The URL can be used to link to this page

1954 City Plan - Volume II ,�. - i OIHO 'i1VNN1 � N1 � ; Sb33Nll� N � JN1 � 7ASN0 � Sb3NNV1d Jlll � S � 1 V 1 � O S S V Q N d � O J � S S V 7 S I a �/ 7 y � � � . r � . � r •� s• �; �� L� � ��} � i � ^ �M � 4�1 �• ,�, �y . ��,� tJO1�DJ�S1U1Wp� �UIIItJp'd • ��`�� 6u�uoZ . �j��.y��fi � 1"!',if��, suoi�o�n6a� Bu��p�d . �,��.�:�'�+� . .�, �v � � "S k r ��oy �'��`'�� .�*� II �Wn10A �":�'� ' �/ �l 3 7 � �i 1 / � �`'�'�;�`� ��►.�:� - 01 �� ;i . k � ' I� �r�� s � .� ya/ R R ' . Z �S61 • NOISSIWWO � � NINNdId aN �1 JNINOZ � d10S � NNIW • SNI �IdOH • � ' ` Nd1d � 11 � ��h.j � � :,. 1 ~ r�' � VOLU�:ME YI CITY PLAN Prepared for the ZONING AIdD PFANNzNG CC�NIISSION I�OF�TS, MINNESOTA . 195G. a Y i , LADISIAS SEG� & ASSOCIATES , '� City Pl,anner� - Consulting Engineers � Cincinnati 2, Ohio. ; � ° . .�,�,,,,�,_. ..,...�., . _- � � _�. CITY OF HOPKINS Minnesota „ ., June, 1954 . MAYOR and COUNCIL 1951-1953 1953-1955 W. Harlan Perbix . . . Mayor 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 Joseph M. Witmer . . . . . . Walton R. L. Tay�or, City Manager A. W. Elmquist, City Clerk Frank V. Laska, City Engi.neerl' W. M. Sterling, Finance Officer Frank N. Whitney, City Attorney � Z�1ING AND PLAN NING COMM IS S ION - _ 1951-1953 1953-1955 Eval A. Johnson, Chairman M. $. Hagen, Chairman Jos. T. Anderla Jos. T. Anderla M. B. Hagen 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 Man�ger Frank V. Laska, City ID�c�►� Frank V. La,ska, City Engineerl , y ZResigned June 1, 1954. � �► +a�:_.._ �'�'�'" _-- --- . __ __.._� - ��, V 0 L U M E II . C I T Y P L A N Hopkins, Minnesota 1954 CONTENTS Pa�e PLATTING REGULATIONS . . . . . . . . . . . � . , 1 ZONING . . . . . . . . . . . . . . . . . . . . . 22 . PLANNING ADMINISTRATIQN. . . . . . . . . . . . . k9 � � � � � r _ 3�. P L A T T I N G R E G U L A T I 0 N S C ONTENTS Paae PLATTING REGUTATIONS . . . . . . . . . . . . . . . . 127 SECTION l. � . . . . . . . . . . . . . . . . . . . 127 SECTION2. . . . . . . . . . . . . . . . . . . 127 SECTION 3. . . . . . . . . . . . . . . . . . . 128 SECTION l�. . . . . . . . . . . . . . . . . . . 132 SECTION5. . . . . . . . . . . . . . . . . . . 134 SECTION 6. . . . . . . . . . . . . . . . . . . 137 SECTION 7. . . . . . . . . . . . . . . . . . . 139 APP�EN� . . . . . . . . . � � . . . . . . . . � . . ].,t}1 A. GENERAL . . . . . . . . . . . . . . : . . . . ].1+1 B. THE STREET AND BLOCK LAYOUT . . � . . . . . . �,�.2 C� MINIMUM RIGHT—OF�WAY WI�THS OF STREETS, ALLEYS AND EASFT�IENTS FOft UTILITIES. . . . 11F3 D. MINIM(�I PAVII�IENT WIDTHS . . . . . . . . . . . ].,�,, E. STREET GRADES, CURVES AND SIGHT DISTANCFS . . 1!{k F. INTERSECTIONS . . . . . . . . . . . . . . . . 145 G. IATS. . . . . . . . . . . . . . . . . . . . . 14 5 1 . 2 PLATTING REGULATIONS . THE F�DLLOWING RE�ULAfiIONS FOR THE CONTROL OF PI,ATS AND SU�NISIQNS ARE ADOPTID BY THE COUNCIL OF THE CITY OF HOPKINS, MINNESOTA, UNDE�t AUTHORITY GR�NTID BY SECTIONS 471.26 to k71.33 OF THE LAWS OF 1937, CHAPTER 287, AS AMENDID HY LAWS OF 1945� CHAPTER 287 (MINNESOTA STATUTES 1941, SECTIONS 471.26 to 1�71.31 �S AMENDED). SECTIOg l. TERRITO�IAL LIMiTS OF RDGULATIONS The rules and regulations governin� plats and subdivisions 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 platting control of another munieipality, as at present ox as ma,y be extended in tha future by a,nnaxation or otherwise. SECTION 2. DEFINITIONS For the purpose of these regulations certain t erms are defined as follows: (a) Subdivision - �he 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 immedia,te or future� of transf�r df awnership or building develo�ment, including all changes in street or lot lines;l provided, however, that this definition of a subdivision shall not includa bona fide divisions of Zand for agricultural purposes in pareels of more than ten (10) acres not involvi.ng any new street or easement of access. (b) Pl.a,nning Commission - The Zoning and Planning Cammission of the City of Hopkins. (c) City Engineer - The engineer of the City of Hopkins. � 1For the purposes of these Regulations, any parcel of land 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 consid�red a subdivision except as provided by Subdivision � �af Section 471.29 of the Statutes. � 3 (d) Thoroughfare Plan - The official pl.an of highways, primary and secondary thoroughfares or parkways. - (e) School and Recreation P1.an - The official plan of public schools, parks and playgrounds. (f) Major and Secondary Streets - The highways, primary and secondary thoroughfares or parkways designated as euch in tha official Thoroughfare Plan and as shown on the Official Ma.p of the City of Hopkins. (g) Local Street - A street intended to serve and to provide access to neighborhoods or sub-neighborhoods. (h) Mi.nor Stre�t - �,ny street not a highway, prima.ry 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 - l� passage or way affording gener- ally a secondary maans of vehicular access to abutting properties. SECTION 3. .F�CEDURE` No parson, firm oz� corporation� proposing to make or have made a subdivision within the territorial liinits of these regulations shall enter into any contract fo� the sale of, or shall off er to sell said subdivision or any part thereof, or shall proceed with any construction wc>rk on the proposed subdivision, including g�'ading� before obtaining the tentative approval of the prelimin,ary plat of the proposed sub- division as hereinafter provided.l x 1Before so doing, it is suggested that the subdivider or his surveyor submit the ��lat in sketch forn► to the Commission, to ascertain the location of proposed high- ways, primary or secondary thoroughfares, parkways, parks, playgrounds, and other planned developments. k__ _ �, _ r . 1.�. In planning and developing a subdivision, the ger�eral principles and require— , ments set forth in the Appendix of these Regulations shall be observed and in every • case tha following procedure shall be pursued: l. The subdivider shall prepare a preliminary plat of the proposed sub— division conforming with the requirements set forth in Section 4 following, and file with the Planning Commission an application in writing seeking the tentative approval of said plat, accompanied by six �6) black line or blue prints, at least two weeks prior to a regular�y sch�duled meeting of the Commission. 2. Tha PlanninQ Commission will check the preliminary plat as to its conformity with th� Thoroughfare Plan, the School and Recreation Plan, and other adopted parts of th� City Plan of Hopkins, and the princi— ples, standards and requirements herei.nafter set forth; and copies of said preliminary plat will be referred by the Commission for . recommendations or other action as follows: (a) To the CitV Fnginear 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 th� casa of plats out- side the corporate boundaries of the city, for the purpose of obtaining recommendations of,or any necessary action by the Township Board of Supervisors and of the Board of County Commissioners conc�rning matters within their jurisdiction. 3. The Plannin��„Commission upon receipt from the City Engineer af the recommendations and advice of action concerning matters indicated i.n subsection 2 above, will hold a public heari.ng on the proposed plat. Such public hearing shall be he;ld within thirty (30) days after the data of notice thereof; and such notice, setting forth . 5 both the time and place of such hearing, shall be given in a news— paper published in tha City of Hopki.ns. Thereupon, the Plannin.g Commissian will tentativaly approve or disapprove tha piat, or approve this with modifications, and, if approved, will authorize the subdivider to procead wit h the proposed improvements in accord— anca with general standards established by the City Council in the case of plats within the City, and by proper authority in the case of plats outside thz corporate boundaries. The Commission then will nota on the plat any changes that are required, and will re— turn one (1) copy of said pl�t to the subdivider with the date of said tentative approval or disapproval endorsed thereon. Similar copy also will be transmittad by thE Commission to �the City Engineer. 4. The subdivider, after the tentative approval of the preliminary p1at,1 may (a) secure from the appr�priate authorities tha necessary permits to procezd with tha street and sanitary improvements; or in lieu of this, (b) post with the Planning Commission a surety bond, suffi— cient to covar the full cost of said improvements as estimated by the officials having jurisdiction, to insure the satisfactory installation of said improvements at a time fixed by the Commission and in accurdance with its regulations. 5. The subd,ivider, upon completion of all improvements required by these Regula.tions, or upon the posting of a bond, shall file with the Planning Commission the final or record plat of the subdivi— sion for final approval, which plat shall conform in every respect with the require�ments specified in Szction 6 of these ReguZations.2 z lEffective for two (2) years unless extended by the Planning Commission. 2The f inal or record plat of any portion of a larger subdivision, the preli.minary plat of which has been tentatively approved, may be submitted for final approval. 6 6. The subdivider shall file with the Pla,nning Commission six (6) blue prints,and also one (1) transparent copy,l of the final or record � i � plat, and a formal request for approval thereof, along with 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 cogy of the final or record plat to the City Engineer for the pur- posa af checking, and, in the case of p].a�s on�aic�e the corporate 33,mi'��, fo� seeuring sueh action, other than on the parL of the City Council, as may be necessary in c�nnection with any proposed street dedication. If f�und satisfactory, the transparent copy wiZl be returned by the City �,hgineer to the Planning Co�anission, 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 plats outside th�corporate limits, an additional certificate showing that appropri.ate action as may be necessary has bean taken on any proposed street dedication. 8. The Plannin,g C�mmission - after said ccpy of the final plat ta- gether with t he said certificates have been received by the Commission from the City Engineer, and provided that the final plat is found to conform with the preliminary plat as tentatively approved - will transmit fiva (5) pririts of the final plat, along with the transparent copy and certificate of title, to the Council x lOf durable material (tracing cloth or acceptable substitute) from which direct process prints can ba mad�. 2If �a mortgagee joins with tha owner in platting the prop�rty, no release is needed for that part of ]..ands so dedicated. 7 for approval and action on any proposed dedication. Theraupon, the � Council will return four (4) approved prints and the approved trans- ' , parent copy of the final plat to the Commission, two (2) for the Commissionos files, the others for transmittal by the Commission to the subdivider, and to the City Engineer (print and transparent copy). SECTION 4. THE PRELIMINARY PLAT 1. The pre3.iminary plat of the proposed subdivision, six (6) black line or blue prints, prepared by a registered land surveyor, shall accom- pany an application in writir� to the Planning Commission seeking tentative approval of the subdivision in order that improvements may be installed and formal request for fina,l approval submitted there- after. � 2. A vicinity sketch at a scal� of four hundred (1�00) f eet or less to r the inch shall be drawn on or shall accompany th� preliminary pl.�a,t. Such vicinity 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 immediatel,y adjoining the proposed subdivision and between it and the nearest existing highways or thoroughfares. 3. The horizontal scale of the preliminary plat shall be one hundred � (100) feet or less to the inch. /�. The preliminary pla,t shall clearly show and include the following features and infonnation: (a) �'he proposed name of the subdivision, which shall not duplicate `� or closely appraximate the name of ar�y other subdivision in Hannepin County. . 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 pl,at. (d) The names of adjoining subdivisions and the names of record owners of adjoining parcels of unplattetl land. (e) The boundary lines, accurate in scale, of the tract to be sub- divided. (f) The location, w:idths and names of all existing or platted streets or other public ways within 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 sewers, water mains, culverts and othar underground structures within the tract and immediately adjacent thareto, � with pipe sizes and grades indicated. (h) Contours, normaliy with intervals of two (2) feet, referenced to Hopkins city datum, or as may be required by the Planning Commission. (i) The layout, proposed names and widths of proposed streets,l alleys and easements; the location and approximate sizes of catch basins, culverts and other drainaga structures; the l,ay� out, numbers and approximate dimensions of proposed lots. (j) Zoning boundary lines; proposed uses of property and proposed , front yard set-back or other set-back lines. f 1Proposzd street na,mes shall not duplicate or closely approximate any existing street namas in Hopkins or environs, except extensions of existing streets. � 9 (k) �111 parcels of land intended to be dedicated or reserved for public use, or to be reserved in the deeds for the common use of property awners in tha subdivision, with the purpose, con- ditions or limitat ions of such dedication or reservation indi- cated. (1) North-point, scale axxi date. (m) Copies of any private restrictians to be included in the deeds. 5. Construction plans, including the following, for improvements to be installed shall be furnished in accordance with specifications of the officials having �urisdiction and shall receive approval of thase officials before improv�rnents are installed: (a) The profile of each street, at a scale of fifty (50) feet or less to th� inch, with tentative grades indicated. (b) The cross-section of each proposed street, at a horizontal and vertical scale of ten (10) feat or l�ss to th e inch, showing the width of pavanent, tha location and width of sidewalks and the Iocation of utility mains. (c) The plans and profiles of p�'oposed sanitary s.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 disposal, in lieu of sanitary sewers or storm water sewers, respectively. (d) A plan of the proposed water distribution systen, showing pipe sizes and th e location of valves and fire hydrants. SECTION 5. IMPROVEMENTS � Improvements shall be installed in accordance with the follawing minimum re- quirements and regulations: 10 l. Al1 of the improvements required under these Regulations sha,ll be completed prior to the filing with the Planning Commission of the fina,l or record plat and formal request for fina.l approval' in accord- ance with the specifications and under the supert�i.sion of the officials ha,ving �urisdiction; 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 estisnated by the City Engineer, thereby to secure the actua.l construction and � installation of such improvements �mmediately after final approval of the final pla,t or at a time and according to the requirements established by the Commission. 3. Straets 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, and with. curb and gutter, all as required a�c� approved by the authorities having 3urisdiction. 4. Sidewalks of such width and type of construction as required shall ba constructed on both sides of every street where the avarage width of lots is sixty (60) f eet or less. Sidewalks shall be constructed on one or both sides of streets ixrespective of the width of lots, ! r�here, in the opinion of the Pla,nning Commission, these are necessary to protect the safety of pedestrians. IFace to faee of curb. 2In the case of highways, primary and secondary thoroughfares or parkways, as desig- nated in the Thoroughfare Plan, and in the case of residential streets needing wider pa,vements, as shown in the Recommended Street Cross-Sections of the Thorought fare Plan, arrangements shall be made through the City Engineer, or County Engineer in the case of County roads, to pa,ve these streets at their recommended widths, the subdivider normally being required to bear the cost of the 27-foot portion as stated in subsection D. 1. (a) of the Appendix. 1 li 5. Every subc�ivision shall be provided with a storm:wa,ter sewer or drainage systen adaq�te to serve the area being p].atted and other.. wise meeting the approval of the officials ha,vin . 6. Eva 8 J�'isdiction. ry subdivision sha1,1 be pro*ided with a complete water di9tri- bution systen adequ�te to serve the area being p�,tt�� includin a connection for each 1ot arui a g ppropriately spaced fire The entire water s stem shall be des �rants. y igned to meet the a of the officials havin PProval B �urisdiction. 7. In every subdivision , provision shall be made for the satisfactory disposal of sanitary sew�ge: �a) Where a publie sanitary sewer main is reasonab�y acces j.n the o sible, Pinion of tha Planning Commission, the subdivision shall be provided with a complate sanita I'Y sewer system connected with such sewer main, including a la,teral connect- ion for each lot. (b) Where a public sanitary sewer main is not reasonab �,y accessi- ble, in the opinion of the P].annin$ �o�ssion, pr�per pro- vision shall be made for the disposal of sanitary wa,ste by one or the other of the following methods; �1) �n the case of a subdivis ion in which the average size lots is less than one-half of �,1/2) acre, the subdivision shall be provided w3,th a complete sanita ry sewer system, including a laterial connection for each lot, atzd a commun_ ity sewage treatment plant of a type meetin the a of the officials havin 1 � PProval • g jurisdiction. 1'I'he right of the City of Nopkins to ch tairiing such treatment pla,nt shall be indicatedaontthecfinalf orprrati incorporated in each deed. � and ��' ecord plat and . .1": ��12 (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 having �urisdiction deem appropriate, in conside� ation of soil and other conditions as deteYmined by perco- la.tion and other tests, private restrictions shall be indi- cated on the final or record plat and incorporated in ea,ch deed calling for the installation on each lot of an individual sewage disposal system meeting fully the requirements of the o�ficials having �urisdiction. 8. Poles or underground conduits for electric lights or telephone lines shall be placed in easements provided along rear or side lot lines, wherever this is practicable. 9. Monuments shall be placed in accordance with the requirements of the City �g��eer� 8s th�e cass �ap be. 10. Street name signs, of a type meeting th� app�oval of and in the lo- � catians designated by the officials haVing jurisdiction, shall be erected at each highway, thoroughfare and street intersaction. SECTION 6. THE FINAL OR RECORD PLAT Six (6) blue prints and also one (1) transparent copyl of the final or record plat of the subdivision, or of any part of a larger subdivision, shall be submitted to the Planning Commission with a formal request for approval. The final plat shall be drawn at the scala of one hundrad (100) feet or less to the inch, and shall clear�y show the following f eatures and information: (a) All plat boundary lines with lengths of courses to hundredths of a ' foot and bearings or angles to half minutes. These boundaries shall be � determined by an accurate survey in the field, which shall be balanced lOf durable material, tracing eloth or acceptable substitute, from which direct process prints can be made. � �i3 and closed with an error of closure not to exceed one (1) to ten ' thousand (10,000). , (b) The exact locations and the widths along the property linas of all existing or recorded streets intersecting or paralleling the bound- aries of the tract. (c) True bearings and distances to nearest estab3.ished street baunds, other established survey lines, or other official monuments, which morivments shall be lacated or accurately deecribed in the plat.� (d) The accuratz location and materi.al of all permanent reference monu- ments. (e) The exact lay�ut including: (I) stre�t and alley linas - their names, bearings, angles of intersection and widths (including widths along the line of any obl�quely-intersacting street); (2) the lengths � of all ares -- radii, poi.nts of cuxvature and tangent bearings; (3) all easements or rightr►of- ways, when provided for or owned by public services (with th� limitation of the easement rights defi.nitely stated on the plat); (k) all lot lines with dimensions in feet and hundredths, and with baarings or angles to minutes if other than right-angles to the street and alley lines. (f) Lots numbered in numerical order, and blocks also numbered i.n numer- ical order. {g) The accurate outline of all property which is off ered for dedication for public use, and of a11 property that ma.y be reserved by covenant in the deeds for the common use of the property awners in the sub- � � division, with the purpose indic ated thereon. �. lAny established survey or corporation lines shall be accurately monument-marked and located on the plat, and their names shall be lettered on them. "14 . (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, a,nd those stipulated in the deed restrictions. (i) Private restrictions, if ar�y: (1) boundaries of each type of use restriction; (2) other private restrictions for each definitely- restricted section of tha subdivision. (�) Name of the subdivision and nama or riumbar of the largest subdivision or tract of which the tract bei.ng subdivided forms a part. (k) Names and locations of adjoining subdivisions, and location and owner- ship of adjoining unsubdivided property. (1) Idames and addresses of the owner or owners of record, the mortgagee, if any, the subdivider, and of tha registered land surveyor who pre- pared the plat. (m) North-point, scale and dat�a. (n) Statement that any lot transferred will have a mini.mum widt3� and area • substanti.ally the same as those shown on tha plat, and that only one principa.l building will be permitted on any such lot. (o) Certification by tha registered land surveyor who prepared the plat to the affect that (1) the plat represents a survey made by him, that all monuments indicated thereon actually �e�tist and that their location; s�zei and material are correctly shown; and (2) that all requirements of' these Regulations have been ful�y complied with. SECTION 7. MODIFICATIONS AND EXCEPTIONS 1. The general principles of design and minimum requirements for the laping out ' of subdivisions, set forth in the Appendix, may be variec3 by the Planning ., Commission in the case of a subdivision large enough 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 judgment of the Commission, makes adequate provision for all essential , community requirements; provided, however, that no modification shall be granted by the Commission which would conflict with the proposals of the Thoroughfare Plan, the School and Recreation Plan, or with the other feat— urc:s of the adopted City Plan of Hopkins, or with the intent and purposes of said general principles of design and minimtun requirements. 2. In the case of a subdivision of small size and of minor importance, situated i.n a locality where conditions are well defined, the Planning Commission may exempt the subdivider from comp�ying with some of the requirements stipulated in Section l� partaining to the preparation of the preliminary plat. 3. In any particular case where the subdivider can show tha,t, by reason of exceptional topogr�,phic or other physical conditions, strict compliance with any requirements of these Regulations could cause practical diff iculty or exceptional and undue hardship, the Planning Comrnission may relax such re— quirement to the extent daemed 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 impairing the intent �nd purposes of these Regt� l.ativns or the desirable general dev�lopment of the neighborhood and the community in accordance wit� the adopted City Plan and the Zoning Ordinance of Hopkins. A�tp modification 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. . ADQPTID BY THE CIT'Y COUNCIL OF THE CITY OF HOPKINS, MINNESOTA, ALpNG WITH THE AF'PENI�IX HERETO. � Mayor ,. 1954 Clerk �� APPENDIX: GENERx1L PRINCIPLES OF DESIGN AND MZNIMUM RF,QUIR.II�LENTS FOR THE IAYOUT OF SUBDNISIONS. In lay3ng out a subdivision, the subdivider shall compiy with the following � general principles and requirements: A. GE[JF�RAL _._____ 1. The la,yout shall conf�rm to the off icial Thoroughfare Pla,n and other parts of the adopted City Plan of Hopkins. (a) Whenever a tract to be subdivided embraces any �rt of a highway, primary or secondary thoroughfare or parkway, so designed on said Thoroughfare Plan, such pa,rt of such public way shall be pla,tted by the subdivider in the location and at the width indicat�d on said Plan. (b} Where a proposed park, playground, or other recreational area, pro— posed school site or other public ground, shown in the adopted r School and Recreation Plan or other adopted part of the City Plan . of Hopkins, is located in whole or in psrt within the proposed subdivision, such proposad public ground or part, if not dedicated to the City or the Board of� Education, shall be reszrved for a period of not lass than two (2) years frnm the date of fina,l approval of the final plat by tha Planning Commissidn, for acqui— sition by the City or Board of Education by purchase or other means. 2. Where held appropriata by the Pla.nning Commission, open spaces suitably located and of adequate size for parks, playgrounds or other recre— ational purposes for local or naighborhood 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 the deeds. , i7- B. THE STREET AND BLOCK LKYOUT � 1. The street layout of the subdivision shall be in general conformity , with a plan for the most advantageous development �f adjoiriing areas and the entire neighborhood. (a) Where appropriate to the design, proposed straats shall ba con- tinuous and in alignment with existing, planned or platted streets with which they are to connact. (b) Proposed streets shall be extendad to the boundary lines of the tract to be subdivided, unless prevented by topography or other physical conditions, or unless, in the opinion of the Planning Commission, such extension is not nacessary or d esirable for the c�ordination of the layout of the subdivision with existing lay- outs or the most advantageous future developraent of adj�cent • tracts.l . (�) Proposed streets shall intersect one another as nearly at right angles as topography and other limiting factors of good design permit. • (d) Wlzerever there exists adjoining the tract to be subdivided a ded- icated or platted and recorded half-width street 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, pritnary and secondary thoroughfares or parkways - (unless service roads are provided in frorrt thereof) as a means of safe access thereto.2 c 1Dead-end streets (courts) of reasonable length will be approved where they are appropriate for the type of dev�lopment contempla,ted. 2Alleys will not be approved in other locations in residential areas, unless re- quired by unusual topography or other exceptional conditions. , , 1$ 2. Blocks shall have suff icient width to provida for two (2) tiers of lots � of appropriate depth, unlass, in tha opinion of thz Pla,nning ComMission, , prevented by exceptional topography or other physical conditions. (a) The lengths of blocks shall ba such as ara appropriate, in th� opinion of the Planning Commission, for the locality arid the type of development contemplated, but shall not exceed eighteen hundred (1g00) f�et where the aver�.ge size of lots does not exceed twc+ (2) acres in area. (b) In any block over nine hundred (900) feet in l�ngth the Planning Commission may require that a crosswalk or padastrian w�ay, not less than ten (10) f eet wide,be provided near th� center and entirely across such block. C. MINIMUM RIGHT-OF-WAY bdIDTHS OF STREETS. ALLEYS AND EASII�III�TTS FOR UTILITIES . 1. Hi,ghways and prirnary thoroughfares: as designated in the Thoroughfare Plan, but not less than eighty (80) feet wide in any case. 2. Secondary thoroughfares and parkways: as designated in the Thorough- fare Plan, but not lass than sixty (60) faat wide in any casa. 3. Local streets: fifty (50). k. Minor straets and dead-end streets (courts) : fifty (50) f e�t. All dead-tnd streets shall terminate in a circular turn-around having a minimura right-of way diameter of eighty (80) feet, unl�ss the Planning Commission approves a '�T" or "Y" shaped �ved space in pl�ce of the required turning circle. 5. Alleys a.nd sarvice drives: twenty (2p)f eet. ' 6. Easements for utilities, wh<;re required, shall be at laast ten (10) I '� feet wide along rear or side lat lines. � a .�� D. MINIMt�+! PAVIl�IF�1T WIDTHS l. The portion of the pavement required to be installed at tha subdivi.der�s � expense shall be as follows: (a) Primary and secondary thoroughfares or parkways, designated as such on the Thoroughfare Plan;l local streets and minor streets over six hundred (600) feet long; twenty—six (26) feet. (b) Minor and dead—end straets (courts) not over six hundred (600) feet long; twenty (20) feet. The pavement of a turning 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 turning circle, shall ex— tend entirely across tha width of the street right—of—way and shall be at least ten (10) feet wide with the f lared portion rounded by minimum radii of twenty (20) f eat. , (c) A11eys and service drives: eighteen (18) feat. E. STREET GRADFS� CURVES AN__D SIGHT DIST� � 1. The grades of streets shall not exceed the following: (a) Highways, primary and secondary thoroughfares, or parkways, desig— nated as such c�n the official Thoroughfare Plan; five (5) per cent.2 (b) Local streets: seven (7) per cent; minor streets� service drives and alleys� ten (10) per cent. (d) Pedestrian xa�s or crosswalks: �wenty (20) per cent� unless steps of an acceptable design are to be constructed: 2. All changas in street grades above one (1) per �ent shall be connected by vertical curves of a minimum length equal to f ifteen (15) times the � lOverall pav�ament widths shall be as designated by the Thoroughfare Plan� 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 the case may be, unless it shall be detertn— ined by the Commission that such greater width will baefit the subdivider in propor— tion to its cost; provided, however, that the cost of curb and guttar shall be bor�e by the subdivider in any case. 2Minimiun grades sha�l not be less than five—tenths (0.5) per cent. � 20 algebraic difference in tha rate of grade for highways� thoroughfares 4 and parkways, and one—half of this minimum for all other streets. 3• Tha radii of curvature on the center line shall not be less than tha following: (a) Highways, thoroughfares and parkways: five hundred (500) feet. (b) Local streets, minor streets, service drives and allays: one hundred (100) feet. F. INTERSECTIONS l. At street and at a11ey intersections, property lina corners shall be rounded by an arc, the minimum radii of which shall be ten (10) and five (5) feet, respectively.l 2. Street curb intersections shall be rounded by radii of at least twenty— five (25) feet. 3. The above minimlun radii shall ba increased when the smallest angle of intersaction is less than si.xty (60) degrees. ' G. �TS 1. The size, shape and orientation of lots shall be appropriate for the location of tha proposed subdivisiof� and for tha 'type of development contemplated. 2. Fxcessive depth in relation to width shall be avoided.2 3. Ev'ery lot shall abut on a street. 4. Lots for residence purposes shall be at least f ifty (50) f eet wide at the building set—back li.na, jn order to permit compliance with the side yard requiranents of the Zoning Ordinance and still be ,adequate for a ' building of practicable width. 5. Corner lots for residential use sha11 be platted wider than interior lots in order to per�it conformance with the set—back required by the Zoning Ordinance on the side street. lIn business districts a chord may be substituted for such arc. 2A proportion of 2 to 1 normally shall be considered appropriate. ' �., 21 ' b. Residantial lots fronting on hi.ghways, thorottghfares 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. g. Side lot lines shall be approximately at ri�t angles to the right— of—way line of the street on which the lot fronts. � � � _ � ...__ r . _�.� 22 Z 0 N I N G � CONTENTS Pa�e ZONING . . . . . . . . . . . . . . . . . . . . . . . 11�.8 Use of Land. . . . . . . . . . . . . . . . . . . 11+9 Present Zoning Ordinance and Map . . . . . . . . 150 Zoning Text. . . . . . . . . . . . . . . . . 153 Suggested Ordinance and Map Amendments . . . . . 155 PPEIVD IX . . . . . . . . . . . . . . . . . . . . . . 159 Single-Family Residential District . . . . . . . 159 One and Two-Family Residential District. . . . . 162 Multiple Dwelling District . . . . . . . . . . . 16�. 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 Dwelling Groups. . . . . . . . . . . . . . . . . 171 Community Unit Projects. . . . . . . . . . . . . 172 Tables Comparison of Areas Zoned and Uses - 1952. . . . . . ].4,q Areas in Present and Proposed Zoning Districts . . . 158 Exhibit - Followin� Page Proposed Zoning Map �3 r 23 zou�rG , Zoning is the regulation of the use of private property - for the purpose of ' pr�noting the orrierl develo Y �nent of a community, and furthering the health, safety, and general welfare of its inhabitants. Under zoning, every property owner is allowed the enjoyment of all af his property rights so long as he does not encroach on the same rights of others. Thus, it protects every property owner from injury by selfish or thoughtless neighbors or other property owners who would seek private 8ain at his expense and that of the c�nmunity. Zoning imrolves dividing the community into distriCts or zones, and regulating, district by district, the use of proparty and the height and size of buildings. It is the instrument for giving effect to that part of the comprehensive City Plan whicli is concerned with the use of private land - as distinguished from that pa,rt which is concerned with public areas and f�cilit�.es. r In most cities, thare are any n�bar of instances of the indiscriminate manner , in which residential, business and industrial buildings have been located prior to zoning. Retail stores and filling stations, and even industries have invaded pre- dominantl,y residential neighborhoods. Aside from such casas, fortunately not too numepvus or serious in Hopkins, many resi.dences have been built in the past with little regard to desirable set-back building lines, or with yards too narraw for adequate light, air, privacy, and fire protection. Buildings of every sort have been placed unt�isely with no regard to the interest of neighbore, the neighborhood or the conm►unity 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 ex osed p , prior to zoning, to simila,r dangers. The invasion of incomp3tible property uses into residential szctions or of resi- dential uses into industrial. areas, tha overcrowding of buildings, excessive 7.and ( _ _ z�: coverage, inadequate open spa,ces about buildings, ar�d other malpractices in land use 4 are among the principal causes of blighted areas and slums. It has been esti.mated . 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 ba 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 shrink- ing tax duplicate and, consequently, higher t�x rates i4" reasonable standards of public services are to be maintained. Use of Iand Relationships between the way land presently is zonad and used in Hopkins are shown in the table below. COMPARISON OF AREAS ZONED AND USED - 1952 (Approximate Acreages) . Aistricts Residential Multiple Dw. Co.*nm; Industrial Total • To�al Zoned 1,820 30 150 425 2,425 Totf al i�.,_ 900 12.5 g2.5 lq5 1,190 Single�Family S50 5 20 5 5g0 T�►o-Family 5 � 5 - 10 Multiple-Family - 7.5 2.5 - 10 Commercia]. 201 - 35 5 60 Industrial - - 5 115 120 Railroads 20 - 5 65 90 Parks & Play$rounds 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-fi.fths is non-residential - mainly public and institutional. Only about two-fifths of tha - 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 wheh rounding out the figures. 25 Multiple-family rasidences account for only about 10 acres in the entire city - less � than two per cent of all land use�lresidentially. Nearly one-fifth of the acreage zoned "corcarierci.al" 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 tha commercially used acreage in the city is located in other tha,n commercial districts - most of this in the two residence districts.l Only a little over 30 acres of residential uses (about 5� of the total area in such uses) is in non-residence districts. Of the 1,540 acres in usa or developad (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 industri.al (and railroad) uses, nearly eight per cent. , It is apparent from the foregoing table that there is still considerable land • availab].e in the city for further development for various purposes. In this respact, more than half the present residential and industrial zones, and nearly half of the _ land in cammercial zones are yet to be developed:2 In the Case of the commercial 2ones, 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 have been amended since. 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 conforming under the Zoning Ordinance - 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, develo�nents in Hopkins, both present and prospective, are of a wide variety , of types, suggasting the need for a soraewhat wider range of districts and district regulations. Too, certain general and special provisions found in modern ordinances are lacking. Before taking up the shortcamings 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 cnnsidering othar changes in the Ordinance which may be initiated later. I. Requirements and Standards in General 1. General standards, that is, requirements applying to new buildings on lots of standard size, should measure up at least to actual recant local practices - otherwise they will not have much influence on new building constructi�n 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 spa.ce requirem�nts in accordance with specific formu3..3e. Application of the foregoing is preferable to setting lower than desirable and practicable general standards for new buildings in ordzr to meet conditions • found in older sections of obsolete building practices no longer acceptable. 2. The required open spaces about buildings (various yards and courts) should incregse with the height and, desirably, also with tha size of buildings, except in the case of front yards in residance districts. II. Dis�s an_d �`�S 1. Excessive zoning for business, usually along thoro�ughfares and highways (ribbon zoning), should be reduced to bring the zoning of such frontages more nearly into scale with actual future requirem�nt realistically estimated� �nThera appropri- ate and still practicable, the excess business-zonad frontages should be rezoned for residance (generally for multiple dwellings closer in and one or two-fami�y dwellings farther out}. 2. �ny undeveloped potential residential sections, the appropriate future zoning of which may be in doubt, should be pl,aced in ona of the more restricted resi- dantial use district classifications. Other less restricted types of residential - districts can then be set out from such more restricted districts la,ter when future conditions require. ' 3. Residential areas of scattered develo�nent which are intended to be re- developed for industrial or othar non-residential uses, should be zoned residential, whenever practicable, until their redevelo�xnent is undertaken. This will nut only sar�e the purpose of affording soma protection against further impairment of living conditions i.n such areas, but wili facilitate the assembling of large industrial sites at the time of redevelopment 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 domina,nt types of uses in the district, but which are either necessary or not ` ipsv facto undesirable, should be permissible as "special exceptions« when author- ized by the board of adjustment or other board or commission acting in this capacity, , or else sub�ected 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 kind. 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 kind are espacially needed if such sites are not to be pre-empted by residential develo�xnent usually not of acceptable standard. 6. Transitional uses, as well as transitional open space provisions�should be amployed to mitigate hardships along zoning boundary lines 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 proparties in th2 more-restricted district. Transitional openr space provisions, howaver, should impose extra requirements on tha less-restricted properties rather than the other 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 , structures, 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 community, • and especially the residantial areas, of non-conforming uses can be invoked to oust existing ones - except where the statutes specifical�y prohibit this. 8, Large-scale residential dev�lopra�nts of the community unit type should, under proper conditions and safeguards, b'e allowed in all residential districts - with the: possible exception of the m�st restricted single-family district. Necessary adjustment can best be brought about by roper design, for which reason the grant of a petmit desirably should be ha,z�dl�l thr�f�h the zoning and planning commission in accordance with tests or �onditions specified in the zoning o�dinance. II I. F'�rpr� g� rd� 1. Front yards should be required in neighborhood business distriet and in most manufacturing and industrial districts. In neighborhood business districts, front yards should conform or nearly conform to those required in th� adjoining res�.- dential zones. In industrial and manufacturing districts, front yard requirements will encourage the provision of attractive setting, in lina with modern practice. • N. Side Yards 1. Requirements should be predicated on minimum acceptable standards of • direct sunlight and daylight intensity for every room. Minimum side yard widths should be closely and consistently related to building heights, and, desirably, side- wall lengths as well. ► �;� 28 V. Rear Yards 1. Required depth should increase with building height and, because of the � various us:;s ma.de of rear yards by occupants (parking, laundry drying, play), desir- ably also with the number of dwelling units, rooms or parsons in the building. „ Required depth should be at least equal to buil�iing height - but not less than a minimum in any case. VI. Lot Areas l. Requ�s ed minimum lot are�,s should bear relation to actual practices in new sections. The problem of existing small lots of record should be handlad by exempting such existing lots from the minimum lot area requiremcmts, provided the proposed buildings comply with open space (yards and courts) requirements scaled down from those applicable to buildings or lots of standard. or larger sizes and dimensions. 2. Required lot areas per family ar dwelling unit are among the most import- ant zoning regula,tions - for th�y place an absolute ceiling on tha intensity of residantial land utilization. Becausa building and population densities are prin- cipally conditionad by such lot area requirements, they are called density regulations� VII. Courts Court requirements of raost zoning ordinances have been altogether inadequa,te and ineff ective. The principles applicable to court requirements are similar to those that apply to side yard raquirements - that is, they should vary with build- ing height if not with depth as well, and should assure an amount of di.rect sunlight and standards of daylight intensit,y in every room consistent with healthful conditions. Courts required for rooms in which people are to live should be outar courts in the case of all buildings inter�ed for normal residential occupancy. These should havz minimum widths somawhat greatar than twice the minimum sid� yard widths required for buildings of the sama height a,r� depth - and not lass than cert�,in minima irrespactiva of building height or size. # � � * � The more important shortcomings of the present Ordinance are discussed in the following. Zonin� Text Ganeral. There are too few categories of districts in view of the wide variety of uses and types. Certain definitions appear to ba unnecessary;l others are some- � what unconventional; definitions of certai.n terms which are customarily defined are ` omitted. Open-space requirements, especially in the most restricted district, are ir.adequ,ate; and thase are missing, in part, in the commercial and industrial districts. - ZFor example °YblockPQ. Under the front yard requirements in tha body of the Ordin- ana.;, this term is not usad but is redefined. 29 Side and rear yard requiremants based on p�rcentages are illogical and inequi_t- able., Transit,iona,l provisions, both in respect to uses and open-spaca requir�ments � are lackinge There are no provisions covering conv�rsions of dwellings to multi- • family usa when it is unfeasible to mezt strictly the open-space requiremants. There are no Gtandards or requiremants dasignad for larger residential pro�ects in single own��rsh�p. such as dwelling groups or rasiden�e develo�n.ent (community unit) projects, on sites which are not laid out into lots in the usua.l mannar. The re- quirements for off-street parking are incompl:;te. The sections on 1PAdjustmants and Appzals'' and "Special Use Parmits'P are de- ficient in several r�spacts, including tha failure to point out clearly the distinct- ion between Q'variances'l (P9ad justments") and t�special exceptions'� (�ospecial usesF'). Morzover, requiring that variances and special exceptions be authorized by Council, a legislative body, is contrary to general practice whzrain such administrative matters usual�y are delegated to a board of adjustment or zoning commission. � No provision is made for the issuance of a certificate of occupancy - in the _ case not on],y of naw buildings or additions, but, mora important in soma respects, to cover uses of ]�,nd 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 "planning commission,a� should be a separate ordinance rather than pa,rt of the Zoning Ordinance. Resid�ntial District. Permits two-family dwellings - th�re is no real single- famil,y district; places no restrictions on the kind of farming, permits commercial nurseries and greanhouses. Does not directly permit hospitals and othar i.nstitutions, even on large tracts and under special distance requirements. f°Building site's regu- , lations create a district within a district, and include regulations of ganeral application. � Multiple Dwellin� District. Parmits businass usas; also hotels for ti•ansiznts. Lacks "building site" and density regulations. Front and rear yard, if not side yard, raquiremants are inadequate. P�rmi_tted height is excassive. r 30 Commercial District.. Makas no distinction batwean neighborhood or downt�wn � type of district, not only in respact to uses but heights of buildings. Lacks "building site�4 and density regulations. Has no sprcific requirements for off—street 2oading. Permitted height 1s 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 resid�ntial uses. Has no specific raquirements for off—street loading or parking. Zonin�_Map,. In general, this is well drawn, with the districts quite logically located and the boundaries reasonabl,y well deterrain�d. Defects derive mainly from the lack of sufficient types of districts; also over—extended commercial (ribbon type) districting. Suggested Ordinance and Map Amendments Because the present Ordinance is relatively new, only the more iraportant defects and deficiencies are proposed to b� corrected at this time. However, the r additiona,l onas, implied under the general poZicies and principles sat forth earlier, + as. well as the specific shortcomings ��st above pointed out, should ba corrected in . due course after the City Plan is adopted and has been in eff ect for some time. Accordingly, it is recommended that: (1) A single•-family district be created (see suggested uses, along with h�ight, area and yard regulations and requirements in t�e Appendix hereto).l (2) A ne�ghborho�d btisiness - highway servi�e district be created (See Appendix).2 (3) Lot area requiremants be astablished in multiple dweYling �.nd commer— � cial districts (See Appendix) . 1Making these changes will necessitate modifications in the provisions of the present residential and multiple dwelling districts. Sttggestions in the case of these districts also are contained in the Appandix. 2Doing this will necessitate changes in the text of the present commercial district, � . . . :.31 (4) T�'ansitional provisions be set up (See Appendix). � (5) Conversion provisions be set up (See appendix). „ (6) Parking provisions be rounded out (See Appendix). (7) Dwelling unit and rasidential development (community unit) project provisions be se�t up (See Appendix). (8) Residantial uses, including schools and institut ions for human care, be prohibited in the Industrial District; (9) Distance requirement (such as 100 or 200 feet from �ther districts) be prescribed for more ob�ectionable industries; (10) Provision be made for the issuance of Certificates af Occupancy. Reconnnended map changes involve not only the proposed new types of zonir� districts - name�y, single-famil.,p and neighborhood business-highway service - but certain modifications in the boundaries of the present districts as well. These are - s►t�ar�t '�;n itE��e�P1�bi�, �4'lPx4�5��1ing Map," and described in the following. � Sin�le-Fam�y District The boundaries of this district were established to includa Bellgrove, 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 arounc� Harley Hopkins School has also been included, even though the lots here are smaller than prescribed for this district. Since it is largely built up with singla-family homas� it is felt it should have the pr'otection of single�-family districting. Ona .and Two-Familv Residential District _ ..._.__ This district covers the central and southerly �rts of th� 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 somz of the lots are somewhat larger. At present the lot �ea, requirement in the general residential district is 7,500 square f eet (with certain exceptions), per,, mitting two families on such a lot. Under the proposed standard m�nim� lot size �� 32 of 6,000 square feet would recognize prevailing conditions, and the 3,500 square feet of lot area per family requirement would not open up all lots to two-fatni],y occupanay , but would permit this only on over-size lots or where "standard" lots were to be re- divided in order to gain additional area to justify two-family occupancy.l Multinle-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 liberali�ed to per- mit certain non-resideritial uses which are reasonably compa,:�ible with residence. A multiple-dwelling district has been created to the north of Excelsior - north to First Street, North; and the strip commercial zoning along Fxcelsior, west of 13th Avenue, has been eliminated and a multiple..dwelling district substituted. Nei�hborhoai Business-Hi,�hwav Service and Commercial Districts _ _' „ As indicatsd above, the strip commercial zoning along Excelsior Avenue has been reduced by the elimination of the part to the west of 13th Avenue. Some commercial district zoning has been replaced by industrial on Excelsior between Tyler and Monk; and on the south side of Excelsior between these same streets the commercial zone has been eliminated. A new business district has b�en proposed on Highway 7 at Monk where the Trunkline Artarial will connect with t he highway; and likewise on County Road 18 at the old County Home which is now occupied by the Honeywell laboratory. The district at the north�ast corner of Highway 7 and County Road ?3 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 Ra,ilroad. Another enlargement, also south of lA further inod.ification of the text of the ordinance might recognize the superior exposure of � ca�e� �otfrom 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 lots, which not only have superior exposure, but are more adaptable t� the semi-detached type of house than are interior lots, could be appro�» priately developed for two-family occupancy. r , _ ,. : 33� the railroad, is propos-ad in the genaral area west of County Roa,d lg and north of . 5th Street, South. The boundary in the vicinity of Lake Street has bean carried .. along the general line of the Trunkline Arterial and should follow the Arterial when the alignment has bean officially established. Making the changes above indicated will result in acreage in the various zoning districts shawn in the following tabla; where comparisons with present acreages are also given. AREAS IN PftESIIVT AND PROPOSID ZONING DISTRICTS1 (Approximate Acreages) Present Proposed Araa Area Residential 1,545 �1,,�10 Multiple-DwelZing 25 G.5 Commercial 115 80 �ndustrial �p_ ��p ` 2,075 2,075 The reduction in the commercial zoning, it should be explained, results from changing to residential nly about 15 acres (mainly along Excelsior, 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 the multiple-dwelling district permitting certain non-residential uses and the industrial district permitting caa4nercial uses, the net reduction rilay be taken as 15 acres, rather than the 35 indicated in the table. Even the 80 acres shown pro- vides for commerci.al expansion of over 100 par cent, there being at present only " 35 acres tzsed commercially in commercial zones. � ; lExcluding streets and alleys. � � � - �� . ..�L� _ _. _- . . . .__.. � ZONING AND PLAN MING COMMISSION H OPKIMS MIHNES OTA o wo ,mo ,aoo moa noo .woo awo LA 0ISLAaS SEG OE AND ASSOCIATES [ I r v IL l N N I N 6. C D N S U t T A N T S CIN CINMATI •OHIO 1953 G O M P R E H E N S I V E proposed P N 1. C I T Y P L A N H 0 P K I N 5 ZONING DISTRICT BOUNDARIES 10 M I N N E S O T A � 34 A�PFNDIX ' (Proposed Draft) SINGLE-FAMILY RFSIDE�JTIAL DISTRICT USE Rk�UI�TIONS . . . . . (a). One-family detached dwellings; (b). Churches, public and parochial schools� public libraries ar�d 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 �rks, playgrounds and community centers; public and private non- commercial goli coursas or country clubs; (e). Existing railroad right-of-w�ys, not including switching, storage, � freight yards or sidings; , (f). Gardening and general farming,, not including commercial chicken farms, hog farms, or other commercial animal farms; (g), The following uses, sub�ect to the issuance of a special use permit: (1.) Plant nurseries and greenhouses, provided there is no sales- room nor any products sold other than those produced on the premises, and provided f�rther that any greanhouse heating plant shall be at least 100 feet from every lot line; (2.) Branch telephone axchanges, static transformer stations, sani- tary sewage lift stations, and booster or pressure regul,ating stations, _ all without yard or storage, (h�. Accessory uses customarily incidental to a permitted principal use on the . sama 1ot therewith, including: (l.) privata garages or parking areas; (2.) living quarters of persons arnployed on the premises; :, . 35 (3.) office of a physician, dentist, lawyer, architect or engineer tti�A� h3s .dxelling; .. (l+.) customa,ry incidental home occupations when conducted within the � dx�iling3 (5.) keeping of not more than two roomers or boarders by a resident - family, (6.) real astata signs, not exceeding 25 square feet in area, except as may be authorized by a special use permit, set back fram every street lot line at least 20 feet; (7.) small announcement or pmf essional signs, not exceeding one square foot in area, azeept that an announc�ment sign or bull�tin 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 RbGULATIONS. (Same as under present residential district). � BUILUING SITE R�ULATIONS. (Modify pmvisions as set forth under present resi— dential district.) . . . . . an area of not less than 10,000 square feet r�nd a front footage of not less than 75 feet. {Note: Consider the desirability of deletirig the proviso; as set forth unde� the present residential district, concerning parcels of 3,750 square €eet). FRONT YARD �EQUIR.FMIIJTS. (Same as undet� present residantig�. district): SIDE YARD REQUIRII�3JTS. . . . . . one and ol�e�hal.ff' stor�esi each side yard shall have a width of not less than teri feet. For ...... two stories ...:.. a width af not less than 15 f eet. ' (Note: Changz the provisions concerning narrow lots and corner lots, as set forth undar the present residential district, ta accord with the above.) ` (Note: If the area around Harley Hopkins $chool is placed in this district, re— duction factor should be designed to accommodate the aarrow lots here.) � 36. REAft YARD REQUIRIl�IFNTS. (Revise that set forth under the present residea�tial district to read 'tEach lot . . . . . shall have a rear yard of a depth of 35 feet; _ except that on lots less than 120 feet deep, six inchPs ma,y be deducted for each foot by which such lot is less than 120 feet deep, provided no rear yard shall be less than ten feet deep.��) � . T � — ---- - ..r _ _ .. _ — ..I . 37 (Proposed Draft) ONE AND TWO-FAMILY RFSIDII�iTIAL DISTRICT USE RDGULATIONS . . . . � (a). Single-family residential district uses; (b). One-family s�ni-detached and two-family dwelli.ngs; (c). Privata schools for aca@emic instruction; (d). Th� 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�rai.nded; (2). Dwelling groups; �3). Community unit pro�acts; _ (4)• Tourist homes, on lots abutting State highways; (5). Private clubs; lodges, social or re�reational buildings or R properties, not for profit; (e). Single-family residantial district accessory uses; (f). Other accessory uses and structures, not otherwise prohibited� customarily incidental to a permitted principa,l use on the same lot thetewith, including: (1). keeping of roomers or boarders by a resident family; (2). a sign flat against a building, appertaining to any of the permitted principal uses of a non-residential character, not exceeding 25 squa,re feet in area; or a free-standing sign, of the same purposa and not exceeding such size per face� if at least l� feet from every street lot line; . �3)• a sign flat against a building appertaining to a non-conforming use on the prernises� not exceeding 50 square feet in area; or a frea-standing sign� of the same nature and not exceeding 25 square f eet in area per face, if at least 10 feet frnm every street lot line� � - t � 38 HEIGHT REGULAmIONS. (Same as in singl�—fami�y district) , BUILDING SITE REGULATIONS . . . . , nvt lzss than 6,000 square f eat . . . . . not � less than 50 feet. Thare shall be at least 3,500 square f eet for each resident family. FRONT YARD REQUIRII�iII�TTS. (Sama as in singl�—family district). SIDE YARD RDQUIR.�IENTS. (Sama as undar presant residential district). R�R YARD RDQU�F�IFNTS • • . . . 25 feet (with reduction factor for shallow lots). . . . � _ _.._ _ .� � _ r-- . i�� (Proposed Draft) MULTIPLE DWELLING DISTRICT USE R�UTATIONS . . , . � (a). One and two-family residential district uses; (b). Apartments and row houses for any rmm�ber of families; (c). Hotels� not primari�y for �ransients, including incidential acces�ary services therein, provided there is no exterior display or advertising except for an announc enent sign; boarding and lodging houses; (d). Tourist homes, on lots abutting State or County highways; (e). Private clu�s� laciges, social or recreational buildings or properties, not Por prof it; (f). Nursery schools and day nurseries; , (g�. The following uses, sub�ect to the issuance of a special use pef�it: (1). Offices and clinics of physicians, dentists, architects, attorneys, ' engineers or othar professional persosis; (2). Offices of eivic, religious� philanthropic or charitable organiz- ations� the activities of which are conducted primari7,y 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 atxi two-fami],y residential district aceessory uses; (i).Other accessory uses and structures, not otherwise prohibited, custom- arily incidental to a peYmitted principal use on the same lot thereM►it1�� including; (1). a non-illumined sign not exceeding six square feet in area or an R illuminatad sign wit h the source of light not visible from the street or ad�oining prea►ises, not exceeding faur square feat in area, identifying the building to which it is accessory and any la.wful principal use thereof, and attached flat to the building. ��, HEIGHT RDJULATIONS . . , . . 40 feat of threa storzes. - BUILDING SITE RF�ULATIONS . . . . . nat lass than 6,000 square feet . . . . . not less than 50 feet. Th�re shall bz at laast 1,500 square feat for each rasidant f amily. F80NT YARD REQUIRIItiiIIJTS . . . . . ona story . . . . . five feet . . . . . two storias . . . . . 10 f aat . . . . . three stories . . . . . 15 f eat. REAR YARD REQUIR�IENTS . . . . . 25 fezt (with reduction factor for shallcw l�ts) . . . . . CQIJRT RF�QUIRFMENTS. (may ba stipu3.ated h�re, or raquired under th? Building Code). w / a � _ . -r _.. .�a� �... . l�J �1 (Proposed Draft) - NEIGHBORHOOD BUSINESS HIGHWAY SERVICE DISTRICT �� USE RDsULATIONS . . . . . (a). Multiple dwalling distriet uses, but no spacial usa permit need be sacured except in tha casa of dwelling groups or community unit pro�acts; (b). Any neighborhood retail businass or szrvica �stablishmant: supplying commodities or perf�rming services primari],y for residents of the surrovnding neighborhood, such as bank, barber or beauty shop, business or profassional offica, clothzs claaning or laundry pick-up station, salf-sarvice laundry, delicatessen, drug store, filling station, grocery store, maat ma.rk�t, rzstaurant, soda fountain, sho� repa.ir shop, tailor shop, th�ater, and the like; (c) On proparties fronting State or County hi.ghways, the following usas: (1). The usas named above under subdivision (b)., but not limited to � supplying coum►�dities or perfarming sarvices for residents o£ tha n�ig�� „ borhood. (2). Highway service usas, such as antiquz or gift shop, automobila salas or service garaga doing minor repairs only� autamobile or trailer salas lot, farm implement sales astablishmant� rese�,rch laboratoryj commercial parking lot, drive-in eating or drinking establishmant, motel; outdoor advertising sign or billboard, tourist home, and tha like. (d) Multiplz dwelling district accessory uses: (e) Other accessory uses customarily incidential to a parmittad principal use, including: � (1}, accessory parking areas, (2). signs attached flat agai.nst a building; and free-standing signs not exceeding 50 sqvar� feet in area per face, provided thesa are laast fiva feet from any streat lo� lina. HEIGHT R�ULATIONS . . . . . k0 feet or three stories. � BUILDING SITE R�ULATIONS . . . . . (residantial) . . . , . at laas�, 3,500 square f�et for each residantia family. FRONT YARD REQUIRIl�iENTS . . . . . 20 feet. • SIDE YARD R.EQUIR�MF�IVTS . . . . . (r�sidential - same as in multipla dwelling dist- rict.) (non-residential - whan adjoining residential or multiple-dwalling district, �ame as��in. such:district�.� ..... . _ . BEAR YARD REQUIl3II�IENT�. (residenti.a,]. » s�me as in multiple-�dwelling dist�a.et) {non� residential - when adjoining residential or multiple-dwell3ng district, twice the side ya,rd requir ed in such district). COURT REQUIREME�ITS. (ma,y be stipulated here, or required, under the Building Code)� . . , R �_. . �. _ ._ i__. !J 43 (Praposed Draft) TRANSITIONAL USFS IN RFSIDE�iTIAL DISTRICTS �� In any residential district a transitional use shall be permitted on the lot the side lot line of which ad,joins, either directly or across an a11ey, any commercial or industrial district. The permitted transitional uses for ar�y such lot in the single-family residential district shall be any use permitted in the one and two-family residantial district; the permittad transitional uses for ar�y such lot i,n 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 go�erning lot area per dwelling unit, off-street parking, yards and other open spaces shall be the same as for the district respectively next Iisted in r'Establishment of Districts.�� 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 DWELL7NGS The conversion of any building into a dwelling, or the conversion of any dwell- ing so as to acoommodata az1 increaszd tiumber of dwelling units or families, shall be permitted only within a district in whiCh a ne�t�r building for simila,r occupancy would be permitted under this ordinan�e, and anly when tha resulting occupancy will comply with the requirements governing new canstruction in such district with respect to minim� lot size, lot area per resident fami],y, dimensions of yards and other open spaces, and off-street parking. Each conversion shall be sub3ect a�so to such further requirements as may be �pecified herein within the section applying to such � district. The aforesaid requirements with respect to yards and other open spades - shall not app],y in case the comersion is a part of a dwelling group; also in case the conversion will not involve any exterior structural changes. � 44 OFF-STREET P,IRKING AND LO;�DING Ai� REI�UIRh�KENTS In alI districts� in connaction w:ith avery building or part thareof h�reaftar erectad, there shall ba providad and maintained on the same premisas with such build- ing at least one off-street loading space accessible from an alley, aas�smant 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 ar�,y requir�i yard or court space. In all districts (except in areas whare certain uses riay b2 specifically ax�mptad bacausz public parking facilitias hava ba�n provid�d��off�streat accessory parking areas, in tha op�n or in a garag�, shall ba provided in conn�ction with tha following uses, in addition to tha �,bova raqi.iirad loading and unloading areas, on the premises intandad to b� sarvad, or on adjoini.ng or naarby proparty within 100 faet of any part of said premises and in thc: sam� or a lass restricted district� in accordance with the following: Use Paricin�Space Requi�ed -- usiness and Professional Officas 1 fer each 500 sq. ft. of floor area Bowlin�Alle�vs 3 for each alley Churches and School Auditoriums 1 for each 10 s�ats in - -------..�...._.___ principal auditorium Dwellings 1 for each dwalling unit F�neral Hom�. Mortnaries 2 par chapel room or par�� or �. par 100 sq.ft. of f loor a rea of rooms us�c} f or serviezs, whichev�r 3,.s gt�eg�er" Hardware and Appliance Stores. Housahold ui ant or Furniture Shops, � 1 for each 1,000 sq. ft. ' ov,:r 1,000 sq. ft. of floor area of floor area Hos�S 1 for each 5 bads ^ Hotels 1 for each 2 guest n�oms Clubs and Lod�in� Housas 1 for each 2 badrooms Man---�� P� 1 for each 4 employeas on maximum working shift .,:_ �� Restaurants 1 for aach 200 sq. ft. of _ over 1,000 sq. ft. of floor area floor ar�a Retail Stores. Supar Markats. atc., 1 for each 300 sq. ft. of , over 1,000 sq. ft. of floor ar2a floor area Thaatars 1 for each 1� saats In the case of any usa which is not specifically mantioned h�rain, tha provisions for a similar usa which is mentionad shall apply. Off-street accessory parking areas shall provide parking spaces, zach of which shall ba not l�ss than 160 square faet in area �xclusiva of access drives or aislas. Such parking areas shall be of usable shapa, and, if for more than five v�hiclas, shall ba improved with a durabl� and dustl�ss surfaca and so graded and drainad as to dispasa of all surface watar accumulation within tha area. Any lighting used to illuminate such parking araas shall ba so arr�.ngad as to reflect tha light away from adjoining premises in any residenti.al or multipla dwelling district. If on the same . lot with a principal building, tha pa,rking area shall not b� located within tha fror�t � yard or side strezt yard raquired for such building; and if not on the samz lot, not closar to any street lina than tha l�ast dapth of tha yard which would ba required for a principal building of ona-story haight. Tha zoning and planning commission may authorize on appeal a modification, re- duction or waiv�r of tha foregoing raquirements, if i� should find that in the par- ticular casa the paculiar nature of tha usa, or ather exceptional situation or con- dition would ,justify such modification, reduction or waiver. . -- ------ ___ _ .._._ ..�6 DW"t,LLING GROUPS In the case of a project consisting of a group of two or more buildings to be " constructed on a plot of ground not subdivided into the customa,ry streets and lots and which will not ba so subdivided, or where the existing or contemplated street and lot layout make 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 in a manner that will insure substantially the same character of occupancy, maximum intensity of use� and minim�nn standard cf 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,ject is to be located, or a smaller lat area per family than the m:inimur.i required under this ordinance in snch district. Nor shall . the commission authorize a building coverage exceeding that which would obtain were ,� the same area to be developed by tha customa,ry subdivision thereof into streats and lots in conformance with the platting regula,tions, and by the typz of buildings customary in the district and i.n compliance with the requirements of this ordinance. r 47� C�ItJNITY UNIT PROJLCTS � A cc�mmunity unit pro�ect 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 individua,l buildings, may ba authorized by the zoning and planning commission in districts in which such pro3ects are permitted under this ordinance providad tha commission finds that the plans of such pro�ect meet the following ccnditions: That the tract of land on which the project is to be erected comprises at least five acres, unless comprising an entire block. That the buildings are to be used only for residential purposes and the custamary accessary uses, such as private garages, storage spaces, recreatienal and community activities. , That the average lot area per family 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�ect is to be loCated. That there is to be provided within the tractj or 3�nediately ad,jacent thereto, parking spaces in private garages br off-street parking ar�as as specified in � That there are to be provided, as a paat of the project, adequa,te recreation areas to serve tha need of the anticipated population to be housed tharein. t h That the proposed pro,ject will cons�itute a residential environment of sustained desirability and stability; that it will ba in harmony with the charactar of the surrounding neighborhood and insure substantially •-� 4�' the same type of occupaxicy as obtains or may be expected to obtain - in said neighborhood; that it will result in intensity of la,nd utiliz— ation no higher, and standards of opan spaces at least as high as per� mitted or specified in this ordinance in the district in which the pro3ect is to be located. That tha pro3ect will be consistent with the intent and purpc�se of this ordinance to promotz public health, safety, and general welfare. . . s M 49 � P L A N N I N G A D M I N I S T R A T I 0 N C ONTENTS Pa�e . PLtiNNIlJG ADMINISTRATION . . . . . . . . . . . . . . . 175 Legal Aspects . . . . t : . . . . . . . . . . . . 176 Administrative Practices. . . . . . . . . . . . . 177 Administration of the Zoning Ordinance. . . . 179 Zoning Amendments . . . . . . . . . . . . . . 183 , r t . [ ,�0 PLANNING ADMINISTRATION . Hopkins, as a rapidly growing community, requires continuously efficient an,d .. forward looking administration of its municipal affairs. Now that it is equipped with a comprehensive City Plan for community improvement and development, it is an even better position than previously to work tox$r.r}-. �e:.�c�;aa.��, �nc�aa�ng3,rr ' more attractive, conveni�t and otherwise desirable community. The City Plan of Hopkins particularizes and correlates each of the p�y�„�eal features of the community�s present and desirable futura dev�lopnent. Under state � laws and the City Charter the Zoning and Pla,nning Commission is the agency responsi- ble for advising and assisting the Mayor and Council and other public officials, as well as private developers, in carryi,ng out or otherwise giving effect to the recommendations of the Plan. This is no mean task. Not only will thare be pressure by special interests; but, as in othar cities, well-meaning individuals will argue �,•� that it is impracticable, if not impossible, to solve the traffic problem or the � 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 vn the part of the Zoning and � Planni.fig Coa�issioh - when supported by the Mayor and Council and other public � officials, and most important of all, by the citizens of �iop�Cins - will aecomplish� as in othar oities, the gradual realization over the yeaf�s of mahy o�' ths Plan�s recommendations. Planning administration consists of the from day to day application of sound Planning principles, in accord with the City Plan, to all public and private pro,jects or developments. Consistent and continuous practice of such plannin� adm�,nistration is essential to bring into being an increasingly better, more efficient and more � attractive community. It will insure that the daily task of community building and rebuildi.ng is in harmony with and promotive of tha long-term ob�ectives and design of the better future community as portrayed in the City Plan. r �- _ . 51 Legal Aspects The Zoning and Planning Commission has no legislative or administrative powers. Its functions are advisory to the Council and administrative departments on all y matters partaining to the physical develoFanent of the community. To perform its duties effectively, the Commission has to be given a place in the structure of local government commensurate with its important task; and it should be consulted by legis- lative and administrative officials in al]. matters within its �urisdiction. The Commission must, of course, be granted appropriations adequate for doing its �ob competently. The principal duties of the Zoning and Planning Commission, under the City Charter, are to assist the City Council in the preparation of a plan for the physi- cal davelopment of the city and surrounding areas - such plan to include provisions for zoning and pla,tting, and for the location and planning of public buildings, parks, � playgrounds, bridges, transportation lines and other public improvements and facili- ties. By ordinance, the Zoning and Planning Commission, acting as a Planning . Cominission, 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 I Board of Adjustment or Appeals, and is authorized to issue special use pennits in the administration of tha Zoning Ordinance• Another duty of the Zoning and Plannirig Commission is the prepa,ration of an Off icial Map for adoption by Council.l As was already mentioned, the functions of the Zoning and P].at�ning Commission are merely advisory, but its advice concerni.ng both public improvements and private devel- opments should carry considerable weight. As regards proposed publ.ic facilities, such as buildings, streets, recreational areas, and others, as well as zoning, the Council, of course, makes the final decision. The Commission, in order to discharge - its duty adequa,tely, must investigate and study thoroughly any proposal or project upon which it is to make recommendations to the Council. Prior to making any such 1Which map may be tha "Thoroughfare Plar�," 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 scala with present and probable future naeds; and (3) will J not impa,ir or be in conflict with other features of the communityts desirable future development. The scope of the Commission�s functions in respect to private daveloFments is scarcely l�ss broad than in respect to public improvaments. With all subdivision plats required to be submitted to the Commission before thzy may be acted on by Council and recorded, subdivisions will be made to conform to the City Plan as re- gards the layout of streets and other public open spaces. In addition; up-to-date standards will be attained i.n the sizas and shapes of lbts, and essential street and uti2ity improveraants will be installed prior to building development. Enforcement of tha Zoning Ordinance� will ensure that the different types of residential buildings, business and industrial stf'uctures and uses are placed 3n . � 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 Ordina,nce for each district. However, adequ,ate legal authority and evan the best plan will not in themselves assure guiding effectively the future development or redevelopment of the community. This will depend iri the main on: (1) the quality of planni.ng administration by the Zoning and Planning Commission; (2) the respect which its recommendations will command and the cooperation and support it will receive from the Council and othar public officials; and (3) the confidence and support which it can 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 i.n community bettermsnt, and should possess a thorough understanding of the 1'Wh�.oh should be done in the first instance by the Building Inspector, in con�unction with the administration of a modern building code and sanitary regulations. � 53 cityts problems, needs and potentialities. Also, th�y should be familiar with the � * planning laws and ordinances, and be acquainted with the general objeetives, 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) reference _ such as proposed zoning amendraents, pro- posed stre�et improvements, public buildings, recreational areas, and other proposad public improvements, will require the services of someone from 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 3ustified ordinaxily. Arrangements might be made for the handling of the Commission+s business through an administrative assistant to the City �gineer or City Clerk, part time. Subdivision plats, for � exampla, would be filed with this assistant, and checked by him, as to form, for presentation to the Zoning and Planning Commission for review and action; appli- � cations for zoning changes, Zikewise, would be accepted by the assistant for schedul- ing of hearings, preparing of notices, etc. ; other matters also would be handled � initially by this administrative assistant for the assembly of necessazy infonnation prior to consideration and aetion by the Commission. In the absence of need� �ustification or funds for �xnploying a full-time planning technician in the smallar communities, it has been found desi'rable for tha city to make arrangements with a planning consultant for techni��l pla,nning services - for reviewing and studying current proposals and advising the Commissian 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 3ustified. The Consultant would aid the Commission and Council in drafting and enacting desirable amendments to the Zoning Ordinance, and in settir�g up appropriate administrative procedures; - would prepare and help putting into effect and administer measures to implement and facilitate carrying out the recommendations of the City Pla,n. Pending matters, both r ---.,._— t 54 , of original jurisdiction and those referred to the Coaunission by the Council, would I + be referred to the ConsuZtant by tha �,rt-time 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 tha Commission in the administration of the Platting Regulations, and would aid the Building Inspector and the Commission in the 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 Ctlairman should bring to the attention of the Commission all improvement proposals or plans under consideration ovar which tha Commission has jurisdietion. This should be done while such mattars are still in the formative staga to give the Commission time to ma,ke 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 accoz�dance with provisions of the Zoning Ordinance. The Commission�s recommerui- ations concerning thesa and other matters obviously should be consistent with the City Plan. Administrative procedures ar� set forth in some detail in the texts of both the Platting Regulations and the Zoning Ordinance, but an additional expl,a,natory statement concerning administration of the Zoning Ordinance seems to be desirable. Ad�stration of the Zonin� Ordinance The Zoning Ordinance is to be administered by the Building Inspector, and the mechanics of its adm�.nistration should be combined with that of a modern building code. . As provided by the Ordinance, evary person who desires to erect a building, or to repair, alter or move an axisting building or structure (or to wreck an,.exist�ig.' 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 exact lxation + of the building on the lot, and the use to which the building ia to be put; and must • contain such other information and in such manner as stipula,ted �n the Ordinance. E�rery person proposing to change the use of a building, structure or land, even if this doesn�t involve any new construction, must, ur�er a recommended amondment, apply for a Certificate of Occupancy and furnish such information as called for by the application form. The plans and information required will enable the Bui],ding Irispector to c3ctenn- ine whether or not the proposed building and its use, or the praposed use of land when no building is involved, conform to the pr�visions of tha Zot�ing Ordinance. When he �inds that they do so in every particular, he will issue a CertiPicate 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 i ' Tnspector, arid no such powers should be arrogated by him. He should a s dmi.ni tar the � Ordinance in accordance with its literal terms. [dhhenever the plans for a building or alteration do not conform, whe�thzr in respzct to use, height� lot area, yard spacas or other features, to the provisions of the Ordinance, or whehever a ch�nge in the use of a building or parcel of land does not conform, tha Building Inspector should refuse to issue a Building Permit or Certificate af Occupancy. He should do ��lce- wise in all cases of the �'�pecial exception" or '�special uset� type, which are speci- fied as such in the Zoning Ordinance and for whieh under the terms of the Ordi.nance a Huilding Perinit or Certificate of Occupancy may be granted by him only when author- ized by the Council after investigation and report thareon by the Zoning and Planning , Commission.l In cases of this latter type, the Commission has original �urisdiction, and the Building Inspector should, therefore, refer them to the Commission without � action on his pa,rt. lAs indicated in the section on Zoning, vari.ances and special excepti.ons should be authorized by the �oning and P].anning Commission, as matters of admin,istration, 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 . , ,., under the terms of the Zoning Ordinance. It is the function of the Co�nission to ,, apply in special and unusual cases the Zoning Ordinance as adopted by the Council. It has the authority, sub�ect to approval of the Council, to grant exceptions and variances from the strict letter of the Ordinance; but all such exceptions and vari- ances raust be consistent with the Zoning Map and the zoning regulations as set forth in the Ordinance atnd in harmony with its general purpose and intent. It should be clearly understood that - aside from applications for an interpretatian of a ape�if- �...}�rovision of the Zoning Ordina,nce or of the location on the ground of a zoning district boundary shown on the Zoning Map - the cases coming befvre tha Zoning and Planning Commission are of twn distinctly different types: (1) special zxceptiqns (termad "special uses” in the Ordinance), and (2) va� (tzrmed ��ad.iustmentstr in the Ordinance). R Special exceptions (�fspe�uses�') consist of those cases that are specifically - designated as such in the Zoning Ordinance. They are not exceptions from tha tarms of the Ordinance and do not involve modifications in such terms. They are exceptions in the sense of being uses of a category which are different from those permitted throughout the particular zoning district, and, tharefore, may ba authorized only in accordance with such general and specific rules and limitations as may be stipulated in the Ordinance for each particular type of "special exception"). No demonstration 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 bz or not to be authorized involves only the question whetb.sr spe«: 1 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 safeguards imposed by the Commission, if necessary, without harm to the neighborhood or the community and without conflict with tha purposes tha Ordinance is intended to serve. , � .� 57 � Var�,,,iances (!'ad.j,izstments") are modif'ications of the standards and requirements •'� of the Zoning Ordinance, which the Zoning and Planning Commission, sub3ect to con- � firmation of Council, is �npowered to grant on showing by the appellant, to the satisfaction of the Commission and Council, that the literal enforcement of these staruiards or requirements would causa practical difficulty or undue hardship in his case - owing to the exceptional narrowness, shallowness or shape of the specific piece of property, or owing to the nature of existing uses or structures immediate�y ad�oining such piece of property.l The showing by the appellant of practical diffi- eulty or of unneeessary 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 exception comes before the Commission on direct appli- ,I cation; a request for a variance comes on appeal from the �.de , cision 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 principles of zoning are of ut-� most importance. For if the Commission ta.kes its task lightly, interprets its dis- cretionary paHrers too liberall,y and th�reby encroaches on tha functions of Council, it can easily impa,ir the affectivaness of the Zoning Ordinance, antagonize the Council and break down public respect and support for zoni.ng directly, as well as through adverse court decisions. Conversely, if the Commission interprets the Ordinance too rigidly, in tha sense that it refuses to grant relief in speific cases of demonstra�ed practical difficulty or exceptional hardship, it will accumulate resentment and opposition, will invite �udi c�ial disapproval on grounds of unreason- ableness, and rrill fail to build up and maintain public goodwill and support without b �-Again, as indicated in the section on Zoning, variances and special exceptions should be authorized by the Zoning and Planning Commi.ssion, as matters of admin- istration, rather than by Council which is a legislative body. — -_._ _ _ __ -�r-, 58 which zoning carnot prevail in the long run. Experienced guidance will have lasting ` and beneficial in�'luence, and ma,y indeed be a decisive factor in conditioning the ,e quality of the Cor.rni.ssicn�s work and of tha effectiveness of the Zoning Ordinance in general. Tha 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 ma,y have a very real bearing on ,judic'ial decisions and that its records will constitute the ma�or evidance in any 1iti�ation involving its actions. Zonin,� Amendments The Council may from time to aniend the Zoning Map or the regula.tions set forth in the 2oning Ordinance. However, each proposed amendment will have to be refarred first to the Zoning and Pla,nning Commission for approval, disapproval or suggestions. I ,� The Commission is required to hold a public hearing on a presposed amendment before submitting its recommendations to the Co�cil, whereupon th� Cduncil; if deemed r advisable, may hold another public hearing. Despite the care and thought with which the Zoning Ordinance was prepa,red, amendments will ba necessary or desirable. A number of these are suggestad under the section entitled Zoning. In addition, unexpected developments may occur or the conditions upon which th�� regula,tions have been based may uridergo considerable change ovar a period of years, or major improvements carried out under the City Pla,n hiay make ad,justments in zoning districts desirable. However, in every case there should be compelling reasons for an amendment. The Zoning and Planning Commission should always remember that the zoning plan is an essential part of the comprehensive City Plan, and the Zoning Ordinance an instrwnent for carrying this Pla,n into effect. " A proposed amendment should not be approved b3r the Commission merely because the neigh�orhood favors it or does not object to it; for a zoning plan is not a collect— � --�,.-- ...._ _.�.�_�w _\ 59 ion of neighborhood desires and would not be legally valid if it were. Tha petitioner � should be required to demonstrate that there is a compelling public necessity for •� the proposed amendment. The promoting of the public good and the walfare of tha whole community must at all times be tha eontrolli.ng consideration borne in mind by the Commission in shaping its recammendations to Council. R t . a � - — -- _ _- -- ,,..