway Service District . 166 Transitional Uses in Residential Districts . . . 168 Conversion of Dwellings. . . . . . . . . . . . . 168 Off—Street Parking and Building Area Requirements 169 Ilwelling Groups. . . . . . . . . . . . . . . . . 171 Community Unit Projects. . . . . . . . . . . . . 172 Tables Comparison of Areas Zoned and Uses — 1952. . . . . . 149 Areas in Present and Proposed Zoning Districts . . . i58 Exhibit ' Followin� P_a�e Proposed Zoni.ng Map 33 23 za�r�vG • Zoning is the regulation of the use of private property - for the purpose of promoting the orderly develoFanent of a community, and furthering the health, safety, and general welfare of its inha,bitants. Under zoning, every property owner is allowed the enjoyment of all of his property rights so long as he does not encroach on the same rights of others. Thus, it protects every property owner from in�ury by selfish or thoughtless neighbors or other property owners who would seek private gain at his expense and that of the community. Zoning involves dividing the community into districts or zones, and regulating, district by district, the use of proparty and the height and size of buildi.ngs. It is the instrument for giving effect to that �rt of the comprehensive City Plan which is concerned with the use of private land - as distinguished from that part which is concerned with public areas and facilities. In most cities, thare are �,ny numbar of instances of the indiscriminate manner in which residential, bu�iness and industrial buildings have been located prior to zoning. Retail stores and filling stations, and even industries have invaded pre- dominantly residential neighborhoods. Aside from such casas, fortunately not too nuserous or serious in Hopkins, many residences have been built in the past with little regard to desirable set-back building lines, or with yards too narrow for adequate light, air, privacy, and fire protection. Buildings of every sort hr�ve been placed unwisely with no regard to the interest of neighbors, the neighborhood or the community at large. The desirability, if not the livability, of some residential sections has been greatly lessened by such practices and, except where protected by � private deed restrictions, all residential areas have been exposed, prior to zoni.ng, to similar dangers. Th� invasion of incompatible property uses into residential sactions or of resi- dential uses into industrial areas, tha overcrowding of buildings, excessive land 2� coverage, inadequate open spa,ces about buildings, arxi other malpractices in la,nd use , are among the principa,l causes of blighted areas and slums. It has been estimated that the depreciation in property values in our cities due to lack of zoning has � exceeded the losses caused by fire. From the standpoint of the property owner, this is all the more serious because insurance can be baught against fire losses but not again property depreciation which might be caused by a selfish or unwise neighbor. From the standpoint of the community, the lowering of property values means a shrin�C— ing tax duplicate and, consequent�y, higher tax rates if reasonable standards of public services are to be maintained. Use of Iand Relationships betwean the wa3* land presently is zonad and used i.n Hopkins are shown in the table below. CCfl�IPARISON OF AREAS ZONED AND USID - 1952 � (Approximate acreages) Districts Residential Mult_„ iple DH,. Commercial Indu� strial To� Total Zoned 1,820 30 150 k2$ 2,�.25 Total in Use 900 12.5 82.g 195 1,190 Single-Family 550 5 20 5 5go �„ro—Family 5 — 5 10 Multiple—Family — 7.5 2.5 1Q Commercial 201 — 35 5 60 Industrial — 5 115 120 Railroads 20 — 5 65 9p Parks & Playgrounds 30 — — 30 Public & Institutiona,l 275 — 10 5 290 Streets & Alleys 350 As may be seen from the f igures in the foregoing table, just less than half of , the total area in the residantial district is used, of which nearly two—fifths is non—residential — ma,inly public and institutional. Only about two—fifths of the ' multiple—dwelling area is occupied — nearly all of this by residential uses.2 1Nurseries or greenhouses, which are permitted in this district. 2Non—residential acreages were too small to show when rounding out the figures. 25 Multiple-family residences account for only about 10 acres in the entire city - less than two per cent of all land us�lresidentially. Nearly one-fifth of the acreage zoned "commercial�' is occupied by residences, and less than 25 per cent by commercial uses. Nearly half of the property zoned "industrial" is in use, over 90 per cent of this for industry (including heavy commercial and railroads). Over two-fifths of the commercially used acreage in the city is located in other than commercial. districts - most of this in the two residence districts.l Only a little over 30 acres of residential uses (about 5� of tha total area in such uses) is in non-residence districts. Of the 1,SL�0 acres in use or develop�d (including streets), the largest pro- portion, nearly two-f�fths, is devoted to residence; streats and alleys account for about 23 per cent; followed closely by public and institutional uses, other than streets� about 19 per cent; then industrial (and railroad) uses, nearly eight per c errt. . It is apparent from the foregoing table that there is still considerable land available in the city for further development for various purposes. In this respec�, more than half the present residential and industrial zones, and nearly half of ths land in cammercial zonas are yet to be developed.2 In the case of the commetcial zones, conversion of residential uses to commercial would allow for well over 100 per cent expansion. Present Zoning Ordinance and Map The Zoning Ordinance now in effect was enacted in 1949, but both the text and the map ha.ve been amended si.nce. In most respects the present Ordinance, although . containing a minimum of regulations,may be considered quite satisfactory, even though • 1The commercial uses in the residential zones, howaver, are classed as coriforming under the Zoning Ord.inance - baing nurseries or greenhouses. 2However, about one-fifth of the area zoned residential is considered undevelop- able, consisting of low-lying land that would probably be too expensive to condition for residential use. 26 � it was prepared without a long-range city plan to serve as a basis therefor. How- ever, developments in Hopkins, both present and praspective, are of a wide variety of types, suggesting the need for a somewhat wider range of districts and district • regulations. Too, certain general and special provi.sions found in modern ordinances are lacking. Before taking up the shortcomings of the present Ordinance in some detail, it seems in order to discuss certain general policies and principles of zoning, some of which have special application currently, others to serve as a general guide when considering othar changes in the Ordinance which ma,y be initiated later. I. Re�uirements and Standards in General 1. General standards, that is, requirements applying to new buildings on lots of stand.ard size, should measure up at least to actual rec�nt local practices - otherwise they will not have much influence on new building construction in the years to come. To prevent hardships in the case of existing lots of substandard size or dimensions, the ordinance should contain provisions for scaling down from standard area and open space requiremants in accordance with specific formulae. Application of the foregoing is preferable to setting lower than desirablQ and practicable general standards for new buildings in ordar to meet conditions found in older sections of obsolete building practices no longer acceptable. 2. The required open spaces about bui.ldings (various yards and courts) should increase with the height and, desirably, also with tha size of buildings, except in the case of front yards in resid�nce districts. II: Aistricts and Uses 1. Fxcessive zoning for business, usually along thoroughf'ares and highWa,ys (rgbbon zaning), should ba reduced to bring the zoning of such frontages more nearly into scale with actual future requirement realistically estimated. Whera appropri- ate and still practicable, the excess business-zonad frontages should be rezoned for residance (generally for multiple dwellings closer in and one or twa-fami],y dwelli.ngs farther out). 2. dny undeveloped potential residential sections, the appropriate future zoning of which may be in doubt, should be pla,ced in ona of the more restricted resi- dantial use district classifications. Other less restricted types of residential • districts can then be set out f rom such more restricted districts later when future conditions require. • 3. Residential areas of scattered development which are intended to be re- developed for industrial or othar non-residential uses, should be zoned residential, whenever practicable, until their redevelopnent is undertaken. This will not only � sarve the purpose of affording soma protection against further impa,irment of living conditions in such areas, but wili facilitate the assembling of large industrial sites at the time of redevelo�nent through the clearance of contiguous properties still residential at that time. . . . . . . . . .. . . � 27. 4. Principal uses which are exceptional in the sense that they differ from the dominant types of uses in the district, but which are either necessary or not . ipso facto undesirable, should be permissible as "special exceptions�' when author- ized by the board of ad3ustment or other board or commission acting in this capacity, or else subjected to special regulations or by both methods in various combinations. , Schools, churches, recreation centers, clubs, utility structures, hospitals in resi- dential districts are some axamples of this kir�. 5. Dwellings and institutions for human care should not be allowed in manu- facturing or industrial districts. There are sound argumerits to support such practice. In cities where suitable industrial sites of large size are scarce, pro-. v isions of this ki.nd are espacially needed if such sites are not to be pre-empted by residential development usual�y not of acceptable standard. 6. Transitional uses, as well as transitional open space provisions� should be amploysd to mitigate hardships along zoning boundary lin�s in the more restricted district. Use provisions of this kind could be made to apply to the lots on aither the more or the less-restricted side of a zoning bnundary line, but it is preferable to apply them to the properties in the more-restricted district. Transitiona,l open� space provisions, howzver, should impose extra requirements on tha less-restricted ' properties rather tha,n the othar way around. 7• Provision should be made toward the gradual elimination of non-conform- . ing uses - at least of tha non-structural kind and those consisting of inexpensive stru�tures, and desirab�y also of business and industrial uses located in resi- dential districts. There are precedents for such provisions in zoning ordinances. _ At the same time, the importance and the validity of gradually ridding the communit�, and especially the residantia� areas; of non-conforming uses can be invoked to oust� existing ones - except where the statutes specifically prohibit this. 8. Large�-scale residential developmants of the community unit type should� under proper conditions and safeguards, be allowed in all residential districts - with the possible exception of the most restricted single-family district. Necessary adjustment can best be brought about by proper design, for which reason the grant of a pE�rmi.t de�irably should be handled through the zoning and planning commission in � accordance with tests or conditions specified in th e zoning ordi.nance. III. F'�ro z� 3��rds 1. Front yards should be required in neighborhood business distri�t and in most manufacturing and industrial districts. In neighborhood busine�s districts; front yards should confona or nearly conform to those required in tha adjoining res�.- dential zones. Tn industrial and manufacturing districts, front yard requirements will ancourage the provision of attractive setting, in lina with modern practicec N. Side Yards �� , 1. Requirements should be predicated on minimum acceptable standards of direct sunlight and daylight intensity for eve room. Minimum side ard widths rY y should be closely and consistently related to building heights, and, desirably, side- wall lengths as well. >;', 2$ V. ftear Yards l. Required depth should increase with building height and, because of the various us�s made of rear yards by occupants (parking, laundry drying, play), desi�- • ably also with the number of dwelling units, rooms or parsons in the building. Required depth should be at least equal to building height - but not less than a minimum in any case. V I. Lot Areas 1. Req��.red minimiun lot areas should bear relation to actual practices in new sections. The problem of existing small lots of rec�rd should be handlad by exempting such existing lots from the minimum lot area requirements, provided the proposed buildings comply with open space (yards and courts) requirements sealed down from those applicable to buildings or lots of standard or larger sizes and dimensions. 2. Required lot areas per fa.mily or dwelli.ng unit are among the most import- ant zoni.ng regulations - for thay pla,c� an absolute cailing on tha intensity of residantial land utilization. Becausa building and population densities are prin- cipally conditionad by such lot area requirements, thzy are called density regulatians. VII. Courts Court requirements of most zoning ordinances have been altogether inadequa,te and ineffective. The principles applicable to court requirements are simi].a,r to those that apply to side yard r�quirements - that is, they should vary with build- ' ing height if not with depth as well, and should assure an amount of disect sunlight and standards of daylight intensity in every room consistent with healthful conditions. � Courts raquired for rooms in which people are to live should be outer courts in the case of all buildings intended for noxmal residential occupancy. These should havz minimum widths som�i�hat greater than twice the minimum sid� yard widths required for buildings of the same height and depth - and not lass than certain minims, irrespactive of building height or size. � � � * # The more importa�t shortcomings bf the present Ordinance are discussed in tha following. Zonin� Text Ga!neral. There are too faw categories of districts in vitw of the wide variety of uses and types. Certain definitions appear to ba unnecessary;l othars are some-� what unconventional; definitions of certai.n terms which are customaxily defined are ' omitted. Open-space requirements, especially in the most restricted district, are ir.adequate; and thasz are missing, in part, in the commercial and industrial districts, - 1For example 19block�p. Under the front yard requirernents in tha body of the Ordin- ana:, this term is not usad but is redefined. 29 Side and rear yard requirements based on parcentages are illogical and i.nequi_t- able� Transitional provisions, both in respect to uses and open-space requir�ments • are lackinga There are no provisions covering convarsions of dwellings to multi- family us� wh�n it is unfeasible to mezt strictly the open-space requiremants. There are no standards or requiremants dasignad for larger residential projects in single ownershipe such as dwelling groups or i�esidence development (community unit) projects, c,n sites which are not laid out into lots in the usual mannar. The re- quirements for off-street parking are incompl�te. The sections on 'PAdjustmznts and App�als'' and '�Special Use Parmits" are de- fieient in several resp�cts, including tha failure to point out clearly the distinct- ion between o�varianceset (p�ad justmen�s14) and �sspecial exceptions�� (�Qspecial uses"). Moreover, requiring that variances and special axceptions be authorized by Council, a legislative body, is contrary to general practice whar�in such administrative _ matters usually are delegated to a board of adjustment or zoning commission. No provision is m$de for the issua,nce of a certificate of occupancy 1 in the ` case not only of naw buildings or additions, but, more important in soma respects, to cover uses of land not involving any buildings, or change in use of a building not involving any new construction. Tha provisions dealing with the Zoning and Planning Commission, as a tiplanning commission,o� should be a separate ordinance rather than pa.rt of the Zoning Ordinance. Resid�ntial District. Permits two-fa�nily dwellings - th�re is no real single- family district; places no restrictions on thz ki.nd of farming, permits commercial nurseries and greenhouses. Does not diractly permit hospitals and othar institutions, even on large tracts and under special distanc� requirements. f°Building site'y regu- • lations create a district within a district, and include regulations of ganeral application. Multiple Dwellin� District. Parmits businass usas; also hotels for ti•ansi�nts. Lacks '�building sitet4 and density regulations. Front and rear yard, if not side yard, raquirements are inadequate. Parmitted height is axc�ssive. 3� Co�nercial District. Makas no distinction batwean neighborhood or downtown . type of district, not only in respact to uses but heights of buildings. Ia,eks "building siteo' and density regulations. Has no spacific requirements for off—street � 2oading. Permitted height 3s too great, except possibly in downtown section. Industrial District. Makes no distinction between parts of this district in respact to heavy commercial, light industrial or heavy industrial uses. Permits residential uses. Has no specific raquirements for off—street loading or parking. Zonin� r1ap. In general, this is well drawn, with the districts quite logically located and the boundaries reasona,bly well deterrainad. Defects derive mainly from the lack of sufficient types of districts; also over—extended commerci.al (ribbon type) districting. Suggested Ordinance and Map Amendments Because the present Ordinance is relatively new, only the more iriportant defects and deficiencies are propased to b� corrected at this time. However, the . additional onas, implied under the general policies and principles sat forth earlier, as. well as the specific shortcomings �4st above pointed out, should ba corrected in due course after the City Plan is adopted and has been in effect for some time. Accordingly, it is recommended that: (1) A single—family district be created (see suggested uses, along with haight3 area and ya.rd regulations and requirements in the Appendix hereto).� (2) A neighborhooc� business — highway service di�trict be created (See Appendix).2 . (3) Lot area requ�rem�nts ba �stablished in multiple dwellin� and Commer— cial districts (See Appendix). 1Making these changes will necessitate modifications in the provisions of the present residential and multiple dwelling districts. Suggestions in the case of these districts also are contained in the Appzndix. 2Doing this will necessitate changes in the text of the present commercial district� :.�� (4) �'ansitional provisions be set up (See Appendix). - (5) Conversion provisions be set up (See Appendix). (6) Parking provisions be rounded out (See Appendix). (?) �►elling unit and residential developnent (community unit) project provisions be set up (See Appendix). (8) Residantial uses, including schools and institutions for human care, be prohibited in the Industrial District; (9) Distance requirement (such as 100 or 200 feet from other districts) be prescribed for more ob�ectionable industries; (10) Provision be made for the issuance of Certificates of Occupaney. Recommended map changes involve not only the proposed new types of zoning districts — na,mely, single—family and neighborhood business—highway service — but certain modifications in the boundaries of the present districts as well. These are s►t�an '.3,n itE�e"e�arbi�.,�.�':rC�ptl9��ling Map," and described in the follaw:ing. ' Sin�le—Familv District The boundaries of this district were established to i.ticluda Bel].grove, Drillane, Knollwood — to the north of Highway 7; and Hobby Acres, Minnehaha Oaks, Oakwood Park, and Interlachen Park in the easterly parts of the city. In addition, the area aroun� Harley Hopkins School has also been incl�ed, even though the lots here are smaller than prescribed for this district� Since it is largely buil,t up with singla—family homas, it is felt it should have the protection of single—f�;raily districting. Os�s -and �ro—F�mily Residential District This district covers the central and southerly �xirts of the city, along with • the section to the east of Monk Avenue. In the main, tha lots are 50 feet wide and range between 6,000 and 7,000 square feet in area� except to th� east of Monk Avenue where some of the lots are somewhat larger. At present the lot area, requirement in the general residential district is 7,500 square f eet (with certain exceptions), per,s mitting two families on such a lot. Under the proposed standard minimum lot size - 32 of 6,000 square feet would recognize prevailing conditions� and the 3,500 square feet of lot area. per fami],y requirement would not open up all lots to two-fami],y occupanay but would permit this only on over-si.ze lots or where "standard" lots were to be re- � divided in order to gain additional area to justify two�family occupancy.l Multiple-Dwellin� District The present district has been enlarged to the south of Excelsior Avenue to give protection to the residences now in this area and to promote conversion or even new construction of the multiple-dwelling type. The regulations are liber$lized to per- mit certain non-residential uses which are reasonably compa:�ible with residence. A multiple-dwelling district has been cteated to tha north of Excelsior + north to First Street, North; and the strip commercial zoning along Excelsior, west of 1,3th Avenue, has been eliminated and a multiple�lwelling district substituted. Nei�hborhood Business-Hi�hwav Sexviee and Commercial Distr�.cts _�_ As indicated above, the strip cotnmercial zoning along Excelsior Avenue has been _ reduced by the elimination of the part to the west of 13th A�renue. Some commereial district zoning has been replaced by industriaZ on Fxcelsior between Tyler and Monk; and on the south side of Excelsior between thase same streets the commercial zone has been eliminated. A new business district has b�en propased on Highway 7 at Monk where the Trunkline Arterial will connect with the highway; and likewise on Cotu�ty Road 18 at the old County Home which is now occupied by the Honeywell �:aboratory. The district at the north�st corner of Hi.ghway 7 and County Road 73 has been enlarged - consistent with recent zoning change at this location. Industrial District _ __ This has �een extended in the southerly part of tha city, west of llth Avenue, to create a belt along tha Milwaukee Railroad. Another enla,rgement, also south of lA further modification of the text of the ordinance might recognize the superior axposure of � evx•ne� Iatfrom the standpoint of light and air - crediting it with on,;- fourth or one-third of the width of the side street in calculating the lot area per family. Thus, corner ].ots, which not only have superior exposure, but are more adaptable to the semi-detached type of house than are interior lots, could be appro» priately developed for two-family occupancy. �33. the railroady is propos-�d in the genaral area west of County Road 1$ and north of , 5th Streety South. The boundary in the vicinity of Lake Street has bean carried along the gener�.l line of the Trunkline Arterial and should follow the Arterial when the alignment has been officially establishad. Making the changes above indicated will result in acreage in the various zoning districts shown in the following tabla; where comparisons with presznt acreages are also given. AREAS IN PRESFNT AND PROPOSID ZONING DISTRICTSi (Approximate Acreages) Presant Proposed Area Area _� Residential 1,545 '1,�3�0 Multiple-Dwelling 25 �,� Commercial 115 80 , Industrial c p,_ �0 2,075 2,075 The reduction in the commercial zoning, it should be exp7.ained, resttlts from I changi.ng to residential nly about 15 acres (mainly along Fxcelsior, east of Tyler, and along La.ke Street); to industrial, about 10; to multiple--dwelling, about 25; and the addition of approximately 20 acres in outlying business districts. Thus, � with tha multiple-dwelling district permitting certain non-residential uses and the I ' industrial district permitting commercial uses, the net reduction r�ay be taken as 15 acres, rather than the 35 indicated in the table. Even the 80 acres shown pro- vides for commercial �expansion of over 100 pzr cent, there being at present only J 35 acres used commercially in comm�rcial zones. � � lExcluding streets and alleys. ZONING A N D P L A H H I A 6 COMMISSION H OP KI NS m I m N E S 0 1 A L AD IS L A S SEG OE AND ASS OC I ATE S C � T Y PL A A C 0 A I T A 1 11 CIX cI MNATI 1 0 4 1 0 1 95 3 0 0 M P R E H k N S 1 v E 120111YR, --- Z ON ING DISTRICT BOUNDARIES proposed Z 0 N I N I T y p L A A H 0 P K I N S Ill A P I M I M N E S 0 T A 34 A$'PENDIX (Proposed Draft) SINGLE-FAMILY RFSIDENTIAL DISTRICT USE RF�UL�TIONS . . . . , (a). One-family detached dwellings; (b). Churches, public and �rochial schools, public libraries and museums� public memorial buildings; (c). Municipal administrative or public service buildings or properties, except such uses as storage yards, warehouses, garages or other uses customarily conducted as gainful busin�ss; (d). Public p�rks, playgrourids and community centers; public and private non- commerci.al golf coursas or country clubs; (e). Existing railroad right-of-ways, not including switching, storage, freight yards or sidings; • (f). Gardening and general f�rming, not including commercial chicken farms, hog farms, or other commercia,l animal farms; (g). The following uses, sub�ect to the issuance of a special use par'mit: (l.) Plant nurseries and greenhouses, provided there is no sales- room nor any products sold other than those prc�duced on the premises, and provided further that any greanhouse heating plant shall be at least 100 feet from every lot line; (2.) Branch telephone exchanges, static transformer stations, sani- tary sewage Iift stations, and booster or pressure regulating stations, i . all without yard or storage. {h�. Accessory uses customarily incidental to a permitted principal use on the sama lot ther�with, including: (l.) privata garages or parking areas; (2.) living quarters of persons employed on the premises; i��. 35 (3.) office of a physician, dentist, lawyer, architect or engineer �riEA3.r� h�� .dxe3ling; (4.) customary incidental home occupations when conducted within the � - 8x�lling; (5•) keeping of not more than two roomers or boarders by a resident - iamily, (6.) real estata signs, not exceeding 25 square feet in area, except as may be authorized by a special use perr�it, set back from every street lot line at least �0 feet; (7.) small announcement or pmfessional signs, rwt exceeding one square foot in area, e�cept that an announcement sign or bul�atft'i board� not over 12 square feet in area, set back from any street lot line at least 10 feet, may be erected in connection with any of the permitted principal uses of a ' non-residantial character. HEIGHT R�GULATIONS. (Same as under present residential district). BUILDING SITE RF�UI,ATIONS. (Modify prnvisions as set forth urxier present resi- dential distriict.) . . . . . an are� of not less than 10,000 square feet and a front faotage of not less than 75 feet. (Note: Consider the desi.rability of deleting the proviso, as set forth under the present residential district, concerning parcels of 3,750 square €eet). FRONT YARD REQUIRIIKIIJTS. (Same as under present residantial district). SIDE YARD REQUIRII�iTS. . . . . . one and one-hal� stories� each side yard shall have a width of not less than ten feet. For .....e �wo stories tt:a:. a width of n�t less than 15 feet. ' (Note: Change the provisions concerning narrow lots arxi corner lots, as set forth undar the present residential district, to accord with the above.) (Note: If the area around Harley Hopkins School is placed in this district, re- duction factor should be designed to accommodate the a�rrow lots here.) �r' 36. REAR YARD R�UIRII�IENTS. (Revise that set forth under the present residential . district to read nEach lot . . . . , shall have a rear yard of a depth of 35 feet; except that on lots less than 120 feet deep, six 3nches may be deducted for each � foot by which such lot is less than 120 feet deep, provided no rear yard shall be less than ten feat deep.") . ./'' 37 (Proposed Draft) ONE AND TWO-FAMILY RFSIDFNTIAL DISTRICT � USE RDGULATIONS . . . . . . (a). Single-family residential district uses; (b). One-family s�ni-detached and two-family dwellings; (c). Privata schools for acade�mic instruction; (d). The following uses, subject to the issuance of a special use permit: (1). Hospitals, sanitariums, clinics and nursing homes not for contagious disaases or for epileptics, drug or liquor addicts, and phil- anthropic and charitable institutions not for penal or correctional pur- poses or for the insane or feeble-r.►inded; (2). Dwelling groups; (3)• Community unit projects; • (1�). Tovrist homes, on lots abutting State highways; (5). Private clubs, lodges, social or recreational buildings or properties, not for profit; (e). Single-family residential district accessory uses; (f). Other accessory uses and structures� not otherwise prohibited, customarily incidental to a permitted principal use on the same lot therewith, including: . (1). keeping of roomers or boarders by a resident family; (2). a sign flat against a buildit�g� appertaining to any of the permitted principal uses of a non-residential character� not exceeding 25 square feet in area; or a free-standing sign, of the same purpose and not exceeding such size per face, if at least 10 feet from every street lot line; � (3)• a sign flat against a building appertaining to a non-conforming use an the pr�mises, not exceeding 50 square feet in area; or a frez-standing sign, of tha same nature and not exceeding 25 square f eet in area per face, if at least 10 feet from every street lot line. { 38 HEIGHT RDGULATIONS. (Satne as in singla—family district) �JILDING SITE REGULATIQNS . . . . . not less than b,000 square feet . . . . . not � less than 50 feet. Th�re shall be at l�ast 3,500 square f eet for each resident family. � FRONT YARD REQUIR.II4fIIVTS. (Sama as in singl�—family district). SIDE YARD RDQUIRFMIIJTS. (Sama as under presant residential district). REAR YARD REQUIRIl�III�ITS . . . . . 25 feet (with reduction factor for shallow lots). . < , r ' � �3� (Proposed Draft) . MULTIPLE DWELI�ING DISTRICT , USE R�UTATIONS . . . . . (a). One and twa-family residential district uses; (b). Apartments and row houses for any nt�►ber of farnilfes; (c). Hotels, not primarily for �Qransients, including incidentia.l accessory services therein, provided there is no exterior display or advertising except for an announcement sign; boarding and lvdging houses; (d). Tourist homes, on ldts abutting State or County highways; (e). Private clubs, lodges, social or recreational buildings or properties, not for prof it; (f). Nursery schools and day nurseries; - (g� The following uses, sub�ect to the issuar�ce of a special use perm�.t: (1). Offices and clinics of physicians, dentists, architects, attorneys, engineers or othar professional persons; (2). OfPices of c3vic, religious, philanthropie or charitable organiz- ations� the activities of which are condwcted primarily by mail or tele- phone, and which are not dtsplaying or handling merchandise or render- ing other than occasional service on the premises. (h).One and two-faraily residential district accessory uses; (i).Other accessory uses and stru�ctures, not otherwise prohibited, custom- arily incidental to a permitted princ ipal use on the same lot therewitk�, including: � (1). a non-illumined sign not exceeding six square feet in area or an , illuminat�d sign wit h the source of light not visible from the street or ad�oining premises, not �xceeding four square feat in area, identifying the building to which it is accessory and any ]A.wfuZ principal usa thereof� and attached flat to the building. ��, HEIGHT R�ULATIONS . . . . . k0 feat of threa stor2es. BUILDING SITE REGULATIONS . . . . . not lass than 6,000 square feet . . . . . not less than 50 feet. Th�re shall ba at laast 1,500 square f�at for each rasidant . family. FRONT YARD REQUIRII�fIIJTS . . . . . ona story . . . . . five feet . . . . . two stories . . . . . 10 faat . . . . . three stories . . . . . 15 feet. REAR YARD REQUIRFI�4ENTS . . . . . 25 feet (with reduction factor for shallcw l�ts) • . . . . COURT REQUiREMENTS. (may ba stipulated hare, or raquired under the Building Code). . �1�� kl (Proposed Draft) NEIGHBORHOOD &JSINESS-HIGHWAY SERVICE DISTRICT USE R�ULATIONS . . . . . � (a). Multipla dwalling district usas, but no spacial usa permit need be sacured except in th� casa of dwelling groups or community unit pro�acts; (b). Any neighborhood retail businass or sarvica establishmant� supplyin� commoditias or performing services primaril,y for residents of the surrour�ding neighborhood� sueh as bank, barber or beauty shop, business or prof assional offica, clothas cleaning or laundry pick-up station, s,;lf-sarvice laundry� delicatessen, drug store, filling station, grocery store, maat markat, rzstaurant, soda fountain, sho�e repa.ir shop, tailor shop, thsater, and the �ike; (e) On proparties fronting State or County highways, the following usas: (1). The us�s named above under subdivision (b)., but not limi.ted to ' supplying commodities or performing sarvices for residents of thz n�ig�= borhood. (2). Highway service usasj such as antiqua or gift shop� autamobilz salas or service garaga doing minor repairs only, automobile or trailet salzs lot, farm implement sales astablishmant, resea,rch laboratory� commercial pa,rking lat, drive-in aating or drinking astablishmant, motel, outdoor advertising sign or billboard, tourist home, and tha like. ' (d) Multipla dwelling district accessory uses: (e) Other accessory uses customarily incidential to a parmittad principal use, including: . (1). accessory parking areas. (2). signs attached flat against a bui].ding; and free-starzding signs � not exceed,ing 50 squarc: feet in area per face, provided thesz are l�ast fiva feet from any streat lot lina. HEIGHT Rk�ULATIONS . . . . . /�0 feet or three stories. � BUILDING SITE R�ULATIONS . . . . . (residantial} . . . . . at laas�. 3,500 square f�et for each residentia family. , FRONT YARD REQUIRIl�IENTS . . . . . 20 feet. SIDE YARD REQUIR.II�IENTS . . . . . (residential - same as in multipla dweZling dist- rict.) (non-residential - wh�n adjoining reaidential or multiplz-dwalling district, �ame as•�in. such;�district�; .._ . . R� YARD RFRUIl�IENT�. (residential � same as in aultiple-;d�el]a,ng distriet) �non- residential - when adjoining residential or multiple-�welling district, twice the side yard required in such district). COURT REQUIIi�IENTS. (may be stipulated here, or required, under the Building Code). iL 43 (Prcposed Draft) TRANSITIONAL USES IlJ RESIDENTIAL DISTRICTS In any residential district a transitional use shall be permitteri on the lot the side lot line of which ad�oins, either directly or across an alley, any commercial or industrial district. The permitted transit3onal uses for ar�y such lot in the single-family residential district shall be any use permitted in the one atzd two-family residential district; the permittad transitional uses for any such lot in the one and two-family residential district shall be any use permitted in the multi- ple dwelling district. In the case of any such lot in a residential district, the requirements goRerning lot area per dwelling unit, off-street parking, yards and other open spaces shall be the same as for the district respectively next listed, in "Establishment of Districts.p' Any transitional use authorized under this subdivision _ shall not extend more than sixty feet from the side lot line of the lot abutting on the district boundary line. CONVERSION OF DWELLINGS The conversion of any building into a dwelling, or the conversion of any dwell- ing so as to accommaiata an inereasad nwnber of dwelling units or families, shall be permitted only w�thin a district in which ti new building for sim3.lar occupancy would be permitted under this ordinance, and only when tha resulting occupancy will ca�ply with the requirements governing new construction in such district with respect to minimum lot size, lot area per resident fami],y, dimensi'vt�s of yards and othe� open spaces, and off-street parking. Each conversion shall be subject aZso to such further requirements as may be specified herein withi.n the section applying �o stich - district. The aforesaid requirements wi.th respect to yards and other open spaces shall not applq in case the conversion is a part of a dwelling group; also in case the conversion will not involve any exterior structural changes. 44 OFF-STREET P.".RKING AND LOnDING 1�REA REQUIR.�IENTS ' In all districts.. in connaction with avery building or part thareof hereaftar erect�d, there shall b� providad and maintained on the sama premises with such build- ing at least one off-street loading space accessibla from an alley, aasemant of access, or, when there is no such allay or easament of access, from a straet. Such space may occupy all, or any part�of any required yard or court space. In all districts (�xcept in areas whare certain uses may be specifically �x�mptad bacausa public pa,rking facilitias hava baan provid�d�,off-streat accessory parking areas, in tha opan or in a garaga, shall ba provided in conn�ction with tha following uses, in addition to tha abova r�quirad lo3ding and unloading areas, on the pr�mises intandad to b� 5�r�l.�d, or nn adjoining or naarby prop�rty within 100 faet of any pa,rt of said pramises and in the sama or a less restricted districty _ in accordance with tha following: Use Parkin� Space Required �usiness and Professiona.l Offices 1 for each 500 sq. ft. of floor area Bowlin� Allevs 3 for each alley Churches and Sehool_Auditoriums 1 for each 10 ��ats in principal auditorium Dwallin�s 1 for each dwalli.ng unit Funeral Homa, Mortuaries 2 par chapel room or par�� or 1 par 100 sq.ft. of floor area of rooms us� for servic�s, whiehe��r is greater" Hardware and Appliance Stores. Housahold �Pui m�nt or Furniture Shops, 1 for each 1,000 sq. ft. ._._. --- - ov,�r 1,000 sq. ft. of floor area of floor area Hespitals 1 for each 5 bads ' Hotels 1 for each 2 guest r�oms Clubs and Lod�in� Hou,�sas 1 for each 2 badrooms Manufacturin,� Plants 1 for each 4 employeas on maximum working shift �.5`� Restaurants 1 for aach 200 sq. ft. of over 1,000 sq. ft. of floor area floor area - Retail Stores. Sup�r Markats��tc., 1 fc,r each 300 sq. ft. of over 1,000 sq. ft. of floor araa f 2oor area ' Thaatars 1 for each L� saats In the case of any usa which is not sp�cifically mantioned h�rain, tha provisions for a similar usa which is mentionad shall apply. Off-street accessc;ry parking areas shall provide parking spa,ces, zach of which shall ba not lass than 160 squa,re faet in area axclusiv� of access drives or aisl�s. Such parking areas shall ba of usable shapa, and, if for more than five v�hicl�s, shall ba improved with a durabla and dustl�ss surfaca and so graded and drainad as to disposa of all surface watar accumulation within tha area. Any lighting used to illuminata such parking ar�as shall ba so arrangzd as to ref lect tha light away from adjoining przmises in any resid�ntial or multipla dwelling district. If on tha same � lot with a principal building, tha parking �rea shall not be located within tha front , yard or side stre�t yard raquired for such building; and if not on the sama loti not closar to any street lina than tha l�ast d�pth of tha yard which would ba required for a principal building of onz-story haight. Tha zoning and planni.ng commission may authorize on appeal a modif ication; re- duction or waivar of tha foregoing raquirements, if it should f ind that in the par• ticular casa the paculiar natura of tha usa, or other exceptional situation or con�- dition would ,justify such modificat3on, reduction or waiver. ._ _.46 DW"�,LLING GROUPS . In the case of a project consisting of a group of two or more buildi.ngs to be constructed on a plot of ground not subdivided into the customary streets and lots and which will not ba so subdivided, or where the existing or contemplated street and lot layout ma,ke it impracticable to apply the requirem�nts of this ordinance to the individual building units in such project, the applying of such requirements to such project shall be done by the zoning and planning commission i,n a ma,nner that will insure substantially the same character of occupancy, maximum intensity of use, and minimi.an standard of opan spacas as permitted by this ordinance in the district in which the proposed project is to be located. In no case shall tha commission authorize a usa or a building—height prohibited in the district in which the pro�ect is to be located, or a smaller lot area per . family than the minimum required under this ordinance in such district. Nor shall the commission authorize a building coverage exceeding that which would obtain were � the same area to be developed by tha customary subdivision thereof into streats and lots in conformance with the platting regulations, and by the type of buildings customary in the district and in compliance with the requirements �f this ordinance. � 47 CC�ItJNITY UNIT PROJL, TS A community unit pro3ect consisting of any number of buildings, the contemplated arrangement of which makes it impracticable to app�y the r�quirements of this ordin- � ance to the individual buildings, may ba autharized by the zoning and planning commission in d�.stricts in which such pro3ects are permitted under this ordinance providad tha cornmission finds that Lhe plans of such pro�ect meet the following conditions: That the tract of land on which the project is to be ereeted camprises at least five acres, Unless comprising an entire block. That the buildings are to be used only for residantial purposes and the customary accessary uses, such as private garages, storage spaces, recreatienal and community activities. That the average lot area per fami�r or 3welling unit on the site, . exclusive of the area occupied by streats, will not be less than 80 per cent of the lot area per family required in the district in which the pro,ject is to be located. That there is to be provided within the tract, or im.�nediately adjacent thereto, parking spa�es in private garages or off-street g�rking areas as specified in _ . -_�:.�W � .� .. That there are to be provided, as a part of the project, a�dequate recreation areas to serve tha need of the anticipated population �o _ be housed thereint , That the proposed pro�ect will consLitute a residential environment of sustained desirability and stability; that it will be in harmony with the character of the surrounding nei.ghborhood and insure substantially 4$ ` the same type of occupancy as obtains or r�ay be expected to obtain in said neighborhood; tha.t it will result in intensity of land utiliz- ation no higher, and standards of opan spaces at least as high as per- ' mitted or specified in this ordinance in thz district i.n which the project is to be located. That tha project will be consistent with the intent and purpc�se of this ordinance to promota public health, safety� and general welfare. f � � _ — -- --- — --- --- _� 49 P L A N N I N G A D M I N I S T R A T I p N CONTENTS Pa�e PLANNING l�DMINISTR.ATION . . . . . . . . . . . . . . . �fi� Legal Aspects . . . . . . . . . . . . . . . . . . 17b Admi.nistrative Practices. . . . . . . . . . . . . 177 Administration of the Zoning Ordinance. . . . 179 Zoning Amendments : � . . . . . . . . . . . . 183 . 50 PLANNING ADMINISTRATION i Hopkins, as a rapidly growi.ng community, requires continuously efficient and forward looking administration of its municipal affairs. Now that it is equipped � with a comprehensive City Plan for community improvenent and development, it is an even better position than previously to work tox8r.c}.;,�,ng;,Hq�pk;�;�al��t ,3�nc�aa�3,,yr � more attractive, conveni�t and otherwise desirabla community. The City Plan of Hopkins particularizes and correlates each of the prjysieal features of the community�s present and desirable futura develo�xnent. Under state laws and the City Charter the Zoning and. Planning Coamlission is the agency responsi- ble for advising and assisting the Mayor and Council and other public officials, as � well as private develo ers in car in p , ry g out or otherwise giving eff ect to the ; recoa¢nendations of the Plan. This is no mean task. Not only will thare be pressur� I � by special interests; but, as in othar cities, well-meaning individuals will argue 'i ' ; that it is impracticable, if not impossible, to solve the traffic proble,m or the C � parking problem, or that proposed improvements, while admittedly necessary and desir- ! able� will cost too much - and so on. Despite such and other obstacles, persistent ; , and persuasive �fforts in the administration of the Plan on tha part of the Zoning and I Planning Commission - when supported by the Mayor and Council and other public � � officials, and most important of all, by the citizens of Hopki.ns - will accomplish, i ; as in othar cities, the gradual realization over the years of m�tiiy of th� Plan�s f recommendatians. ' Planning administration consists of the from day to day application of sound ��i planning principles, in accord with the City Plan, to all ublic and rivate ro e t ; P P P � c s � or developnents. Consistent and continuous practice of such plannin$ admtnistration � is essential to bring into being an increasingly better, more efficient and more � attractive community. It �rill insure that the daily task of community building and rebuilding is in harmony with and promotive of th� long-term ob,jectives and design of the better future community as portrayed in the City Plan. . � 51 Legal Aspects The Zoning and Planning Commission has no legislative or administrative powars. Its functions are advisory to the Council and administrative departments on all � matters partaining to the physical develo�anent of the community. To perform its duties effectively, the Commission has to be given a place iri the structure of local government commensurate with its important task; and it should be consulted by legis- lative and administrative officials in all matters within its jurisdiction. The Comttu.ssion must, of course, be granted appropriations adequate far doing its �ob competently, The principal duties of the Zoning and Planning Commission, tander the City Charter, are to assist the City Council in the preparation of a plan for the physi- cal development of the city and surrounding areas - such plan to include provisions for zoning and platting, and for the location and planning of public buildings, parks, li � playgrounds, bridges, transportation lines and other public improvements and facili- '� � ties. $y ordinanee, the Zoning and Planning Commission, acting as a Planni.ng � Commission, is charged with the actual preparation of the plan 3ust described. When acting as a Zoning Commission, it is charg�d with performing the duties of a Zoning Board of Adjustment or Appeals, and is authorized to issue special use permits in the administration of the Zoning Ordinance. Another duty of the Zoning and Planning Commission is the prepa,ration of an Official Map for adoptian by Council,l As was already mentioned, the functions of the Zoning and Planning Commission are merely advisory, but its advice concerning both public improvements and private devel- oFanents should carry considerable weight. As regards proposed public facilities, _ such as buildings, streets, recreational areas, and others, as well as zoning, the i Council, of course, makes the final decision. The Commission, in order to discharge its duty adequa,tely, must investigate and study thoroughly any gropos�,l or pro3ect upon which it is to make recommendations to the Cauncil. Prior to making any such �._, �..... 1Which map ma,y, be thz t�Thoroughfare Plan," made more specific, if desired, in respect to the widths of local streets. 52 recommendation, the Commission must assure itself, among other things, that the pro- posed improvement or measure: (1) is promotive of the best interests of the commun- ity at large; (2) is in scale with present and probable future naeds; and (3) will • not impa,ir or be in conflict with other features of the community�s desirable future develo�xnent. The scope of the Commission►s functions in respect to private develo�nents is scarcely less broad than in respect to public improv�rnents. With all subdivision plats required to be submitted to the Commission before they may be acted on by Council and recorded, subdivisions wi.11 be made to conform to the City Plan as re- gards the layout of streets and othar public open sp�ces. In addition, up-to-date standards will ba attained in the sizas and shapes of lots, and essential street and utility improvemants will be installed prior to building development. Enforcement of tha Zoning Ordinancel will ensure that the differerit types of • residential buildings, business and industrial structures and uses are placed in the districts assigned to each under the City Plan, and that all such buildings will not exceed the maximum height and will have at least as much open space about them as required by the provisions of the Zoning Ordinance for each district. However, adequate legal authority and evan the best plan will nat in themselves assure guiding eff ective],y the future development or redevelopment af the community. This will depend in the main on: (1) the quality of planning administration by the Zoning and Planning Commission; (2) the respect which its recommendations will command and tha cooperation and support it will receive from the Council and othar public officials; and (3) the confidence and support which it ean gain for itself and its efforts on the part of the people of the community. Administrative Practices _ Obviously, members of the Zoning and Planning Commission should have a genuine interest in community betterment, and should possess a thorough under�tanding of the 1Wta�.eh should be done in the first instance by the Building Inspector, in con,junetion with the administration of a modern building code and sanitary regulations. . 53 city+s problems, needs and potentialities. Also, thzy should be familiar with the planning laws and ordinances, and be acquainted with the general objectives, princi- ples, and methods of city planning. • The processing by the Commission of matters of (1) ori�inal .iurisdiction - such as land subdivisions, or of (2) ref`erence - such as proposed zoning amendments, pro- posed street improvements, public buildings, recreational areas, and other proposad public improvements, will require the services of sameone f rom an established. depart- ment of the city. This will be necessary, because in a city of Hopkins� siZe the services of a full-time city planner cannot be �ustified ordinari�y. Arrang�nents might be made for the handling of the Commission�s business through an administrative assistant to the City Engineer or City Clerk, �rt time. Subdivision plats, for exampla, would be filed with this assistant, anfl checked by him, as to fonn, for presentation to the Zoning and Planning Commission for review and action; appli- ' cations for zoning changes, likewise, would be accepted by the assistant for schedn.l- ing of hearings, preparing of notices, etc. ; other matters also wo�ld be handled initially by this administrative assistant for the assembly of necessary information prior to consideration and action by the Commission. In the absence of need, justification or funds for �nploying a full-�time planriing technician in the smalZar communities, it has been found desirab�.e for the city to make arrangements with a planning consultant for technical pla,nning services - for reviewing and studying current proposals and advising the Commission in general� In the case of Hopkins, it appears that regular assistance of this sort, calling for a day or so of services per month, would be more than �ustified. The Gonsultant would aid the Commission and Council in drafting and enacting desirable amendments to the Zoning Ordinance, and in setting up appropriate administrative proced.ures; - would prepare and help putting into eff ect and administer measures to implement and facilitate carrying out the recommendations oP the City Pla,n. Pend3ng matters, both _ _ --, 54 of original jurisdiction and those referred to the Commission by the Council, would be referred to the Consultant by tha gart-tima administrative assistant, investi- gated by the Consultant on the ground if and when necessary, and reported upon either in person or by mail. In addition, the Consultant would assist thz Commission in the administration of the Platting Regulations, and would aid the Building Inspector and the Commission in tha administration of the Zoning Ordinance. This sort of arrange- ment has been used for years, and is being used currently, in a number of cities. The Zoning and Planning Commission should hold regularly scheduled meetings - at least once, if not twice� a month - and astablish a definite program or agenda to be followed at each meeting. The Chairman should bring to the attention of the Commission all improv�nent proposals or plans under consideration ovar which tha Commission has �urfsdiction. This should be done while such mattars are still in the formative staga to give the Commissian time to make adequate studies and develop carefully considered recommendations. Tha approval or disapproval of subdivision plats should, of course, ba based on the provisions of the Platting Regulations; and the handling of zoning changes should ba in accordance with provisions of the Zoni.ng Ordinance. The Commission�s recammend- ations concerning thesa and other matters obviously should be consistent with the City Plan. Administrative procedures ara set forth in some detail in the texts of both the Platti.ng Regulations and the Zoning Ordinance, but an additional explanatory statement concerning administration of the Zoning Ordinance seems to be desirable. Administration of the Zonin� Ordinance The Zoning Ordinance is to be administered by the Building Inspector, and the raechanics of its administration should be combined with that of a modern building code. ' As pravided by the Ordinance, every person who desires to erect a building, or to repair, alter or move an axisting building or structure (or to wreck an�.ex�stliig,� structure), must apply for a Building Permit. Every such application must be • 55 accompanied by plans showing the nature of the work to be done, the exa,ct location of the building on the lot, and the use to which the building is to be put; and must contain such other information and in such manner as stipula,ted �.n the Ordinance. Every person proposing to change the use of a building, structure or la,nd, even if this doesn�t involve any new construction, must, uruler a recommended amendment, app�y for a Certificate of Occupancy and furnish such information as called for by the application form. The plans and information required will enable the Building Inspector to determ- ine whether or not the proposed building and its use, or the proposed use of land when no� building is i.nvolved, conform to the provisions of tha Zoning Ordinance. When he finds that they do so in every particular, he will issue a Certificate of Occupancy. In every other case, he will refuse to grand such certificate. The Zoning Ordinance does not vest any discretionary powers in the Building Inspector, and no such powers should be arrogated by him. He should administer the Ordinance in accordance with its literal terms. Whenever the plans for a building , or alteration do not confozm, whether in respact to use, height, lot area, yard spaces or other features, to the provisions of the Ordinance, or whenever a change in the use of a building or parcel of land does not confozm, the Building Ihspector should refuse to issue a Building Permit or Certificate af Oc�t�pancy. He should do like- wise in all cases of the ��apecial exeeptiont' or "special use�� type, which are speci- fied as such in the Zoning Ordinance and for which under the terms of the Ordinance a Building Permit or Certificate of Occupancy may be granted by him only when suthor- ized by the Council after investigation and report thzreon by the Zoning and Planning Commission.l In cases of this latter type, the Commission has original jurisdiction, and the Building Inspector should, therefore, refer them to the Commission without action on his pa,rt. -- --- lAs indicated in the section on Zoning, variances and special exceptions should be authorized by the Zonzng and Planning Commission, as matters of administration, rather than by Council which is a legislative body. 56 An appeal from a decision of the Building Inspector may be taken to the Commission iunder the terms of the Zoning Ordinance. It is the function of the Commission to � apply in special and unusual cases the Zoning Ordinance as adopted by the Council. � It has the authority, sub3ect to approval of the Council, to grant exceptions and variances from the strict letter of the Ordinance; •but all such exceptions and vari- ances must be consistent with the Zoning Map and the zoning regulations as set forth in the Ordina,nce and in harmony with its general purpose and intent. It should be clearly understood that - aside from app2ications for an interpretation of a spe��,�'•. �.�:,�,provision of the Zoning Ordinance or of the location on the ground of a zonirig district boundary shown on the Zoning Map - the cases coming before th� Zoning and P3.anni.ng Commission are of twn distinctly diff erent types: (1) �pecial exceAtions (termed "special uses" in the Ordinance), and (2} v�r� (t�� ►ad.iustmentstr in the Ordinance). � Special exceptions (��s�eciaZ uses'�) consist of those cases that are specifiCally . designated as such in the Zoning Ordinance. They are not exceptions from tha terms of the Ordinance and do not involve modifications in such terms. They are excepticns iin the sense of being uses of a category which are different from those permitted throughout the particular zoning district, and, tharefore, may be authorized only in i � accordance with such general and specific rules and limitations as may be stipulated i in the Ordinance for each particular type of "special e�cception"). No demonstration 1 of practical difficulty or undue hardship is required to support an application for a special exception. The determination by the Commission as to whether a special exception is to ba or not to be authorized involves only the question whet�tsr spe-" � cific authority for granting the special exception is given in the Ordinance and � under what conditions, and whether tha grant could be made, under additional con- � ditions and safegua,rds imposed by the Commission, if necessary, without harm to the neighborhood or the community and without conflict with tha purposes tha Ordinanee is intended to serve. 57 Variances ("ad.i�xstments�f) are modifications of the standards and requirements of the Zoning Qrdinance, which tha Zoning and Planning Commission, subject to con- '�� firmation of Council, is ampowered to grant on showing by the appellant, to the ' � satisfaction of the Commission and Council, that the literal enforcement of these � i � starxlards ar requirements would causa practical di.fficulty or undue hardship in his case - owing to the exceptiona.l narrowness, shallowness or shape of the specific piece of property, or owing to the nature of existing uses or structures immediatel,y adjoining such piece of property.l The showing by the appellant of practical diffi- culty or of unnecessary or undue hardship, and that such difficulty and hardship arise from conditions paculiar to the spacific piece of property in question, are an absolute prerequisite to the granting of a variance by the Commission. A request for a special exeeption comes before the Commission on direct appli- cation; a request for a variance comes on appeal from the -.r�ecision of the Building - Inspector. : A clear understanding by the members of the Commission of the field within which the Commission must operate and of the fundamental princi�les of zoning are of tzt- most importance. For if the Commiss3.on t�.kes its task lightly� i.nterprets its dis- cretionary powers tao liberall,y and thex�eby eneroadhes on the functions of Coun�il, it ean easily impa,ir the effectiveness of the Zoning Ordinance, antagonize the Council and break down public respect and support for zoning directly, �s well as through adverse eourt decisions. Conversely, if the Commission interprets the Ordinance too rigidly, in tha sense that it refuses to grant relief in speific cases of demonstrai�ed praetical difficulty or exceptional hardship, it will accumulate resentment and apposition, will invite �udi c'ial disapproval on grounds of unreason- ableness, and will fail to build up and maintain public goodwill and support without lAgain, as indicated in the section on Zoning, variances and special exceptions should be authorized by the Zoni.ng and Planning Commission, as matters of admi.n- istration, rather than by Council which is a legislative bod.y. 5g which zoning cannot prevail in the long run. Experienced guidance will have lasting and beneficial ini'luence, and may indead be a decisive factor in conditioning the , quality of the Com�aissionts work and of the effectiveness of the Zoning Ordinance in ; ; general. iThe Commission should officially adopt rules of procedure and should follow these in its operation. It should keep accurate and complete records of its trans- actions - always remembering that its procedure may have a very real bearing on �udicial decisions and that its records will constitute the ma�or evidence in any litigation involving its actions. �on�h� Amendments The Council may from time to amend the Zoning Map or the regula,tions set forth I in the 2oning Ordinance. However, each proposed amendment will have to be referred ( � first to the Zoning and Pla,nning Cc�mmission for approval, disapproval or suggesticinst - The Commission is required to hold a public hearing on a proposed amendment before I :,� submitting its recommendations to the Council, wher�upon th� Council, if deemed advisable, may hold another public hearing. Despite the care arul thought with which the Zoning Ordinance was prepared, amendments will ba necessary or desirable. A rnmmber of these are suggestzd under the section entitled Zoning. In addition, unexpected developments may occur or the conditions upon which th� regul.a,tions have been based may undergo considerable change over a period oP years, or major improvements carried out under the City Plan may make ad�ustments in zoning districts desirable. However, in every case there should be compelling reasons for an amendment. The Zoning and Planning Cormnission should � always remember that the zoning plan is an essential gart of the comprehensive City Pla,n, and the Zoning Ordinance an instrumerit for carrying this Plan into effect. - A proposed amendment should not be approved by the Commission merely because the neighbot�hood favors it or does not object to it; for a zoning plan is not a collect- 59 ion oP neighborhood desires and would not be legally valid if it were. Tha petitioner should be required to demonstrate that there is a c aapelling public necessity for the proposed amendment. The pranoting of the public good and the walfare of tha whol� community must at aZl times be tha controlling con�ideration borne in mind by the Coma�ission in shaping its recommendations to Council. � • 4 �_---_ --__ .- - - _ - i T��SG+-.t.3 �'I��/Nf)NGE �s �6ntiADc �v2 4{op)c)�S ORDINANCES OF THE CITY OF HOPKINS 309-A ... Ordinance Number 131 An Ordinance Relating to and Establishing a Comprehensiv- Zoning Plan for the City of Hopkins, Hennepin County, Minnesota, and Repealing Ordinance Number 8 and All Ordinances Anienclatory Thereof and Supplementary Thcreto. BECTION 1. DEFINITIONB. Subd. 1. For the purpose of thls ordinance certain terms used herein are deYined as set forth in the following subdivl- visions of this section. 9ubd. 2 ACCESSORY USE, means a use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or bullding. Subd. 3. ALT'ERATIONS, as applied to a building or structure. means a change or rearrangement in the structural parte or Sn the exlt facilities, or an enlargement, whether b9 extending on a side, or by Sncreasing in height, or the moving irom one location or posltion to another. 3ubd. 4. AREA, BUILDING, means the total of areas taken on a horizontal plane at the main grade level oi the principal building and all accessory bulldings exclusive of uncover- ed porches, terraces snd steps. Subd. S. AREA, LOT, means the total area within the property lines excluding external streets. 3ubd. 6. BOARDINC3 FIOIISE, means any dwelling in which more than three persons either indivldually or as familles are housed or lodged for hire wlth or wlthout meals. A room- Sng house or a furnished zoom house in which no tran- sients are accommodated shall be deemed a boarding house. 8ubd. T. BUILDINCi, mea,ns any structure other than a boundary wall or ience. "`� $ubd. 8. BIIILDINC�, ACCESSORY, meana a supplemental building, the use of which is incidental to thst oI a main or prin- cipal building and located on the same lot therewith. Subd. 9. BUILDINC3, FRONT LINE OF, means the line of thst face of the building nearer the front line of the lot. This face includes sun parlors and enclosed porchea but does not Include steps and un-enclosed porches. Subd. 10. BIIILDING, HEIC3IiT OF, means the vertical distance mea- sured from the average elevation of the proposed finiah grade at the front oY the building to the hlghest point oi the roof for flat roofa, to the deck line of Mansard roofa, and to the mean height between eaves and ridge for gable, hlp, and Gambrel roofs. Subd. 11. BIIILDING, PRINCIPAL, meana a building in which fa conducted the main or principal use of the lot on which said building is situated. $ubd. 12. COIIRT, means an open unoccupied space bounded on three or more sides by the exterior walls of a single build- ing and lot Hnes. Subd. 13. COURT, INNER, means a court enclosed on all sldea by exterior wntls of a building or by exterior walls and lot 11nes on whlch walls are nllowable. Subd. 14. COURT, OUTER, means a court enclosed on not more than three sldes by exterior walls and lot ]lnes on which walls are allowable, with one siQe ot end open to a street, driveway or qard. Subd. 15. COVERAGE, means that percentage of the plot or lot area covered b9 the building area. Subd. 18. CIIRB LEVEL, means the officially established grade of the curb in iront of the mid-point o1 the lot. 3ubd. 17. DRIVE IN STAND, means a building designed for sum- mer or warm weather use and occupancy only, from which coolced fooda or soft drinks or slmilar merchandise LS sold and delivered through openings in the exterior walls of the building to pedestrians or persons 1n parked auto- moblles. Subd. 18. DWELLING, means a building designed or used ae the 1lving quartera for one or more famlllea. 8ubd. 19. DWELLING, ONE-FAMILY, meana s detached building containing one dwelling unit only. +. Subd. 10. DWELLING, TWO-FAMILY, means a bullding containing two dwe111ng units. 8ubd. 21. DWELLINC3, MIILTIPLE, meane a buiiding or portion thereof containing three or more dweliing units. $ubd. 22. DWELLINC#, IINIT, meana a building or portlon thereof providing complete housekeeping facllities for one famlly. 310.A ORDINANCES OF THE CITY OF HOPKINS Subd. 23. FAMILY, means one or more persons I1v1ng, sleeping, �. cooking and eating on the eame premises as a single housekeeping unit. Subd. 24. FILLINCi BTATION, means an area of land, including structures thereon, used or designed to be used for the supply of gasoline or oil or other fuel ior the propulsloa of motor vehicles and which may include iacilltiea ior polishing, greasing, washing, or otherwise cleaning or aervlcing such vehlcles. Subd. 25. HOME OCCIIPATION, means an occupation for gain or support conducte3 by members of a famlly residing on the premises and conducted entirely wlthin the dwelling, pro- vided that no article is sold or offered for sale except such as may be produced by members of the immediate family reslding on the premises. 8ubd. 26. JUNK YARD, the use of any land for the storage or keep- ing of �unk, including scrap metals, or for the dlsmantling or "wrecking" oi automoblles or other vehicles or machin- ery; provided that this definition shall not be deemed to include any case of the storage of materials which is in- cidental or accessory to any business or industrlal use on the same lot. Subd. 27. LOT, means a plot, parcel or portion of land considered as a unit devoted to a certain use or occupied by a building or group oi buildings, united by a common interest or use, together with such yard spaces as requlred b9 the pro- visions of thls ordinance, having its principal frontage on a street or on such other means oY access as may be re- quired as a condition of the issuance of a building per- mit for a building on such land. Subd. 28. LOT CORNER, means a lot at the junction oi and fronting upon two or mare intersecting atreets. Subd. 29. LOT, D�PTH OF, means a mean horizontal distance be- tween the front and rear lot lines, measured in the general direction of its side lines. Subd. 30. LOT, INT�RIOR, means a lot other than a corner lot. Subd. 31. LOT WIDTH OF, means the mean width measured at right angles to its depth. Subd. 32. LOT LINES, mean the lines bouuding a lot as defined herein. $ubd. 33. NON-CONFORMING IISE, means a atructure or land law- `. fully occupied by a use that does not conform to the re- gulations of the district 1n which it Ss sltuated. $ubd. 34. BTREET, means a public or privste thoroughiare which affords the principal means oY access to abutting property. Subd. 35. STRUCTURE, means a combination of materiale to iorm a constructlon that is safe and stable and includes, among other things, platforms, towers, sheds, bins, fer.ces, display signs, aud simila: structures. Subd. 36. USED OR OCCUPIED, as applied to any land or building includes the words "intended, arranged or deslgned to be used or occupied." Subd. 37. YARD, meaus an unoccupied space open to the sky, on the same lot with a building or structure. Subd. 38 YARD, FRUNT, means an open unoccupied space on the same lot with a building between the front 11ne o1 the building and the front line of the lot and extending the full width of the lot. Subd. 39. YARD, REAR, means an open unoccupied space on the same lot with a building between the rear line of the bullding and the rear line oi the lot and extending the full width of the lot. $ubd. 40. YARD, SIDE, means an open unoccupied space on the same lot with a building situated between the building and the side line of the lot and extending irom the front yard to the rear yard. Any lot line not a front Iine or a rear shall be deemed a slde line. SECTION 2. ESTABLISHMENT OF DISTRICTS. $ubd. 1. DISTRICTS. The city Ls hereby divided lnto zoning districts as followa: SR--single residence; DR—double residence; MR—multiple residence; B17rbusiness, *esidence; Cl—coinmercial; C2—commercial; IN—industrial. Subd. 2. BOUnDARIES OF DISTRICTS. The boundaries of these districts are delineated on a map entltled "second revised zoning map of Hopkins, Minnesota," whlch map, with all explanatory matter thereon, is hereby adopted with and ._. becomes a part of thls ordinance, and from and after the eYfective date of this ordinance said map shall be the officisl zoning map of Hopkins, and shall supersede and ORDINANCES OF Ti-IE CITY OF HOPKINS 311-A .-. take the place of the zoning map which was a part of Ordinance Number 8 on the date o1 Sta adoption on Jan- uary 18, 1949, snd also supersedes snd takes Lhe place of the "First Revlsed Zoning Map of Hopkins, Minnesota." which became effective September 1, 1951. Subd. 3. UNCERTAINTY A3 TO BOUNDARY. Where any uacertain- ty exiats with respect to the boundai•ies of any of the aforesaid distrfcts as shown on the zoniag map, the follow- ing rules shall apply: (A) Where dlstrict boundaries are indicated as approxi- mately fo11ow1ng street, highway, railroad or alley lines, such lines shall be construed to be said boundarles; and (B) Where diatrict boundaries are indicated as approxl- mately following lot lines, such lot lines shall be construed to be said boundarfes. Subd. 4. ADDED LAND. Any laxid which may be added to the clty in the future shall be placed in the BR�ingle residence dlstrict until spec!al action oY the city council es herein- after provlded shall definitely assign such Iand to an- other dietrlct. SECTION 3. GENERAL REGULATIONS. 8ubd. 1. APPLICATION OF REC3ULATIONS. Except as herelnafter provlded: (A) No building or land in the City of Hopkina, shall hereafter be used or occupied and no building or part thereof shall be erected, moved or altered unless in con- formitq wlth the regulations herein specified for the district in whlch St 1s locatea; and (B) No building shall hereafter be erected or altered to exceed the height, to liouse a greater number of families, to occupy a greater percentage of lot area, or to have narrower or smaller front yards, aide yards or rear yards than specified herein for the dlstrict in which such bulld- ing is located; and (C) No part of a yard or other open space required about any building for the purpose of complying with the provi- sions of this ordinance shall be included as a part of a yard .� or other open space similarly required for another building. SECTION 4. SINGLE RESIDENCE DISTRICTS. $ubd. 1. IISES PERMITTED. In SR-single residence dlstricts the followSng uses are permitted: (A) Single family detached dwellings; (B) Customsry home occupations and professional uses when situated in the same house occupied by such pereon as h1n private dwelling; (C) Rooming or boarding houses, provided that no rooms shall be rented unfurnished or for light housekeepiag; (D) Municipal buildings, parks, playgrounds and recrea- tional uses of a non-commercial nature eatabllshed by the community and public in character; (E) Farming, truck gardening, plant nurseries or greea- houses, when not used or operated for commercial pur- poses• (F) Churches, provided an off-street parking area equlva- lent to one space for every ten seats in the principal audltorium is allowed: and (G) Accessory uses customarily incidental to the fore- going principal uses when located on the same lot with the building to which it is accessory but not including any business or Sndustrial use. 9ubd. 2. BIIII�DINC3 REQIIIREMENTS, for dwellings ln SR-aingle residence districts are as follows: (A) Minimum floor area shall be 900 square feet, 750 of which shall be located on the main floor, and (B) Height limit shall be two stories but not exceeding thirty feet. Subd. 3. LOT REQUIREMENTS, for SR-single residence districts shall be: (A) 10,000 square feet with an average width of 100 feet for each lot, except that lots in plats filed prior to the effective date of this ordinance with a wldth of 80 feet and containing 10,000 square ieet may be used for one family dwellings. (B) All buildSngs, including accessory bulldings, shall not occupy more than thlrty per cent of the total lot area; and ^ (C) Each lot shall have front, side and rear yards of not less than the iollowing depths or widths; thirty feet or the average depth of the front yards of the lots immediat- ely ac�acent on either side, but not less than twelve feet, and ten feet on each side, except that corner lots shall 312-A ORDINANCES OF THE CITY OF HOPKINS have 12 feet side yards on the side adjacent to a street and the rear yard shall have twenty-five per cent of the lot depth hut ueed not esceed forty feet.In Park Valley Second Addition and 1n blocks 1, 2 and 3, Park Valley, minlmum � side yards of five feet may be permitted in the case of dwellings with attached garage. SECTION S. DOUSLE RESIDENCE DISTRICTS. Subd. 1. USES PERMITT�D. In the DR-double residence districts the following uses are permitted: (A) All uses permitted in single residence districts, subject to all thc re;;ulations R27d requirements specified therefor; (B) Two-fnmily clwellings; (C) Schools, lihraries, museums or other buildings of an eciucatlonal or hlstorlcal chsracter. (D) The following uses are all subject to the issuance of z special use permit: (1) Huspitals, sanatoriums, clinics, nursing homes and phil- anthropic and charitabie institutions except tliose for con- Lagious diseases, epileptics, drug or liquor addicts, penal or correctior.al institutions or for the insane or feeble minded. (2) Lot requirements for the above type of buildings. No part of any such building or buildings shal] be located less than 50 feet from any front, side or rear lot line and there shall be provided an cffstreet parking area as set forth in Sec. 7, Subdiv. 6 (C) of this ordinance. (31 The requirements and regulations of the State Building Code pertaining to such institutions shall be applicable to any and all such buildings. (4) No st:ch structure or building for any of said purposes shall be permitted or allowed until all requirements for special use permits therefor as set forth and defined in Sec. 7. Subdiv. 3 of this ordinance shall have been compiled with. $ubd. 2. BUILDING ?LEQUIREDdENTS, for dwellings ln the DR- double residence dlstricts are as follows: (A) Mlnimum floor area shall be 750 square ieet per dwell- Sng unit; (B) Height limit shall be two stories but not exceeding thirty feet; and (C) A two-story single family residence building whlch Ss located in u DR-double residence district may be converted into a double residence building, with one residence unit located on the first floor thereof and a second residence unit loca,ted on the second floor thereof, providing both ...- residence unita have separate outaide entrances and provld- ing that Lhe flrst floor residence unit has at least 750 square feet of floor space and the upstairs residence unit has at least 600 square feet of floor space. $ubd. 3. LOT REQUIREMENTB for DR-double residence distrlcts shall be: (A) 6,000 square feet with an average lot width of not lese than 60 feet; except that Sn subdlvisions filed prior to the adoption of thls provision, lots platted with a width of 50 feet aud containing 6,000 square feet may be used for a single famlly residence, and except that in the Stevens Oakwood Park Subdivision lots with a width of 54 feet snd containing 6,000 square feet may be used for single family residences. For a double family residence a lot shall con- tain 7,500 square feet and have an average width of not less than 60 feet. (B) All buildings, Sncluding accessory buildings, shall not occupy more than thirty per cent of the total lot ares; and (C) Each lot shall have a front yard of thirty feet or the average depth of the front yarda of the lats Smmediately ad�acent on either side but not less than twelve feet, and shall have slde yards of eight feet on each side except that corner lots shall have twelve feet side 9ards on the side ad,�acent to a street, and the rear yards shall be twenty- five per cent of the lot depth but need not exceed forty Ieet. SECTION 6. MULTIPLE RESIDENCE DISTRICTS. 8ubd. 1. USEB PERMITTED. In the MR-multiple reaidence diat- ricts the following uses are permltted: (A) All uses permitted Sn Single residences and double residence dLstricts, sub�ect to all the regulations and re- quirements specified therefor. (B) Multiple famlly dwellings; (C) Boarding and lodging houses; and (D) Clubs, when approved by the commission, except a club, the chief activity of which 1s a servlce customarily carried on as a business. Subd. 2. BIIILDING REQIIIREMENT3, ln the MR-multiple resi- .� dence districts are ae follows: (A? Height 11m1t shall be three atorles but not exceeding forty feet; and (B) The width of any outer court shall be not less than two-thirds the height of the highest wali forming eaid court and the depth of any outer court shall be no greater than one and one-half times its width and the least ORDINANCES OF THE CITY OF HOPKINS 313-A dimensfon of an lnner court shall be not less than two- thirds the height oY the highest wall enclosing such court. .� 3ubd. 3. LOT REQUIREMENTS for MR-multlple residence dis- tricts shall be: (A) 1,000 square feet for each multiple dwelling unit and a minlmum average lot width of 100 feet for each lot; (B) All buildings, lncluding accessory buildings, shall not occupy more than thirty per cent of the total lot area; (C) No principal bullding shall be cioaer to any other principal building on the same lot than one and one-half times the average height of such bulldings; (D) Each lot shall have a iront yard of ten feet and shall have side yards of ten feet on each side for a one story building, plus five additional feet on each side for each etory of a building in excess of one story and the rear yards shall be at least forty feet; � (E) There shall be provided on the seme plot with any multiple dwelling a graveled or paved automoblle storage or parking space eyual to not less than two hundred square feet for each dwetling unit contained therein. No front yard shall be use� for parking or storage of any motor vehicle and said parking area shall be screened from streets and from adjoining properties by shrubbery or other meana; and (F) There shall be provided and maintained on the same plot with any multiple dwellir.g enclosed play space or spaces containing not less than 150 square feet per dwell- ing unit. SECTION 7. BUSINESS-RESIDElYCE DISTRICTS. Subd.. 1. USES PERMITTED. In the BR-buslness-resldence d1e- tricts the following uses are permitted: (A) All uses permitted ln any resldential districts, subJect to all the regulations and requirements specified therefor; and (B) Any non-residential use not otherwlse prohiblted by by law, provlded the operation of such use couforms to all standards and limitations provlded hereln. Subd. 2 USES PROHIBIT'ED. In BR-business-residence districta the following uses are prohiblted: (A) Any business Snvolving the sale of inerchandlse or commodities at retail upon the premLses, except inciden- tally; and �` (B) Any non-residential use which may in any manner create any dangerous, in�urious, noxious or otherwise ob- �ectional, fire, exploslve, radioactive or other hazard, noise or vibration, smoke, dust, odor or other form of air pollu- t1on, electrical or other disturbance, glare, Iiquid or solid refuse or wastes, or condltion conduclve to the breeding or attraction of rodents or insects, or other substance, condition or element in an amount or manner as to ad- versely affect the surrounding area. Subd. 3. SPECIAL USE PERMIT. No building, other than a resi- dence, shall be erected ln the BR-business-residence d1s- trict without first securing a speclal use permit therefor. Applications for such a permi�t shall be accompanied bq: (A) A plot plan of the lot sho�ving the location oY all pres- ent and proposed buildings, drlves, parking lots, waste disposal fields and other constructional features on the lot, ar.d all buildings, streets, alleys, highways, streams and other topographical features outside of the lot and and within 200 feet of any lot line; (B) Architectural plans for any proposed building; (C) A description of operations and usea proposed Sn suf- ficient detail to indicate the effecta of those operations in producing trafiic congestion, noise, glare, uir pollution, water pollution, fire hazards or safety hazards; (D) Engineering and archltectural plans for the treatment and disposal of sewage and industrial waste; (E) Engiueering and architectural plans for the handling oP eny excess traffic congestion, nolse, glare, air or water pollution, fire or safety hazard; (F) Designation of the fuel proposed to be used and any necessary architectural or engineering plans for controlling smoke; (G) The proposed number of sl�ifts to be worked and the maximum number of employees on each shift; and (H) einy other data or evidence that may be required by by the zoning and planr,ing commission. $ubd. 4. HOURS OF OPERATION. A no_i-residential use shall not be pe:mitted to operate in the BR-business-resi3ence distr?ct on Sundays, noi:�nal businesa holidays, or between the hours of seven o'clock p.m. and seven o'clock a.m. ^ Snbd. 5. BUILDING R�QUIREMENTS, in the BR-business-residence dlstricts are as iollows: (A) Helght limit shall be three sto:ies but not exceeding forty feet; (B) All buildings, including accessory buildings, shall not occupy more than forty per cent of the total lot area: and (C) No principal bullding shall be closer to any other priucipal bullding on the same lot than one and one-half times the average height of such bulldings. 314-A ORDINANCES OF THE CITY OF HOPKINS 8ubd. 6. LOT REQUIREMENTS for BR-business-residence diatricta shall be: ._. (A) 15,000 square feet and a minimum average lot width of 100 feet for each lot; (B) Esch lot shall have a front yard of thirty feet and sh�ll have side yards of twenty feet on each side plus one additional foot for esch foot in height of the butlding on said lot 1n excess of twenty feet and the rear yard shall be forty feet plus one aQditional foor, for each foot !n height of the building on said lot in excess of twenty feet; and (C) OfY street parking shall be provided in any residence- business district on the premises on which sny residential or non-residential use is carried on. Al1 drives and parking areas shall be surfaced with a bituminous or other dust free surface and shall be suitably illuminated for night use. Minimum space on such off-street narking areas ahall be provided as :ollows: (1) Not less than 200 square Peet for each dwelling unit; (2) not less tnftn 200 square feet for each four persons employed on the largeat working shift working in any businc,s estsblishment; (3) space within an enclosed building for each company owned or operated truck or vehicle; and (4) space ior parking of customer vehicles in addition to space provided for the uses hereinbefore enumerated. Required parking spaces may be placed Sn side or re�r yard areas but not ln front .yarcl areas. SECTION 8. CI-COMMEKCIAL DISTRICTS 4ubd. 1. USES PERMITTED. In tl�e Cl-Commercial D1strlcts the following uses are permitted: (A) All uses permiited in any resldential diatrict, aub)ect to all the regulations and requirements speciYied therefor; (B) Stores and siiops used for the conducting of retail business therein; (C) Personal service shops, barber shops, beauty parlors, and similar types c; businesses; (D) Banks, offices, studios, hotels, theatres and similar types of businesses; (E) Restaurants, cafes or other places serving food or bev- erages; (F) Railway or bus passenger atatlons, express oYfices and similar types of businesses; � (G) U'ndertaking establishments; (H) Baking, confectionery, tailoring, dressmaking, dyeing, laundry, upholstering, printing and similar establlshmenta and businesses of a similar and no more obJectionable character, provided all goods made or processed shall be sold at retail on the premises; (I) Garages and filling stationa on condition and subJect to the limitation that no repair work is to be performed out of doors; that pumps, lubricatlon and other decices for similar services are to be located at least twenty feet from any street line or l�ighway right of way, and that all automobile parts, dismantled vehicles and similur arti- cles are to be stored within a building; (J) Other uses of the same general character which w111 not be detrimental nor inJurious to the district in which they are located; and (K) Accessory buildings and accesaory usea. $ubd. 2. SPECIAL U8E PERMIT. No permit for a drive in stand or filling station or for uses classified as "other uses of the same general character which will not be detrimental nor Sn�urious to the distrlct in which they are located" shall be granted unless and until a special use permit has been issued therefor in the manner hereinaiter provided. 6ubd. 3. BUILDING REQUIEtEMENTS in the CI-Commerclal dis- trlcts are as follows: (A) Height limits shall be three storles but not exceeding forty feet; and (B) Fesidential buildings shall conform to the least re- strictive requirements in the respective resldential dis- tricts. $ubd. 4. LOT REQUIREMENTS in the CI-Commercial districts are as follows: (A) No front yard is required except on the North-South Avenues which shall have front yards of at least five feet and on NinLh Avenue North front yards shall be at least ten feet. (B) No side yard is required but if slde yards are provided they shall be at least four feet in width. Subd. 5. CERTAIN ALLEY SETBACKS. In the CI-Commercial dis- � tricts no building shall be erected: (A) Within ten feet of any North-8outh elley; (B) Within ten feet of any east-west alley on the slde of such alley adjacent to property frontinR on Excelsior Ave- nue; ORDINANCES OF THE CfTY OF HOPKINS 315-A -� (C) Within six feet of any east-west alley on the side of such alley opposite to property fronting on Exceleior Ave- nue; SECTION 9. C2-COMMERCIAL DISTRICT3. $ubd. 1. U$,ES PERMITTED—SPECIAL U$E PERMITS—BIIILDINC� REQUIREMENTS. All of the provieions and requirements relating to uses permitted, special use permits and build- ing requirements in the Cl-Commercial districts as here- inbefore set forth in Section 8. Subdivision 1, 2 and 3 of this Ordinance shall be applicable Lo �6he C2-Commerclal Dlstricts. Subd. 2. LOT REQUIREMENTB for C2-Commercial Dietricts shall be: (A) All buildings, including accessory buildings, shall not occupy more than forty per cent oY the total lot areas; and (B) Each lot shall have a front yard of thirty feet, and one slde yard of twenty feet shall be -provided where sccess ie not available from a rear alley or street. Subd. 3. PARgING AREAS. Off street parking shall be provided on the premSses with any commercial use of sufflcient capacity to serve the ordinary requirements oP such use and all drives and parking areas shall be surfaced with a bituminous or other dust free surYace and shail be suitably illuminftted for night use. Required parking epacea may be located in front, side or rear yard areas. SECTION 10. INDUSTRIAL DISTFtICTS Subd. 1. USES PERMITTED. In the In-Industrial Districts, any non-resldential use not otherwise prohibited b9 law 1s per- mitted, provided the operation of such use conYorms to all standards and limltations provided herein. 3ubd. 2. USES PROHIBITED. In In-Industrial Districte any use which may in any manner create any dangerous, in,�uri- ous, noxious or otherwise obJectionable, fire, explosive, radioactive or other hazard, noise or vibration, smoke, dust, odor or other form of air pollution, electrical or other dis- turbance, glare, liquid or solid refuse, or wastes, or con- dition conducive to the breeding or sttraction of rodents .� or insects, or other substance, condition or element in an amount or manner as to adversely affect the aunounding area, is prohibited. $ubd. 3. SPECIAL USE PERMIT. No building shall be erected in the In-Industrial Districts without ilrst aecuring a special use permit therefor. Applications Yor such a permit shall be in the form prescribed in Section 7, 8ubd. 3, of tk�Ls Ordinance. $ubd. 4. BUILDING REQUIREMENTS, in the In-Industrial Distrlcta a:e as followa: (A) Height limits shsll be six stories but not exceeding sixty-five feet; and (B) 411 buildings, includiug accessory buildings, shall not occupy more than sixt9 Per cent of the total lot area. $ubd. 5. LOT REQUIREM�NTS for In-Industrial Diatricts shall be: (A) 12,000 square feet and a minimum average lot width of 100 feet for each lot, or, in lieu thereof, two platted lots as shown on any plat which has been approved by the City (formerly village) Council oi Hopkins prlor to the effective date oY this ordinance; (B) Each lot shall have a front yard of thirty feet and shall have side yards of ten feet on each side and the rear 9ard shall be forty feet; and (C) Off street parking shall be provided on the premises on which any industrial use is carried on. All drives and parking areas sY:all be surfaced with a bituminoua or other dust free substance and shall be suitably 111uminated for nlght use. Minimum space on such ofi street parking areas shall be provided as follows: (1) Not less than two hun- dred squsre feet for each four persons employed on the largest shift; (2) space for each company owned or operat- ed truck or vehicle; and (3) space for parking of cuetom- er vehicles in addltlon to space provlded for the usea hereinbefore enumerated. SECTION 11. SUPPLEMENTARY REGULATIONS Subd. 1. DWELLING. No dwelling may be erected or located as an accessory use upon the same lot with any principal build- ing, except that living quarters for persons employed in domestic service upon the premises may be eatablished and maintained in an accessory building. ,,,� $ubd. 2. GARAGES. Garnge space may be provided as an accessory use in residence dlstricts as follows: (A) In single residence districts, for not more than three vehicles; (B) In double residence dLstricts, for not more than four vehicles; and 316-A ORDINANCES OF TWE CITY OF HOPKINS (C) In multlple resldence districts, Sor not more than one � vehicle per dwe111ng unit, such space to be rented only to occupants of the premises. In multiple resldence dis- tricts attendante may be emploped wlio may mBke minor adJustments to cars kept Sn such garages and maq wssh cars, change tires, or perform similar services for tenanta, provlded that such work ls done entlrely wlthin the bulld- ing and no machinery of any k1nd, other than an air com- pressor ie employed. BUbd. 3. OFF-STREET PARKIN(3 IN RE$IDENTIAL DI$TRICT. No garage or off street parlcing area in a reslAential dletrict may be occupied by n commercisl vehicles of more Lhan one ton capacity and not owned by an occupant of Lhe premises. In all single and double resldence dlstricts of1- street parking shall be provided within the lot 11nes suf- ficient for the parking or storage of at least two cara for each dwelling unit thereon. 8ubd. 4. NO JUNK YARDS. No �unk yarda shall be permitted in the city. $ubd. 5. $ICiN$ IN RE3IDENTIAL DISTR.ICTB. The following aigns shall be permltted in reaidentlal districts: (A) Customary professional, business or home occupation Sdentlfic�tion signs not over six lnches Sn height by twenty- four incl�es in length, if related solely to a profession or homs occupntlon conducted on Lhe premisea by a resldent thereoi. One such ldentification aign shall be permitted ior each professional or other person so engaged and re- sidinP, in the prc-mises but iP the dwelling has frontages on more than one street an additional Sdentlflcation sign shall be permitted for each additional street frontage. Such identification signs msy be affixed to the fece of the building or may be erected on a post not over four feet high located in the yard but at 12ast ten Yeet from the street line, and may be illuminated at night by back lighting only, iY the lSghting conduit to any such free standing post is placed underground. No such lighted sign atructure shall exceed four inches Sn thickness. (B) Bulletin boards or simllar announcement signs for churches and other non-profit institutions not exceeding twelve square feet in groas area nor six inches in thlckness, � shall be located either on the face of the buildSng or on a post or posts at least ten feet from the street line. One such sign shall be permitted for each street irontage. $uch signs may be illuminated at night by back lighting or by direct lighting provided the latter is so screened as not to be visable from any ad�acent reaidence; and (C) "FOR BALE" or "TO LET" signa relating only to the premises and containing the name, address and telephone number of the owner or suthorized agent or both and not exceeding six square feet in area in the aggregate shall be permitted. One such sign ahall be permitted for each street frontage. Subd. 8. HEICiHT PROVISIONS shall not npply to the erectlon of church spires, beliries, towers designed exclusively for ornamental purposes, chimney Ylues, stand pipes or water towers, bulkheads or elevator enclosures which in the ag- gregate occupy less than ten per cent of the roof area. Nothiug in thLs Ordinance shall prevent the erection of a cornice or parapet wall estending not more than flve feet above the height lSmit. 6ubd. 7. MINIMIIM FLOOR AREAB for the SR-�ingle resldence and DR-Double residence districts shall be computed as follows: (A) Main floor, the sum of the gross horizontal area of the buildiiig meaeured from the exterlor faces of exterior walls, including porches which are enclosed and heated for year around use; and (B) Second floor, any area accessable by permanent stalrs and designed for habitation, having a structural headroom of at least seven and one-half feet and complying wlth grade level, naturel 11ght and ventilation requirements for habitnble space as epeclfied by the buildin� construction code. Subd. 8. LOADING AND UNLOADING AREA. In the Cl-Commercial districts buildings shall be so constructed that an area or space will be provided for the loading or unloading from trucks or other vehicles of inerchandise being brought to or hauled from said building at a place other than In ad- �scent atreete or alleys. ` Subd. 9. ACCE$SORY BUILDINGB BIiALL: (A) Not occupy more than forty per cent of the rear yard area and not be more than fifteen feet in height. The ORDINANCES OF THE CITY OF HOPKINS 317-A --� yard area occupied by such accessory buildings shall be included 1n computing the maximum allowable bullding area; (B) Not be located within two feet Iroin any property lixie in the rear yard area, nor encroach upon any re- quired front yard, nor encroach upon atiy side yard srea in front of the required rear yarcl; (C) Not encroach upon the front half of the lot depth on nn lnterlor lot Ironting only upon one street; (D) Not encroach upon thnt fourth of the lot depth neRr. est elther street on an interior lot fronting upon two streets• (E) Not encroach upon the area between each respective street end a line drawn pnralle] to such street in a man- ner to dlvlde the lot Snto two equal parts on a corner lot fronting upon two streets; (F) Not encrosch upon that fourth of the loS nearest each street on a corner lot frontinr upon three or more streets; anfl (G) Not be required to be placed more than fifty feet from any street, not wlthstanding any requirement !u thfe subdlvislon. Subd. 10. TERR9CES. A paved terrace shall not be considered in the determination of yard sizes or lot coverage, provided such terrace is without roof, walls, parapets or other focm of enclosure. Such terrace may have an open guard rail- ing not over three feet high but shall not pro�ect into yard to a point closer than four feet irom any lot 11ne. Subd. 11. ANY L"NENCLOSED POR,CHES. An unellclosed one story porch erected on plr.rs, ecen though roofed over, many pro- ject lnto a front, sicl^ or rear ysrd area a dlstance of not to exceed slx feet and shall not be considered ln the determi- natlon of the size of yards or lot coverage, provided that such porch shall not be closer than four feet at any point to any lot line and no building shall have such porches pro- )ecting into more than one slde yara. Subd. 12. ENCLOSED PORCHES. An}� second story porch or any ^ enclosed porch or any porch having a solid foundation and capable of being enclosed, shall be considered a part of the building in the determination of the size of yard or lot coverage. Subd. 13. PROJECTINCi ARCHITECTURAL FEATIIRES. The space in any required yard shall be open and unobstructed ex- cept for the ordinary pro�ections of window s111s, belt courses, cornices, eaves ind other architectural features, provided that such features shall not proJect more than two fect lnto any requlred yard. $ubd. 14. BAY WINDOWS, including their cornices and eaves, may pro�ect into any required yard not more than two feet, pro- vided that the sum oi such pro)ections on any wall does not exceed one-third of the length of said wall. Subd. 15. FiRE ESCAP�S. Open flre escapes maq extend Snto any required yard but not more than four and one-half feet. 3ubd. 16. DWELLINGS OP7 COPNER I,OTS. In a SR-sin�te residence or DR-double residence district, dwellings 2rected on cor- ner ]ets shall be deemed to front upon the strect with the lesser frontage in computing its front y.rd depth. I:i such cases the side yards on the longer atr2et side shall con- form to the set-back of the rzdJoining lat on such streets, but shall be not less tY.an twelve feet aad need not be more t.han thirty feet. Subd. 17. DWTsLL?NGS Gti 5.:��I.T, I.OTS. :Vo�:�?'hstsudln� the iitni- tations Smposed by 4ny other provisions oY this ordln- ar.ce, the Zonino and Planning Ce*r.mission r.iay permit the erectlon of a sir.gle fundly dtrellin� on any lot 1n a residentlal dlstrict, separately owned or under contract for sale and contalning, at the efi'ective dste of this ord- inance, an area or a width less t•h:n trat required for such use. Subd 18. REDUCED LOT AREAB. No lot s]:all be so re3uce3 in area that any requlred open space will be smaller than pre- scrlbed in the regulations for the ciistrict in whlch said lot is located. Whenever such reduction in lot area oc- curs, any bullding located on sald loL shall not thereafter be used until such building is altered, reronstructed or relocated so as to comply �vith the area and yard require- ^ ments applicable thereto. Subd. i9. VISIBILITY AT INTERSECTIONS. On a corner lot in any residence district, no fence, wall, hedge, or other structure or planting more than two feet in height shall be erected, placed or maintained wlthin the trlangular area formed by the intersecting street lines and a straight line adJoining 31&A ORDINANCES OF THE CITY OF HOPKINS said atreet lines at points which are thlrty feet distant Srom the point of intersectlon, measured along said street lines. �' Bubd. 20. FENCES. In any residential or commercial district, no fence or wall over four feet high ahall be permitted and not more than flfty per cent of the fence area shall be solld or of closed construction. Barbed wire ahall not be used except Sn Sndustrial dlstricts, on the top of fencea, on arms or supports placed at least e1Rht feet above the adJscent grade. SECTION 12. NON-CONFORMING BUILDINGS AND USEB Subd. 1. NON-CONFORMING USES. The lawful use oi any build- ing or land existing at the effectice date of thla ordin- ance may be continued although such use does not con- form wlth the provisions of this ordlnance. Bubd. 2. ALTERATIONS. A nou-conforming bullding, may not be re-constructed or altered during its life to an extent ex- ceeding in aggregate a cost of twenty-five per cent of its "full and true" value for assessment purposea unless said building Ss changed to a conforming use. 3ubd. 3. EXT�NSION. A n;.:_-conforming use shall not be extended but the extension �: a lawful use to nny portion of a noa- conYorming building shall not be deemed the extension of such non-conforming use. $ubd. 4, R.ESTORATION. No building dainaged by fire or other cause to the extent of more than fiftp per cent of ite "full and true" value for assessment purposes, shall be repaired or rebuilt except in conformity with the regula- tious oi this ordinance. Subd. 5. ABAATDONMENT. Whenever a non-conforming use haa been discontinued for a perlod of one year, such use ahall not thereafter be re-established, and any future use shall be in conformity wlth the provisions of this ordinance. Subd. 8. DISTRICT CAANGES. Whenever the boundarles oY a d1s- trict shall be changed so as to transfer an area from one district to another of a different classificatlon, the fore- going provisions shall also apply to any non-conforming use exlsting thereln. BECTION 13. SPECIAL USE PERMITS Subd. 1. PURPOSE OF. Speclai use permlts may be lssued for: (A) Any of the uses or purposes for which such permSts are required or permitted by the provfsions of this ord- .�,� inance; and (B) Commercial excavating of natural materials used for building or construction purposes, or the excavating and removal oY top soil in any distrlct. No such excavating shall be done wlthout such a permit. Bubd. 2. APPLICATION for the issuance of a speclal use permlt shall be made to the zoning and plannin� commission, which shall hold a public hearing on the proposal to issue a speeial use permit, notiee of the time and place of which shall be published in the off'icial newspaper of the city at least seven days before the date of such he2ring. The com- misslon sball make a report to the council upon the pro- posal and shall recommend to the council whatever actlon it deems advlsable, but St shall not recommend the grant- ing of a permlt unless St finds that the establishment, maintenance or conductiug of the use Yor which a new permit ls sought will not under the circumstances of the particular cuse be detrimental to the health, safety, morals. comfort, convenience or welfare of the persons reslding or workin� in the neighborhood of such use and will not un- der the clrcumstances of the particular case be detri- n:entul to the public welfare or injurious to property or impi•oaements in the neighborhood. It may designate con- ditions and require guaiantees in the �rantin� of use permlts. Subd. 3. GF2ANTING PERPdIT. Upon recaipt of the report of the Cun?mission on any application for a special use permit, the councll may ho11 whatever public hearin;s its deems ndvisable aud shatl make a decision on the proposal to grant �c use perxnit. If it finds that tl�e conditions exlst which ar� necessary under t.hSs ordinance be:oi•e the Zon- ing ar.d Fianning Commission may recommend the grant- ing of a use permit, the council m�y grant the permit aad may atiach to the permit such conditions and guar- antees as tne Zoning and Planning Conimission or the council deems necessary or advisable. Subd. 4. CONFORNIING TO PERMIT. Any use permitted under the terms of any special use permit shall be establlshed and conducted in conformity to the terms of such permit and of any conditions deslgnated in connectlon therewith, and �„ shall not be changed, voided or modlfled by any change in ownershlp or occupancy of the premises for which the permit is granted. ORDINANCES OF THE CITY OF HOPKINS 319-A Subd. 5. FEES. An applic.�ti��n for a special use permit shall be ac- "'� cou�.Ganied b�� a tee o[ $25.f0. all of tvhich shall bc reLaincd b�• the citY in the event the permit is qranted. ei[her a� applied for or in a modified torm. In the event the permit is denied, ono-halt oC such fee shall be refunded by thc city� to thc applicant. 6ECTION 14. ADbIINISTR.4TION AND ENFORCEMENT Subd. 1. BUILDING INSPECTOR. Administration and enforcement of the provisions of tl�is ordinance shall be pertormed by the building inspector. 3ubd. 2. BUILDING PERMITS. No building or structure shall be erected, added to or strUcturally altered untll a permit Lherefor has been issued by the building inspector. Bubd. 3. APPLICATION FOR PERMIT. There shall Ue submitted with all appllcntlons for building permits, three copies of a layout or plot plan drawu to scale showing the actual dimensions of the lot to be built upon, the exact size and location on the lot of the Uullding and accessory bulldings to be erected, together with such plans, atruc- tural cira�vings and statements of specffications as the building inspector may requSre for the enforcement of this ordinance. A certified survey furnished by the owner shall accompanY all applications for permits for the con- struction of new buildings. One copy oY such layout and plans shall Ue returned when approved by the building inspector together with a building permit upon payment of the permit fee. &ubd. 4. CONDITION FOR PERMIT. No permit shall be granted to construct or alter any building upon a lot without frp�t- age upon or legal permanent access to a publlc street, and acce:s to a publle sanitary sewer or an approved private sewage disposal system. Subd. 5. CERTIFICATES OF OCCUPANCY. No land shall be oc- cupied or itsed and no building erected or extended shall be occupied used or changed In use until a certiflcate of occup�ncy shall have been issued by the building in- epector, stating that the building or proposed use thereof complies with the provisions of this ordinance. All certl- ficates of occupancy shall be applied for with the appli- cation for a building permit. Tne certificate shall be is- '� sued withiu ten days after the erection or alteration Ss completed and approved as complying with the provisions of this ordinance. Except upon a written order of the Zoniug and Planning Commission no auch building per- mit or certfficate of occupancy shall be issued for any building where said construction, addltion or alteration or use thereof would be in violation oP any of �he provisions of this ordinAuce. BubQl. 6. INTERPRETATION OF ORDINANCE. The provisions of thls ordlnance shall be minimum requlrements adopted for the promotion of the public health, morals, safety or the �eneral welfare. Wherever the requirements of this ordinance are at variance v✓ith the requirements of any other lawtully adopted rules, regulations, or ordinances, the most restrictive, or that imposinR the higher stand- ards, shall govern. 6ubd. 7. PENALTI�S. A violation of thls ordinance 1s a misde- meanor and each day that a vielation is permitted Lo exiat shall constitute a separate olfense. SECTION 15. ZONING AND 1PLANNING COMMISSION Subd. 1. APPOINTMENT AND ORGANIZATION. A zoning and plan- ning commission is hereby established and ve�ted with such a.dministrative authority as is herein provided. The comir:ission shall consist of five citizen freeholders who hav^ been residents and taxpayers 1n the city or in the terri+ory iormerly adJacent to the city which is a part of the c:�y on the dats of their zp�;ointment, for at least Pive years, and also the mayor, city manager, and the clty englneer as ex otficio members, and one member of Lhe city cotmcil other than the mayor, to be celected by the coimcii for such term as the councll may determine. Each member, except the citv manaKer and city engineer, but including the ex oftiicio members, shall have the ri�ht to vote on all matters before the Commission, The five citizen me�nbers shalll be appointed by the ma,yor and appraved by the council. The co:nmission shall se:ve �vith- out compensation oteer than sucii compensation as its members may receive for etner services per:ormed for the city. Each citizen member shall be appointed Yor a term ^ of four ye:rs. The citizens who are m��mbers of the com- mission on the effec'ire date of thts o:dSn�nce snall con- tinue to be and act as members oi the commissi9n until the exp:r151on of the te:ms for which they were original- ly appoinled. Any citizen member may be removed by a four-fifths vote of the council. The secretary of +he coun- cil shall act as secretary of the commission and the city attorney shall act as legal counsel for ihe commission. 8ubd. 2. ZONIrIG PO\�VERS. The Zoning and Plsnning Commission, subJect to the approval and confirmation of the city 320-A ORDINANCES OF THE CITY OF HOPKINS councll, shxll have: � (A) Such power, autliorlty acid dsties as heretofore grant- ed to and vested in lt by the provlsions of thla ordinance; and (B) Power to grant adJustments and exceptions in and to any of the provisions of this ordlnance to the extent of the following and no further: (1) To vary or modlfy the strict appltcation of any oP the re°ulatlons or provisiona contained in thls ordinance in cases in whlch there sre practical dlfficultles or unnecessary hardshlps ln the wny of such strict application; (2) To permit the extension of a dlstrlct where the boundary line thereof divides a lot in one ownership on the effective date of thls ordinance. 6ubd. 3. APPLICATION FOR ANY ADJUSTMENT perrnisaible un- dcr the provisions of this section shall be made to the building inspector in Lhe form of a wrltten application for a building permit tu use the property or pr2mises as set forth in said applii�atlon. Upon receipt of any such ap- plication, such oificer shall set a time and place for a public hearing thereon beYore the Zoning and P1annlnQ Commission on such applicatlon. Such officer shall cause public notice of s�ch publlc hearing to be given by csus- ing one notice thereof to be published in the of- ficial newspaper of the citY at least seven days before the date of the hearing. At the hearing the applicant shall present a sta�tement and adequate evidence in such form as ti�e Zoniug and Plannin� Commisslon may require showing. (A) That there are special circumstances or conditions affecting the land, buildln� or use referred to 1n the application; (B) That the granting of the applicatlon !s necessary for the pr�ervatlon and enJoyment of substantlal property rights; and (C) That the granting o1 such appllcatlon will not mat- erially affect adversely the health or safety of persona re- sidin6 or working 1n the neighborhood of the property of the applicant and will not be materially detrimental Lo the public welfare or in�urious to property or Smprove- ments in said nelghborhood. 8ubd. 4. COMMIS3ION DECIBION. The commission shall there- ` upon make its decision upon sald applfcation and shall report its recommendations to the city council wlthin fii- teen days after the hearing. 8ubd. 5. PERMIT. In recommending any sdjustment or variance under the provlsions oi this ordinance, the Zoning snd Planning Commission shall designate such condltions Sn connection therewith as will, in Ita opinion secure sub- stantlally the ob)ectives of the regulation or provLGion to which such ad)ustment or varlance is granted, as to 11ght, air and the public health, safety, comfort, convenlence an1 general welfare. No permit shall be is�u�d under the provisions of this ordiunnce unless and until n decision of the .onln� and P1anning Commissioi:, as aforeseid, has been acted upon by the city council which may either reject or confirm the decision of tne Zoniag and Pln�- nir.g Commission. In reporting lts dec;s:on to the City Coiincil, thc Commission shall report its findings with respect thereto an3 all facts in connection therewith, and shall �pecifically an3 full,y set for±h any rd)ustrneut oz variar.ce granted and the conditions desi�nated. In all cases in which adJustments or variances are granted uu- der the provisions of this ordinance the commission and Lhe councll shnll rec�uire such evidence and �iarantecs ss it ma5 deem to be necessary that th� conditlens designated . in connection therewith are being ar.d wlll be complied with. Bubd. 6. PLANNING POWERS. The commission shall study the question of possible future nnnexation to the clty of tracta of land adjacent to the cfty, and especially as to ho,.v such amiexations would affect the water, sewer and other public services oi the city, and as to whether or not such annesations would be beneficia] to the persons reaiding !n such ad�acent tract� and to the city as a whole, and shall make its reports snd recommendations to the coun- cil. $ubd. 7. CITY PLAN. The commission shull prepare and recom- mend to the clty council for adoption a comprehensive ,` city plan for the development of the city including pro- posed publfc buildings, street arrangements, and improve- ments, public utility servlces, parks, playgrounda and oth- ORDINANCES OF THE CITY OF HOPKINS 321-A er simitar developments; the use of property, Lhe density of population and such other matters relating to the phy- sical development of the clty. Such plan may be prepared in sections, each of whlch shall relate to a maJor sub- ]ect of the plan. Bubd. 8. PIIBLIC FIEARING ON PLAN. Before recommending to the city council the adoption of the city plan or any section of it or any aubstantial amendment thereof or sddltion thereto, the commission shall hold at least one pubiic hearing thereon, notice of the time and place of which shall be publfshed in the offlcial newspaper of the city at least seven daye before the date o1 such hearing. Subd. 9. COUNCIL ACTION. The clty council may adopt or reJect any such plan or any amendment of or addition to such plan, which may be submltted to it by the Zoning and Planning Commisslon. The city council may amend or add to any plan so submitted to it, but shall hold at least one public hearing on ary ameudment or addition after giv- ing tk�e publlshed nocice hereinbefore requlred. Bubd. 10. OFFICIAL MAP. The Commission, with the aasistance of Clty Engineer, may, and upon instruction by the council, shall prepare an officlal map of the platted and unplatCed portioas of the citg and ado�ining territoiy or portions thereof, indicating upon such map the proposed Suture extenslon or widening of streets of the city within such existing platted and developed terrltory or acrass unplatted terrltory. Subd. 11. ADOPTION OP CITY MAP. After such map has been pre- pared si:d a hearing on it has been held as hereinbeiore provided, St shall be submitted to the council, which shall thereupon consider such map and may, either with or without a public hearing, adopt it or any parL of it with such amendments as it deems advLsable. After such map has been adopted by the council, whenever any exlsting street or highv✓ay 1s widened or improved, or whenever any new street is apeuecl or acquired by action of the city, it shall not be required in such proceeding to pay for any building or structure whatsoever constructed upon such mapped street, or situated outside of any building line ^ that may have been established upon the existing street, or within any area thus reserve3 by the map for public purposes, tf such building or structure has been placed there wfthout a permit or iu violation of the condltiona of a permlt after the adoptlon and publication of such map. SECTION 16. AMENDDIENTS 8ubd. 1. POWF_R TO AMEND. Tiie city council may from time to time on its own motion, or on petition, or on recommenda- tion of the Zonir.g and Planning Coinmisslon, amend, supplement, or repeal the regulations and provlslons of thls ordinance. 8ubd. 2. REFERRED TO COMMISSION. �very such proposed asnendment or change shall be referred Lo the Zoning and Planning Commission for its report thereon. The com- mission shall hold at least one public hearing upon each propcsal. The hearing shall be held only after publlshed notice of the time and place thereof. 8ubd. 3. COUNCIL ACTION. Upon receiving such report from the Zoning and Planring Commission the city council may hold such public hearing as it deems ndvisable. After the conclusiun of sucl� hea,ring, if any, the council may adopt such amcndment or any part thereof 1n such iorm as it may see fit. 6ECTION 17. REPEALS 6ubd. 1. Ordinance Numbcr 8 which was adopted January 18, 1949, together with all ordinances repeuled therein and there- b�, are hereby repealed. &ubd. 2. The following amendments to Ordinance Number 8, name- ly; Ordinance number 28, which was adopted January 3, 1950; Ordinance number 29, which was adopted February 21, 1950; Ordinance number 37, c�hich was adopted May 2, 1950; Ordinance nuinber 49, which was adopted July 18, 1950; Ordinance number 50, which was adopted July 17, 1950; Ordinance number 52, which was adopted October 3, 1950; Ordinance number 53, which was adopte3 September 5, 1950; Ordinance number 64, whlch was adopted March 9, 1951; Ordinance number 67, which was adopted July 9, 1951; Ordinance Number 75, which wae adopted May 20, ^ 1952; Ordinance number 95, whicH was adopted August 4, 1953; Ordinance number 106, whlch was adopted March 18, 1954; Ordinance number 113, which was adopted June 15, 1954; Ordinauce number 116, which was adopted AugueL 17, 1954; Ordinance number 120, which was adopted Octo- ber 5, 1954; and Ordinance nt;mber 124, which was adopted 32Z-A ORDINANCES OF THE CITY OF HOPKINS $eptember 20, 1955, and each of them, are hereby repealed. �. 3ubd. 3. Ordfnence aumber 78, which wae adopted July 15, 1952, 1s hereby repealed. 8ubd. 4. SAVIN(3� CLAUSE. No expreas repeals of ordinancee as set iorth in this section, and no repeals lmplied by the pro- visiona of thls ordinance, shall have any effect of any klnd snd nsture whatsoever upon any proceedinga in law or la equity, civil or criminal, pending Sn any of the courte o1 this state on the effective date of thls ordlnance. (Adopted Tuly 7, 1956; published July 19, 1956) (Aniended August 27, 1957; published Auqust 29, ]957) (Amended September 3, 1957; published September 12, 1957) (Amended Au�ust 5, 195R; published Au�ust 14, 1953) lAmended March 17, 1959�, pubiished March 26, 1959) �� `/