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Ordinance Amend.-Amusement DevicesJune 19, 1989 \ Z Y O Planning Report: ZN89 -3 ORDINANCE AMENDMENT AMUSEMENT DEVICES Proposed Action. Staff recommends the following motion: "Move approval of Resolution Z89 -8 recommending approval of ordinances changes as relates to amusement devices." Approval of this ordinance will clarify existing language in the Zoning Ordinance. Overview. In the past, three amusement devices per business were allowed in the B -1/B -2 districts. In looking at the ordinance closer, the staff determined, that the intent of the ordinance was not to allow arcades in the B -1 /B -2 district, and that amusement devices as an accessory use would not be limited to three. This interpretation was confirmed by the City Attorney. The B -3 district does not have a limit on the number of amusement devices. Staff is recommending approval because the new language will clarify the existing language. Primary Issues to Consider. o When does a secondary use become a primary use? Will the City be able to control amusement devices so they do not become a primary use in the B -2 districts? Supporting Information. o Background o Existing Ordinance Proposed Ordinance Background. ORDINANCE AMENDMENT - AMUSEMENT DEVICES ZN:89 -3 Page 2 o Will the City be able to control amusement devices so they do not become a primary use in the B -2 district? Because all amusement devices need an annual license, regulating them is easier than other uses. If a business requests an extraordinary amount of licenses compared to the amount of space they have, the City can review the situation. If it is felt that the use of amusement devices are becoming a principal use in the B -2 district, the licenses will be denied. The ordinance will still not allow the use of amusement devices as a principal use in the B -2 district. o When does an accessory use become a primary use? An accessory use becomes a primary use when the accessory use is the business. It will be up to the Zoning Administrator to decide if the accessory use becomes the primary use. Every situation will be different because there can be so many different combinations of primary and accessory uses. However, in this case because amusement devices need a license, the City has a great deal of control on the number of amusement devices a business may have. If there is a question that the use of amusement devices are the primary use, the licenses will be denied. Alternatives. 1. Recommend approval. By recommending approval the language in the ordinance will be clarified as relates to amusement devices. 2. Recommend denial. By recommending denial of the proposed language the ordinance will remain unclear as relates to amusement devices. 3. Continue for further information. If the Commission feels that more information is needed, the item should be continued. • Hopkins City Code (Zoning) 535.01 535.01. Business districts. Subdivision 1. Description. The business (B) districts are in three categories designated as B -1, B -2 and B -3. Subd. 2. The permitted uses of any land or structure in a B district are those uses indicated by the mark "X" and shall be further subject to those certain special limitations, requirements and regulations pertaining to those B district uses specially designated by the following marks: (1), (2) and (3). (1) means that the use is prohibited on the ground floor; (2) means that a conditional use permit is required; (3) means not more than three devices allowed. Subd. 3. Capital letters following any "X" mark indicate that the use or uses permitted are subject to and are set forth in the provisions of separate paragraphs contained in subsection 535.03 which corresponds to the capital letter or letters set forth in this subsection. PERMITTED USES B -1 B -2 B -3 1. Airport X X 2. Amusement devices subject to permit (3)XBB (3)XBB XBB 3. Appliance store X X 4. Art shops - pictures X X 5. Auction - public or private (1)X X 6. Auto repair X 7. Auto accessory and parts (1)X X 8. Auto sales and /or lease (2)XA 9. Auto wash subject to permit X 10. Armory, auditorium, exhibit hall (2)XB (2)XB 11. Bakery X X 12. Banks, savings and loan X (2)XV 13. Bar - Tavern X X 14. Beauty or barber shop X X X 15. Boat - marine sales X 16. Books - office supplies X X 17. Bottling plant not in excess of X 6,000 sq. ft. 18. Boutiques 19. Bowling - table tennis, pool hall 20. Broadcasting (T.V. - radio) 22. Bus and other transit 23. Business school 25. Cabinet - electrical, heating, plumbing, upholstery, air condition - ing provided the operation does not exceed 6,000 sq. ft. Section 535 Zoning: business districts ( X (2)XJ (2)XU X X X X X X ( X Hopkins City Code (Zoning) AA) Truck and trailer sales lots provided: 1. the sales lot shall not be larger in square footage than two times the square footage of the building devoted to the truck and trailer sales business; 2. the sales lot shall have a 20 foot front yard which shall be landscaped according to an approved plan and be continuously main- tained; 3. the sales lot shall be constructed according to a drainage plan approved by the city; 4. the sales, lot shall be surfaced to control dust; 5. lighting shall be accomplished according to a plan approved by the city; 6. should the location abutt a residentially zoned lot, a fence not less than six feet in height shall be constructed and a 25 foot landscaped buffer shall be constructed according to a plan approved by the city; code. 7. signs and parking in conformance with this code and the city BB) The operation of amusement devices may be allowed pursuant to proper city permit or license therefor in B districts, except that not more than three pinball machines or related amusement devices shall be permitted or operated in any location in any B -1 and B -2 use districts. 535.05. B districts: permitted accessory uses. a) Signs. b) Fences. c) Buildings temporarily located for purpose of construction. d) Decorative landscaping. e) Trash containers provided they are screened and do not occupy a required parking space, front yard or loading area. f) Loading docks which do not face the public street in front and as regulated in this ordinance. g) Bicycle racks. h) Flag poles. 535.03, Subd. 2 AA) CITY OF HOPKINS Hennepin County, Minnesota ORDINANCE NO: 89 -639 AN ORDINANCE AMENDING SECTIONS 515 AND 535 OF THE HOPKINS ZONING ORDINANCE PERTAINING TO AMUSEMENT DEVICES BE IT ORDAINED by the City Council of the City of Hopkins as follows: That the Hopkins Zoning Ordinance No. 515 -570 be and the same is hereby amended by adding the following provisions: SECTION 515.07 Subd. 88. Permitted Use. A use which may be lawfully established in a particular district or districts, provided it conforms with all requirements, regulations, and performance standards (if any) of such districts. Subd. 91. Principal Use. The main use of land or buildings as distinguished from subordinate or accessory uses. A 'principal' use may be either permitted or conditional. SECTION 535.05 n) other uses customarily associated with but subordinate to a permitted use, as allowed by the City. That Section 535 of the Hopkins Zoning Ordinance be and the same is hereby amended by revision and there is hereby enacted and adopted in place thereof the following subsections: SECTION 535.01 Subd. 3 Capital letters following any "X" mark indicate that the use or uses permitted are subject to and are set forth in the provisions of separate paragraphs contained in subsection 535.03 which corresponds to the capital letter or letters set forth in this subsection. The permitted use upon any land or in any structure in a B district is considered the principal use. Attest: 535.03 Subd. 2 BB) The operation of amusement devices may be allowed pursuant to proper City permit or license therefor in B districts, except that not more than three pinball machines or related amusement devices shall be permitted or operated in any location in any B -1 and B -2 use districts if the operation of amusement devices is the principal use. First Reading: Second Reading: Date of Publication: Date Ordinance Takes Effect: James. A. Genellie, City Clerk Nelson W. Berg, Mayor Edward Anderson, Chairman CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO: Z89 -8 RESOLUTION MAKING FINDINGS OF FACT AND RECOMMENDING APPROVAL OF ORDINANCE AMENDMENT CONCERNING AMUSEMENT DEVICES WHEREAS, a proposed amendment to the Zoning Ordinance concerning amusement devices is recommended for approval. WHEREAS, the procedural history of the application is as follows: 1. That a proposed amendment concerning amusement devices in the B -1/B -2 district was filed with the City of Hopkins in May, 1989. 2. That the Hopkins Planning Commission reviewed such proposal on May 30, 1989. 3. That the Hopkins Planning Commission, pursuant to published notices, held a public hearing on June 27, 1989: all persons present at the hearing were given an opportunity to be heard. 4. That the written comments and analysis of the City Staff and the Planning Commission were considered. NOW THEREFORE BE IT RESOLVED, that application for Zoning Amendment ZN89 -3 is hereby recommended for approval subject to the following Findings of Fact: 1. That the proposed language will clarify existing language as relates to amusement devices. 2 . That the proposed language will continue to limit the number of amusement devices in the B -1/B -2 district as a principal use. Adopted this 27th day of June 1989.