1993-722
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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. Buildina - 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. 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. 92. Nonresidential proaram: means care,
supervision, rehabilitation, training or habilitation of a
person provided outside the person's own home and provided
for fewer than 24 hours a day, including adult day care
programs; a nursing home that receives public funds to
provide services for five or more persons whose primary
diagnosis is mental retardation or a related condition or
mental illness and who do not have a significant physical or
medical problem that necessitates nursing home care; a
nursing home or hospital that was licensed by the
commissioner on July 1, 1987, to provide a program for
persons with a physical handicap that is not the result of
the normal aging process and considered to be a chronic
condition; and chemical dependency or chemical abuse
programs that are located in a nursing home or hospital and
receive public funds for providing chemical abuse or
chemical dependency treatment services under chapter 254B.
Nonresidential program include home and community-based
services and semi-independent living services for persons
with mental retardation or a related condition that are
provided in or outside of a person's own home.
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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
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: means a program that
provides 24 hour-a-day care, supervision, food lodging,
rehabilitation, training, education, habilitaion, 'or
treatment outside a person's own home, including a nursing
home or hospital that receives public funds, administered by
the commissioner, to provide services for five or more
persons whose primary diagnosis is mental retardation or a
related condition or mental illness and who do not have a
significant physical or medical problem that necessitates
nursing home care; a program in an intermediate care
facility for four or more persons with mental retardation or
a related condition; a nursing home or hospital that was
licensed by the commissioner on July 1, 1987, to provide a
program for persons with a physical handicap that is not the
result of the normal aging process and considered to be a
chronic condition; and chemical dependency or chemical abuse
programs that are located in a hospital or nursing home and
receive pUblic funds for providing chemical abuse or
chemical dependency treatment service under chapter 254B.
Residential programs include home and community-based
services and semi-independent living services for persons
with mental retardation or a related condition that are
provided in or outside of a person's own 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.
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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 and the same is hereby amended by deleting the following
provisions:
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.
520. 05 Subd. 2 . One buildina. Except in the case of
planned unit developments only one principal building may be
located on a lot.
530.09. k) R-4 district mobile home court to
accommodate homes no wider than 12 feet,- with 24 foot
private roadway designated as fire lanes, two parking spaces
with each site and guest parking at a ratio of one-half
space per home.
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.
530.11. k) In all R-1 districts day care for not more
than 12 persons provided such premises are licensed by the
state.
That the Hopkins zoning Ordinance No. 535 be and the same is
hereby amended with the following provisions:
530.06. Nonresidential Facility and Residential Facility.
The following are permitted in single family districts:
a) Licensed non-residential programs with a licensed
capacity of 12 or fewer persons.
b) Licensed residential programs with a licensed
capacity of 6 or fewer persons.
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c) Group family day care facility licensed under
Minnesota Rules, parts 9502.0315 to 9502.0445, serving 14 or
fewer children.
530.09. Conditional uses within R districts. Subdivision
1. The following are conditional uses in R districts:
q) Licensed nonresidential program with a license
capacity of 13 to 16 persons within the R-2, R-3, R-4, R-5
and R-6 districts subject to the following:
1. located only in proximity to a collector or
arterial roadway as designated in the comprehensive
plan or otherwise located so that access can be
provided without conducting significant traffic on
local residential streets;
2. pick-up and drop-off areas located outside of
parking setback area;
3. outdoor recreation areas to be setback 15
feet from all property lines and screening provided to
mitigate noise and adverse visual impacts on
neighboring properties;
4. one parking space provided for each
persons based upon the license capacity of
facility;
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r) Licensed residential program in the R-2, R-3, R-4,
R-5 and R-6 districts with a licensed capacity of 7 to 16
persons subject to the following:
1. Facilities shall comply with all applicable
codes and regulations and shall have, current and in
effect, the appropriate state licenses.
2. On-site services and treatment at residential
facilities shall be for residents of the facility only,
and shall not be for nonresidents or persons outside
the facility.
3. The conditional use permit is only valid as
long as a valid state license is held by the operator
of the facility where such license is required.
4. Traffic generated by the facility not to
exceed the design capacity of the local street system
or cause a decrease in service levels of intersection,
as defined by the Institute of Traffic Engineers.
Adequate sight distance at access points shall be
available;
5. No on-street parking to be allowed. Adequate
off-street parking shall be required by the City based
on the staff and resident needs of each specific
facility;
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6. No ext~rnal building improvements undertaken
which alter the original character of the home unless
approved by the City council;
7. Additional conditions may be required by the
City in order to address the specific impacts of a
proposed facility.
That section 530 of the Hopkins Zoning Ordinance is
renumbered to add and amend the above sections.
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. Handicapped multiple dwellina. ~t least 3/4
of a parking space for each dwelling unit.
First Reading:
February 2, 1993
Second Reading: April
6, 1993
Date of Publication: April
14, 1993
Date Ordinance Takes Effect: May
4, 1993
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Nelson W. Berg, Mayor