Planning & Zoning Commission By-LawsCITY OF HOPKINS
PLANNING & ZONING COMMISSION BY -LAWS
ARTICLE I - IDENTITY
1.1 This organization shall be known as the City Planning
and Zoning Commission of the City of Hopkins.
1.2 The administrative offices and mailing address of the
Commission shall be 1010 First Street South, City Hall,
Hopkins, Minnesota.
ARTICLE II - ORIGIN AND POWERS
2.1 The City Planning and Zoning Commission was created by
Ordinance No. 269. The Commission serves in an
advisory capacity, except with respect to the platting
of lands in the City of Hopkins, over which it has
plenary power pursuant to Laws of Minnesota, 1933,
Chapter 93, and Section 325 of the Hopkins City Code.
ARTICLE III - DUTIES AND OBJECTIVES
3.1 The Commission is designed to serve in an advisory
capacity to the City Council and Administration and is
further empowered to perform certain quasi- judicial
functions.
3.2 The objectives of the Commission are to guide future
development of land, services and facilities so as to
ensure a safer, more pleasant and more economical
environment for residential, commercial, industrial and
public activities and so as to promote the public
health, safety, morals, and general welfare, including
the aesthetic, social, economic, physical, and
environmental quality of the entire City in the context
of the metropolitan community. To bring about the
achievement of these objectives the Commission shall:
(a) establish community development objectives and
policies,
(b) make development plans,
(c) increase public understanding and acceptance of
planning practices,
(d) co- ordinate development actions affecting City
growth,
•(e) make decisions relating to acceptance of
subdivisions (Subdivision Code),
(f) make recommendations to the City Council regarding
provisions of the Legislative Code (petitions and
applications for rezoning, conditional use permits,
variances, street and alley vacation, retention of
tax forfeit land, etc.),
(g) review all matters relating to or affecting the
physical development of the City,
(h) draft and recommend to the City Council for
adoption, regulations and ordinances authorizing
and empowering the enforcement of its findings and
conclusions relating to the physical development of
the City, and
(i) serve as a forum for citizen, business and
community involvement and expression on the above
mentioned elements.
ARTICLE IV MEMBERSHIP
4.1 Number. Said Commission shall consist of seven ettkeea
membeps w&e- ape- eltglble- veteps persons Pes#4#ag- withla
tae -e44 - -14.m4 s-cf- io k-i-n_s who have been a resident of
the City for one year or more on the date of
appointment, (ii) the Planning and Economic Development
Director, and City Council member, as ex- officio
members. Each member except the Planning and Economic
Director and City Council member shall have the right
to vote on all matters before the Commission. Citizen
member terms of office shall be for two years. The
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membePs.
4.2 Terms. Membe +s- $4ha44 --#4e- 1p -go-n- to /ams- ee- -t4iree
area +eT - - -Aal - vaeasey -34 berjs- 11 -19.- shall- -b•e -- glad- e4 -19y
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membehs--ee--be--appeinted-- each - -yea v Three citizen
members shall be appointed on July lst of each odd
numbered year and four shall be appointed on July lst
of each even numbered year. Citizen members appointed
to complete a current term of office shall be
considered to have served a term of office if the
appointment is to an office which is less than half
completed. If the appointment is to an office which is
more than half completed the appointment will not be
considered a term of office. Citizen members shall
serve no more than two consecutive terms of office.
The Council member shall serve for a term of one year
and may be eligible for a consecutive 1 year
reappointment.
4.3 Removal. Members may be subject to removal by the
Mayor, for cause, but only after Council approval,
after notice and opportunity for a hearing before the
Council.
4.4 Absenteeism. If any member fails to attend four
regular meetings of the Commission per year, notice of
such failure may be cause for removal and forwarded by
the Chair to the Mayor and Council with the request for
removal of such members from the Commission.
4.5 Expenses. Members shall serve without salary, but cost
of sending notices, preparing and distributing minutes
and other clerical expenses shall be paid by the City
from the general fund together with such extraordinary
expenses as are authorized by the City Council.
ARTICLE V — OFFICERS AND DUTIES
5.1 Titles. The officers of this Commission shall be a
Chair, Vice -Chair and Secretary. The-- 61:144-rjrr}a-r}- ea4
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Gemm#esiex.
5.2 Duties of the Chair. The chair shall preside at all
meetings, appoint committees, rule on procedural
questions subject to reversal by a two- thirds vote of
members in attendance, exercise the same voting rights
as the other commissioners, assist City Administration
in preparing annual Commission budget, and carry out
such other duties as are assigned by the Commission.
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5.3 Duties of the Vice-Chair. The Vice -Chair shall act in
the absence or inability of the Chair to act and in
such instances shall have the powers and functions of
the Chairman
5.4 Duties of the Secretary. The secretary shall oversee
the notifying of all members of meetings, drafting and
circulating agendas, pee €ei+mtag-- -re43ea .re.li--- wook --a.nd
ppepa ing- repep4e -ae -4a e- -too-- €uilly.- a47,4&e -tee
Gemmtssiea-- -of= -- all -- ' o-tre - -- era•-- me44e .r$-- .4)494-o-ne -- -the
Gemmissiea, keeping on file all official records and
reports of the Commission, keeping written record of
Commission meetings, transactions and actions, serving
required notices of all public hearings and public
meetings, maintaining and circulating minutes ? - *e.e 4s
ea- 4H14-- attend Ing- 4A)-- eepneapead-ona•e -e '- trtua- Guam }se }ea
information and carrying out such other duties as are
assigned by the Commission.
ARTICLE VI - ELECTION OF OFFICER
6.1 Term. Officers shall be elected by secret ballot at the
annual meeting of the Commission. Terms of office
shall be for one year and no member shall hold the
office of p►esideat Chair or vice- ppesideat Vice -Chair
for more than two years consecutively. Officers shall
serve until replaced y a duly elected officer in
accord with these procedures.
6.2 Nominating Committee. The pPee4deat Chair may appoint
a nominating committee to report to the Commission
prior to election, but nomination of officers may also
be made from the floor.
6.3 Majority Required. Candidates for office receiving a
majority vote of the entire voting membership (four)
shall be declared duly elected.
6.4 Date of Office. Newly elected officers shall take
office immediately upon election.
6.5 Vacancies. Vacancies occurring in offices of the
Commission shall be filled forthwith by regular
election procedure.
ARTICLE VII - MEETINGS
7.1 Annual Meetings. An annual organizational meeting shall
be held at the seeeae- - o4=- Sepeea.er regular
meeting in July of each year. Election of officers
shall be conducted and proposed amendments to by-laws
may be acted upon.
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7.2 Regular Meetings. Regular meetings of the Commission
shall be held on the last Tuesday of each month at a
time and place agreed upon by the Commission at a prior
meeting. In the event that the regular meeting date
falls on a legal holiday, the meeting shall be held on
the following day.
7.3 Special Meetings. Special meetings may be called at the
discretion of the Chair, or by the written request of
at least three members who shall convey such request to
the secretary.
7.4 Notice of Meetings. Notice in writing of annual
meetings setting forth the time and place thereof shall
be delivered to all Commission members at least twenty
days in advance of such meetings; notice in writing of
each regular meeting shall be sent to all Commission .
members at least five days in advance of such meeting
and notice in writing of any special meeting shall be
sent to all Commission members at least five days prior
to such meeting and shall state the time, place and
purpose and agenda of such meeting.
ARTICLE VIII - PRE- MEETING PROCEDURES
8.1 Agenda. The agenda for each meeting of the Commission
shall be developed in writing by the secretary of the
Commission, subject to approval by the Planning
PifeeteF Zoning Administrator and Chair.
8.2 Application Deadlines. No matter shall be placed on the
agenda unless written request or petition, along with
necessary forms, legal descriptions, maps, drawing,
etc., have been submitted to the Planning Department in
proper and correct form and unless the following
timetable has been observed:
(a) Rezoning, Special Use Permit and Preliminary Plats:
(matter requiring published newspaper notice). For
rezoning, conditional use permits and preliminary
plats, all applications and referrals, including
required legal descriptions, certified sufficient
petitions, maps, drawings, etc. shall be received
at least - tapes- weeks- pplep -te- the- semmisslen
meeting- at- whieh- aetiea- may -be -takes a date set by
the Zoning Administrator each month. Applicants
shall meet informally with the Zoning Pepaptmeat
Sta €€ Administrator and other city staff as
necessary prior to submittal of such application in
order to preliminarily discuss required drawings
and possible planning implications.
8.3 Reference to Committee. The Plannieg--D4-ne.c#.o-r Zoning
Administrator and Chair may refer any matter to
Commission committee before placing such matter on the
agenda, and in such event the pertinent committee shall
meet and consider said matter and report thereon before
the Commission takes final action. Also, any three
members of the Commission, may prior to or during full
Commission discussion, require that a matter be
considered by a Commission committee.
8.4 Reports. The e4a € €-- sso-42.e4a43y Zoning Administrator
shall prepare a technical study or report on all
matters to be heard and shall mail such reports or
findings to Commission members at least one week
before the Commission meeting at which action may be
taken.
(b) All other matters: For all matters other than those
mentioned in (a) above, all applications and
referrals, including required legal descriptions,
certified sufficient petitions, maps, drawings,
etc., shall be received by the Planning Department
at- least-twe -weeks prior to the Commission meeting
at which action may taken.
Withdrawal. If a petitioner or applicant desires to
withdraw a matter from the agenda, such request must be
submitted to the secretary in writing, and if any
public notice has been given, any persons appearing at
the noticed hearing on said petition or application
shall be entitled to be heard at said hearing.
ARTICLE IX - MEETING PROCEDURE
9.1 Rules of Order. Unless otherwise specifically
designated, Roberts Rules of Order, as most recently
revised, shall govern meeting procedures. However
deliberative sessions of the Commission shall be
conducted as informally as possible.
9.2 Quorum. A majority of the membership of the Commission
(four) shall constitute a quorum for meeting purposes;
however, no less than three affirmative or negative
votes shall be required to transact business or make
binding decisions on behalf of the Commission. Ex
officio members are eligible for the purpose of
declaring a quorum but are non - voting members.
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9.3 Conflict of Interest. Whenever a Commission member
shall have a direct or indirect personal or financial
interest in an application or petition before the
Commission, such member shall declare such interest and
shall not participate in any hearing on said matter;
shall absent himself from all deliberative sessions or
Commission discussion on said matter; and shall in no
event vote upon said matter. When there is question as
to the existence of a conflict of interest, the Chair
shall make ruling thereon. The member with the
conflict shall be required to leave the room during the
voting.
9.4 Suspension of Rules. The Commission may temporarily
suspend its rules by a three- fourths vote of members in
attendance.
9.5 Appearance of Petitioner. No application or petition
shall be given final approval unless the applicant or
petitioner appears personally or by representative at
hearing called thereon, or makes satisfactory
explanation or presentation in lieu thereof. Such
appearance shall not be required in matters regarding
release of tax- forfeited "conservation" properties.
9.6 Agenda. Order of business at regular meetings shall be
basically as follows:
1. Call to order.
2. Roll call or determination of quorum.
3. Public hearings.
4. Consideration of minutes.
5. Communications.
6 Report of final disposition of matters
previously before the Commission.
7. Reports of officers and committees.
8. Consideration of matters regarding Commission
action.
9. Other business.
10. Adjournment.
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9.7 Dispensation. A motion must be made and voted upon in
order to dispense with any item on the agenda. No
binding or final action shall be taken on any agenda
matter except at public, annual, regular, or special
meetings.
9.8 Non - Agenda Matters. No binding or final action may be
taken on any matter not on the written agenda except by
unanimous vote of the members in attendance or two-
thirds vote (five) of the entire membership.
9.9 Continuing. A continuing motion if passed has the
effect of laying the matter over until the next regular
meeting unless otherwise specified.
9.10 Tabling. A tabling motion if passed has the effect of
laying the matter over indefinately
pegwlap-- m ss -t-i- rig- aalees --o 14mN - ae- epeeleiedy or until
removed from the table.
ARTICLE X PUBLIC HEARING PROCEDURE
10.1 Time Limits. The proponents and opponents of any
petition or application shall be limited to a total
presentation period of thirty minutes each.
10.2 Order of Appearance. The proponents shall proceed
first, and no person shall speak more than once on a
matter before the Commission unless in answer to a
question by a Commission member or staff member or
following suspension of the rules, except that
petitioner or his representative may be granted not
more than seven minutes to rebut the opposition
presentation.
10.3 Termination of Hearing. Upon close of public hearing no
further presentation shall be allowed except upon
suspension of the rules.
ARTICLE XI - SPECIALISTS
11.1 Special Committees & Observers. The Chair may appoint
such special committees and chairpersons thereof as
he/she may from time to time deem necessary.
ARTICLE XII - POLICY
12.1 Policy Statement. A written statement of policy of the
Commission shall be drafted and maintained at the
administrative offices.
12.2 Policy Revision. Said policy may be revised, amended or
added to at any regular or special meeting by a
majority of the entire membership and shall be reviewed
by the Commission or a committee thereof annually.
12.3 Policy Availability. The staff shall advise
petitioners, applicants or other interested persons of
applicable portions of said policy upon request.
ARTICLE XIII - AMENDMENT OF BY -LAWS
13.1 Amendment Procedure. These by -laws and rules of
procedure may be amended at any regular meeting by two -
thirds vote of Commissioners in attendance and notice
and copies of any proposed amendments shall be given
all Commissioners along with meeting notice. Each
Commissioner will receive at least thirty days written
notice of intent to amend, including the date, time and
place such amendment will be voted on, and an exact
copy of the amendment as proposed. Amendments require
two - thirds vote of the entire membership (five) of the
Commission passage; and in such instance only,
Commission members will be allowed to vote by written
proxy.
ARTICLE XIV - EFFECTIVE DATE
14.1 These by -laws shall take effect and
shall supersede all by -laws which might have been
earlier established for the City Planning and Zoning
Commission of Hopkins.
DATE:
TO:
November 20, 1987
MEMORANDUM
Zoning and Planning Commission
FROM: Nancy S. Anderson NSA
SUBJECT: Proposed Language for Side Yards in Industrial
Districts
Because of the recent problems with the language of
eliminating one side yard in Industrial Districts, we are
suggesting new language.
The new language is as follows:
Two abutting buildings may have a zero side lot
line providing:
a) a 10 foot maintenance easement for that
portion of the buildings not abutting each
other
b) if both abutting structures are not
constructed at the same time a 10 foot
maintenance easement shall be obtained from
the abutting vacant lot until such time as
the lot is built upon
c) conformance to the Fire Code
d) the remaining side yard developed as a
vehicular access to the rear