IV.3. Second Reading Ordinance 2024-1211 Amending the Hopkins Development Code; Krzos
CITY OF HOPKINS
City Council Report 2024-102
To: Honorable Mayor and Council Members
Mike Mornson, City Manager
From: Ryan Krzos, City Planner
Date: September 3, 2024
Subject: Second Reading Development Code Amendment – Miscellaneous
Housekeeping Matters
_____________________________________________________________________
RECOMMENDED ACTION
MOTION TO Adopt for second reading, Ordinance 2024-1211, amending the Hopkins
Development Code.
BACKGROUND
Ordinance 2023-1211 is unchanged from the first reading conducted at the August 20,
2024 City Council meeting. The proposed Amendment addresses adult day care uses,
entertainment uses, final plat procedures, front porch encroachment, half-story and
backyard cottage roofs, home businesses, signage, tree replacement, twin homes,
urban agriculture, and use percentages.
SUPPORTING INFORMATION
• Ordinance 2024-1211 amending the Hopkins Development Code regarding
miscellaneous housekeeping matters.
Planning & Development
CITY OF HOPKINS
HENNEPIN COUNTY, MINNESOTA
ORIDNANCE 2024-1211
AN ORDINANCE AMENDING CHAPTER 102 OF THE HOPKINS CITY CODE
RELATED TO MISCELLANEOUS PROVISIONS
THE CITY COUNCIL OF THE CITY OF HOPKINS HEREBY ORDAINS AS FOLLOWS:
SECTION 1. Hopkins City Code, Part III, Chapter 102, Article 2, Subsubsection 102-
260(a), is hereby amended by adding the double-underlined language as follows:
102-260 (a) DESCRIPTION
A traditional house is a residential building, other than a manufactured housing unit
or mobile home, that is located on a single lot, or on two lots in the case of a twin
home dwelling, not occupied by other principal buildings and includes characteristics
of traditional house design.
SECTION 2. Hopkins City Code, Part III, Chapter 102, Article 2, Subsection 102-260(c),
is hereby amended by adding the double-underlined language as follows:
Zones
N3-A N3-B Additional/References
120-260 (c) BUILDING SITING. See Figure 260-A
❶ Lot Area 6,400 s.f. min. 5,000 s.f. min. Lots containing a dwelling unit as
part of a twin home dwelling shall
have a minimum of one-half of
the minimum lot area and lot
width.
❷ Lot Width 50 ft. 40 ft.
❸ Building Width 20 ft. min.
65 ft. max.
20 ft min.
55 ft. max.
❹ Front Street Setback 25 ft. min. 25 ft. min. Contextual front and side setback
regulations apply. See 102-1620
(f) for allowed encroachments
into setbacks. Porches may
extend into the required front
street setback no more by a
distance no more than five feet.
❺ Side Street Setback 8 ft. min. 8 ft. min.
❻ Side Setback 5 ft. min. 5 ft. min.
❼ Rear Setback 25 ft. min. 25 ft. min.
❽ Building Coverage
Overall Impervious Coverage
Additional Semi-Pervious Area
35% max.
55% max.
+10% additional
45% max.
55% max.
+10% additional
SECTION 3. Hopkins City Code, Part III, Chapter 102, Article 2, Subsection 102-250(c),
is hereby amended by adding the double-underlined language as follows:
Zones
N1 N2-A N2-B Additional/References
120-250 (c) BUILDING SITING. See Figure 250-A
❶ Lot Area 40,000 s.f. min. 10,000 s.f. min. 8,000 s.f. min.
❷ Lot Width 140 ft. 80 ft. 60 ft.
❸ Building Width 20 ft. min. 20 ft min. 20 ft min.
❹ Front Street Setback 35 ft. min. 35 ft. min. 30 ft. min. Contextual front and side
setback regulations apply.
See 102-1620 (f) for allowed
encroachments into
setbacks. Porches may
extend into the required
front street setback no more
by a distance no more than
five feet.
❺ Side Street Setback 25 ft. min. 15 ft. min. 10 ft. min.
❻ Side Setback 15 ft. min. 8 ft. min. 6 ft. min.
❼ Rear Setback 40 ft. min. 30 ft. min. 30 ft. min.
❽ Building Coverage
Overall Impervious
Coverage
Additional Semi-
Pervious Area
35% max.
55% max.
+10% additional
35% max.
55% max.
+10% additional
35% max.
55% max.
+10% additional
SECTION 4. Hopkins City Code, Part III, Chapter 102, Article 5, Subsection 102-510(a)
Table 5-1 is hereby amended by deleting the struck-through language and adding the
double-underlined language as follows:
Table 5-1. Principal Use Table
ZONES
Reference MX-TOD MX-D MX-N MX-S RX-TOD RX-D RX-N IX-TOD I-TOD IX-S I1 N1, N2 N3-A N3-B NX1 NX2 P1 P2 RESIDENTIAL 102-530
Household Living, 1 unit ◓ ◓ ◓ ◓ ● ● ● – – – – ● ● ● ● ● – –
Household Living, 2 units ◓ ◓ ◓ ◓ ● ● ● – – – – – ● ● ● ● – –
Household Living, 3–4 units ◓ ◓ ◓ ◓ ● ● ● – – – – – – – ● ● – –
Household Living, 5+ units ◓ ◓ ◓ ◓ ● ● ● – – – – – – – – ● – –
Manufactured Home Park – – – – – – – – – – – – ○ ○ ○ ○ – –
Group Living (except as below) ◓ ◓ ◓ ◓ ● ● ● – – – – – – – ○ ○ – –
Residential Facility, Small ● ● ● ● ● ● ● – – – – ● ● ● ● ● – – 102-580 (h)(g)
Residential Facility, Large ○ ○ ○ ○ ○ ○ ○ – – – – – – – ○ ○ – – 102-580 (h)(g)
COMMERCIAL 102-540
Adult-Oriented Business – – – ● – – – – – ● ● – – – – – – –
Animal Boarding – – – – – – – ● ● ● ● – – – – – – –
Consumer Service ● ● ● ● ◐ ◐ ◐ ◐ ● ● ● – – – – – – ◐
Day Care, Adult ● ◓ ● ● ◐ ◐ ◐ ◐ ● ● – – – – ○ ○ – ●
Day Care, Small ● ◓ ● ● ◐ ◐ ◐ ◐ – – – ● ● ● ● ● – –
Day Care, Large ● ◓ ● ● ◐ ◐ ◐ ◐ – – – – – – ○ ○ – –
Entertainment Venue, Large – – – ● – ● – ● – ● – – – – – – ○ ●
Funeral & Mortuary Service – – – – – – – – – – – – – – – – – –
Lodging (except as below) ● ◓ ◓ ● ● ● ● – – ● – – – – – – – –
Short-Term Rental ◓ ◓ ◓ ◓ ● ● ● – – – – ○ ○ ○ ○ ○ – – 102-580 (h)(i)
Office ◑ ◑ ● ● ● ● ● ● ● ● ● – – – – – – – 102-580 (d)(c)
Personal Credit Establishment ○ – – ○ – – – – – – – – – – – – – – 102-580 (g)(f)
Retail & Entertainment (except as
below) ● ● ● ● ◐ ◐ ◐ ◐ – – – – – – – – – ◐
Brewpub – ● ● ● – ◐ ◐ – – – – – – – – – – – 102-580 (a)
Firearms Sales Establishment – – – ○ – – – – – – – – – – – – – – 102-580 (b)
Liquor Sales, Off-Sale ● ● ● ● ◐ ◐ ◐ ◐ – – – – – – – – – – 102-580 (e)(d)
Tobacco Sales Establishment ● ● ● ● ◐ ◐ ◐ ◐ – – – – – – – – – – 102-580 (j)(k)
Self-Service Storage – – – – – – – ○ – – ○ – – – – – – – 102-580 (l)(h)
Vehicle Sales & Service (except as
below) – – – ○ – – – – ○ ○ ○ – – – – – – – 102-580 (n)(l)
Major Vehicle Repair &
Maintenance – – – – – – – – ○ ○ – – – – – – – 102-580 (n)(l)
MANUFACTURING & INDUSTRY 102-550
Manufacturing, Artisan ● ● ● ● ◐ ◐ ◐ ● ● ● ● – – – – – – –
Manufacturing, Limited – – – – – – – ● ● ● ● – – – – – – –
High-Impact Industry – – – – – – – – – – ● – – – – – – –
Urban Farm – – – – – – – ● ● ● ● – – – – – ● – 102-580 (l)
Warehousing & Distribution – – – – – – – – ● ● ● – – – – – – –
CIVIC & INSTITUTIONAL 102-560
College ◓ ◓ ◓ ◓ ● ● ● ● – – – – – – – – – ●
Community Assembly ◓ ◓ ◓ ◓ ● ● ● – – – – – – – – – – ○
Cultural Facility ● ● ● ● ● ● ● ● ● ● – – – – – – ● ●
Community Garden ● – ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● 102-580 (c)
Detention or Correctional Facility – – – – – – – – – – – – – – – – – ○
Hospital – – – – ○ ○ – – – – – – – – – – – ●
Parks and Open Space – – ● ● ● ● ● ● ● ● ● ○ – – – – ● ● 102-580 (f)(e)
School ◓ ◓ ◓ ◓ ● ● ● – – – – – – – – – – ○
Utilities & Services, Minor ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● 102-580 (m)(k)
Utilities & Services, Major ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ 102-580 (m)(k)
OTHER 102-570
Wireless Communication Facility 102-580 (o)(m)
Tower – – – – – – – – – – ○ – – – – – – – 102-580 (o)(m)
KEY: ● = Permitted ◓ = Permitted in Upper Stories Only ◐ = Limited to No More than 25% of Footprint Building Area ◑ = Limited on first floor to buildings on the interior of a block see 102-580 (d)(c) ○ = Requires Conditional Use Approval – = Prohibited
SECTION 5. Hopkins City Code, Part III, Chapter 102, Article 5, Subsection 102-510(b)(4)
relating to interpretation of the use table, is hereby amended by deleting the struck-
through language and adding the double-underlined language as follows:
(4) Permitted in Limited Portion of Building AreaFootprint. Uses identified with a “◐“
are permitted as-of-right in the subject zone but such use may not occupy more than
25% of the building areafootprint. Uses identified with a “◑” are permitted as-of-right
in the subject zone but such uses is limited on first floor to buildings on the interior of
a block per 102-580 (c).
SECTION 6. Hopkins City Code, Part III, Chapter 102, Article 5, Subsection 102-540(d)
is hereby amended by deleting the struck-through language and adding the double-
underlined language as follows:
102-540 (d) DAY CARE
(1) Description. The day care use category includes establishments licensed by the
state that provide nonmedical care to children or aged, infirm, or disabled adults for
only part of a day, typically during normal working hours. Examples include adult day
care centers, group family day care facilities, child care centers, and similar use
types.
a. Adult Day Care. A state-licensed center-based facility that provides adult day
services to adults who have functional impairments on a regular basis for periods of
fewer than 24 hours during the day in a setting that is not a residence
b. a. Day Care, Small. A state-licensed day care facility serving 12 or fewer persons
or a group family day care facility licensed under Minnesota Rules, parts 9502.0315
to 9502.0445 to serve 14 or fewer children.
c. b. Day Care, Large. All day care uses that do not meet the definition of a small
day care or adult day care.
SECTION 7. Hopkins City Code, Part III, Chapter 102, Article 5, Subsection 102-540(j)(c)
relating to Entertainment Uses, is hereby amended by deleting the struck-through
language and adding the double-underlined language as follows:
c. Entertainment, General. Establishments that provide gathering places for
participant or spectator entertainment and that have no more than 25,000 square
feet of total gross floor area. Typical general entertainment uses include cinemas,
theaters, bowling centers, and experienced-based entertainment establishments.
1. Experience-based Entertainment Establishment. An establishment offering
group or team-based entertainment activities such as axe throwing, escape
rooms, cooking or painting classes, and arts and crafts workshops. Does not
include bingo or other forms of charitable gambling, live music venues, karaoke,
arcade or video game centers, hookah lounges, art galleries, spas, oxygen bars,
event centers, or adult-oriented businesses.
2. Exceptions. Entertainment-related uses with more than 10,000 25,000 square
feet of total gross floor area are classified as "large entertainment venues" (see
102-540 (e)). Senior centers, community centers, religious institutions and similar
facilities are classified as "community assembly" uses (see 102-560 (b)).
SECTION 8. Hopkins City Code, Part III, Chapter 102, Article 5, Section 102-550 is
hereby amended by renumbering subsection (d) to subsection (e) and adding a new
subsection (d) with the double-underlined language as follows:
102-550 (d) URBAN FARM
(1) Description. Privately owned land used for the cultivation of fruits, vegetables,
plants, flowers, or herbs, by an individual, organization, or business with the
primary purpose of growing flora and/or food for sale or donation. Urban Farms
include, outdoor growing operations, indoor growing operations, greenhouses,
vertical farms, aquaponics, aquaculture, hydroponics, and rooftop farms, but
does not include cannabis cultivation. Retail sales of products cultivated on site
is permitted as an accessory use.
SECTION 9. Hopkins City Code, Part III, Chapter 102, Article 5, Section 102-550 is
hereby amended by renumbering subsections (c) through (h) to subsections (d) to (i) and
adding a new subsection (c) with the double-underlined language as follows:
102-560 (c) COMMUNITY GARDEN
(1) Description. An area of land managed and maintained by a public or non-profit
organization or a group of individuals to grow and harvest food crops and/or
ornamental crops, such as flowers, for personal or group use, consumption, or
donation. Community gardens may be divided into separate plots for cultivation
by one or more individuals or may be farmed collectively by members of the
group and may include common areas maintained and used by group
members. Community gardens may be principal uses or accessory to other
residential, public or semi-public uses, such as parks, schools, community
centers, or community assembly uses. This classification does not include
gardens that are accessory to residential uses when access is limited to those
who reside on the subject property. Sales of products produced in association
with a community garden is permitted as an accessory use in zones in which
retail sales & entertainment uses are allowed.
SECTION 10. Hopkins City Code, Part III, Chapter 102, Article 5, Subsection 102-560(f)
is hereby amended by deleting the struck-through language and adding the double-
underlined language as follows:
102-560 (f) PARKS & OPEN SPACE
(1) Description. The parks and open space use category includes recreational, social,
or multi-purpose uses associated with public parks, public open spaces, public play
fields, public or private golf courses, or other outdoor open space or recreation areas.
It also includes urban agriculture uses, such as community gardens, outdoor urban
farms and beekeeping. The parks and open space use category includes the following
subcategories:
a. Cemetery. Land or structures used for burial or permanent storage of the dead or
their cremated remains. Typical uses include cemeteries and mausoleums. Also
includes pet cemeteries.
b. Community Garden. An area of land managed and maintained by a public or non-
profit organization or a group of individuals to grow and harvest food crops and/or
ornamental crops, such as flowers, for personal or group use, consumption, or
donation. Community gardens may be divided into separate plots for cultivation by
one or more individuals or may be farmed collectively by members of the group and
may include common areas maintained and used by group members. Community
gardens may be principal uses or accessory to other public or semi-public uses, such
as parks, schools, community centers, or community assembly uses. This
classification does not include gardens that are accessory to residential uses when
access is limited to those who reside on the subject property. Sales of products
produced in association with a community garden is permitted as an accessory use in
zones in which retail sales & entertainment uses are allowed.
b.c. Natural Resource Preservation. Undeveloped land left in a natural state for
specific use as visual open space or environmental purposes. Typical uses include
wildlife or nature preserves, arboretums, flood management projects and reservoirs.
c.d. Parks and Recreation. Parks, playgrounds, recreation facilities, and related open
spaces that are open to the general public. This subcategory also includes playing
fields, courts, gymnasiums, swimming pools, picnic facilities, tennis courts, boat
docks, and golf courses, as well as related food concessions or clubhouses within a
principal structure or in an accessory structure on the same site.
SECTION 11. Hopkins City Code, Part III, Chapter 102, Article 5, Subsection 102-580
hereby amended by adding new subsections (c) and (l) with the double-underlined
language as follows, and renumbering the remaining subsections alphanumerically:
102-580 (c) COMMUNITY GARDENS
Community gardens are subject to the following supplemental regulations:
(1) Keeping of animals is prohibited except as allowed in Section 6-30 of the City
Code.
(2) The use shall not be located in a required side or a required rear yard not
abutting an improved alley when such side or rear is abutting a property in the N
zones.
(3) Prior to establishment, the property owner and/or garden manager shall ensure
that community members have adequate access to water for the purpose of
maintaining their plot(s)
(4) Compost and waste material must be properly stored away to prevent the spread
of odor and/or pollution
(5) The site must comply with ADA design standards for accessible entrance routes
and accessible routes between different components of the garden
(6) Tools, equipment and supplies shall be stored in an enclosed storage
building/container.
(7) The site must be designed and maintained so that water and fertilizer will not
drain onto adjacent property.
102-580 (l) URBAN FARMS
Urban farms are subject to the following supplemental regulations:
(1) Keeping of animals is prohibited.
(2) The use shall not be located in a required side or a required rear yard not
abutting an improved alley when such side or rear is abutting a property in the N
zones.
(3) Tools, equipment and supplies shall be stored in an enclosed storage
building/container.
(4) Compost and waste material must be properly stored away to prevent the spread
of odor and/or pollution
(5) The site must be designed and maintained so that water and fertilizer will not
drain onto adjacent property
SECTION 12. Hopkins City Code, Part III, Chapter 102, Article 6, Subsection 102-620(l)
relating to Backyard Cottages, is hereby amended by deleting the struck-through
language and adding the double-underlined language as follows:
102-620 (l) DESIGN
The design regulations of this subsection apply to all newly constructed backyard
cottages.
(1) Exterior Finish Materials. The exterior finish material must be the same or
visually match in type, size and placement, the exterior finish material of the principal
building on the lot.
(2) Roof Pitch. The roof pitch must be the same substantially similar as the
predominant roof pitch of the principal building on the lot.
(3) Trim. Type, size and location of trim elements must be the same or visually
match those of the principal building on the lot.
(4) Entrances. Entrances to backyard cottages may not face the nearest side or rear
lot line of the subject lot unless there is an alley abutting that lot line.
SECTION 13. Hopkins City Code, Part III, Chapter 102, Article 6, Subsection 102-650(h)
relating to home-based businesses, is hereby amended by deleting the struck-through
language as follows:
102-650 (h) HOME-BASED BUSINESSES
Home-based businesses are allowed as an accessory use to a principal use in the
household living use category only upon approval of a home occupation permit.
Home-based businesses are subject to the following regulations.
(1) Home-based businesses require approval of a home occupation permit. Home
occupation permits may be revoked for uncorrected violations of applicable
regulations.
(2) Home-based businesses must be accessory and subordinate to the principal
residential use of the property and may not occupy more than 49% of the gross floor
area of the principal building, whether the home-based business is located in the
principal residential building, an accessory building, or both.
(3) At least one individual engaged in the home-based business must reside in the
dwelling unit in which the home-based business is located as their primary place of
residence.
(4) Customers or clients may visit the site only from 8:00 a.m. to 8:00 p.m. No more
than 2 clients or customers may be present at any one time, except that up to 3
students may be present at one time in a teaching-related home occupation (e.g.,
tutor or music/dance instructor).
(5) A maximum of 2 nonresident employees are allowed with a home-based
business if the business does not serve customers or clients on site. Home-based
businesses that serve customers or clients on site may not have nonresident
employees. For the purpose of this provision, the term “nonresident employee”
includes an employee, contractor, business partner, co-owner or any other person
affiliated with the home-based business, who does not live at the site, but who visits
the site as part of the home-based business.
(6) Face-to-face or walk-in retail sales activities are prohibited as a principal home-
based business activity. Any face-to-face or walk-in retail sales of goods must be
entirely accessory to any services provided on the site. This retail sales restriction is
not intended to prohibit on-line retail sales.
(7) Home-based businesses that change the physical form of the residential building
they occupy or that adversely affect the surrounding neighborhood are prohibited.
Home-based businesses may not, for example, produce light, noise, vibration, odor,
parking demand, or traffic impacts that are not typical of a residential neighborhood.
Home-based businesses must be operated so as not to create or cause a nuisance.
(8) External structural alterations or site improvements that change the physical
residential form of the lot upon which a home-based business is located are
prohibited. Examples of such prohibited alterations include construction of parking
lots, the addition of commercial-like exterior lighting, the addition of a separate
building entrance that is visible from abutting streets or the exterior display of signs.
(9) Any tools or equipment used as part of a home-based business must be
operated in a manner or soundproofed so as not to be audible beyond the lot lines of
the subject property.
(10) Home-based businesses and all related activities, including storage (other than
the lawful parking of passenger vehicles), must be conducted entirely within the
principal residential building or an allowed accessory structure.
(11) Deliveries or pickups of supplies or products associated with a home office are
allowed only between 8:00 a.m. and 8:00 p.m. Vehicles used for delivery and pickup
are limited to those normally serving residential neighborhoods.
(12) No more than one home-based business is allowed on a single property, and a
home-based business may not be conducted on a lot occupied by an accessory
dwelling unit.
SECTION 14. Hopkins City Code, Part III, Chapter 102, Article 6, Subsection 102-6180,
is hereby amended by adding the double-underlined language as follows:
102-6180 Outdoor Storage Areas
102-6180 (a) DESCRIPTION
The regulations of this section govern the outdoor storage of goods that are not
typically stored or sold indoors.
102-6180 (b) GENERAL REGULATIONS
The following regulations apply to all outdoor storage areas:
(1) Outdoor storage areas are subject to all applicable setback regulations that apply
to the principal building unless otherwise expressly stated in this code.
(2) Outdoor storage areas count toward maximum building coverage limitations.
(3) All materials or wastes stored outdoors that cause fumes or dust or that
constitute a fire hazard or that may be
(4) All outdoor storage areas must be enclosed by a durable, permanent fence that
is at least 6 feet in height and maintained to prevent any unauthorized access. Such
storage area must be screened from view of streets and neighborhood zones in
accordance with the buffer and screening regulations of Sections 102-8110 & 102-
8120.
SECTION 15. Hopkins City Code, Part III, Chapter 102, Article 8, Subsections 102-840
(c) through (f) are hereby amended by deleting the struck-through language and adding
the double-underlined language as follows:
102-840 (c) SIGNIFICANT AND CONTRIBUTING TREES
Trees of significant size, type, or meaning must be retained on the site, unless
otherwise determined by the municipal arborist replaced in accordance with this
section.
(1) Definitions.
a. Significant tree. A significant tree is one of the following:
1. a. Any A tree with a diameter at breast height of 13 inches or more.
2. b. A grove of trees totaling 13 inches and as determined by the municipal
arborist.
3. c. Any specific tree type designated significant by the municipal arborist,
based upon the tree’s age, species, health, meaning within the community, and/ or
historical importance.
4. Aspen, Cottonwood, or Silver Maple are considered significant if they are at
least 20 inches in diameter.
b. Contributing trees are existing trees that are not significant trees, measuring
greater than 6 inches, contributing to the City’s overall tree canopy cover.
c. Boxelder, Siberian Elm, Black Locust, Mulberry, a fruit tree species, or a tree that
is defined as an invasive species by the Minnesota Department of Natural
Resources are not considered significant or contributing trees.
(2) Removal of Significant and Contributing Trees. A significant or contributing tree
may be removed with approval of the municipal arborist under the following
conditions:
a. The tree is in poor health or diseased with an expected life span less than 2
years.
b. The tree poses a danger to human safety, health and welfare.
c. If approved by the municipal arborist, the removal is mitigated by one of the
following:
1. Planting of replacement trees per the following:
i. Trees with a total of caliper inches equal to 3 times the diameter of the
removed significant and contributing tree(s), or planted on the site or a site approved
by the municipal arborist and the zoning administrator.
ii. Trees with a total of caliper inches equal to three times the diameter of the
removed significant trees and equal to the diameter of removed contributing trees if
the site is located within 500 feet of Blake Road and Excelsior Boulevard, identified
as having the highest relative surface temperature in the Hopkins Heat Vulnerability
Study.
2. When planting of replacement trees is determined impracticable by the
municipal arborist and the zoning administrator, a fee in-lieu of replacement trees
will be assessed and paid into the City’s Tree Planting Fund in accordance with the
City’s fee schedule. The fee must include a cost per diameter inch of tree not
replaced.
3. A combination of replacement trees and fee-in-lieu per this subsection.
4. Replacement trees may be planted on the site or a site approved by the
municipal arborist and the zoning administrator.
102-840 (d) CONTRIBUTING TREES
Contributing trees are existing trees that are not significant trees, measuring greater
than 6 inches, contributing to the City’s overall tree canopy cover.
(1) Removal of Contributing Trees. A contributing tree may be removed under the
following conditions:
a. The tree is in poor health or diseased with an expected life span less than 2
years.
b. The tree poses a danger to human safety, health and welfare.
c. The removal is mitigated by one of the following:
1. Trees with a total of caliper inches equal to the diameter of the removed
trees planted on the site or a site approved by the municipal arborist and the zoning
administrator.
2. A fee in-lieu of replacement trees is assessed and paid into the City’s Tree
Planting Fund in accordance with the City’s fee schedule. The fee must include a
cost per diameter inch of tree not replaced.
3. A combination of replacement trees and fee-in-lieu per this subsection.
102-840 (d)(e) TREE PROTECTION DURING CONSTRUCTION
During construction, all available precautions must be undertaken to prevent damage
to existing trees, 6” in diameter or larger, to be retained on the site.
(1) Protection Fencing. Tree protection fencing and trunk protection must be
performed on existing trees per ANSI guidelines.
(2) Prevention of Injury. Protection must include prevention of injury to the trunk,
branches, and root systems of existing trees to be retained on the site and any trees
on adjacent sites with root systems extending onto the site.
(3) Regrading within Dripline. No soil removal, trenching, or regrading must occur
within the root system or beneath the dripline of any tree to be retained on the site
without mitigation of the impact of the activity on the tree per a certified arborist’s
recommendation.
(4) Compaction of Soil. No parking of vehicles or machinery, or storage of materials
must occur within the dripline of any existing tree to be retained to avoid the
compaction of soil around roots.
(5) Inspection. Before, during, and after the start of construction activity, the municipal
arborist may inspect the site and impose additional procedures to ensure the health
of existing trees to be retained.
(6) Mitigation of Damage. The municipal arborist may assess mitigation of trees
damaged during or as a result of construction activities. Mitigation may include
replacement trees or fees paid into the tree fund.
102-840 (e)(f) PENALTIES
Any person who removes a significant tree without prior permission from the municipal
arborist or causes the death of a significant tree through other means as determined
by the municipal arborist must be subject to a fine equivalent to the value of the tree.
The tree value must be established using the Trunk Formula Method set forth in the
latest edition of Guide for Plant Appraisal authored by the Council of Tree and
Landscape Appraisers.
SECTION 16. Hopkins City Code, Part III, Chapter 102, Article 10, Section 102-10100 is
hereby amended by deleting the struck-through language and adding the double-
underlined language as follows:
102-10100 Window Signs
Temporary or permanent window signs must be on the inside of the window.
Temporary or permanent window signs are limited to 33% of the surface area of the
window to which they are affixed. Window signs place on storefront windows must not
cover the middle vertical one-third of any one window. Such signs are not counted
against the maximum limits established in Table 10-4.
SECTION 17. Hopkins City Code, Part III, Chapter 102, Article 10, Subsection 102-10170,
is hereby amended by adding the double-underlined language as follows:
102-10170 (b) FREESTANDING SIGNS
Freestanding signs may not exceed the maximum height limits stated in Table 10-2.
Table 10-2. Maximum Sign Heights
ZONE MAXIMUM HEIGHT (FEET)
N, NX, RX-N, & MX-N 6
MX-S, MX-TOD & RX-TOD 10
IX-TOD, I-TOD, & IX-S 10
I-1 & CLR 10
P 6
SECTION 18. Hopkins City Code, Part III, Chapter 102, Article 10, Subsection 102-10190,
is hereby amended by adding the double-underlined language as follows:
102-10190 Signs in Mixed-Use Zones
102-10190 (a) MAXIMUM SIGN AREA
The area of permitted signs in mixed-use zones may not exceed the maximum limits
established in Table 10-4.
Table 10-4. Signs in Mixed-Use Zones
ZONE SINGLE SIGN
MAXIMUM AREA
MAXIMUM CUMULATIVE SIGN AREA
MX-TOD, MX-D, MX-N, RX-TOD,
RX-D, RX-N
60 sq ft 2 sq ft per foot of building frontage [1]
MX-S 80 sq ft 3 sq ft per foot of building frontage [1]
IX-TOD, I-TOD, IX-S 80 sq ft 3 sq ft per foot of building frontage [1]
[1] On corner lots building frontage is measured along narrowest frontage
102-10190 (b) ILLUMINATION
Signs in the MX-D zone may employ only "Halo" lighting or lighting sources that are
external to the sign (e.g. Goose neck lighting). Any other form of internal sign
illumination is prohibited.
102-10190 (c) MULTIPLE TENANT BUILDINGS
The property owner may allocate the allowable sign area among the tenants of a
multi-tenant building. If the property owner does not allocate the sign area, the City
may do so based on the proportion of floor area or tenant frontage occupied by each
tenant.
SECTION 19. Hopkins City Code, Part III, Chapter 102, Article 13, Subsection 102-
1380(a), is hereby amended by deleting the struck-through language and adding the
double-underlined language as follows:
102-1380 (a) APPLICABILITY
The administrative subdivision approval procedures of this section apply to:
(1) Lot line adjustments that combine multiple, existing abutting lots into a fewer
number of lots than existed before the lot line adjustment occurred;
(2) Lot line adjustments that alter the boundary between or reconfigure the shapes of
existing abutting lots without creating additional lots;
(3) Resubdivision of previously platted land that result in no more than one additional
lot being created; and
(4) Subdivision of a lot for the purposes of establishing a twin home provided:
(a) Verification is submitted to the City that the building would meet building code
requirements with the new lot line;
(b) The lot line(s) is located along a common wall;
(c) Upon approval, documents shall be recorded that establish how common
elements of the building, utilities, and site elements will be maintained;
(5)(4) Other minor land division activities authorized by the Planning & Zoning
Commission
SECTION 20. Hopkins City Code, Part III, Chapter 102, Article 13, Subsection 102-
13120(e), is hereby amended by deleting the struck-through language and adding the
double-underlined language as follows:
102-13120 (e) PROCESS; DECISION-MAKING
Two types of site plan review are established under this development code—major
site plan review and administrative site plan review.
(1) Major Site Plans. Major site plans require review and recommendation by the
planning & zoning commission and final review and decision-making by the city
council.
a. Applicability. The following are subject to the major site plan review process:
1. Site plans that accompany a conditional use permit application, which must be
reviewed in accordance with the conditional use permit procedures of 102-1390;
2. Site plans that accompany a zoning variance application, which must be reviewed
in accordance with the conditional use permit variance procedures of 102-13130;
3. Construction of a new building with more than 25,000 square feet of gross floor
area and building enlargements resulting in the addition of more than 25,000 square
feet of gross floor area.
4. Site plans that qualify as administrative site plans but which are referred by the
zoning administrator for processing as a major site plan;
and
5. Any other activities for which major site plan approval is expressly identified in this
development code.
SECTION 21. Hopkins City Code, Part III, Chapter 102, Article 13, Subsection 102-
1370(c) relating to final plat review procedures, is hereby amended by deleting the struck-
through language and adding the double-underlined language as follows:
102-1370 (c) FINAL PLATS
(1) Application Filing. Following approval of a required preliminary plat, applicants
may file an application for final plat approval for all or a portion of the proposed
subdivision. The City may review and consider applications for preliminary and final
plat approval concurrently. Applications for final plat approval must be submitted to
the zoning administrator.
(2) Commission Review and Recommendation. Following receipt of a complete
application, the Planning & Zoning Commission must consider the proposed final
plat conformance with the approved preliminary plat and compliance with all
applicable development code regulations and act to recommend that the proposed
final plat be approved as proposed, approved with modifications, or denied and
transmit its report and recommendations to the City Council. The Planning & Zoning
Commission may also act to continue the matter for further consideration and
deliberation. Motions to approve, approve with modifications or deny final
subdivision plats may be approved by a simple majority vote. If the Planning &
Zoning Commission arrives at a tie vote, the application must be forwarded to the
City Council with a notation of the tie vote.
(2) (3) City Council Action. Following receipt of a complete application the Planning
& Zoning Commission's recommendation, the City Council must act to approve the
final plat or disapprove the final plat. The City Council is also authorized to continue
the matter or remand the proposed final plat application back to the Planning &
Zoning Commission for further consideration. Final plats may be approved by a
simple majority vote of the City Council.
(3) (4) Time-Frame for Final Action. In accordance with section 462.358 of the
Minnesota Statutes, if the City Council does not take action on a final plat application
within 60 days of receipt of a complete application, the application is deemed
approved, unless the applicant agrees in writing to waive the 120-day rule.
(4) (5) Recording of Final Plat. If the final plat is approved by the City Council, the
subdivider must record it with the county recorder within 100 days of the date of
approval; otherwise, the approval of the final plat is void. Immediately upon
recording, the subdivider must furnish the clerk with four a prints of the recorded plat
and proof of recording. Three copies One copy of the certified plan showing the
improvements as built or as they are to be built within the subdivisions must also be
submitted with the final plat.
SECTION 22. Hopkins City Code, Part III, Chapter 102, Article 16, Subsection 102-
620(k)(5) relating to Measurement of Building Height in Stories, is hereby amended by
adding the double-underlined language as follows:
102-1620 (k) BUILDING HEIGHT IN STORIES
(5) Half Stories. Half stories are stories either located fully within the roof type or in a
visible basement.
a. Roof. Where occupied building space is allowed within the roof type (see 102-
720), any space within the roof and within the floor to floor height of the building type
counts as a half story towards the overall allowable height. Dormers on roofs on half
stories are limited to no more than 50% of the facade length of the story below.
SECTION 23. Hopkins City Code, Part III, Chapter 102, Article 16, Section 102-1620
relating to measurements and interpretations, is hereby amended by adding subsection
(o) with the double-underlined language as follows:
102-1620 (o) USE PERCENTAGES
Uses that are limited in the percentage of floor area are not subject to said limit
when the building in which said use is located is less than 6,000 square feet in total
building area.
SECTION 24. Hopkins City Code, Part III, Chapter 102, Article 16, Section 102-1660, is
hereby amended by adding the double-underlined language as follows:
102-1660 Terms Beginning with "D"
DWELLING UNIT, TWIN HOME. a 1 unit-household dwelling unit attached by party
walls with another 1 unit-household dwelling unit, within the traditional house
building type, in such a manner that the common party wall(s) is located on the
common lot lines. Twin Home dwellings are considered 2-unit uses and are subject
to the applicable regulations of Articles 3, 4, and 5.
SECTION 25. Hopkins City Code, Part III, Chapter 102, Article 16, Section 102-16140,
is hereby amended by deleting the struck-through language as follows:
102-16140 Terms Beginning with "L"
LOT. A contiguous area of land as recorded in a deed, or on a recorded plan, as in a
duly filed A-2 survey.
SECTION 26. The effective date of this ordinance shall be September 12, 2024.
First Reading: August 20, 2024
Second Reading: September 3, 2024
Date of Publication: September 12, 2024
Date Ordinance Takes Effect: September 12, 2024
By:___________________________
Patrick Hanlon, Mayor
ATTEST:
_______________________________
Amy Domeier, City Clerk