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Second Reading for Ordinance 2013-1064MEMO To: City Council From: Nancy Anderson Date: August 13, 2013 Subject: Second Reading for Ordinance 2013-1064 Attached is Ordinance 2013-1064 for second reading. This will amend various sections of the zoning ordinance. Also attached is a summary of Ordinance of 13-1064. The City Council's action is to approve the Ordinance 13-1064 for second reading and the summary of Ordinance 13-1064 for publication. 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 stnicturre_ 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 massae 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. Massaize 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. Massaue 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 or 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 of aw Section 515.07. Subd. 135. Massaize 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. Massaue 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 or 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 of course work from a recognized message therapy school. 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, boardinghme, 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 calendar month in an industrial zoning 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 windev� surface area of the window to which they are affixed. 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 surface area of the window to which they are affixed. Other uses listed in Section 515 and 535 are to be renumbered accordingly. Repeal of Ordinance No 13-1061 The above findings are hereby adopted and Ordinance No. 13-1061, published May 16, 2013 is hereby repealed. 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 CITY OF HOPKINS Hennepin County, Minnesota SUMMARY OF ORDINANCE NO. 2013-1064 The following is a summary of the points of the ordinance: • Adds massage therapy and massage therapy establishment definitions • Allows brew pubs in the B-2 and B-3 zoning districts • Limits massage therapy as accessory use • Limits occasional sales in the industrial district • Adds definitions for accessory structures, adult day care, brewpubs, electric cigarettes, occasional sales • Redefines the definitions for fences and clinics • Allows adult day cares in the business districts • Prohibits an electric fence on the property lines • Allows window signage on the inside of the window A printed copy of the entire ordinance is available from the Hopkins City Clerk and at the Hennepin County Public Library, Hopkins branch. First Reading: Second Reading: Date of Publication: August 5, 2013 August 20, 2013 August 29, 2013 Date Ordinance Takes Effect: August 29, 2013