CR 95-195 Zoning Ordinance AmendmentsNovember 1, 1995
ZONING ORDINANCE AMENDMENTS
Council Report 95 - 195
Proposed Action.
Staff recommends the following motion: Move to approve Resolution 95 -101 approving
Ordinance 95 -777 that will make various amendments to the zoning ordinance for first
reading.
At the Zoning and Planning meeting, Mr. Blair moved and Mr. Brausen seconded a motion to
approve Resolution RZ95 -28, recommending approval of various amendments to the Zoning
Ordinance. The motion carried unanimously.
Overview.
Usually, once a year staff assembles various sections of the zoning ordinance that need to be
updated. These amendments are to correct inconsistencies or problems the staff has
identified or just to update the ordinance. The proposed amendments are basically
housekeeping type amendments,
The major changes being proposed are as follows:
o Allow fences to be completely opaque if a home abuts a state or county road.
o A semi -truck trailer will not be able to be parked for a period of more than 30
days in the business districts.
o Conditional use permits will expire after one year if the use is discontinued.
Primary Issues to Consider.
o What are the amendments, additions, or deletions to the zoning ordinance?
o What occurred at the Zoning and Planning meeting?
Supporting Documents.
o Analysis of Issues.
o Resolution 95 -101.
o Ordinance 95 -777.
tit_ !� Ill.I 1�_la
Nancy S.11• derson, AICP
Planner
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Primary Issues to Consider.
o What are the amendments, additions, or deletions to the zoning ordinance?
Proposed change
520.08. Trailers urposes. in business districts. Subdivision 1. No house trailer,
truck trailer, motor or similar mobile structure of any kind shall be used for storage
purposes or parked within the business districts of the City, except that such a use may be
permitted in connection with a construction project or a temporary period of time not to
exceed 30 days per year. .. •
•
Rationale
Trailers are being parked in the business districts and not used for storage. This will prohibit
these trailers to be parked in the business district.
Proposed change
520.03. Subd. 11. Continuation of use. Part of an existing use may continue if the operation
as a whole changes to another permitted use.
Rationale
This will allow a part of a use that is permitted to continue even if the definition of the total
use changes.
Proposed change
CR95 -195
Page 2
520.13. Fences. Subdivision 1. No person may construct, or cause to be constructed or
erected within the City, any fence without first making application for and securing a permit
therefor from the zoning administrator.
Rationale
The zoning administrator issues the fence permits, not the building official.
Proposed change
520.13 Subd 6
h) the side /s of residentially zoned properties abutting a State or County Road may have an
opaque fence.
CR95 -195
Page 3
1) the side of the fence facing the public right -of -way shall not contain the structure and /or
support of the fence.
Rationale
Because of the noise problem that exists with abutting a State or County Road most of the
property owners desire a solid fence.
Proposed change
540.03 m) 5. that the area shall be landscaped and maintained according to a plan submitted
and approved. .
Rationale
The building inspector does not approve landscape plans.
Proposed change
570.03 Permit required. No sign shall be erected, altered, reconstructed, maintained or
moved in the City without first securing a permit therefor from the City. Application for a
permit shall be in writing addressed to the building-official zoning administrator and shall
contain at least the following information:
Rationale
The zoning administrator issues sign permits, not the building official.
Proposed change
525.13 Subd. 17. Expiration of use. If a use granted by conditional use permit to operate
ceases to exist for one year, the conditional use granted for that property will expire.
Rationale
A conditional use permit currently not does not expire. This new section requires conditional
use permits to expire after one year if the property is not used for that use.
Proposed change
530.09. Conditional uses within R districts. Subdivision 1. The following are conditional
uses in R districts.
530.09
Rationale
This would require a resident to receive a conditional use permit to construct a shed. This
section has never been used, and in staffs opinion, does not serve a purpose.
Proposed change
CR95 -195
Page 4
540.03. Conditional uses: I districts. The following uses are permitted conditional uses in I
districts:
540.03
Rationale
This requires a conditional use permit for all accessory buildings. A conditional use permit is
required for all construction over $150,000,
o What occurred at the Zoning and Planning meeting?
Staff reviewed the proposed amendments. The Commission noted that they had reviewed the
proposed amendments at last month's meeting. There was no one at the public hearing
regarding the amendments.
Alternatives.
1. Approve the zoning ordinance amendments. By approving the zoning ordinance
amendments, the zoning ordinance will be amended.
2. Deny the zoning ordinance amendments. By denying of the zoning ordinance
amendments, the Zoning Ordinance will not be amended. 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: 95 -101
RESOLUTION MAKING FINDINGS OF FACT AND
APPROVING AMENDMENTS TO THE ZONING ORDINANCE
WHEREAS, an application for amendments to the Zoning Ordinance, ZN95 -15, has been made
by the City of Hopkins; and
WHEREAS, the procedural history of the application is as follows:
1. That an application for Ordinance Amendment ZN95 -15 was made by the City of Hopkins
on September 29, 1995.
2. That the Hopkins Planning Commission, pursuant to published notice, held a public
hearing on the application and reviewed such application on October 31, 1995: all
persons present were given an opportunity to be heard.
3. That the written comments and analysis of the City staff were considered.
NOW, THEREFORE, BE IT RESOLVED that the application for Ordinance Amendments
ZN95 -15 is hereby approved, based on the following Findings of Fact:
That the proposed amendments protect the health, safety, and welfare of the community.
Adopted this 8th day of November, 1995.
ATTEST:
James A. Genellie, City Clerk
Charles D. Redepenning, Mayor
CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO. 95 -777
AN ORDINANCE AMENDING THE ZONING ORDINANCE
That the Hopkins Zoning Ordinance No. 515 -570 be and the same is hereby amended by
amending and/or adding the following sections:
520.08. Trailers eses. in business districts. Subdivision 1. No house trailer, truck
trailer, motor vehicle or similar mobile structure of any kind shall be used for storage purposes or
parked within the business districts of the City, except that such a use may be permitted in
connection with a construction project or a temporary period of time not to exceed 30 days per
year.
520.03 Subd. 11. Continuation of use. Part of an existing use may continue if the operation as a
whole changes to another permitted use.
520.13. Fences. Subdivision 1. No person may construct, or cause to be constructed or erected
within the City, any fence without first making application for and securing a permit therefor from
the zoning administrator.
520.13 Subd 6
h) the side /s of residential zoned properties abutting a State or County Road may have an opaque
fence.
i) the side of the fence facing the public area
540.03 m) 5. that the area shall be landscaped and maintained according to a plan submitted and
approved.
570.03 Permit required. No sign shall be erected, altered, reconstructed, maintained or moved in
the City without first securing a permit therefor from the City. Application for a permit shall be in
writing addressed to the building-official zoning administrator and shall contain at least the
following information:
525.13 Subd. 17. Expiration of use. If a use granted by conditional use permit to operate ceases
to exist for one year, the conditional use granted for that property will expire.
530.09. Conditional uses within R districts. Subdivision 1. The following are conditional uses in
R districts.
530.09
540.03
ATTEST:
540.03. Conditional uses: I districts. The following uses are permitted conditional uses in I
districts:
First Reading:
Second Reading:
Date of Publication:
Date Ordinance Takes Effect:
James A. Genellie, City Clerk
APPROVED AS TO FORM AND LEGALITY:
City Attorney Signature Date
November 8, 1995
November 21, 1995
November 29, 1995
December 19, 1995
Charles D. Redepenning, Mayor