Memo Second Reading Ordinance 93-722
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. C I T Y o F HOP K I. N S
MEMORANDUM
DATE: February 11, 1993
TO: city council
FROM: Nancy Anderson
SUBJECT: Second Reading Ordinance 93-722
The attached Ordinance amends several sections of the Zoning
Ordinance. The city council's action is to approve
Ordinance 93-722 for second readinq and order it published.
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CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO. 93-722
ORDINANCE AMENDING THE ZONING ORDINANCE
BE IT ORDAINED by the City Council of the city of
Hopkins as follows:
That the Hopkins Zoning Ordinance No. 515 be and the
same is hereby amended by amending and adding the following
provisions:
Subd. 22. Building - principal: the main building, or
in the case of a Planned unit Development, the main
buildings in which the intended allowable use is conducted.
Subd. 34. Condominium: a form of individual ownership
within a building which entails joint ownership and
responsibility for maintenance and repairs of the land and
other common property of the building.
Subd. 35. Dav care facility: a facility licensed by
.. the state Department of Human Services, public. or private,
which for gain or otherwise, regularly provides one of more
persons, as defined by the state Human Services Licensing
Act, with care, training, supervision, habilitation,
rehabilitation or developmental guidance on a regular basis,
for periods of less than 24 hours per day. Day care
facilities include, but are not limited to: family day care
homes, group family day care homes, day care centers, day
nurseries, training and habilitation services for adults,
day treatment programs, adul t day care centers, and day
services.
Subd. 36. Department store: a business which is
conducted under a single owner's name wherein a variety of
unrelated merchandise and services are housed, enclosed and
are exhibited and sold directly to the customer for whom the
goods and services are furnished.
Subd. 50. Fence: any partition, structure, wall or
gate 'erected as a dividing marker, barrier or enclosure and
located along the boundary or within the required lot area.
Subd. 99. Outlot. A parcel of land, included in a
plat, which is smaller than the minimum size permitted for
lots and which is thereby declared unbuildable until
combined through platting with additional land; or a parcel
~ of land which is included in a plat and which is at least
.. double the minimum size and which is thereby subject to
future platting prior to development; or a parcel of land
which is included in a plat and which is designated for
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. public or private open space, right-of-way, utilities or
other similar purposes. An outlot is deemed to be
unbuildable.
Subd. 103. Planned unit development (PUD): A planned
unit development is to provide for the integration and
coordination of land parcels as well as the combination
varying types of residential, commercial and industrial
uses. .
Subd. 107. Residential facility: a dwelling where a
State-licensed residential program, public or private, where
for gain or otherwise, regularly provides a 24-hour-per-day
substi tute for care, food, lodging, training, education,
supervision, habilitation, rehabilitation, or treatment for
one or more persons, as defined by the State Human Services
(< Licensing Act, outside a person's own home, except in the
case of persons with mental retardation where the program
may be in the person's home.
Subd. 115. School: a building used for the purpose of
elementary or secondary education, which meets all the
requirements of compulsory education laws of the State of
Minnesota, and not providing residential accommodations.
. Subd. 125. Undue hardship: as used in connection with
. the granting of a variance means the property in question
cannot be put to a reasonable use if used under conditions
allowed by the official controls, the plight of the
landowner is due to circumstances unique to his property not
created by the landowner, and the variance, if granted, will
not alter the essential character of the locality.
Subd. 132. Waste Facility: all property, real or
personal, including negative and positive easements and
water and air rights, which is or may be needed or useful
for the processing, disposal, transfer and/ or storage of
hazardous and/or solid wastes. Waste facility includes but
is not limited to transfer and storage stations, process
facilities, and disposal sites and facilities. Waste
Facility does not include drop-off centers which are
accessory to allowable uses and which are operated by a
governmental unit, civic organization or similar non-profit
group expressly for the collection of recyclable waste
including paper, clean glass and metal containers, and other
eligible household wastes from individuals.
That section 515 of the Hopkins Zoning Ordinance is
renumbered to add and amend the above definitions.
. That the Hopkins Zoning Ordinance No. 515, 520 and 530
_ . be a~d. the same is hereby amended by deleting the following
provl.sl.ons:
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. 515. Subd. 62. Group home: a home approved by the state
where not more than ten persons live which are not a family
as defined in this code.
530.09. q) Group homes shall be permitted in the R-3, R-
4, or R-5 district provided the density shall not exceed the
. density equivalent of three persons per one bedroom
apartment minimum floor area.
520.05 Subd. 2. One building. Except in the case of
planned unit developments only one principal may be located
on a lot.
That the Hopkins Zoning Ordinance No. 535 be and the same is
hereby amended with the following provisions:
530.06. Day Care Facilitv and Residential Facility. The
following are permitted in single family districts:
a) Day Care Facility serving 12 or fewer persons in a
single family detached dwelling.
b) Residential Facility serving 6 or fewer persons in
a single family detached dwelling.
~ The following are permitted in multiple family districts:
c) Day Care Facility serving 13 through 16 persons
operated on the premises of an allowed multiple family
dwelling or dwellings.
d) Residential Facility serving 7-16 persons operated
on the premises of an allowed multiple family dwelling or
dwellings.
535.03 Subd. 2. E) Day Care Facility
1. said operation shall be licensed
That the Hopkins Zoning Ordinance No. 550 be and the
same is hereby added as follows:
Subd. 30. Handica~ped multiple dwellinq. At least 3/4
of a parking space for each dwelling unit.
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First Reading: February 2, 1993
Second Reading: February 16, 1993
Date of Publication; February 24, 1993
Date Ordinance Takes Effect: March 15, 1993
Nelson W. Berg, Mayor
ATTEST:
James A. Genellie, city Clerk
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