CR 2013-080 Zoning Ordinance AmendmentsAugust 1, 2013 Council Report 13-80
ZONING ORDINANCE AMENDMENTS
Proposed Action
Staff recommends the following motion: adopt Resolution 13-45, approving Ordinance 13-
1064, amending various sections of the zoning ordinance for first reading
At the Zoning and Planning meeting, Mr. Kerssen moved and Mr. Kuznia seconded a motion to
adopt Resolution RZ13-7, recommending approval of Ordinance 13-1064, amending various
sections of the zoning ordinance. The motion was approved unanimously.
Overview
At various times the staff assembles sections of the zoning ordinance that need to be updated.
These amendments are to correct inconsistencies or problems the staff has identified or just to
update the ordinance. The biggest changes will be to add a section to allow brew pubs, limit
massage therapists to an accessory use clarify definitions in certain sections.
There currently is a moratorium on massage therapists obtaining licenses within the City. Once
this ordinance is effective, a massage therapist will be able to obtain a license only as an
accessory use. The City Council will be amending the liquor licensing to allow brew pubs
within the City.
Primary Issues to Consider
• What are the proposed amendments?
• What is the staff recommendation?
What was the discussion at the Zoning and Planning meeting?
Supporting Documents
• Analysis of Issues
• Resolution 13-45
Ordinance 13-1064
Nanc} Anderson, AIC
City P er
Financial Impact: $ N/A Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.):
Notes:
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Primary Issues to Consider
• What are the proposed amendments?
Section 515.07 Subd 3. Accessory Structure: A subordinate structure detached from but
located on the same lot or abutting lot owned by the same person, who is the owner of the
principal structure, the use of which is incidental and accessory to that of the principal
structure.
new definition
Section 515.07 Subd. 5. Adult Day Care: A facility for the supervised care of adults,
providing activities such as meals and socialization one or more days a week during specified
daytime hours.
new definition
Section 515.07 Subd 33. Brewpub: As defined in section 1200.22 Subdivision 1.
new definition
Section 515.07. Subd 44. Clinic: A building premises or establishment, not including a massage
therapy establishment, designed and used for the diagnosis and treatment of human patients that
does not include overnight care facilities.
Change to definition to exclude massage therapy
Section 515.07. Subd. 80. Electric cigarettes: Electric -cigarettes, personal vaporizer or PV, is
an electronic inhaler that vaporizes a liquid solution into an aerosol mist simulating the act of
tobacco smokim
new definition
Section 515.07. Subd, 87. Fence: A structure serving as a barrier or boundary, usually made of
posts or stakes joined together by board, wire, or rails.
New definition for a fence.
Section 515.07. Subd. 135. Massage Therapy or Therapeutic Massage: A scientific health
care or health maintenance technique or procedure carried out by a massage therapist involving
the massaging, kneading, rubbing, stroking, tapping_ pounding, vibrating, or stimulatingof f the
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human skin, muscles and tissues for no other purpose than physical fitness, health-care referral,
healing, relaxation, or beautification.
Section 515.07. Subd 136. Massage Therapist: A person, other than a person licensed as a
medical doctor; chiropractor; osteopath; podiatrist; licensed nurse; physical therapist; athletic
director or trainer; or beautician or barber who confines his/her treatment to the scalp, face and
neck; who for compensation practices and provides therapeutic massage; and who can prove
completion of a minimum of 500 hours of class credits from a recognized school in course
work.
Section 515.07. Subd. 137. Massage Therapy Establishment: Any establishment wherein two
or more massage therapists provide massage therapy or therapeutic massage to the public, other
than a hospital, sanatorium, rest home, nursing home, boarding home, medical doctor's office,
chiropractor's office, or other institution licensed under the provision of Minnesota Statutes
Sections 144.50-144.69
New definition for message therapy, massage therapist and massage therapy establishment.
Section 515.07. Subd. 157. Occasional Sales: An occasional sale shall mean sale of tangible
property at retail occurring no more than seven days per month in an industrial zone district.
new definition
Section 520.13 Subd. 5 Barbed wire or electric fence. Barbed wire fences are permitted only in
industrial districts as provided by this code. Electric boundary fences are not permitted within
the City.
Add language to eliminate electric fences as boundary fences.
530.12 Prohibited Uses: R Districts
(b) Home occupation - massage therapy
Eliminates massage therapy as a home occupation
Section 540.03. Conditional Uses: I district. The following uses are permitted conditional uses
in I districts:
g) occasional sales
1. That the site have parking at a ratio of one space for every 400 square feet of retail
area.
2. Only one occasional sales use per building_
Requires a conditional use permit for occasional sales in industrial districts.
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535.01 Subd. 3.
PERMITTED USES B-1 B-2 B-3 B-4
1. Adult day care (2)XE QXE QXE QXE
2. Brewpub X (2)XJJ
Adds adult day care and brewpub as uses in the business district.
535.03 Conditional use requirements
Subd 2. Conditional uses within B districts
JJ Brewpub
1. That the property and building abuts Mainstreet
A brewpub is a conditional use within the B-3 zoning district.
556.04 Subd 4. Window signage. Temporary window signs shall be on the inside of the
window. Temporary window signs are limited to one-third of the window surface area.
Require window signage to be on the inside of the window.
570.32. Window signage. Temporary or permanent signs shall be on the inside of the window.
Temporary or permanent window signs are limited to one-third of the window surface area.
Require window signage to maximum coverage of 1/3 of the window.
What is the staff recommendation?
Staff is recommending approval of the proposed ordinance.
What was the discussion at the Zoning and Planning meeting?
Ms. Anderson reviewed the proposed amendments. Ms. Anderson noted that massage
therapists would be allowed as an accessory use and brew pubs would now be allowed in the B-
2 and B-3 zoning district. No one appeared at the public hearing.
Alternatives
Approve the amendments to the zoning ordinance. By approving the amendments to the
zoning ordinance, the zoning ordinance will be amended.
2. Deny the amendments to the zoning ordinance. By denying the amendments to the zoning
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ordinance, the zoning ordinance will not be amended. If the City Council considers this
alternative, findings will have to be identified that support this alternative.
3. Continue for further information. If the City Council indicates that further information is
needed, the item should be continued.
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 13-45
RESOLUTION MAKING FINDINGS OF FACT
AND APPROVING VARIOUS ZONING AMENDMENTS
WHEREAS, an application for Zoning Amendment ZN13-2 has been initiated by the City of
Hopkins;
WHEREAS, the procedural history of the application is as follows:
1. That an application for zoning amendment was initiated by the City of Hopkins;
2. That the Hopkins Zoning and Planning Commission published notice, held a
public hearing on the application and reviewed such application on July 30, 2013:
all persons present were given an opportunity to be heard;
3. That the written comments and analysis of City staff were considered.
NOW, THEREFORE, BE IT RESOLVED that the application for Zoning Amendment ZN13-2
is hereby approved based on the following Findings of Fact:
1. That the Zoning and Planning Commission reviewed the proposed
ordinance.
2. That several of the proposed amendments are to clarify and add
definitions.
3. That the proposed amendments will update the zoning ordinance.
Adopted this 5th day of August 2013
Eugene J. Maxwell, Mayor
ATTEST:
Kristine A. Luedke, City Clerk
CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO. 2013-1064
THE COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN AS
FOLLOWS:
That the Hopkins Zoning Ordinance No. 515-570 be, and the same and is hereby
amended by amending and adding the following sections:
Section 515.07. Subd 3. Accessory Structure: A subordinate structure detached from but
located on the same lot or abutting lot owned by the same person, who is the owner of the
principal structure, the use of which is incidental and accessory to that of the principal
structure.
Section 515.07. Subd. 5. Adult Day Care: A facility for the supervised care of adults,
providing activities such as meals and socialization one or more days a week during
specified daytime hours.
Section 515.07. Subd 33. Brewpub: As defined in section 1200.22 Subdivision 1.
Section 515.07. Subd 44. Clinic: A buildin premises or establishment, not including_a
massage therapy establishment, designed and used for the diagnosis and treatment of
human patients that does not include overnight care facilities.
Section 515.07. Subd. 80. Electric cigarettes: Electric -cigarettes, personal vaporizer or
PV, is an electronic inhaler that vaporizes a liquid solution into an aerosol mist
simulating the act of tobacco smoking.
Section 515.07. Subd, 87. Fence: A structure serving as a barrier or boundary, usually
made of posts or stakes joined together by board, wire, or rails.
Section 515.07. Subd. 135. Massaue Therapv or Therapeutic Massage: A scientific
health care or health maintenance technique or procedure carried out by a massage
therapist involving the massaging, kneading, rubbing, stroking, tapping, pounding,
vibrating, or stimulating of the human skin, muscles and tissues for no other purpose than
physical fitness, health-care referral, healing, relaxation, or beautification.
Section 515.07. Subd 136. Massaize Therapist: A person, other than a person licensed as
a medical doctor; chiropractor; osteopath; podiatrist; licensed nurse; physical therapies
athletic director or trainer; or beautician or barber who confines his/her treatment to the
scalp, face and neck; who for compensation practices and provides therapeutic massage;
and who can prove completion of a minimum of 500 hours of class credits from a
recognized school in course work.
Section 515.07. Subd. 137. Massage Therapy Establishment: Any establishment
wherein two or more massage therapists provide massage therapy or therapeutic massage
to the public, other than a hospital, sanatorium, rest home, nursing home, boardinghome,
medical doctor's office, chiropractor's office, or other institution licensed under the
provision of Minnesota Statutes Sections 144.50-144.69
Section 515.07. Subd. 157. Occasional Sales: An occasional sale shall mean sale of
tangible property at retail occurring no more than seven days per month in an industrial
zone district.
Section 520.13 Subd. 5 Barbed wire or electric fence. Barbed wire fences are permitted
only in industrial districts as provided by this code. Electric boundary fences are not
permitted within the City.
530.12 Prohibited Uses: R Districts
(b) Home occupation - massage therapy
Section 540.03. Conditional Uses: I district. The following uses are permitted
conditional uses in I districts:
g)
occasional sales
1. That the site have parking at a ratio of one space for every 400 square feet of
retail area.
2. Only one occasional sales use per building_
535.01 Subd. 3.
PERMITTED USES B-1 B-2 B-3 B-4
1. Adult day care (2)XE (2)XE (2)XE (2)XE
2. Brewpub X (2)XJJ
535.03 Conditional use requirements
Subd 2. Conditional uses within B districts
JJ) Brewpub
That the property and building abuts Mainstreet
556.04 Subd 4. Window signage. Temporary window signs shall be on the inside of the
window. Temporary window signs are limited to one-third of the window surface area.
570.32. Window signage. Temporary or permanent signs shall be on the inside of the
window. Temporary or permanent window signs are limited to one-third of the window
surface area.
Other uses listed in Section 515 and 535 are to be renumbered accordingly.
First Reading:
Second Reading:
Date of Publication:
Date Ordinance Takes Effect:
ATTEST:
Kristine Luedke, City Clerk
APPROVED AS TO FORM AND LEGALITY:
City Attorney Signature
Date
August 5, 2013
August 20, 2013
August 29, 2013
August 29, 2013
Eugene J. Maxwell, Mayor