CR 06-077 Ordinance Amendments- Sign Ordinance
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June 28, 2006
HOPKINS
Council Report 06-77
ORDINANCE AMENDMENTS - SIGN ORDINANCE
ProDosed Action.
Staff recommends the following motion: Move to adopt Resolution 06-48. approving a
proposed Ordinance No. 06-969. amending Section 570 of the Hopkins Zoning Ordinance for
first reading.
At the Zoning and Planning meeting, Ms. Hatcher moved and Mr. Aamess seconded a
motion to adopt Resolution RZ06-15, recommending the approval of proposed Ordinance
No. 06-969, amending Section 570 of the Hopkins Zoning Ordinance. The motion was
approved unanimously.
Overview.
Last year because of a lawsuit the City adopted a new sign ordinance. It recently became
apparent that the Institutional zoning district sign regulations were omitted from the new sign
ordinance. The former sign ordinance permitted signs in Institutional districts with a
conditional use permit with a maximum size of 60 square feet. This section was removed
from the former sign ordinance and a new section was not added.
The new requirements will be the same as the signage requirements in other zoning districts.
Primarv Issues to Consider.
. Why did the City adopt a new sign ordinance?
. How will Institutional signage be determined?
. What was the discussion at the Zoning and Planning meeting?
SUDDortin2 Documents.
. Analysis of Issues
. Resolution 06-48
. Ordinance 06-969
f(J ~~
N= Anderson, AICP
Planner
Financial Impact: $ N/ A Budgeted:
Related Documents (CIP, ERP, etc.):
Notes:
Y/N
Source:
CR06-77
Page 2
Primarv Issues to Consider.
. Why did the City adopt a new sign ordinance?
A lawsuit was filed against the City of Hopkins challenging the constitutionality of the sign
ordinance. This is the Advantage Media, LLC., et aI., vs. City of Hopkins lawsuit. On July
29, 2005, U.S. District Court Judge Michael Davis issued a preliminary injunction preventing
the City from enforcing the sign ordinance while the injunction is in place. On August 3rd,
the City Council instituted an emergency interim ordinance on regulating signs. The new
sign ordinance that was adopted complied with the issues that Judge Davis had with the old
sign ordinance. The City Council adopted the new sign ordinance at the August 16 City
Council meeting. The new ordinance that was adopted did not have provisions to allow
signage for institutional zoning districts.
. How will Institutional signage be determined?
A lot in the Institutional zoning district will be allowed three square feet per front foot of lot
and a maximum size to 60 square feet. 60 square feet was the maximum size allowed under
the old ordinance for institutional zoning.
What was the discussion at the Zoning and Planning meeting?
Ms. Anderson reviewed the amendment with the Commission. There was discussion as to
whether a site should be limited with the number of signs. It was decided that the number of
signs would be limited to the maximum square footage allowed for the site. Noone appeared
at the public hearing regarding this item.
Alternatives.
1. Approve amending the sign ordinance to permit signs in Institutional zoning districts. By
approving the amendment to the sign ordinance, Institutional zoning district will be
allowed signage.
2. Deny amending the sign ordinance. By denying the amendment to the sign ordinance,
Institutional zoning districts will not be allowed signs. If the City Council considers this
alternative, findings will have to be identified that support this alternative.
3. Continue for further information. If the City Council indicates that further information is
needed, the item should be continued.
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 06-48
RESOLUTION MAKING FINDINGS OF FACT AND RECOMMENDING APPROVAL OF
AMENDING SECTION 570 OF THE ZONING ORDINANCE
WHEREAS, an application for Zoning Amendments ZN06-9 has been made by the City of
Hopkins;
WHEREAS, the procedural history of the application is as follows:
1. That an application for zoning amendments was made by the City of Hopkins;
2. That the Hopkins Zoning and Planning Commission published notice, held a
public hearing on the application and reviewed such application on June 27, 2006:
all persons present were given an opportunity to be heard;
3. That the written comments and analysis of City staffwere considered.
NOW, THEREFORE, BE IT RESOLVED that the application for Zoning Amendments ZN06-9
is hereby recommended for approval based on the following Findings of Fact:
1. That the proposed amendments protect the health, safety, and welfare of the
community.
Adopted this 5th day of July 2006.
Eugene J. Maxwell, Mayor
ATTEST:
Terry Obermaier, City Clerk
CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO. 06-969
AN ORDINANCE FOR THE PURPOSE OF PROTECTING THE HEALTH, SAFETY,
AND WELFARE OF CITY RESIDENTS AND FOR REGULATING THE
CONSTRUCTION, INSTALLATION AND MAINTENANCE OF SIGNS.
THE CITY COUNCIL OF THE CITY OF HOPKINS HEREBY ORDAINS AS FOLLOWS:
570.27. Setbacks.
Subd. 1. Signs shall conform to the following setback regulations for the zoning district in which
the signs are located except as otherwise specified in this section.
Lot Line Front
Lot Line Side
Lot Line Rear
Institutional Institutional
Abutting
County Road
~' 10'
5' ~'
5' 10'
570.41. Permitted signs by district.
Subd. 4. Institutional Districts
a. Within institutional zoning districts. signs are permitted as follows:
District
Institutional
Maximum sign area of single sign
60 square feet
Total area of all signs
3 square feet per front foot of
lot (narrowest footage on a
corner lot) abutting public
right-of-way 50 feet or more
in width.
. .
First Reading:
Second Reading:
Date of Publication:
Date Ordinance Takes Effect:
July 5, 2006
July 18, 2006
July 27, 2006
July 27, 2006
Eugene J. Maxwell, Mayor
ATTEST:
Terry Obermaier, City Clerk
APPROVED AS TO FORM AND LEGALITY:
City Attorney Signature
Date