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77-427 (Official Publication CITY OF HOPKINS Hennepin County, Minnesota 411 ORDINANCE NO. 77-427 AN ORDINANCE AMENDING HOPKINS ORDINANCE NO. 269, WHICH ORDINANCE IS KNOWN AS AN ORDINANCE RELATING TO AND ESTABLISHING A COMPREHENSIVE ZONING PLAN AND REVISED ZONING MAP FOR THE CITY OF HOPKINS AND WHICH ORDINANCE IS CITED AND REFERRED TO AS THE HOPKINS ZONING ORDINANCE WHEREAS, Chapter 670, Minnesota Statutes, empowers the City to enact a zoning ordinance and to provide for its administration, en- forcement and amendment, and WHEREAS, The City Council deems it necessary, for the purpose of promoting health, safety, order, convenience, prosperity and general • welfare of the City to enact such an ordinance, and WHEREAS, The City Council has prepared a comprehensive plan for the future physical development and improvement of the City and deems it necessary to make different regulations for different districts to carry out the purposes of the aforesaid statute. NOW, THEREFORE, be it ordained by the City Council of the City of Hopkins as follows: That Hopkins Ordinance No. 269 entitled and known as the Hopkins Zoning Ordinance together with all existing amendments thereto at the date hereof and including the Zoning Map in connection therewith are hereby stricken and repealed and as an amendment and re- placement in lieu thereof the Council of the City of Hopkins hereby en- acts the following Ordinance No. 77-427. 427.01 TITLE: This Ordinance may be known, cited and referred to as the Hopkins Zoning Ordinance, except as referred to herein, where it shall be known as "this Ordinance", and is hereby also known and cited as Ordinance No. 427. 427.02 INTENT AND PURPOSE: This Ordinance is adopted for the purpose of: 111 . protecting the public health, safety, morals, comfort, conven- ience and general welfare. . dividing the City into zones and districts restricting and regulating therein the location, construction, reconstruct- ion, alteration and use of structures and land . promoting orderly development of the residential, business, industrial, recreational and public areas . providing for adequate light, air and convenience of access to property by regulating the use of the land and buildings and the bulk of buildings in relation to surrounding proper- • ties . limiting congestion in the public right-of-way . providing for the compatibility of different land uses and the most appropriate use of the land throughout the City . providing for the administration of this Ordinance and amendments thereto . defining the powers and duties of the administrative offi- cers and bodies, as provided hereinafter . prescribing penalties for the violation of the provisions of this Ordinance or any amendment thereto . to identify land within the flood plain and to regulate development toward minimizing erosion, pollution, flood- ing, loss of life and property. 427.03 RULES OF LANGUAGE CONSTRUCTION: The text of this Ordinance shall be interpreted in accordance with the following rules of construction: ( 1) The singular number includes the plural and the plural the singular. 2 ( 2) The present tense includes the past and future tenses, • and the future and present. ( 3) The word "shall" is mandatory, and the word "may" is permissive. ( 4) The masculine gender includes the feminine and the neuter genders. ( 5) Wherever a word or term defined hereinafter appears in the text of this Ordinance, its meaning shall be con- strued as set forth in such definition thereof. ( 6) All measured distances expressed in feet shall be to the nearest tenth of a foot. 427.04 DEFINITIONS: The following words and terms, whenever they occur • in this Ordinance,are defined as follows: ( 1) Abutting: Making contact with or separated only by public- rights-of-way, railroad or other public utility or navi- gable water which does not exceed 120 feet in width. ( 2) Addition: A physical enlargement of an existing structure. ( 3) Airport or Heliport: Any land, water or structure which is used or intended for use, for the landing and take-off of aircraft and any appurtenant land or structure used or intended for use for port buildings or other port struc- tures or right-of-way. • ( 4) Alley: A public right-of-way which affords a secondary means of access to abutting property as defined and re- quired in Section 350 of the Code of Ordinances. ( 5) Automobile or Motor Vehicle Reduction Yard: A lot or yard where one (1) or more unlicensed vehicle, or the remains thereof, are kept for the purpose of dismantling, crushing, repairing, rebuilding, sale of parts, sale of 3 scrap, storage or abandonment. • ( 6) Automobile Repair - Major: General repair, rebuilding or reconditioning of engines, motor vehicles, trailers, in- cluding body work, frame work, welding and major painting service. ( 7) Automobile Repair - Minor: The replacement of any part or repair of any part which does not require the removal of the engine head or pan, engine, transmission or differen- tial, incidental body and fender work, minor painting and upholstering service when said service above stated is applied to passenger automobiles, motor cycles, snow- mobiles, small engines and trucks not exceeding 9000 pounds rated capacity. ( 8) Automobile Wash: A building or portion thereof, contain- ing mechanical facilities for washing motor vehicles for profit. ( 9) Basement: A portion of a building partly underground, but having less than half of its floor to ceiling height below the average grade of the adjoining ground. (10) Board: Means the Board of Adjustments and Ap- peals established under Section 427.27. (11) Boardinghouse: A building other than a motel or hotel II/ where, for compensation and by prearrangement for definite periods, meals or lodging are provided for three (3) or more persons, but not to exceed eight (8) persons. (12) Building: Any structure having a roof which may provide shelter or enclosure for persons, animals, or chattel, and when said structure is divided by a wall without openings, each portion of such building so separated 4 shall be deemed a separate building. • (13) Building - Accessory: A building, the use of which is in- cidental or complimentary to the principal use on a lot and is defined as (a) detached if it is located more than six (6) feet from the nearest wall of the principal build- ing or (b) attached if located six (6) feet or less there- from. (14) Building Height: A distance to be measured from the mean ground level for all of that portion of the building having frontage on a public right-of-way or approved private road, to the top of the cornice of a flat roof, or to the deck line of a mansard roof, to a point on the roof directly 1111 above the highest wall of a shed roof, or to the upper- most point on a round or other arched type roof or to the midpoint of the highest gable on a gable, pitched or hip roof. (15) Building - Principal: The main building, or in the case of an approved Community Unit Plan, the main buildings in which the intended allowable use is conducted. (16) Carport: see garage (17) Cellar: That portion of the building having more than one- half of the floor to ceiling height below grade of the ad- 4110 joining ground. (18) Channel: A natural or constructed depression with a bed and banks to confine and conduct, either continuously or periodically, the water in a creek or stream. (19) Commercial Kennel: Any premises where three (3) or more animals, at any one time, over three (3) months of age are owned, boarded, bred or offered for sale. 5 (20) Commercial Recreation: Means any private business enter- * prise offering facilities for participatory physical, cul- tural or entertainment purpose or related leisure time activities. (21) Commission: Means the Hopkins Zoning and Planning Com- mission. (22) Commissioner: Is the Commissioner of the Department of Natural Resources (D.N.R.) State of Minnesota. (23) Comprehensive City Plan: Is that compilation of mater- ial, statements, goals, standards and maps adopted by the Commission and used by the Commission in making recomen- dations for guiding the orderly development of the pri- vate and public sectors of Hopkins. (24) Club: A non-profit association of persons who are bona- fide members paying annual dues, which owns, hires or leases the building or portion thereof, the use of such premises being restricted to members and their guests. (25) C.U.P. : Community Unit Plan (26) Conditional Use Permit: A permit specially and individ- ually granted by the Council after public hearing thereon by the Commission for purposes specified in the Ordinance. (27) Council: City Council of Hopkins. . (28) Drive-in: Means any facility, structure or use affording transactions of any business or service while occupying any vehicle. (29) Dwelling: That part of a building intendedto be occupied for residence purposes, but not including rooms in motels, hotels, nursing homes, boarding houses, trailers, cabins or mobile homes. 6 (30) Dwelling -Attached: A dwelling which is joined to another • dwelling at one or more abutting walls. (31) Dwelling -Detached: A single dwelling having a yard on all sides. (32) Dwelling - Group: A home approved by the State where not more than 10 persons live which are not a family as de- fined in this ordinance. (33) Dwelling - Multiple: A structure or portion thereof in- tended and designed for three or more dwellings. (34) Dwelling - Townhouse: A single structure consisting of three (3) or more dwelling units having one or more walls abutting with another dwelling and designed to have all 111 exits open directly to the outside. (35) Dwelling Unit: A single family dwelling having permanent- ly installed cooking and sanitary facilities. (36) Dwelling for the Elderly: Is defined as wholly or partly publicly financed dwelling units, the occupancy of which is limited to not more than two persons related to each other by blood or marriage, at least one of whom is 62 years of age. (37) Exercise Facilities: see Health Club (38) Family: Is defined as any number of persons related by 1/0 blood, marriage or adoption or any four unrelated persons living together. (39) Fence: Is defined as any structure which serves as a wall, gate, barrier or enclosure outside of a building. (40) Flood Fringe: That portion of the flood plain outside the floodway. (41) Flood Plain: That land on each side of a creek which has 7 an elevation below the elevation shown on the Official 1111 Flood Profile. (42) Flood Proofing: A combination of structural provisions, changes or an adjustment to properties and structure, subject to flooding, primarily for the reduction or elimination of flood damage. (43) Regulatory Flood Protection Elevation: The elevation to which uses regulated by this Ordinance are required to be elevated unless flood proofed. It shall corres- pond to a point not less than one foot above the water surface profile associated with the regional flood plus 011 any increases in flood heights attributable to approved encroachments on the floodway (44) Floodway: The channel and those portions of the flood plain adjoining the channel which are reasonably required to carry and discharge the regional flood. (45) Floor Area: Whenever used in establishing required park- ing spaces herein shall mean that part of the gross floor area devoted to that portion of the structure designed and used for the business and services offered, available and accessible to the public and to those employees directly involved. (46) Floor Area Ratio: The numerical value obtained through dividing the floor area of a building or buildings by the lot area on which such building or buildings are located. (47) Foster Home: Is a family home approved by the State for not more than four (4) children unrelated to the family. (48) Garage - Private: A detached or attached accessory build- ing or carport, used primarily for storage of passenger 8 vehicles or one (1) truck of a rated capactiy not ex- • ceeding 9000 pounds. (49) Garage - Public: Any building used for the repair, maintenance, storage, display, sale, lease or hire of motor vehicles and parts. (50) Garage Sale: Means the irregular display and pervay- ance of goods, wares, merchandise in or on any resi- dential area. (51) Group Home: A home approved by the State where not more than ten (10) persons live which are not a family as defined in this ordinance. 111 (52) Health Club: Shall be a service where athletic facili- ties such as handball, swimming, track, exercise devices, etc. are provided and may in addition include a whirl pool, sauna or massage service for members who shall reg- ister each time they utilize the club. (53) Home Occupation: Means any gainful enterprise or pro- fession not including garage sales conducted in any dwel- ling or accessory building by residents thereof provided no evidence thereof is visable from the public street and no permanent revolving inventory of merchandise is main- tained. 4110 (54) Hotel: A building containing guest rooms in which lodging is provided with or without meals for compensation and which is open to transient or permanent guests or both, and where no provisions are made for cooking in any guest room, and in which principal access to and from all rooms is made through an inside lobby or office supervised by a person in charge. 9 (55) Junk Yard: An area where used, waste, discarded, salvaged I/0 materials or other personal property is bought, sold, ex- changed, stored, baled, cleaned, abandoned, packed, disas- sembled or handled, including but not limited to, scrap iron and other metals, paper, rags, rubber products, bottles and lumber. Storage of such material in conjunction with a permitted manufacturing process when within an enclosed area or building shall be included. (56) Land Reclamation: Depositing of four hundred (400) cubic yards or more of earth material so as to elevate the grade. (57) Loading Berth: An unobstructed area provided and maintained . for the temporary parking of trucks and other motor vehicles for the purpose of loading and unloading goods, wares, mater- ials and merchandise, as more fully defined in Section 427.46. (58) Lot: A parcel of land abutting on a public or approved pri- vate street and of sufficient size to provide the yards and area required by this Ordinance. (59) Lot Area: The area of a lot in a horizontal plane bounded by the lot lines. (60) Lot Area Per Dwelling: The number of square feet of lot area required per dwelling unit. (61) Lot - Corner: A lot situated at the junction of, and abut- ting on two (2) or more intersecting streets, or a lot at the point of deflection in alignment of a continuous street, the interior angle of which does not exceed 135 degrees. (62) Lot - Depth: The mean horizontal distance between the front and the rear lot lines of a lot. (63) Lot Line: A lot line is the property line bounding a lot 10 except that where any portion of a lot extends into any • proposed or existing public right-of-way the line furthest from the centerline of such public right-of-way shall be the lot line for applying this ordinance. (64) Lot Line - Front: The boundary of a lot which abutts an existing or proposed public street, and in the case of a corner lot, it shall be the shortest dimension on a public street. If the dimensions of a corner lot are within 10% of being equal, the front lot line shall be that street line designated by the owner and filed in the office of the Building Inspector. (65) Lot Line - Rear: That boundary line of a lot which is op- 411 posite the front lot line. If the rear lot line is less than ten (10) feet in length, or if the lot forms a point at the rear, the rear lot line shall be a line ten (10) feet in length within the lot, connecting the side lot lines and parallel to the front lot line. (66) Lot Line - Side: Any boundary of a lot which is not a rear or front lot line. (67) Lot of Record: Part of a recorded platted subdivision, or parcel of land the deed to which was recorded prior to August 11, 1966 in the office of the Hennepin County Re- • corder or Registrar. (68) Lot - Through: A lot which has a pair of opposite lot lines abutting two (2) substantially parallel streets, and which is not a corner lot. (69) Lot - Width: The maximum distance between the side lot lines of any lot measured parallel to the front lot line and within the required front yard. 11 (70) Mining: The extraction and removal of material from the • land in the amount of more than 400 cubic yards. (71) Mobil Home: Any readily movable structure used for one or more residential purpose. (72) Motor Court, Motor Hotel or Motel: A building or group of buildings other than a hotel used primarily as a temporary residence. (73) Motor Freight Terminal: Is a structure or area in which goods, wares, or merchandise is assembled, stored or dis- tributed. (74) Motor Fuel Station: A place where gasoline, kerosene or any other motor fuel, lubricating oil or grease for oper- ating motor vehicles is offered for sale to the public. (75) Noise: Is any unwanted sound not occuring in the natural environment. (76) Non-Conforming Use; Use of land, buildings or structures existing on August 11, 1966,which does not comply with all the regulations . . . (77) Noxious Matter or Material: Any material which is capable of causing detrimental effects to the physical or economic well being of individuals, animals or other living organ- isims. • (78) Nursery - Day: Where care is provided for pay for three (3) or more people for periods of four (4) hours or more per day (See Minn. Statute Section 257.081 Subd. 4) (79) Obstruction: Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into 12 the flood plain, water course, or regulatory flood • hazard area which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water, or that is placed where the flow or water might carry same downstream to the damage of life or property. Trees which are in an upright and nat- ural growing position shall be an exception unless located in the channel. (80) Open Sales Lot: Land devoted to the display of goods for sale, rent, lease, advertising or trade where such goods are not enclosed within a building. 411 (81) Open Space: Areas of the lot not less than 25' x 25' which are not designed for use as the building site, parking or loading areas, or utility sites. (82) Open Space Ratio: Is the amount of open space not in- cluding drives and parking areas required per square feet of building coverage. (83) Open Space Private: Areas of the lot which are not de- signed for use as the building site, parking or loading areas or utility sites which are designated for the use of a particular family. 4111 (84) Parking Areas: Are defined as those structures or parcels of land set aside, maintained and available for vehicle parking. (85) Planned Unit Development: Means the improvement of any sized parcel of land on which two or more buildings and supporting structures are possible and permitted accord- ing to a development plan agreed upon by the City and 13 developer according to the conditions set forth in this • ordinance. (86) Person: Unless otherwise in this ordinance or any amend- ment thereof more particularly or specially defined, the term person shall include both male and female and shall also extend and be applied to bodies politic and corpor- ate and to partnerships and other incorporated associa- tions. (87) Public Waters: Means a body of water capable of sub- stantial beneficial public use. This shall be construed to mean, for the purpose of these regulations, any body of water which has the potential to support any type of • recreational pursuit or water supply purpose. A body of water created by a private user where there was no pre- vious shoreland, as defined herein, for a designated pri- vate use authorized by the Commissioner shall be exempt. (88) Quick Order Food Establishments: Means any building or premise used for the sale at retail of prepared, ready to eat, individual meals or food courses for consumption either away from the premise or in or around parked vehicles thereon with or without curb service and such food sales constitute at least 40 per cent of the total food sales of the establishment. (89) Railroad Right-of-Way: A strip of land with tracks and auxiliary facilities for track operations but not includ- ing depots, loading platforms, L.C.L. tracks, train sheds or other support structures. (90) Reach: A hydraulic engineering term to describe a long- itudinal segment of a watercourse between two locations, 14 each of which have an obstruction which is natural or • man made that influences the flow of water. (91) Regional Flood: A flood which has the characteristics of what can be expected to occur with a frequency of onCeeach 100 years. (92) Right-of-Way: Is a parcel of land where the public has been given certain rights by easement or dedication. (93) Sign: Shall mean any outdoor structure either station- ary or movable, containing any writing, announcements, declaration, demonstration, display, illustration, in- signia or illumination used to advertise or promote the distribution of any merchandise or the sale of other Oilproperty or service of any person. (94) Sign - Advertising (Billboard) : A sign which directs at- tention to a business, commodity, service or entertain- ment not exclusively related to the premise where such sign is located or to which it is affixed. (95) Sign - Business: A sign which directs attention to a business or profession conducted or to a commodity, ser- vice or entertainment sold or offered on the premises on which such sign is located or to which it is affixed. (96) Sign - Directional: Means a non-promoting, non-advertis- • ing sign structure maintained for guidance and informa- tion purposes only. (97) Sign - Flashing: Is an intermittant or blinking illumin- ation used for or in connection with any sign. (98) Sign - Gross Area: See 427.42 (8) (99) Sign - Name Plate: Shall mean any sign which states names or addresses or both of the business or occupant 15 of the lot or building where the sign is located. • (100) Story: That portion of a building included between the surface of any floor and the surface of the floor next above, or if there is no floor above, the space between the floor and the ceiling next above. A base- ment shall be counted as a full story, and a cellar shall not be counted as a story. (101) Street: A public right-of-way not less than fifty (50) feet in width which affords a primary means of access to abutting property, and shall also include Avenue, Highway, or Road excepting existing public right-of-way of lesser width. i (102) Structure: Anything constructed or erected on, or connected to the ground. (103) Thosaughfare - Major: Shall be those streets as shown on the Hopkins Major Thoroughfare Plan. (104) Use - Accessory: A use subordinate to the principal use on a lot and exclusively used for purposes inci- dental to those of the principal or conditional use. (105) Use - Conditional: Those occupations, vocations, skills, arts, businesses, professions, or uses specif- ically designated in each Zoning Use District which . for their respective conduct, exercise or performance in such designated use districts may require reasonable but special, peculiar, unusual or extraordinary limita- tions, facilities, plans, structures, thoroughfares, conditions, modification or regulations in such use district for the promotion or preservation of the gen- eral public welfare, health, convenience or safety 16 therein and in the city, and therefore may be permitted • in such use district only by a Conditional Use Permit. (106) Use - Permitted: A use which may be lawfully established in a particular district or districts, provided it con- forms with all requirements, regulations and performance standards (if any) of such districts. (107) Use - Principal: The main use of land or buildings as distinguished from subordinate or accessory uses. A 'principal use' may be either permitted or conditional. (108) Variance: Means a modification or variation from the pro- visions of this ordinance granted by the Board and applying to a specific parcel of property because of undue hardship due to circumstances peculiar and unique upon such parcel. (109) Vending Machine: Any coin operated device which dispenses a product or service without an attendant. (110) Warehouse: see motor freight. (111) Yard: Is defined as that open space on any lot which is unoccupied by a building or structure from its lowest ground level to the sky. A yard shall be measured from the lot line to the vertical wall of the principal struc- ture or structures. (112) Yard - Front: A yard extending along the full width of 4110 the front lot line between side lot lines and extending from the abutting front street right-of-way line to a depth at its shallowest width required in the yard regu- lations for the district in which such lot is located. (113) Yard - Rear: A yard extending along the full width of the rear lot line between the side lot lines and extend- ing toward the front lot line for a depth as specified in 17 the yard regulations for the district in which such lot 410 is located. (114) Yard - Side: A yard extending along the side lot line between the front and rear yards, having a width as speci- fied in the yard regulations for the district in which such lot is located. (115) Zoning Administrator: Person appointed by the City Manager as provided by this ordinance. (116) Zoning District: An area or areas within the limits of the City for which the regulations and requirements governing use, lot and size of building and premises are uniform. GENERAL PROVISIONS 427.05 APPLICATION OF THIS ORDINANCE. ( 1) In their interpretation and application, the provisions of this Ordinance shall be held to be the minimum requirements for the promotion of the public health, safety, morals, and welfare. ( 2) Where the conditions imposed by any provision of this Ordin- ance are either more restrictive or less restrictive than comparable conditions imposed by any other law, ordinance, statute, resolution, or regulation of any kind, the regu- lations which are more restrictive, or which impose higher standards or requirements shall prevail. ( 3) No structure shall be erected, converted, enlarged, recon- structed or altered, and no structure or land shall be used for any purpose nor in any manner which is not in conform- ity with the provisions of this Ordinance. ( 4) When land is proposed to be annexed to the City of Hopkins, 18 the Commission shall hold a public hearing to determine 110 zoning of said land. The result of the hearing, along with a recommendation, shall be presented to the City Council. In the event of annexation proceedings becom- ing final before the permanent zoning is determined, the annexed area shall be placed in the "R-1-D" District and such classification shall be considered as an interim category pending permanent classification. ( 5) The development of all land which is within the desig- nated flood plain of Minnehaha Creek or Nine Mile Creek shall conform to the terms of this Ordinance. 427.06 NON CONFORMING USES AND STRUCTURES. 411 ( 1) Any obstruction or structure or use lawfully existing upon August 11, 1966,but which would not now be permitted under the same standards may be continued as a non-conform- ing use at the size and in the manner of operation exist- ing upon August 11, 1966, except as herein specified. ( 2) Nothing in this Ordinance shall prevent modernizing or re- pairing of a structure when said structure is declared un- safe by the Building Inspector, providing the necessary repair shall not constitute more than 50% of fair market value of such structure. ( 3) When any lawful non-conforming use of any structure or land in any district has been changed to a conforming use, it shall not thereafter be changed to any non-conforming use. ( 4) A lawful non-conforming use in or on any location may be changed to a different non-conforming use provided such new use is permitted in the zoning classification appli- cable to such location or such new use is more restrictive 19 and if a more restrictive use is selected, the location • shall not return to the previous less restrictive use. ( 5) Whenever a lawful non-conforming structure is destroyed or damaged by any means to the extent that the cost to repair such damage would be 50% or more of the appraised value of the structure after such repair, then the use of land and structure shall not be repaired except in con- formance with this Ordinance. The appraised value shall be determined by the Hopkins Tax Assessor. ( 6) Whenever a lawful non-conforming use of a structure or land is discontinued for a period of six (6) months, any future use of said structure or land shall be in conform- 4 ity with the provisions of this Ordinance. ( 7) Any non-conforming presently existing use in or on any premise which use was in being on or before January 1, 1972, except a use which is non-conforming only because of fail- ure to secure a Conditional Use Permit is unlawful and here- by prohibited; and shall cease forthwith subject only to the granting of a Conditional Use Permit. Any such non-conform- ing use as above described which has arisen after January 1, 1972, shall cease to exist and become prohibited one year from and after the notification thereof upon the owner or occupant of such premises, such notice to be by certified mail to the last known address of such owner or occupant. Such non-conforming use may be extended by resolution of the Council provided the expenditure necessary for conformance to this Ordinance is at least $10,000. ( 8) Normal maintenance of a building or other structure con- taining or related to a lawful non-conforming use is per- 20 mitted, including necessary non-structural repairs and 410 incidental alterations which do not extend or intensify the non-conforming use. ( 9) Non-conforming uses shall not be expanded beyond the building in which said use is located at the time this Ordinance becomes effective. 427.07 LOT PROVISIONS ( 1) A lot of record existing upon the effective date of this Ordinance in an "R" District, which does not meet the minimum requirements of this Ordinance as to area or di- mensions may be utilized for single family detached dwel- ling purposes provided the area and width of such lot 411 are not less than 2/3 of such minimum requirements for the district within which the lot is located. ( 2) Except in the case of planned developments as provided for hereinafter, not more than one principal building shall be located on a lot. ( 3) On a through lot, both street lines shall be front lot lines for applying this Ordinance. ( 4) No front yard required by this Ordinance shall contain any building or other structure except fencing, ornamental out- door furniture, permitted signs and landscaping. 110 ( 5) Except in planned unit developments as provided for herein- after, all lots shall have frontage on a public right-of-way. 427.08 ACCESSORY BUILDINGS AND STRUCTURES: ( 1) No accessory building or structure other than a fence, tem- porary construction office or garage for residential use shall be constructed on any lot in any residential (R) dis- trict prior to the construction of the principal building. 21 Said residential garage may be used for storage and or 410 service when directly related and prior to the construc- tion of the Principal Building to be located on said lot. ( 2) No accessory building to a residential structure shall exceed fifteen (15) feet in height and all other acces- sory buildings shall not exceed the height of the prin- cipal building. ( 3) Accessory buildings to a residential structure shall not exceed an aggregate area of 528 sq. ft. per dwelling unit except the aggregate area may be extended to the follow- ing percentage of lot area for the zoning district desig- nated provided the area does not exceed 1000 sq. ft. 411 R-1A - 12%; R-1B - 10%; R-1C - 8%; R-1D - 6%. ( 4) Except as provided in Section 427.08 and 427.38 of this Ordinance, no detached accessory building in any district shall be located closer than two (2) feet from any side or rear lot line, except that the vehicle entrance side to such building shall be not less than 20 feet from any such yard line. ( 5) Any detached accessory building in any district which abutts any lot in an "R" district shall provide yard re- quirement as required in the "R" district unless said accessory building is over 24 feet in length, in which case the required side or rear yard shall be increased 12 inches for each 10 feet of length beyond 24 feet to a maximum yard of ten (10) feet. ( 6) Detached accessory buildings in the "B" or "I" district may with written consent of the owner of the abutting lot in the "B" or "I" district, have a masonry wall located 22 on the lot line provided a twelve (12) foot wide open space remains as the side yard along the other side lot line to provide access from a public right-of-way (alley or street) . 427.09 REQUIRED YARDS AND OPEN SPACE : ( 1) No yard or other open space existing on or before August 11, 1966. shall be reduced in area or dimension be- low the minimum requirement set forth herein. ( 2) The following shall not be considered as encroachments on yard and setback requirements. (a) Chimneys, flues, belt courses, leaders, sills, pi- lasters, lintels, ornamental features, cornices, eaves, gutters and other similar projections, pro- vided they do not exceed more than two feet into a yard. (b) Yard lights and name plate signs in "R-1","R-2" and "R-3" Residential Districts provided such lights are three (3) feet or more from all lot lines and subject to Section 427.42. Lights for illuminating parking or loading areas or yards for safety and se- curity purposes may be provided where necessary if that glare is not visible from the public right-of- way or adjacent residential property and not more than three (3) foot candle of light intensity is present at residential property line. (c) In front yards, balconies that extend a distance of four (4) feet or less, provided they are seven (7) 23 feet or more above the grade at the building line, steps, stoops and uncovered porches. (d) In side yards, terraces, patios, driveways, off-street parking, steps, uncovered porches or stoops which do not extend in elevation above the height of the ground floor level of the principal building and do not extend nearer than two (2) feet from any lot line. No basketball re- bound board and hoop shall be installed less than eight (8) feet from the side lot line. (e) In rear yards, bays not to exceed a depth of two (2) feet nor to contain an area of more than twenty (20) square feet; fire escape with treads not exceeding a width of 4111 three (3) feet; balconies, breezeways, detached outdoor picnic shelters and recreational equipment, and off-street parking except as hereinafter regulated. ( 4) Whenever a park or play area is so located that it abutts on a public or railroad right-of-way, either a landscaped yard area of at least thirty (30) feet shall be maintained be- tween such right-of-way and the nearest developed play space, or a fence in conformity with Section 427.11 or a six (6) foot chain link fence shall also be used. 427.10 TRAFFIC VISIBILITY: On corner lots in all districts except B-2 and B-3, no structure or planting in excess of thirty (30) inches above the abutting curb line shall be permitted within a triangu- lar area defined as follows: "beginning at the intersection of the projected curb lines of two intersecting streets, thence thirty (30) feet along one curb line, thence diagon- ally to a point thirty (30) feet from the point of begin- 24 ning on the other curb line, thence to the point of be- ginning. 427.11 FENCES: ( 1) Permit Required: No person, firm or corporation, shall hereafter construct, or cause to be constructed or erected within the City of Hopkins, any fence without first making application for and securing a permit therefor from the Building Inspector of the City of Hopkins. ( 2) Location: All boundary line fences shall be located en- tirely upon the private property of the person, firm or corporation constructing or causing the construction of 410 such fence unless the owner of the property adjoining agrees, in writing, that such fence may be erected on the division line of the respective properties. The Building Inspector may require the owner of the property upon which a fence now exists, or may require any applicant for a fence permit to cause to establish the boundary lines of his property by a survey thereof to be made by any Regis- tered Land Surveyor. ( 3) Construction and Maintenance: Every fence shall be con- structed in a substantial, workmanlike manner and of sub- stantial material reasonably suitable for the purpose for IIIP which the fence is proposed to be used. Every fence shall be maintained in a condition of reasonable repair and shall not be allowed to become and remain in a condition of dis- repair or danger, or constitute a nuisance, public or pri- vate. Any such fence which is, or has become dangerous to the public safety, health or welfare, is a public nuisance, and the Hopkins Building Inspector is hereby authorized 25 to commence proper proceedings in the Hennepin County 1011 Municipal Court for the abatement thereof. Link fences, wherever permitted, shall be constructed in such manner the barbed end is at the bottom of the fence and the knuckle end is at the top thereof. ( 4) Barbed wire fences shall not be permitted, used or constructed except in industrial districts as hereinafter provided. ( 5) Residential District Fences: In any part of Hopkins zoned residential, no boundary line fence shall be erected or maintained more than three and one-half (31) feet in height except that: (a) fences on any corner lot erected within thirty (30) feet of the intersecting curb line shall be subject to Sec- tion 427.10, and; (b) fences on side property lines shall not be more than six (6) feet in height for the distance commencing from a point on such side property line located at the rear lot line and proceeding thence along such side property line to a point thereon which would be intersected by the rear wall line of the then existing principal building on that lot on either side of such fence, which building line intersecting such fence 111, line is closest to the rear lot line from which such fence commences provided that if such principal build- ing is located more than fifty (50) feet away from such fence line and is owned by someone other than the fence owner or erector, then such six (6) foot side yard fence may be constructed to a point of such side 26 yard which would be intersected by the rear wall of /11111 the principal building on said lot thus fenced; and (c) fences along any rear property line, which is also the rear property line of an abutting lot shall not exceed six (6) feet in height; and (d) fences along a rear property line which line con- stitutes the side lot line of an abutting lot shall not exceed six (6) feet in height for a distance cal- culated as in (b) herein and shall not exceed three and one-half (31) feet in height thereafter. All fences in any residential district shall be construc- ted in such manner that at least twenty-five (25 per- 4111 cent of the plane between the ground and the top of the fence is open, and in calculating such percentage, distances of fifty (50) feet may be averaged beginning at the permitted point opposite the principal building. (e) fences on side street lot lines shall not be more than six (6) feet in height for the distance commencing from a point on such side street lot line located at the rear lot line and proceeding thence along such side lot line to a point thereon which is forty (40) feet distant from the front lot line, but in no case shall said fence extend forward of the front line of the house. (f) property line fences abutting "R" Districts shall con- form to those conditions applying to the "R" Districts. ( 6) Business District Fences: Property line fences within any business district shall not exceed six (6) feet in height except that the Council may grant a Conditional Use Permit for a fence up to eight (8) feet in height provided: 27 Ill • t (a) that applicant has an approved open sales lot or; (b) open sales lot classified as a non-conforming use; or (c) has a commercial or industrial operation which requires the storage of equipment outside the building; or (d) the premise or use may be dangerous to the public; or (e) the use is an attractive nuisance and the applicant can show that for security reasons a fence of six (6) feet will not be adequate. ( 7) Industrial District Fences: Property line fences in any industrial district shall not exceed eight (8) feet in height except that: 1111 (a) fences in industrial districts which are primarily erected as a security measure may have arms project- ing into the applicant's property on which barbed wire can be fastened commencing at a point at least seven (7) feet above the ground, and (b) such fence shall not be erected within the landscaped portion of the front yard of any industrial estab- lishment. ( 8) Special Purpose Fences: Fences for special purposes and fences differing in construction, height or length may be permitted in any district in the City of Hopkins by the 11) issuance of a Conditional Use Permit approved by the Zoning and Planning Commission and by the City Council upon proof and reasons submitted by the applicant and upon the sign- ing by said bodies that such special purpose is necessary to protect, buffer or improve the premises for which such fence is intended. Such special fence permit, if issued, may stipulate and provide for the height, location, con- 28 struction and type of special fence thereby permitted. 427.12 PUBLIC UTILITY SERVICES: This ordinance shall apply to all public utility buildings and structures except those wires, pipes and conduit which is an integral part of a system for public transporation or for transmitting power, water, heat, communications, gas or sewage by any public utility, and located on public ease- ments or rights-of-way. 427.13 LAND RECLAMATION AND MINING: Land reclamation and mining shall be permitted in all dis- tricts by Conditional Use Permit. The Conditional Use Per- 411 mit shall include as a condition thereof an approved fin- ish grade plan which will not adversely affect the adjacent land, an approved program for regulating the type of fill permitted, for control of rodents, fire, vehicular ingress and egress, hours of operation, unstable slopes, material dispersed by wind or hauling of material to or from the site, and general maintenance of the site. 427.14 STRUCTURES IN PUBLIC RIGHTS-OF-WAY: No structure shall be located in or on any public lands or rights-of-way without a permit therefor issued pursuant to appropriate City Ordinances or other regulations. ADMINISTRATION AND ENFORCEMENT 427.20 ENFORCING OFFICER: The City Manager shall appoint a Zoning Administrator who shall have the duty and responsibility of enforcing and administering this Ordinance. 29 427.21 BUILDING PERMIT: • No structure shall hereafter be erected, or structurally altered until a building permit shall have been issued and no building permit shall be issued therefore except in con- formance with an approved Conditional Use Permit or Certifi- cate of Occupancy application as applicable. 427.22 DUTIES OF THE ZONING ADMINISTRATOR: The Zoning Administrator shall enforce this Ordinance and in furtherance of said authority he may: ( 1) Conduct inspections of buildings and use of land to de- termine compliance with the terms of this Ordinance and to that end is hereby authorized and empowered to enter into or upon the premise for such purpose with or without the owner or occupant thereof. ( 2) Maintain permanent and current records of this Ordinance, including but not limited to, all maps, amendments and con- ditional uses, variances, appeals, certificates of occu- pancy and application thereto. ( 3) Receive, file and forward all applications for amendments, variances, conditional use or other matters to the Com- mission and Council. ( 4) Institute in the name of the City of Hopkins any appropriate actions or proceedings against a violator as provided by law. ( 5) Establish and enforce necessary or desirable regulations, in writing, clarifying or explaining any provision of this Ordinance. ( 6) A record of each non-conforming use in existance as of August 11, 1966, shall be maintained by the Zoning Admin- istrator. Such record shall indicate the type of use, 30 square footage in use, number of employees and other per- iltinent information as considered necessary to establish the size and scale of the non-conforming use. A record shall be furnished the owner of the use. 427.23 VARIANCES: ( 1) Applications for variances shall be filed with the Zoning Administrator and shall state the exceptional conditions of the lot and the peculiar and practical difficulties claimed as a basis for a variance. ( 2) All applications for variances shall be referred by the Zoning Administrator to the Board which shall hear the . applicant, or representative thereof, at its next regular meeting after fourteen (14) days after the date of filing the application. The Board shall recommend such conditions relating to the granting of a variance as they deem neces- sary to adjust the hardship or special situation so as to carry out the intent and purpose of this Ordinance or shall recommend denial of the request. ( 3) Issuance of Variance: Prior to the Board formulating a decision and the conditions in support thereof, it shall find that the literal enforcement of the provisions of the zoning ordinance would cause an undue hardship because of circumstances unique to the individual property under consideration, and that the granting of a variance to the extent necessary to compensate for said hardship is in keeping with the intent of this Ordinance. The Board shall not permit any use which is not permitted under the ordinance for property in the zone which applies to the land under consideration. 31 ( 4) Action by the Board: The Board shall forward its recom- . mendation within 65 days after the request for a variance first appears on the agenda for consideration unless the applicant files a request in writing with the clerk or a motion is made from the floor for a 65 day extension ( 5) Action by the Council: Upon receiving the recommendation of the Board or within 130 days after the request for a variance first appeared on the Boards agenda if no recom- mendation has been transmitted, the Council shall place the request on its agenda for the next regular meeting. 427.24 AMENDMENT TO ZONING ORDINANCE: The Council may b 4/5 vote of the entire Council, from 4 time to time, adopt amendments to this Ordinance. ( 1) Initiation for Amendment: The Council or the Commission may, upon its own motion, initiate a request to amend this Ordinance. Any person-owning real estate may petition the Council to amend the district boundaries so as to affect his real estate or a larger parcel which includes said real estate. ( 2) Application for Amendment: All petitions for amendments which are initiated by the owners of property shall be filed with the Zoning Administrator. When said applica- tion involves the changing of zoning districts and bound- aries thereof, it shall be accompanied by a map or plat showing the lands proposed to be changed and all lands to be rezoned, together with the names and addresses of the owners of the land in such area. 32 ( 3) Rezoning: Rezoning designed to enlarge or relocate any established business or industrial district may be enacted only as an amendment changing the boundary line of said district on the Zoning Map of Hopkins and such change shall conform to the provisions of the Comprehensive Development Plan of the City. ( 4) Referral to the Commission: All petitions for amendments shall be referred to the Commission which shall hold an official public hearing within 60 days of the date of filing such petition. ( 5) Hearing: The Zoning Administrator shall cause to be pub- lished a notice of public hearing in the official news- paper at least ten (10) days but not more than 30 days prior to the date of the hearing. ( 6) Action by the Commission: If the request is for a dis- trict change, notices shall be mailed to all owners of property within 350 feet of the parcel included in the re- quest, such ownership to be determined by the listing in the files of the City Assessor, not less than five (5) days nor more than thirty (30) days prior to the hearing. Fail- ure of a property owner to receive notice shall not invali- date any such proceedings as set forth within this Ordinance. 41/ The Commission shall make its recommendation to the Council within sixty-five (65) days after the request first appeared on the agenda or within sixty-five (65) days unless the ap- plicant files a request in writing with the clerk or a motion is made from the floor for a 65 day extension. by filing such recommendation with the City Clerk. ( 7) Action by the Council: The City Clerk shall thereupon place 33 such matter on the Council agenda for its next regular • meeting held at least five (5) days after such filing, at which time the Council shall act thereon. Notice of Council action shall be made to the applicant. 427.25 CERTIFICATE OF OCCUPANCY PERMIT: ( 1) No building permit for any construction, alteration or moving shall be issued unless such building permit is also for the purpose of securing a Certificate of Occu- pancy for use of such existing or proposed structure. ( 2) The application for a Certificate of Occupancy shall accompany the application for a building permit and 11111 shall be issued when the Zoning Administrator has found the use and the conditions of the development in con- formance with this Ordinance. 427.26 CONDITIONAL USE PERMIT: A Conditional Use Permit is required wheiever: (a) the proposed use is specified within the Zoning District as a Conditional Use; or (b) the proposed use is listed as requiring, under either the General or Special Provisions of this Ordinance, a Conditional Use Permit; or (c) the building permit requested is for a new con- struction or for the enlargement, remodeling or repair of the exterior of any existing building including structures accessory thereto, at a cost of at least $75,000 except one (1) thru four (4) family structures. ( 1) Application for Conditonal Use Permit: The application 34 for any Conditional Use Permit shall contain but shall not 110 be limited to at least the following data: (a) site plan showing location of all buildings and struc- tures with dimensions (b) planting plan showing location, species and size of all plant material (c) landscape plan showing pathway system, width and mater- ial, screening fences with detail, lighting system, recreational feature if any (d) drainage plan indicating catch basins and underground improvement (e) utility systems for sanitary sewer, water, gas, tele- phone and electric which shall all be underground for new construction. (f) off-street parking, drives and access plan (g) off-street loading plan, if any is necessary (h) trash container and pick-up plan (i) plan for adjustment to existing rights-of-way, ease- ments, utilities and new dedications (j) architectural plans showing elevations, entrances, heights, floor plans and material to be used on the exterior. 41/ ( 2) Application for Building Permit Under 427.26 (c) . The ap- plication for any building permit for the construction or alteration set forth in 427.26 (c) above shall include or specify at least the following additional information, and a copy of such application shall be attached to and accom- pany the application for any Conditional Use Permit required: (a) exterior elevations of the proposed structure 35 (b) height, size, design and appearance of all elevations • of the proposed building or addition facing any public thoroughfare or other area owned or operated by the public. (c) description of the construction and the materials proposed to be used. (d) grade of the lot in relation to the street (e) location and surfacing of all proposed parking facili- ties (f) location of proposed building or addition on such lot (g) all access to public sidewalks, streets and alleys avail- able to occupants and users 1110 (h) description of the functional plan of the proposed struc- ture when erected ( 3) Preliminary Concept Plan: The applicant may request a Pre- liminary Hearing with the Planning Commission in connection with the Conditional Use Permit Application for the purpose of exploring the concept ideas and all other pertinent general information. Such requests shall be accompanied with at least the same information set forth in 427.26 (1) , and such other information as the Zoning Administrator and the Building Inspector may require. If such preliminary plan is recommended or approved by the Zoning Administrator, the final plan shall be scheduled for a Public Hearing as hereinafter set forth. ( 4) All applications for any Conditional Use Permit shall be filed with the Zoning Administrator or with the City Clerk together with such filing fee as may be from time to time established by Resolution of the Council. 36 ( 5) Expiration of Conditional Use Permit: A Conditional Use • Permit shall expire one year after it has been issued un- less the use for which the permit has been granted is in effect, except that, upon written application of the owner of the effected land for which the permit was granted prior to the end of said year may request and the Council may grant an extension not to exceed one year. ( 6) Public Hearing: Whenever required, the Zoning Administrator shall place the application for a Conditional Use Permit on the Planning Commission agenda after the next ten (10) days from the date of the filing of such application. All property owners within 100 feet of the parcel involved in the Con- ditional Use Permit application shall be notified not less than five (5) days nor more than thirty (30) days prior to the hearing. Failure of a property owner to receive notice shall not invalidate any such proceedings as set forth in this Ordinance. ( 7) Commission Recommendation: The Commission shall make its recommendation to the Council within sixty-five (65) days of the filing date or within sixty-five (65) days of any continuance of such request as agreed to by the applicant in writing or statement from the floor. Said Planning • Commission recommendation shall be in Resolution form stat- ing said findings in support or opposition to request as filed and/or amended. The public hearing shall be continued by the Commission from the first request until approval, de- nial, withdrawl or until no action has been requested by the applicant for a period of 12 months which shall automatically make the application void. 37 ( 8) Intent and Purpose of Review of Building Permit Application • Submitted With Conditional Use Applications: The require- ment set forth in 427.26 (2) of this Ordinance in connection with the application for a Conditional Use Permit is deemed necessary by the Council for the purposes set forth in Section 427.26 (2) of the Ordinance and for the further reasons and purposes that it is deemed by the Council that a substantial depreciation of values in the neighborhood where such construction is proposed as well as in and to the City at large, occurs or may occur to the detriment of the general public welfare if such construction or alter- ation contains exterior facing materials which are either 1111 temporary or are not of a permanent nature or have a ten- dency to deteriorate rapidly or may be easily disfigured, marred or damaged, or which for any reason may rapidly be- come unsightly in appearance; examples of which materials being, but not limited to the following: Concrete masonry units, common clay tile, tar paper or other similar build- ing composition sheet materials, either corrugated or plain and exposed unfinished concrete unless some or all of such materials are constructed and used in a special arrangement or combination with other materials of a permanent nature • with good architectural design. ( 9) Approval by Building Inspector: Whenever an application is made for the building of any structure included in 427.26 (c) , the applicant or owner may present to the building inspector a request for approval for the use of such materials as here- inabove set forth, and in connection therewith shall file such preliminary or final sketches, samples and any other 38 information as may be necessary to indicate accurately the • cause to be made of such materials and the location and ap- pearance of such materials and of the exterior of such structure when completed. The building inspector may grant approval for the use of such materials based upon all such information, sketches and applications required hereunder, which data shall be filed by him and shall become part of the building permit together with all other additional in- formation required by this Ordinance or by other Ordinances of the City, showing compliance therewith and in conformity with such sketches and other information and thereupon a building permit may be issued. 111 ( 10) Appeal from Denial of Building Permit: Whenever the build- ing permit or a request for preliminary approval, which de- nial is based upon the location, use, or nature of the materials intended to be used, the applicant may submit a request on or before thirty (30) days from the date of such denial for a review of his application and the denial thereof to the Zoning and Planning Commission without payment of any additional filing fees of any kind. The Commission may over- rule the building inspector or it may by negotiation and agreement amend or otherwise modify the plan or materials to • be used and thereupon grant such permit. 427.27 BOARD OF ADJUSTMENTS AND APPEALS: ( 1) The members of the Zoning and Planning Commission shall serve and are hereby designated as the Board of Adjustments and Appeals pursuant to and with the duties, powers and alle- gations set forth in M.S.A. 462.351 thru 462.363. ( 2) Procedure: At the first meeting and thereafter at each 39 Clerk and City Manager who shall be responsible to notify all concerned parties. ZONING DISTRICTS 427.28 DISTRICTS: ( 1) For the purpose of this Ordinance the City of Hopkins is hereby divided into the following Use Districts and groups of Use Districts all as defined in Section 427.51 of this ordinance. "R" RESIDENTIAL DISTRICT R-1-A Single and Two Family High Density R-1-B Single Family High Density R-1-C Single Family Medium Density iR-1-D Single Family Low Density R-2 Low Density Multiple Family Residential District R-3 Medium Density Multiple Family Residential District R-4 Medium High Density Multiple Family Residential District R-4 Planned Unit Development R-5 High Density Multiple Family Residential District R-6 Medium Density Multiple Family Residential District "B" BUSINESS DISTRICT B-1 Limited Business District B-2 Central Business District • B-3 General Business District B-4 Service Business District "I" INDUSTRIAL DISTRICT I-1 Industrial District I-2 General Industrial District "F.P." FLOOD PLAIN ( 2) Reference in this ordinance to "R" Districts shall include 41 • R-1, R-2, R-3, R-4, R-5 and R-6 Districts; reference in this Ordinance to "B" Districts shall include B-1, B-2, B-3 and B-4 Districts; reference in this ordinance to "I" Districts shall include I-1 and I-2 Districts. 427.30 BOUNDARIES: ( 1) District boundary lines as indicated on the zoning map follow lot lines, the center line of streets or alleys, the center lines of streets or alleys projected, the center of water courses or the corporate limit lines, all as they exist upon the effective date of this ordin- ance. If district boundary lines do not follow any of • the above described lines, the district boundary lines are established as drawn on the Zoning Map, except where a district boundary line divides a lot of record which was in single ownership at the time of enactment of this ordinance and places portions of such lot of record in two (2) or more Use Districts, any portion of such lot within fifty (50) feet on either side of such dividing District boundary line may be used for any use of either Use District provided, however, if any portion of such lot shall extend beyond the fifty (50) foot limitation, the District line as shown shall prevail except the F.P. district line which shall be relative to the profile and and shown on the Zoning Map. ( 2) Appeals from the Zoning Administrator's determination and questions of doubt concerning the exact location of District boundary lines shall be heard by the Board. 42 January meeting, the Board shall elect from its membership 410 a chairman and vice-chairman. It shall formulate and adopt rules of procedure. Meetings of the Board shall be scheduled once each month at a time and place to be specified in the rules and procedures. There shall be a fixed place of meet- ing and all meetings shall be open to the public. ( 3) Appeals from Staff Decisions: The Board shall hear and con- sider only appeals submitted in writing from any action rela- tive to this ordinance taken by the City Administrative staff, which appeal shall be filed not later than 90 days from the date of such staff determination; and shall make its find- ings an order thereon not later than 90 days from such ap- peal unless the time is extended by written mutual agree- ment of the parties. Failure by the Board to act within the time herein set forth shall be construed as a determination in favor of the applicant. ( 4) Variances: The Board shall hear and consider all requests for variances filed under Section 427.23 of this Ordinance and make recommendations in writing thereon to the Council. All actions hereunder shall be by resolution containing findings and recommendations and shall be made by the Board not later than 60 days from the date of the filing of the petition for any such variance unless said time is extended by mutual agreement in writing by all parties. Failure of the Board to act within the time heretofore set forth shall be construed as a referral thereon to the Council without recommendation. ( 5) Copies of all resolutions, findings and orders including minutes showing action thereon shall be filed with the 40 • ( 3) Whenever any street, alley or other public way is vacated by official action of the City, the zoning district abutting the center line of said alley or public way shall not be affected by such proceedings. 427.31 RESIDENTIAL DISTRICTS: Within the "R" Districts no structure or land shall be used except for one or more of the uses so indicated as permitted use, accessory use or after having received a Conditional Use Permit and according to the provisions contained in this Ordinance. S • 43 • • 4-) sa 4J01 0 • O O O O to tI) +) U] 0 0 0 U) N O O O tf1 M M a) o rd a) •--i N O N 4-I in l0 O O l0 H •H a) s~ Ifl l0 N O d' H I a a a s -P 4k..00 N 3 IT a) H H H N ,.v4 ..� - co a) + 0 0 0 0 0 0 0 .4 0 0 0 0 0 0 >1 V) to 0 O O in M M IT P •r•I NONO 1.1 C--- I II a a a 0 0 0 H - •H 9 3 to to N N 0 r4 in vi' O H H ,z a) N . 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H -r4 (1) • 4) H Cl) 0 H v 04 al E • > 4-) • • 4 43 • td H 3 •H H 'd z • H t0 4J o G. a-) o N 01 ni 0) 4) a) A -I-I a) W 0 01 +) w w O '- w 0 I-1 H a •q' A W 3 H $ z •r•I U) H >~ 0 '0 a) W A A > Q 3 4J — a) H 01'd W ›1 ›1 rd z CO x a) N H H (i) z O td 'cs 4 z f`I 't3 ›r >r >i rd H H 4 a) 0 N Y, H H H E z >1 H u) i`1 a) u) a) 00' (Ti 0 010 td z E E O 3-I S-1 N z O. •H H rd 0 P 0. z 0 �I a) 4 H H >4 +) +) >4 •••1 td rd a) •.-I rd N •H-I Cl) a) E E w 4 0 •d -,-I v a 4 3 -,-4 4J cn m u) H f... w I.1 (-1-1 CO CO a) rd a) W rd rd p +) +) 4 a z z a) 1.-I H o 4H > H z U) a G. 1 d' cn H R. +) z +) 4J CO 0 ''d H N M rd O H N Z W H N O H 0 H N N [-I M Z ,T• i-a z ao ao o)o w cn 1x 0 CO 0 44 427.32 CREDITS AND ALLOWANCES FOR MULTIPLE DWELLING REQUIRED LOT AREA: IIIThe following lot area credits and allowances shall be applied for multiple dwellings in the"R-3", "R-4", "R-5" and "R-6" Districts but in no event shall the minimum lot area with allowances be less than 1850 sq. ft. , 850 sq. ft. , 600 sq. ft. , or 850 sq. ft. per dwelling in the respective "R-3", "R-4", "R-5" and "R-6" Districts. ( 1) For each parking space provided within the building or underground, subtract 300 sq. ft. per unit. ( 2) If the site upon which the multiple dwelling is being constructed is abutting "B-2", "B-3" or "B-4" Business District, subtract 300 sq. ft. per unit. 4111 ( 3) If the abutting land is in the "R-1" District, add 300 sq. ft. per unit for that portion of the multiple dwelling site within 150 ft. of the "R-l" District un- less the land zoned "R-1" is used for a school, public park or some other open space declared permanent by the Council, then add only 100 sq. ft. per unit for that portion of the multiple dwelling site within 150 feet of the "R-1" District. ( 4) If the total lot coverage is less than 20%, subtract 150 sq. ft. per unit. ( 5) For each unit containing in excess of 2 bedrooms, add 300 • sq. ft. ( 6) Should it be necessary to raze existing principal build- ings which are found by the Planning Commission to be in dilapidated condition, or where said building is economi- cally unfeasible, there shall be provided an allowance 45 of two dwelling units above any other allowance per- mitted within this section. Upon said findings by the Planning Commission the allowance for said existing building may be given credit toward a proposed project after its removal for a period not to exceed two (2) years. 427.33 CONDITIONAL USES WITHIN THE RESIDENTIAL DISTRICTS: Certain uses may or may not be suitable in a partic- ular zoning district, depending upon the suitability of the circumstances. When such circumstances are found to exist, a conditional use may be granted. Conditions may be applied to the granting of the permit and periodic review of the permit may be required. The permit shall be granted for a particular use and not for a particular person or firm. The cancellation of a Conditional Use Permit shall be considered equivalent to a rezoning, and the same procedural requirements shall apply. ( 1) Expiration of Conditional Use Permit: A Conditional Use Permit shall expire one year after it has been issued unless the use for which the permit has been granted is in effect, except that, upon written application of the owner of the effected land for which the permit was granted prior to the end of said year may request and the Council may grant an extension not to exceed one year. ( 2) Use Where a Conditional Use Permit May Be Granted Subject To At Least The Following Conditions: (a) churches - any house of worship or church structure located in any "R" District which provides space for 46 II/ more than 20 persons at worship shall be located not less than 50 feet from any of its side and rear lot lines. (b) outdoor recreational areas not owned or operated by the City of Hopkins, provided that: 1. all accessory or ancillary structures used in connection therewith are located not less than 50 feet from all lot lines 2. golf courses shall not include driving ranges and shall have an average of 130 yards or more per hole • 3. country clubs shall include a golf course 4. outdoor game court and swimming pools abutting upon or in any "R" District shall be fenced and screened by plantings or other suitable screen- ing material, and shall not be lighted between the hours of 11 P.M. and 6 A.M. of the follow- ing day. The term game court and pool shall be construed to include all areas bounded by the fencing in connection therewith. 5. all recreation facilities shall require a cost report to show the number of families necessary 411 to support such facility. Also a site plan in- cluding parking, drainage, landscape plan and other details as required. (c) municipal service structures subject to the following: 1. any structure involving a use in connection with the transmission of electric, telephone, telegraph, 47 gas, water, sewer and other public or private utilities including any fence in connection there- with shall conform to yard requirements, architec- tural style and landscaping of the immediate neigh- borhood. 2. electric power transmission lines shall be located along public street (R.O.W.) or along railroad R.O.W. 3. buildings in public parks provided they are fifty (50) feet or more from all lot lines in an "R" District. (d) public or equivalent private schools provided no build- ings are located less than fifty (50) feet from any lot line and that a fence is erected along the boundary line which is common with abutting private property. (e) railroad rights-of-way for through trains only (f) off-street parking for abutting "B" or "I" uses may be extended the width of three contiguous lots or 150 feet which ever is greater onto land which is zoned for res- idential use provided the land is under the same own- ership or control as the land which is to be served and said parking is not located between two existing abutting residential uses subject to conformance with • parking lot standards in this Ordinance. (g) accessory structures other than private garage (h) within the "R-4" or "R-5" districts - private clubs and lodges not operated for a profit (i) within the "R-3", "R-4" or "R-5" Districts - boarding houses provided the site shall contain not less than 48 1000 sq. ft. of lot area for each person to be 110 accomodated. (j) within the "R-3", '42-4" or "R-5" Districts, con- valescent and nursing homes provided the site shall contain not less than 600 sq. ft. of lot area for each person to be accomodated (k) within "R-2", "R-3", "R-4" or "R-5" Districts day nursery provided play space of 60 sq. ft. per child of the design capacity is fenced and not located in the front yard and said nursery is licensed by the State (1) "R-4" District - mobile home court to accomodate 411 homes no wider than 12 feet, with 24 foot private roadways designated as fire lanes, two parking spaces with each site and guest parking at a ratio of one-half (1) space per home (m) "R-4" or "R-5" District - retail sales and service may be provided by vending devices or by personnel when such retail area is secondary to the principal use. (n) "R-4" or "R-5" District - offices on the first floor for persons engaged in one of the recognized pro- fessions, finance, insurance, real estate, religious or philanthropic organizations (o) "R-4" or "R-5" District - public or quasi public buildings such as libraries, YMCA, museums, art in- stitutes and within "R-1","R-2" or "R-3" if located in a public park 49 (p) "R-4" and "R-5" District - motel provided the site 110 contains 1000 sq. ft. for each rental unit, and site has frontage on a major thoroughfare (q) foster homes shall be permitted in the "R-1" or "R-2" District (r) 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 (3) persons per one bedroom apartment minimum floor area (s) school buildings which are a part of the physical sys- tem of the district but which are considered temporar- ily in surplus may be used as research centers, offices of a general nature or as some form of educational ac- tivity not necessarily similar to the public school curriculum normally provided: 1. the off-street parking requirements are met 2. the work day of such use falls between 7 A.M. & 9 P.M. (t) homes for the elderly may be located in the "R-4", "R-5" or "R-6" District provided the floor area of each such dwelling unit or apartment contains not less than 420 sq. ft. and is enhabited by not more than 2 persons as defined in Section 427.04 (36) • (u) photographic illustration studio in the "R-4" and "R-5" Districts. 427.34 PERMITTED ACCESSORY USES WITHIN THE "R" DISTRICT ( 1) Private garages, parking space, car port for automobiles and one truck not in excess of 9000 lb. rated capacity when owned by the occupant 50 III ( 2) Garage sales, provided that no sale shall continue for more than three (3) days and frequency shall not be greater than twice a year. ( 3) Gardening and horticultural uses ( 4) Home occupations ( 5) Keeping of not more than two roomers by a resident family ( 6) Signs as regulated in this Ordinance ( 7) Buildings temporarily located for purpose of construction or for sale or lease of units ( 8) Decorative landscape features ( 9) The storage outside of a building but not on a parking • space which was included to meet the minimum standards of this Ordinance, one building for winter ice fishing or one boat or one trailer or one camper or one mobile home provided none of the above mentioned items are over eighteen (18) feet in length. Said storage shall not be in the front yard ( 10) Recreational equipment provided it is so located as to not encourage tresspassing onto abutting lots or en- fringe on the side yard thereof. 427.35 BUSINESS DISTRICTS: Within the "B" Districts no structure or land shall be • used except for one or more of the uses indicated as a permitted use, accessory use or use requiring a Condi- tional Use Permit as follows: 51 PERMITTED USES B-1 B-2 B-3 B-4 • Appliance Store X X Auto Repair - major X X Auto and auto parts sales X X Auto repair - minor X X Auto accessory and parts sales when conducted entirely within a building X X X Auto, truck and trailer sales X X Auto wash subject to ordinance X X Armory, auditorium, exhibit hall (6)X Bakery X X Banks, Savings and Loans X Beauty - Barber Shop X X X Boutique's X Book and Office Supply X X Boat - Marine Sales X X Bowling alley, table tennis center pool hall and curling courts (1)X X X Business School X X Broadcasting (TV-Radio studio) X X Bus and mass transit center X X Bottling plant - max gross floor 6000 sq. ft. X ill Candy, ice cream, pop corn, frozen desserts (2)X Camera and photographic sales X X Carpet and rugs X X Clubs, private, non-profit (6)X X X Cabinet, electrical, heating, plumbing upholstery, air condition provided the operation does not exceed 6000 sq. ft. X X Clothing store X Coin and stamp X X Costume and formal wear rental X X Commercial greenhouse X X Cycle shop - snow mobile (3)X X Dancing (see health clubs) Delicatessen X X Department store (includes discount) X Drive-in (6)X (6)X Dry cleaning and laundry pick-up X X X Dry cleaning and laundry - self serve X X Dental - medical laboratory (4)X X Employment agency X X X Fabric X X • Florist Shop X X X Floor covering - tile X X X Furniture-upholstery as a secondary use X X X Furniture stripping X Garden and landscape items (6)X (5)X X Gifts and novelties X X Glass, china, pottery items X X X Glass - mirror installations X X Grocery, fruit and vegetables X X Health Club (6)X (6)X (6)X (6)X Hardware X X X Hobby crafts-handycraft lessons X X 52 PERMITTED USES B-1 B-2 B-3 B-4 • Hotel X Interior decorating studio X X X Jewelry, time pieces, repair X Karate (see health clubs) Leather goods and luggage X Library, public - private X X Liquor store X X Locker plant to 6000 sq. ft. X X Locksmith, fix-it shop X X X Lumber and building supplies X Meat market X X Musical instruments repair X X Human care clinics X X Mortuaries X X Newstand - :magazines X Newspaper office - printing X X Optical - jewelry mfg. (6)X X Offices in professions X X Offices X X Offices provided not more than 30% of the floor space shall be devoted • to storage, repair, fabricating or assembling X Offices provided not more than 60% of the floor space shall be devoted to storage, repair, fabricating or assembling X X Orthopedic and medical supplies, sales, repair and mfg X Pawn shop and used material X Paint and wallpaper X X Picture framing - art shop X X Pharmacy, drug store X X X Photographic studio, film, supplies X X Pipe - tobacco shop X Post office - telegraph X X Printing shops subject to a max. of 4000 sq. ft. of gross floor area X Print shop X Public auction house (7)X X X Physical cultural, health clubs, karate, dance studios (7)X X X Records, television, radio, hi-fi and recording equipment X X Restaurant drive-in (6)X Restaurant - quick order X (6)X Restaurant, cafe, tea room, taverns, bar X X X Restaurant, cafe, tea room X X X X Roller rinks, public dance hall, ice arenas (6)X X X Rental service X X Sewing machines, related equipment, classes X Shoes - shoe repair X X Sporting goods (non mobil) X X Stationary supplies - card shop X X X 53 PERMITTED USES B-1 B-2 B-3 B-4 Stone - monument sales X Tailor shop X X Theatre (non drive-in) X X Television - radio studio with tower X Travel bureau X X Taxidermist X Taxi terminal X Tire, battery, accessories X X Tire recap services X Trade school X Variety store X Veterinary clinic X X (1) when not located on first floor (2) not of drive-in type (3) non-motorized-bicycle (4) not on first floor (5) total within building (6) subject to Conditional Use Permit (7) not on first floor • Lot area 5000 - 4000 4000 Lot width 50 20 25 50 F A R 1.0 6 1.5 1.0 Front yard 20 1 1 20 Front yard of B lot abutting R District B requirements + 11 of R require- ments Side yard 10 0 0 20 Side yard if abutting Residential District shall be same as Residential District Rear yard from alley 20 10 15 20 Rear yard if abutting Residential District shall be same as abutting yard required in Residential District Building Height (ft) 25 70 45 25 427.36 CONDITIONAL USES WITHIN THE BUSINESS DISTRICT: Certain uses, may or may not be suitable in a partic- iular zoning district, depending upon the suitability of the circumstances. When such circumstances are found to exist, a Conditional Use may be granted. Conditions may be applied to the granting of the permit and periodic re- view of the permit may be required. The permit shall be granted for a particular use and not for a particular 54 person or firm. The cancellation of a Conditional Use 411 Permit shall be considered equivalent to a rezoning, and the same procedural requirements shall apply. Uses where a Conditional Use Permit may be granted: ( 1) accessory structures ( 2) private clubs and lodges in the "B-1" District, provided they are not operated for a profit and do not require a gross floor area greater than 5000 sq. ft. ( 3) offices are permitted in the "B-1" District provided not more than 30% of the floor space is devoted to storage, repair, fabricating or assembling of goods ( 4) day nursery in the "B-1" or "B-2" District for people • provided an area of 50 sq. ft. or more per person is provided and enclosed by a 5 foot fence. Said space shall not be located in the front or side street yard ( 5) restaurants, cafes not of the drive-in or quick order type are permitted in the "B-1" District ( 6) nurseries landscape and garden supply sales when all or a portion is outside in the "B-1" or "B-4" District provided: (a) site shall be constructed according to a drainage plan approved by the City Engineer • (b) provision for loading and unloading shall be in accord with a design submitted and approved by the City (c) a fence not less than 30 inches shall separate the sales and service area from the front yard and in the "B-3" District said yard shall be 20 feet in depth 55 • (d) material in the "B-1" District which is offered for sale in the open shall be horticultural ori- ented and not include pumps, tools, lawn mowers, fertilizers, fencing, ornamental art, etc. ( 7) Dwelling units not occupying first floor provided: (a) off-street parking is provided for each dwelling (b) all dwellings must have an entrance hallway lead- ing directly to a public street or private open space leading to street (c) the density allowed shall be the same as "R-3" (d) should a roof top be made available to a • dwelling, it shall have a 42" minimum protective parapet ( 8) Research and development laboratories in "B-3" or "B-4" ( 9) Convention hall, armory, exhibition hall in "B-4" ( 10) Drive-in, which is a facility offered by a business where the person desiring to patronize the business may remain in his vehicle and receive the goods or services offered by the business in the "B-2", "B-3" or "B-4" provided: (a) the business is designed for parking and traffic flow according to a plan submitted and approved by the City (b) the site drainage is designed and built according to a plan submitted and approved by the City (c) that screening be provided to control headlights (d) that provisions be made to pick up the adjacent neighborhood daily relative to material initiated at the site and discarded from the car 56 • (e) in the "B-2" and "B-3" District a landscaped front yard not less than ten (10) feet in depth shall be required (f) the lighting shall be accomplished in such a way as to have no direct source of light visable from the public right-of-way or adjacent land in residential use (g) within the "B-2" District said drive-in shall abut First Street North, Eleventh Avenue or Eighth Avenue ( 11) Commercial recreation in the "B-2", "B-3" or "B-4" District such as bowling alleys, billiard halls, miniture golf, ar- chery ranges, provided said business shall not occupy the 411 front forty (40) feet of a building in the "B-2" District. ( 12) Essential public service and utility structures. ( 13) Motel-hotel provided the site shall contain not less than 600 sq. ft. of lot area per rental unit and front on a major thoroughfare. ( 14) Religious or philanthropic institutions. ( 15) Rental service when conducted totally within a building. ( 16) Open sales lot provided: (a) the lot is graded and surfaced according to a plan submitted and approved by the City Engineer (b) the assembly, repair or manufacture of goods shall not occur within an open sales lot (c) all lot lines abutting an "R" District shall have a six (6) foot fence which is 30% open erected along the line except abutting required front yard (d) there is located thereon a building devoted to and 57 used in conjunction with the open lot having a gross • square footage as large or larger than the open sales lot (e) that the storage on such lot be so organized that a space of 15 feet of vehicular accessible open space remain between storage aisles which shall not exceed 50 feet in width (f) that the height of such open storage shall not exceed 10 feet (g) that all yards be respected and kept in a landscaped condition ( 17) Parking lots, ramps. • ( 18) Vending machines (coin operated) whether they be for ser- vice or product shall be permitted inside a building; when located outside of building they shall be considered as a building and conform to this Ordinance. ( 19) Warehousing in the "R-3" and "R-4" Districts providing the gross floor area does not exceed 16,000 square feet. ( 20) Utility service structures as regulated in Section 427.33 (c) ( 21) Pet shops in the "B-2" or "B-3" District provided the oper- ation shall not include boarding of pets for a fee, the maintaining of pens outside of the building or operating ' so as to cause an offensive odor or noise. ( 22) Hospital for human care. ( 23) Motor fuel stations in the "B-4" and "I-1" District pro- vided: (a) that the site shall be constructed for drainage ac- cording to a plan submitted and approved by the City Engineer 58 (b) that the entire site not covered with building or • landscape shall be hard surfaced (c) that any other business conducted on the site shall conform to this Ordinance (d) all outdoor illumination shall be provided with lenses, reflectors or shades, which will concentrate the light upon the premises so as to prevent glare or direct rays of light therefrom being visible upon any adjacent high- way or street or private property ( 24) Quick order food establishments provided: (a) such sites provide access to the parking lot from two or more public rights-of-way 50 feet or more in width (b) the site has a 20 foot landscaped front yard (c) provisions are made to pick up paper and debris daily from the premise and within a 300 foot radius from the restaurant premise (d) that the parking area shall be surfaced and the site graded according to a plan submitted and approved by the City ( 25) Service and repair shops, appliances, radio, T.V. , picture framing, in the "B-1", "B-3" and "B-4" and in the "B-2" Business District provided such service and repair activ- ities do not occupy the front 25 feet of the building at street level ( 26) Mortuaries and funeral homes in the "B-1" or "B-4" District provided the principal building is not less than 50 feet from the lot line of an "R-1" District and said site de- sign has a drive that will accomodate 10 vehicles ( 27) Airports 59 427.37 PERMITTED ACCESSORY USES WITHIN THE "B" DISTRICT 0 ( 1) Signs as regulated by this Ordinance. ( 2) Decorative landscape features. ( 3) Buildings temporarily located for purposes of construction on the premise for a period not to exceed the time normally necessary for completion of said construction. ( 4) Repair, manufacturing and assembly as a secondary use when found necessary to the conduct of an allowable use provided the gross floor area is not greater than 50% of floor area devoted to the principal use in the "B-3", "B-4" or 30% in the "B-1" and "B-2" Districts. ( 5) Off-street parking and loading as regulated by this Ordin- • ance. ( 6) Private swimming pool, tennis court or similar recreational devices ( 7) Marquees and awnings on public and private property sub- ject to Section 360 of the Hopkins Code. ( 8) Uses customarily incidental to the principal use. 427.38 INDUSTRIAL DISTRICT: Within the "I-1" and "I-2" Districts, no buildings or land shall be used except for conducting one or more of the uses classified as permitted, accessory or conditional and in 011 accord with the standards and specifications so stated. Such uses shall include manufacturing, fabricating, repair, storage, sales and all uses not totally conducted within a building shall require a Conditional Use Permit approval. 60 PERMITTED USES I-1 I-2 II/ Food and eatable products X X Apparel and textile products X X Apparel from leather, plastic X X Wood products X X Furniture, fixtures X X Paper products X X Electric appliances, motor, etc. X X Printing - publishing X X Chemical and allied products X X Rubber and plastic X X Stone, clay, glass products X X Primary metal products X X Metal fabricating X X Petroleum storage X X Blacksmithing - welding X Boat mfg. repair, storage X Auto reduction yard X Building contractors yard X Ice, cold storage plant X X Laundry X Lumber yard - millworks X Rental X • Restaurant X Trade school X Research Lab X Building materials yard X X Vehicle painting, body work, repair X X Billboards and signs as provided in this Ordinance X X Minimum lot area in square feet 10,000 12,000 Minimum lot width in feet 150 100 Minimum lot depth in feet 125 125 F.A.R. .60 .60 Minimum front yard in feet 20 20 Minimum front yard if across R.O.W. from "R" District 75 50 Minimum side yard * 20 20 Minimum side yard abutting "R" District 40 40 Minimum rear yard without alley abutting "I" or "B" District ** 20 20 Minimum rear yard with alley 12 12 • Minimum rear yard abutting "R" District 40 40 Maximum heights 35 35 * one side yard may be eliminated if the owner of the abutting building files with the City an agreement to build to the line with both buildings in conformance to the Fire Code and the remaining side yard developed as a vehicular access to the rear. ** where a lot has railroad trackage abutting the side or rear of a site, the side or rear yard may be adjusted to accomodate railroad loading facilities Front yard is to be landscaped except for that area where a drive- 61 way may cross or a sidewalk is constructed and said land- 4111 scaping shall be maintained. 427.39 CONDITIONAL USES WITHIN THE INDUSTRIAL DISTRICT. Certain uses, may or may not be suitable in a partic- ular zoning district, depending upon the suitability of the circumstances. When such circumstances are found to exist, a conditional use may be granted. Conditions may be applied to the granting of the permit and periodic re- view of the permit may be required. The permit shall be granted for a particular use and not for a particular person or firm. The cancellation of a conditional use permit shall be considered equivalent to a rezoning, and • the same procedural requirements shall apply. ( 1) Expiration of Conditional Use Permit: A conditional use permit shall expire one year after it has been issued unless the use for which the permit has been granted is in effect, except that, upon written application the owner of the effected land for which the permit was granted prior to the end of said year may request and the Council may grant an extension not to exceed one year. ( 2) Uses which are only permitted after the approval of a Conditional Use Permit: (a) trucking or bus terminal provided said site shall have • a landscaped front yard of 40 feet or more when any loading doors face the public right-of-way; the entire site other than required front yard shall be fenced; an off-street parking space for a 50 foot long, over the road trailer shall be provided for each loading bay included on the approved plan in addition to the 62 loading bay; all storage outside of a building shall 4IPbe considered an open sales lot and require a Condi- tional Use Permit for same; lighting, if provided shall be so located and designed as to concentrate the light to prevent glare or direct rays of light from being visible from any public roadway or pri- vate property; should an outside public address sys- tem be installed, it shall be so designed and used that it shall not be heard from abutting property; provisions for trash shall be provided and screened. (b) radio or TV antennas (c) airports or heliports (d) contractor's yard provided said yard is screened from the public roadway, storage is organized to permit an aisle for vehicular travel 12 feet wide or greater be- tween storage areas not greater than 40 feet in width; that the yard be constructed for drainage according to a plan submitted and approved by the City Engineer. (e) vehicle washing facilities of such scale as to ac- comodate trucks and other large vehicles in the "I-2" District (f) research laboratories • (g) commercial laundry provided the sanitary sewer and water systems are found adequate to meet the demand by the City Engineer (h) laundries and bag, carpet and rag cleaning provided necessary equipment is installed and operated for the effective precipitation and recovery of dust 63 (i) ice, cold storage or bottling works 4IP (j) within the "I-2" District - concrete products, mix plant or asphalt mixing plant (k) public utility structures (1) nurseries, landscape and garden supply sales when all or a portion is outside subject to conditions speci- fied in 427.36 (6) (m) open sales lots provided: 1. the lot is graded and surfaced according to a plan submitted and approved by the City Engineer that will adequately provide for drainage and dust control • 2. that the storage on such lot be so organized that a space of 15 feet of vehicular accessible open space remain between storage area with such areas not to exceed 40' in width 3. that the height of such open storage shall not exceed 15 feet 4. that the storage area shall be fenced in such a way as to screen from the R.O.W. 5. that the area shall be landscaped and maintained according to a plan submitted and approved by the 111 Building Inspector. (n) junk yard provided said operation is fenced, has a 40 foot landscaped front yard screening the operation from the public right-of-way, site is constructed ac- cording to a submitted and approved grading plan, said 64 material contained therein is organized into storage 4IPaisles not to exceed 50 feet in width and served by a minimum of 15 foot wide open aisles, that a fire protection plan be approved by the City, that a ro- dent prevention program be approved by the City and that provisions be made to prevent oil from leaking into the soil (o) accessory buildings and structures (p) petroleum sales and storage to accomodate customers who receive petroleum delivered from a tank truck, provided that if the storage tanks are above ground that they be surrounded by a berm which has a capa- city equal to 110% of the volume of the tanks (q) motor fuel stations subject to those conditions specified under Section 427.36 (23) 427.40 PERMITTED ACCESSORY USES WITHIN THE "I" DISTRICT. ( 1) Dwelling unit necessary to the security and safety of a permitted or conditional use. ( 2) Signs as permitted and regulated within this Ordinance. ( 3) Off-street parking and loading spaces as required and per- mitted within this Ordinance. ( 4) Incidental uses customary in the operation of a permitted • or conditional use. 427.41 FLOOD PLAIN DISTRICT: Within the F.P. District no structure or land shall be used except in conformance with the provisions contained herein: ( 1) The flood plain shall be all land within the City of Hopkins which lies below the official flood profile line. 65 ( 2) The Flood Plain District is an overlying set of regula- 1110 tions and standards applying to all land encompassed by the flood plain. Said uses permitted are determined by the zoning district within which the land is located. ( 3) Within the flood plain no uses which will require a structure, fill or conditions which would adversely af- fect the capacity of the channel or floodways shall be permitted without a Conditional Use Permit. ( 4) Conditional Use Permit Application: Any person, Corpor- ation or other legal entity which can show ownership or equitable interest in a parcel of land may apply for a Conditional Use Permit to utilize said parcel. ( 5) Criteria for granting a Conditional Use Permit Application: (a) it shall be found that the approval of said permit will not allow any obstruction or use which will un- duly decrease the capacity of the channel or flood plain of the creeks or unduly increase the flood heights or may result in danger to persons or prof perty, not withstanding anything to the contrary contained herein. No obstructions shall be per- mitted within the floodway portion of the flood plain except for obstructions designed for water management approved by the appropriate Watershed • District and the City. An obstruction lies within the floodway if, acting alone or in combination with existing or anticipated future uses. It would in- crease the elevation of the regional flood as shown on the Official Flood Profile by six (6) inches or more within the "reach" of that obstruction or use. 66 (b) It shall be found that the approval of said permit will not cause any obstruction which restricts the right of public passage and use of the channel of Minnehaha Creek or Nine Mile Creek, except that a Conditional Use Permit may be issued for obstructions approved by the Minnehaha Creek Watershed Districts as to Minnehaha Creek, and the the Nine Mile Creek Watershed District as to Nine Mile Creek and used for flood plain manage- ment provided adequate provision is made for portaging and for passage of water craft relative to Minnehaha Creek. (c) It shall be found that the approval of said permit will inot cause obstruction or use which will adversely ef- fect land or water areas essential to the protection of surface and ground water supply. (d) It shall be found that the approval of a permit to fill within the flood plain shall include provisions for compensating storage and channel improvement so that the flood level shall not be increased at any part a- long the channel more than 6" within the reach where the fill is to take place. (e) It shall be found that the approval of a permit to con- struct public utilities, railroads, streets and bridges shall not cause any obstruction which will be in con- flict with Section 427.41 (5) (a) of this Ordinance unless said improvement is approved as a part of the flood management plan by the applicable flood plain district of Section 427.41 (7) of this Ordinance is to be applied. 67 ( 6) Standards and Regulations: 0 (a) any proposed development which is to adjust the flood plain elevations through creation of retention areas shall include a method for maintenance acceptable to the City, said retention area shall be constructed so as to be operative prior to acceptance of buildings (b) structures to be located in the flood plain shall con- form to Section 427.41 (11) of this Ordinance and the finished fill elevation shall be no more than one foot below the regulatory flood protection elevation for the particular area and shall extend at such elevation at least fifteen (15) feet beyond the limits of any . structure erected therein. (c) any fill must be shown to have some beneficial purpose and the amount hereof must not exceed that necessary to achieve the intended purpose, as demonstrated by a plan submitted by the owner showing the uses to which the filled land will be put, and the final demensions of the proposed fill area. Such fill shall be pro- tected against erosion as specified in the Conditional Use Permit (d) trees of 6" diameter or greater which exist within the flood way shall be retained as a part of the erosion • control program (e) the bulk storage of flammable liquids or other deleter- ious products within the flood plain shall be prohibited ( 7) Right of Passage: It is unlawful for any person, without a 68 Conditional Use Permit obtained pursuant to this Ordinance 410 to place any obstruction in Minnehaha Creek to obstruct the passage of water craft and to place any obstruction in Minnehaha or Nine Mile Creek to interfere with the use by the public of the channel, except obstructions placed by the Nine Mile Watershed District in Nine Mile Creek and Minnehaha Watershed District in Minnehaha Creek for flood plain management provided adequate provisions are made in case of Minnehaha Creek for portaging or passage of water craft. ( 8) Declared Emergency: The City Council, during a declared emergency may authorize temporary diking by the City, or 411 where considered necessary by the landowner, without a Conditional Use Permit. Said temporary dikes are to be removed within 90 days after the City Council has declared the emergency terminated and failure to do so will be a violation of this Ordinance. ( 9) Utilities, Railroad Tracks, Streets & Bridges: Public utilities, streets, railroad tracks and bridges within the flood plain shall be considered an obstruction unless so designed as to not increase the elevation of the Official Flood Profile more than 6" vertically within the reach where the construction is to take place and should this 411 not be acceptable, said responsible agent for the public utility, street, railroad track or bridge, shall acquire necessary easement for all land to be included in the ad- justed flood plain above the 6". 69 ( 10) Adjustments of Regulatory Flood Protection Elevations and 410 Flood Plain Elevations: In connection with any proposed development of, or proposed placing of an obstruction in the flood plain, if the regulatory flood protection ele- vations and flood plain elevations then being used re- flect proposed measures for flood control, including water retention areas, then such elevations shall not be ef- fective or used in issuing a Conditional Use Permit until such measures are constructed and operative, unless the proposed measures will increase the flood heights, in which event, the regulatory flood protection elevations and flood plain elevations used in issuing a Conditional 411 Use Permit shall reflect the anticipated increases. ( 11) Construction on Fill in Flood Plain: Structures which are to be located within the Flood Plain shall have the floor elevation of the basement, cellar and, if no basement or cellar, the floor of the first story equal to or in ex- cess of the "regulatory flood protection elevation". Where the elevation of existing streets or utilities make compliance with the foregoing regulations impractical and create a hardship, the Board may authorize other techniques for protection of residences. ( 12) Certificate of Zoning Compliance: Upon completion of any III work on projects pursuant to a Conditional Use Permit or variance granted pursuant to this Ordinance and prior to the use or occupancy of the land or obstruction permitted by the Conditional Use Permit or variance, a Certificate of Zoning Compliance shall be issued therefore by the City 70 Manager stating that the use of the land or obstruction 410 conforms to the requirements of this Ordinance. Prior to issuance of such Certificate, applicant, if requested by the City Manager, shall submit a certificate by a regis- tered professional engineer or land surveyor, as appro- priate, that the permitted obstructions, including, but not limited to, finished fill and building floor eleva- tions, floodproofing, or other flood protection measures, have been completed in compliance with the provisions of this Ordinance and in compliance with the information given to the City in connection with the application for the Conditional Use Permit or Variance. • SPECIAL PROVISIONS 427.42 SIGNS, ADVERTISING LIGHTS AND DEVICES. ( 1) All outdoor signs in existance and those proposed to be erected pursuant to this Ordinance in all zoning districts shall be governed by Section 409.00 of the 1973 Code of Ordinances of the City of Hopkins including any amendments which may be enacted; and all such signs shall further be governed by the provisions of the Hopkins Zoning Ordinance and such other ordinances and regulations as may be enacted. ( 2) Exceptions: This Ordinance shall not apply to any display • or directional signs, street signs or other signs which have been authorized by the City of Hopkins for erection in the public right-of-way, or to any on-site private in- structional signs which are so located and intended to aid persons who are on the private parcel of land providing 71 that any such instructional signs do not exceed an area • of four (4) square feet. ( 3) Yards: Signs shall conform to building yard regulations for the district in which they are located except as other- wise specified in this Ordinance. ( 4) Prohibited Signs: The following types of signs are pro- hibited within the City: (a) illuminated flashing, rotating or animated (b) signs painted, attached or in any other manner affixed to trees, rocks, or similar natural surfaces, or attached to public utility poles, bridges, towers, or similar public structures • (c) any sign, device, lamp or light which is so constructed, operated or used that illumination emanating therefrom is concentrated or beamed is hereby prohibited except that in Zoning Districts "B-3", "B-4", "I-1", and "I-2", searchlights for advertising purposes may be used from and upon private property for a period of not to exceed three (3) days in any one (1) thirty day period (d) signs which by reason of position, shape or color, would detract from or otherwise interfere with the proper func- tioning of a traffic control sign or signal (e) signs that resemble any official marker erected by a governmental agency or display such words as "stop" or "danger" except official traffic control signs, and ex- cept in planned developments served with private streets, traffic control signs may be used where approved by the City Engineer. 72 ( 5) Political signs may be located in yards, shall not exceed 4I0 four (4) square feet in area, shall be permitted for a period not to exceed thirty (30) days prior to the elec- tion and shall be removed within seven (7) days after said election. ( 6) Construction Sign: Is a temporary sign placed at the con- struction site identifying the project, name or architect, engineer, contractor, financier or other involved parties and may be located in any district, shall not exceed 50 square feet, shall not be erected more than 8 feet above grade, may be in the required yard space, shall not be erected prior to the issuance of the building permit and shall not remain after issuance of the Certificate of Occupancy ( 7) Banners and Similar Temporary Signs: Banners, pennants and temporary directional signs may be used for grand- openings, special events and holidays when located on the site to which attention is directed for a period not to exceed 30 days upon approval of the Zoning Administrator. Frequency for any single use shall not exceed twice in one year. ( 8) The area within the frame shall be used to calculate the 1111 square footage except that the width of a frame exceeding twelve (12) inches shall constitute advertising space, or should such letters or graphics be mounted directly on a wall or fascia or in such a way as to be without a frame the dimensions for calculating the square footage shall be the area extending six (6) inches beyond the periphery 73 formed around such letters or graphics in a plane figure 410 bounded by straight lines connecting the outermost points thereof, and each surface utilized to display a message or to attract attention shall be measured as a separate sign, and symbols, flags, pictures, wording, figures or other forms of graphics poainted on or attached to windows, walls, awnings, free standing structures, suspended by balloons, or kites or on persons, animals, or vehicles shall be considered as a sign to be included in calcula- ting the overall square footage ( 9) Canopies, Marquees and Permanent Awnings: Canopies, mar- quees and permanent awnings shall be considered an inte- IIIgral part of the structure to which they are attached. Should they project into the required yard or public right- of-way, a Conditional Use Permit is required provided: (a) no awning, canopy or marquee shall project into the public right-of-way nearer than 30 inches to the street curb or curb line (b) awnings, canopies or marquees shall have no part of the structure other than supports nearer the ground surface than seven (7) feet (c) the architectural style of the awning, canopy or marquee shall be consistant with the building being 0 served (d) awnings, canopy or marquees projecting into the re- quired yards shall not be enclosed except with a trans- parent material permitting through vision (e) all awnings, canopies or marquees built over the public right-of-way shall be included in a liability insurance 74 policy holding the City free of all responsibility ( 10) Real Estate Signs: For the purpose of selling or leasing property, a sign or signs not in excess of twenty-five (25) square feet of sign may be placed within the front yard of such property to be sold or leased. Such sign or signs shall not be less than fifteen (15) feet from the front lot line unless flat against the structure. Failure to remove said sign within ten days of sale or lease of property and to maintain said sign shall be con- sidered a violation of this Ordinance. ( 11) For the purpose of initial sale or promotion of a new housing complex containing 12 or more dwelling units, a • sign not exceeding 100 square feet in area may be erected and maintained on the apartment site and such permit may include locations for erecting 4 off-site directional signs not in excess of 32 square feet. No directional signs shall be erected nearer than 150 feet from the nearest house, and all such signs shall be removed whenever: (a) 75% of such housing units are sold or leased, or (b) directional signs within one year from date of first occupancy permit and promotional on site sign within two years, whichever is sooner (c) all signs shall be considered temporary ( 12) Illumination: External illumination for signs in all dis- tricts shall be so constructed and maintained that the source of light is not visible from the public right-of-way or residential property. ( 13) A permanent name or identity sign on the site of any in- 75 stitution or housing complex may be erected and if an apart- • ment complex it may include descriptive words or price. Said advertising space shall not exceed 64 square feet per side and no sign shall have more than two sides. ( 14) Sign Height: The top of any such sign, including its super- structure, if any, shall be no higher than six (6) feet above the roof of the building to which such sign may be attached or thirty-five (35) feet above ground level, whichever height is less; except that the height of any name plate sign which is attached to or an integral part of a functional struc- ture, such as a water tower, smoke stack, radio or TV trans- mitting tower, beacon or similar structure shall be no higher • than such structure. Signs, including any superstructure standing or erected free of any building or other structure, shall not exceed an overall height of thirty-five (35) feet from ground level and shall be located on land in an area which is landscaped or if such land is part of an approved parking area, it shall be surfaced or paved as required in Section 427.44. ( 15) Non-Conforming Signs: Signs or billboards existing on August 1, 1972, which do not conform to the provisions of Section 269.06, Subdivision 7, as amended, or do not con- form with any other provision of this Ordinance applicable 411 thereto are hereby declared to be and constitute a non- conforming use and structure and the maintenance of any such non-conforming use or structure shall cease and be removed on or before July 31, 1975. ( 16) Sign Permit: No signs permitted by this Ordinance shall be erected or maintained without the existence of a valid 76 permit issued therefor by the City of Hopkins pursuant to 110 Ordinance No. 409.00 of the 1973 Code of Ordinances of the City of Hopkins except those signs which are to be in existance for 30 days or less. • 110 77 u) z O H H (0 (tl U) 4J a) U) 0 •r-1 a +) (0 4 a 4 -P -u 0 >~ -4J 4J a) a) 4J is LH a) 114 (I) a) a) - o a) o a) 4-i 4-I U) 4-1 44 0 a) O 4 a) a) -r-1 rd > •r•1 a) 0 c4 -1 r4 ui fil 03 0-1 01 a tr' in in rd E (•1 r0 u) E N 0 >~ a) >~ g 0 O N H 10 -H L),-,� U) l0 H aG Z a) 0 H (I) 0 0 (0 4 CO ro � � a)LH w74-1 Ell 0 0 U 1 z m �I 0 ami � �, a)a) a) a -P 4-1 0 oa a 0 w w 4) 0 o 4) O -P aJ O 4-1 (h a) aJ 4-)4=4 0 ai a w° a) s~ 40-4 a) ami 401 1+4 4a RI a) 0 4 a) w 4a) r•C a) a) 4-) a) z (0 (0 0 0 0 (0 0 RI Z 0 0m a) 4J rd w U 1 di01 0 H 04 X U) U) N RS.,Y'' �I a) O U) ) N N O O 111 N H H F 41 CP H H d' A 41 EI F4 H a) a) a) a) a) 0 a) • Z >4 >( >1 >4 >4 z >( a a H >-1 E1 H H H H H d' El z KC A 01 rt• (n0 a) 40-( rd a) rd +.) 4J I- � H rd ul 0 N 1~ P-1 (d g N (tS I (0 a) 4 a) H cd >1 H (0 0 H 04 u) 0 3 04 u) +) Z 04 4-) 04 01 H U) E rd H U) -,i (-) a) m b) 4a d a) H +1 - (0 b u) H a) a) a) 0 0 a) 0 rd 1 rti 1 a) U) •r-1 a) a) U) u) E (d •I-( E E -H E U) a) 0 -r-I (d › H H N s~ al rtf rd >Y (d +) 4J 4J L01 0 ni a) U W 0 CO 0 0 0 H 0 - rd rti •r-I N E 3 +) +) +) U) H 0 •. 01 -H -,-1 O U) ).4 0 0 a) (d (I) 0 1x rd tT dJ rd 0 d 4J rd (l) b' (1-4 H 4a a) (U a) tP E1 W a) 0 O rtS v 0 A 0 a) 0 a) 0 0 -r-1 co LL O •r-1 0 al O H a) 0 aJ -IJ H a) a) a) 4-1 >M 0 rtt in H >•1 cU 4-( O 0 (0 aJ 4-1 (d (1) (d C lfl +) aJ -11'Cf a) A E1 4-I it 0 4a (d 0 -r1 4-4 a-) -r•1 -IJ 0 •• -H •r-1 0 cd H 0 H $4 0 4a 0 f'-I O rd U) 0 •r-I 4-I u) u) U) aJ rd P+ (d a 0 O -.--1 O o •r-1 U) ) rd 4) S-1 -P0 +) I I a E 0 IU w U) '11 U) rd a) + - 0 0 0 0 -H a4) 4-1 O 04 O 0 H El 0 (n a) 0 U) 4J ) m 0 U) Ma) 44E < 00 4- 0 O E -H El El a) -,H u) E a) -H U) O (II a) H a-) 0 (1) 0 0 0 a) a) 0 4a -P Z H H a) 0 H a) a) 04 H O U) -H u) H O u) O 0 W0 4 A 0 •n 0 A a) 0 0 a1 Q 01 rts +) a) 0 .9 rd 0 )7) 7:10c) 0171 -1 () tP E gal 41-1 ,0 f 4 a) S 1 • H W O •-u) rd 4-10 -,-I rd 4 O 0 - 5-1r I 4 O •r I 'd a) a) -H U] a A m rd o A m (0 S2 o A m t1) 4.9r0 ; ; ; ;Cr) U) U) H U) H dJ a-1rtS aJ (0J 4 H >`I 0 U aJ -H 0 -H U •,-I O 0 a) -r•1 O O 4-1 Ri U U) W 0 - •H +) •r-1 +) •r1 4-) O O OW d O (0 -H Z I` U) 0 d' S-I 0 g (1) 4 U) 4 U) (7 H I +) a) 4-) 4-) N a) a0 Ul as U) a) 4 4-)H \ N a) P', (I) rd U) rd CO 0 3 4-I 4-1 -ri (1) •ri U) 0 U) U) El -I l0 -r•1 -r-I -H -H -H tT 0 '0 rd 0 -i 0 4-1 -H U 'd 0 - I A W (1 u) A -H rd H a) k 4-I a) Q N H 0 E ('-) I:4 I a) I a) I U) a) °P° 0 -r♦ a° Cl) (1) 0 U 4) I d' a rd I rX a a > In U) 04 N H 0 -H -H 4x N U H 0 a 11) H 0 a) H 0 a) H O E a) O E O 4-) H 0 1a) H N H I 0 I H O U) H O U) H 0 (1) • U • 0 • rts 4-1 a) •r-1 H d' A r4 Ls) •H P4 < 0 4 0 0 FC u) (0 rtS 0 A O O r0 0 L), u) FC H N M d' N l0 78 a) I a) U) 4-) I I al 0 4-) 3 4- ) O cd 44.) 0 0 z 0 +) 4-4 4-) O cd 4.1 0 o $4 o a) U) O 4-1 rd o Q (.9 O g O 4 4-) O .4 O P (1) -r•1 a) g 4.1 01O -.--1 4-I cd �d .Q H 1 O U) Q CS 4-) P S•1 0 r-1 4 i -1 H 3 m 4-1 it -P a) P 0 o 0 >1 'S 4-1 1d P A 01 N -H >1 a) N P 4-I HI $4 -H cd •r-1 0 O d o a) 4-) cd i~ S4 a b, o a 4-1 +) 3 3 — o a in - -1-13 -r-1 m 0 a a) 01•H E •I-) +) 1 a) 0"I4 0 1 0 •r•1 co FC a 0 4 U) - $4 0 4a a) Qa 0 A cd 4a +) +) A 4-1 a) bi -,-1 P a) a) .Q O P •r•1 O O rd O cd o U) rd 4 W +) rd o O 3 4J Q4 cd I O .) rd tr) -H O 1 O a) O O a) H •H O O 4/-1 E a) H a) s~ 3 41 TI E H N •r•1 a) •r1 HI 4) PH 4) 4-) 4 a) •r•1 01-H cd $4 [ co •H U) 0 FC 4-1 0 A a) P O O 0) S•1 4a 0 ct +) 3 0 a) it 01 $4 4, $4 •,i 4 0 a) cd P O r•-1 •r-1 O A 1) I -H $-1 -HO O O D a) a W >~ a) 4a a) 0 0 4-4 al P 4-) .0 •r•1 FC P 4H 4 4a 4-) }-1 4a O A O a) o a) 4-) 4-1 rd i-i 0 ° cd Of 4 o P ° •H ON g ° 4-1-1 0 U) rcf-H •°-1 N O rd g FC b•' 4-) be 4J o cd 4-) H 4-1 01 4) 4 E. co H 4-1 U) H U) O a; rd 0 O ,Q U) O 4) 4-) 0 a) ck° a) O O •H it •H 0 01 O 0 o O N O •H $4 0 4a O O 014.1 El N 4-1 3 3 O U) 4-4 Qa to co 4-4 v r1 .4 0 o O Qa In In aS O z 0 O N u) O H +) }a U) r-1 a) a) H ,I rd 4-) W cd O cd C0 0 0 cd P H �a •Hbn � a) CO O U) a) a) a) 0 +) N 4.1 C*a •r•1 4.) 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( 2) Should a building, structure or use in existence upon the effective date of this Ordinance be damaged or destroyed by fire or other cause, it may be re-established according to Section 427.06 (5) , but in so doing the number of off- street parking or loading spaces which existed must be re- tained and should plans be proposed for enlarging the floor area, seating capacity or other facilities which would af- fect the parking or loading requirements, the parking or loading spaces shall be enlarged accordingly. ( 3) Except in Zoning District "B-2" the owner or occupant of all parcels and lots shall provide off-street parking areas as set forth in this Ordinance. ( 4) Yards - Parking areas shall be subject to front yard set- back requirements in accordance with the District in which such parking areas are located. ( 5) Floor Area - The term "floor area" for the purpose of cal- culating the number of off-street parking spaces required shall be all of the floor area of the various floors of a structure measured to the centers of all partitions, ex- cept those areas used for dead storage, building mainten- ance, office of building management, toilets or rest rooms, window show cases, dressing rooms, employees' cafe, con- ference rooms, or for building utilities. Functional uses within a building shall be divided by square feet for de- 82 termining parking requirements upon filing of a varified floor plan. ( 6) Benches in Places of Public Assembly - In stadiums, sport arena, churches, and other places of assembly in which patrons or spectators occupy benches, pews, or other simi- lar seating facilities, each twenty-two (22) inches of such seating facilities shall be counted as one (1) seat for the purpose of determining requirements for off-street parking facilities under this Ordinance. ( 7) Parking Spaces - Each parking space shall be unobstructed and not less than nine (9) feet wide and twenty (20) feet in length per car and have an adequate system of access. ( 8) Use of Residential Parking Facilities - may be used for • the parking of automobiles and one truck not to exceed a 9000 pound rated capacity. ( 9) Joint Parking Facilities - in all districts except "R-1" and "R-2" required off-street parking facilities may be combined and provided in one area provided that such facil- ities shall not thereby be dimished and said parking space is not greater than 350 feet from the entrance of the build- ing being served. ( 10) Buildings or structures for which a building permit has been issued prior to the effective date of this Ordinance 411 but for which work has not been completed shall be exempt from the hereinafter stated parking requirements if the structure or building is completed within six (6) months after the effective date of this Ordinance. 83 427.44 DESIGN AND MAINTENANCE OF OFF-STREET PARKING AREAS ( 1) Drainage - Driveways shall not exceed a grade of 4% and 4IP all parking lots except those for less than four (4) ve- hicles shall be graded according to a drainage plan which has been approved by the City Engineer. Catch basins, sumps and underground storm sewers may be required and all such lots and driveways shall be surfaced with a material to control dust and drainage. ( 2) Lighting - Any lighting used to illuminate an off-street parking area shall be shaded or diffused so as to re- flect the light away from the adjoining property and away from abutting traffic. ( 3) All off-street parking areas shall be so designed and • constructed that no vehicle parked therein shall be less than one (1) foot from the lot line nor less than two (2) feet from the principal building. ( 4) Fences in Certain Parking Areas - When a required off- street parking area for six (6) cars or more is located adjacent to any "R" Disrict, there shall be constructed and maintained a wall of suitable material of not less than three and one-half (31) feet nor more than six (6) feet in height to capture the vehicle light beams and muffle the vehicle noise. • ( 5) All off-street parking areas for more than six (6) ve- hicles shall be surfaced with asphaltic or portland concrete and each parking stall shall be kept clearly marked on the surface. ( 6) All required yards shall be landscaped. 84 427.45 REQUIRED OFF-STREET PARKING: 110 The following minimum parking areas shall be provided and maintained by ownership, easement, or lease, for and during the life of the respective uses herein- after set forth. ( 1) One and Two Family Dwellings - At least one (1) parking space for each dwelling unit of 1200 square feet or less and two (2) parking spaces for each dwelling unit over 1200 square feet, plus one (1) additional parking space for each two (2) roomers accommodated. A garage will fulfill this requirement. However, a building permit shall not be granted to convert a garage to living space . unless other acceptable provisions are made to provide the required parking space. ( 2) Boarding and Rooming Houses - At least two (2) parking spaces for each three (3) persons for which accommodations are provided for sleeping. ( 3) Multiple Dwelling - At least two (2) parking spaces in the "R-3",one and five tenths (1.5) in the "R-4", and one and two-tenths (1.2) in the "R-5" Districts. ( 4) Home for the Elderly - One-half (1) space per dwelling facility based on design capacity. ( 5) Hotel or Apartment Hotel - At least one (1) parking space • for each rental unit provided in the design of the build- ing. ( 6) Motel, Tourist Home, Motor Hotel - At least one (1) space for each dwelling unit or lodging room, plus one (1) additional space for each eight units. 85 ( 7) School, Nursery, Elementary and Junior High - At least • one (1) parking space for each classroom based on design capacity plus one (1) additional space for each 100 student capacity. ( 8) School, High School through College - At least one (1) parking space for each seven (7) students based on de- sign capacity, plus one (1) additional space for each two (2) classrooms. ( 9) Church, Clubs - At least one (1) parking space for each three and one-half (31) seats based on the design capa- city of the main assembly hall. ( 10) Theatre, Ballfield, Stadium - At least one (1) parking • space for each five (5) seats of design capacity. ( 11) Hospital - At least one and one-half (11) parking spaces for each patient bed. ( 12) Sanitarium, Convalescent Home, Rest Home, Nursing Home or Institution - At least one (1) parking space for each six (6) beds for which accommodations are offered, plus one (1) additional parking space for each fifteen (15) beds. ( 13) Medical or Dental Clinic - At least three (3) parking spaces for each staff doctor or dentist or one (1) space for each one hundred and fifty (150) square feet of gross floor area, whichever is greater. . ( 14) Quick-order Food Business - At least one (1) parking space for each fifteen (15) square feet of floor area. ( 15) Drive-in Business - Five (5) parking spaces for the first service window plus two (2) for each additional service window. 86 ( 16) Bowling Alley - At least five (5) parking spaces for each alley, plus additional spaces as may be required herein for related uses such as a restaurant. ( 17) Motor Fuel Station - At least four (4) off-street parking spaces plus two (2) off-street parking spaces for each service stall. ( 18) Retail Store or Service Shop - At least one (1) off-street parking space for each two hundred (200) square feet of floor area. ( 19) Restaurants, Cafes, Bars, Taverns, Night Clubs - At least one (1) space for each three (3) seats based on capacity design or where there is no design layout, one (1) space • for each thirty-five (35) square feet of gross floor area. ( 20) Banks, Offices and/or Public Office Buildings - At least one (1) parking space for each two hundred and fifty (250) square feet of gross floor area. ( 21) Undertaking Establishments - One (1) parking space for each five (5) seats or thirty-five (35) square feet of seating area where there are no fixed seats, plus one (1) parking space for each 250 square feet of floor area not used for seating. ( 22) Furniture Store, Appliance Store, Wholesale and Warehous- ing up to 6000 square feet of floor area - At least one (1) parking space for each 400 square feet of floor area; over 6000 square feet at least one (1) parking space for each 600 square feet of floor area except warehousing. ( 23) Open Sales Lots, Lumber Yards, Auto Sales, Auto Leasing - One (1) parking space for each two thousand (2000) square 87 feet of land up to the first eight thousand (8000) square 410 feet plus one (1) parking space for each four thousand (4000) square feet of land up to a parcel of 24,000 square feet, plus one (1) parking space for each six thousand (6000) square feet thereafter. ( 24) Auto Repair, Boat and Marine Sales, Garden Store, Carpenter Shop - Four (4) parking spaces plus one (1) for each eight hundred (800) square feet of floor area over the first 1,000 square feet. ( 25) Skating, Dance Hall, Miniature Golf, Private Clubs, Ice Arena - Ten (10) parking spaces plus one (1) additional space for each two hundred (200) square feet of floor • area devoted to the principal use. ( 26) Manufacturing, Fabricating or Processing of a Product or Material - Four (4) off-street parking spaces plus one (1) for each three hundred (300) square feet of floor area. ( 27) Warehouse, Storage, Handling of Bulk Goods in Structures over 6000 square feet - At least one (1) space for each two thousand (2000) square feet of gross floor area. 427.46 OFF-STREET LOADING AND UNLOADING AREAS ( 1) Location - All required front yard or parking areas shall be off-street and shall be located on the same lot as the 4111 building or use to be served. A loading berth shall not be located less than 25 feet from the intersection of two (2) street rights-of-way; nor less than fifty (50) feet from a residential district unless within a building. Loading berths shall not occupy the required front yard set-back space. 88 e-• ( 2) Size - Unless otherwise specified in this Ordinance, a re- 410 quired loading berth shall be not less than ten (10) feet in width, twenty-five (25) feet in length and fourteen (14) feet in height, exclusive of aisle and maneuvering space. ( 3) Access - Each required loading berth shall include a man- euvering area located on private property so designed as to be easily accessible to a driveway leading to a public right-of-way. ( 4) Surfacing - All loading berths and accessways shall be improved with a durable material to control the dust and drainage according to a plan approved by the City Engineer. • ( 5) Accessory Use - Any space allocated as a loading berth or access drive so as to comply with the terms of this Ordin- ance shall not be used for the storage of goods, inoperable vehicles or be included as a part of the space requirements necessary to meet the off-street parking area. 427.47 REQUIRED LOADING BERTHS. ( 1) Non-Residential Uses Having 5000 Square Feet of Floor Area or More Not Included as Part of (2) or (3) Below - Four thousand (4000) to twenty thousand (20,000) square feet floor area, one loading berth; for each additional ten thousand (10,000) square feet of floor area or fraction 410 thereof above one-fourth (4) , one (1) additional loading berth. ( 2) Retail Sales, Office, Public Administration Buildings, Hospitals, Schools, Hotels and Similar Uses - For such a building having five thousand (5000) to ten thousand 89 (10,000) square feet of floor area, one (1) off-street • loading berth. ( 3) Manufacturing, Fabrication, Warehousing, Storing, Servi- cing, and Similar Establishments - For such a building having five thousand (5000) to thirty thousand (30,000) square feet of floor area, one (1) loading berth fifty (50) feet in length. ( 4) Manufacturing, Fabrication, Processing and Warehousing - For buildings having over 30,000 square feet, loading facilities shall be provided at the ratio of one loading berth fifty (50) feet in length for each 50,000 additional square feet plus one loading berth twenty-five (25) feet 4110 in length for each one hundred thousand (100,000) square feet. 427.48 PERFORMANCE STANDARDS. ( 1) Noise - Any use established, enlarged or remodeled after the effective date of this Ordinance shall be so operated as to control the emission of noise within the following maximum standards. Any unwanted sound not occuring in the natural environment. Decibel - is a unit of sound pressure level, dB. L10 - is the noise level, expressed in cB(A) , which is exceeded 10% of the time for a one hour survey. The survey • hour must be the noisiest hour during a representative day- time or nighttime. L50 - is the noise level expressed in dB(A) which is ex- ceeded fifty percent of the time for a one hour survey. The survey hour must be the noisiest hour during a 90 representative daytime or nighttime. Daytime hours are those from 6:00 A.M. to 9:00 P.M. • Nighttime hours are those from 9:00 P.M. to 6:00 A.M. Impulsive Noise either a single sound pressure peak (with either a rise time less than 200 millisconds or total duration less than 200 mulliseconds) or multiple sound pressure peaks spaced at least by 200 millisecond pauses. NOISE STANDARDS Districts Daytime Nighttime L50 L10 L50 L10 Residential 60 65 60 55 Business 65 70 65 70 Industrial 75 80 75 80 ( 2) Smoke and Particulate Matter - Any use established, en- larged or remodeled after the effective date of this Ordinance shall be so operated as to control the emission of smoke or particulate matter to the degree that it is not detrimental to or shall endanger the public health, safety, comfort or general welfare of the public. For purpose of grading the density of smoke the Ringelmann Chart published and used by the United States Bureau of Mines shall be employed. The emission of smoke shall not be of a density greater than No. 2 on the Ringelmann Chart. ( 3) Toxic or Noxious Matter - Any use established shall be so operated as to not permit the discharge onto the soil but shall be removed from the site according to a plan approved by the City. ( 4) Odors - Any use established, enlarged, or remodeled shall be so operated as to prevent the emission of odorous matter of such quantity as to be readily detectable at any point 91 beyond the lot line of the site on which such use is lo- cated. 410 ( 5) Vibration - Any use creating periodic earth-shaking vi- brations, such as may be created from a drop forge shall be prohibited if such vibrations are perceptible beyond the lot line of the site on which the use is located. The standard shall not apply to vibrations created during the process of construction. ( 6) Glare or Heat - Any use requiring an operation producing an intense heat or direct light transmission shall be per- formed with the necessary shielding to prevent such heat or direct light from being detectable at the lot line of the site on which the use is located. 411 ( 7) Explosives - Any use requiring the storage, utilization, or manufacturing of products which could decompose by detonation shall be located not less than four hundred (400) feet from the "R" District line. ( 8) Screening - Any use abutting an "R" District or a public street shall effectively screen any open storage from eye level vision by providing and maintaining a wall, fence or thirty (30) foot wide planting strip to screen and reduce the noise, dust and vision between the two uses. Such wall or fence shall be six (6) feet in height and at least fifty (50) percent closed. ( 9) Waste Material - Waste material resulting from or used in Industrial or Commercial manufacturing, fabricating, servicing, processing or trimming shall not be washed into the public storm sewer system nor the sanitary sewer system, but shall be disposed of in a manner approved by 92 the City Engineer. The Engineer may establish appropriate • regulations and standards therefor. 427.49 ADDITIONAL REQUIREMENTS, EXCEPTIONS AND MODIFICATIONS The requirements and standards specified heretofore in this Ordinance shall be subject to the following: ( 1) Height Limitations - Height limitations as set forth in all districts elsewhere in this Ordinance may be increased with- out Special Permit by fifty percent (50%) when applied to the following: (a) antenna - radio and TV (b) belfries (c) church spires and steeples • (d) cooling towers (e) elevator penthouse (f) flag poles (g) smoke stacks (h) water towers Heights in excess thereof for such purposes may be per- mitted only by a Conditional Use Permit granted by Reso- lution of the Council determining that such structure would not be dangerous and would not unreasonably af- fect the adjoining or adjacent property. ( 2) Front Yard Variance - In any "R" District, wherever a platted iblock or otherwise subdivided area has dwellings located on fifty (50) percent or more of the parcels located between two (2) streets, the front yard set-back line may be reduced below the minimum which would be therein required, but shall in no case be less than either the average front set-back 93 lines already established by the dwellings located in such block or area or fifteen (15) feet whichever is greater. ( 3) Frontage - No residence shall hereafter be erected upon any lot unless such lot abuts upon a street for at least twenty (20) feet unless located within an approved P.U.D. or C.U.P. ( 4) Uses not specifically included in this Ordinance may be established by amendment thereto after petition therefore by any interested person or the Commission after public hearing thereon provided such use conforms to the Com- prehensive Development Plan of the area and to the Metro Development Guide Plan ( 5) Farming Operations - All farms currently in existance are • permitted to continue operation subject to the following conditions: (a) agriculture, except commercial animal farms, fur farms, kennels and poultry farms, but including truck gardening and other horticultural uses is a permitted use in any district in which such existing operation is located (b) sale of products may be conducted on the premises from a roadside stand, which stand may be located within the front yard during harvest season only. ( 6) A request for a Variance, C.U.P. or Amendment which has been denied shall not be considered until a period of six • (6) months has elapsed unless the Commission finds that the conditions or other factors present at the time of denial have substantially changed. ( 7) Dwellings on lots in any district not served by public sewer and water shall not be permitted on any parcel or 94 lot having less than 15,000 square feet and a width of • 100 feet. ( 8) Additional height in the "R-4" and "R-5" District not in excess of 11 story or 110 feet, which ever is higher, may be permitted by approval of a Conditional Use Permit provided such structure is located 300 feet or more from any "R-1" District boundary line. 427.50 PLANNED UNIT DEVELOPMENT. The purpose of this section of the Zoning Ordinance is to provide a method where flexibility of site and architec- tural design may be applied by placing more than one building on a lot in accord with an approved, overall, 1110 integrated plan or by distributing the gross permitted density of a parcel in structures in accord with an ap- proved overall plan, which parcel was found to have an adverse physical condition. ( 1) The owner or owners of any tract of land except "R-1" Districts, may submit to the City Council for approval a plan for the development of such tract for any use permitted within the zoning district in which such tract is located by making an application for a Conditional Use Permit authorizing completion of the development in accordance with the approved plan. The plan for develop- ment shall conform to the requirements of the Use District within which it is located except as herein amended. (a) the tract of land for which a development is proposed and a permit requested shall not have less than 75 feet of frontage on a public street 95 (b) the proposed development shall be served by the City • water and sewer system, fire hydrants and fire lanes shall be installed according to a plan approved by the Fire Chief as to type and location (c) no principle building shall be nearer than its height to the side and rear property line when such line abuts on an "R-1" or "R-2" District (d) no building within the development shall be nearer to another building than one-half (1) the sum of the heights of the two buildings (e) private roadways within the projects shall have an improved surface of twenty-two (22) feet or more in • width and shall be so designed and constructed as to permit the City fire trucks to provide protection to each building. All roadways which are dead end shall be provided with turn around facilities. Park- ing on a 20 foot roadway is to be prohibited, parking on one side of a 24 foot roadway is permitted and parking on both sides of a 30 foot wide roadway is permitted (f) the surface drainage system shall be constructed ac- cording to a plan approved by the City Engineer (g) the entire site other than that occupied by structures 011 and hard surface shall be landscaped according to an approved plan. (h) off-street parking for guest and public shall have the spaces painted on the surface (i) the storage and handling of trash containers shall be 96 provided according to an approved plan 410 (j) provision for loading docks and loading doors shall not face the public street (k) more than one building may be located on a single tract of land or on an individual lot surrounded by a parcel of common land when the owner of the occupied lot is part owner of the common parcel (1) should interior lots be platted with common open space, the by-laws, covenents and incorporation documents shall be submitted for review. The open space shall be owned by members of the association and it shall be mandatory that each lot owner be a member of the association • ( 2) The approved plan shall be the document for issuing building permits and administrating completion of development accord- ing to terms of the Conditional Use Permit. ( 3) The owner or owners of any tract of land in the "R" District which has been found to have adverse physical conditions such as topography, highwater table, unstable sub-soil, heavy tree cover or rock sub-base may submit to the City Council for approval a plan of development for any use permitted within the zoning district within which the tract is located by making an application for a Conditional Use c-• Permit authorizing completion of the development in ac- III cordance with the approved plan. The plan may utilize the gross density of the site by setting aside unbuildable area and designating certain other lots to accomodate the dwelling units in structures containing more than one dwelling. The plan for develop- 97 ment shall conform to the requirements of the Use District within which it is located, except as herein amended • (a) lots may be reduced in width and area by 25% (b) the height of buildings may be increased one story in the "R-1" and "R-2" Disricts, two stories in the "R-3", "R-4", "R-5" and "R-6" Districts (c) provisions shall be made for care and maintenance of the land set aside as unbuildable (d) all of the provisions as listed (a) through (1) in subdivision (1) of this section shall apply ( 4) Any tract or parcel of land in the "R-4" Disrict which also bears the additional designation or label of PUD, • may be developed to add and include uses permitted in "R-5" and "B-1" Districts, but only pursuant to a PUD plan as defined in Section 269.04 (85) which plan is first ap- proved and agreed upon in writing between the owner and the City Council, such plan and agreement to include a date of commencement and of completion. Such agreement shall also contain a condition to the effect that failure or refusal to develop the area as in such plan set forth within the time specified therein may be deemed as an abandonment thereof and the PUD designation for such location shall be suspended and any structure already 011 constructed on any part of such area which is not per- mitted in an "R-4" District shall be a non-conforming use subject to all provisions and regulations applicable to non-conforming uses hereunder. The Council may by resolution adopt additional regulations and conditions hereto upon recommendation of the Zoning and Planning 98 Commission or by agreement with applicant 1111 427.51 OFFICIAL ZONING MAP The boundaries of all of the districts defined in and created by this Ordinance are hereby established and desig- nated on that certain map entitled "HOPKINS OFFICIAL ZONING MAP" which map includes therewith or therein drawings of the Hopkins flood plains areas and other pertinent infor- mation as overlays or adjuncts thereof. Three copies of said Hopkins Official Zoning Map including all of the over- lays and materials above mentioned and including all of the notations, references and other information shown thereon are on file for public inspection in the office • of the Hopkins City Clerk, and said Hopkins Official Zoning Map as herein defined is hereby approved, passed and adopted and made a part of this Ordinance by refer- ence with the same force and effect as if such map, dia- grams, materials and information were fully set forth in this Ordinance and published verbatim. 427.52 ZONING AND PLANNING COMMISSION. A Zoning and Planning Commission is hereby established and vested with such administrative authority as is herein provided. The Commission shall consist of six (6) persons who have been a resident of the City of Hopkins for one . year or more on the date of his or her appointment, and also the City Manager and City Engineer as ex-officio members and one member of the City Council. Each member except the City Manager and City Engineer shall have the right to vote on all matters before the Commission. One- 99 half of the citizen members of the Zoning and Planning Commission shall be appointed on July 1st of each odd numbered year and the other one-half thereof shall be appointed on July 1st of each even numbered year ex- cept that in the year 1975, one-half of the members shall be appointed for a two year term. The term of the Council member shall be for a term of one year and such Council member may be eligible for a consecutive reappointment. The Commission shall serve withou com- pensation other than such compensation as its members may receive for other services performed for the City. The appointments shall be made by the Mayor with the approval of the Council and any member of said Commis- 411 sion may be removed by a majority vote of the Council for misconduct or neglect of duties. The Secretary of the Council shall act as Secretary of the Commission and the City Attorney shall act as legal counsel for the Commission. 427.53 FEES. Fees to be charged by the City under or pursuant to this Ordinance shall be as established by proper Fee Ordinance or Resolution passed by the City Council from time to time. 427.54 VIOLATIONS AND PENALTY. Any person who violates or refuses to comply with any of 111 the provisions of this Ordinance shall upon conviction thereof be subject to a fine of not less than Five Dollars ($5.00) nor more than One Hundred Dollars ($100.00) for every offense or to imprisonment not exceeding ninety (90) days. Each day that a violation is permitted to exist 100 shall constitute a separate offense. 410 First read at a regular meeting of the Council of the City of Hopkins on the 18th day of January, 1977, and fi7lly read, approved, and adopted and ordered published at a regular mee ing of the Council of said City on the 1st day of February, 1977. 41,11 4111,7 10( 'RE MIL ER Mayor H. E. RICHARDSON City Clerk JOSEPH C. VESELY 411 City Attorney Published in the HOPKINS SUN, February 16, 1977. 1111 101 0 IIICITY OF HOPKINS Hennepin County, Minnesota ORDINANCE NO. 77-426 AN ORDINANCE AMENDING SECTION 720:00 and SECTION 720:05 OF THE 1970 ORDINANCE CODE OF THE CITY OF HOPKING PERTAINING TO UNATTENDED MOTOR VEHICLES. BE IT ORDAINED BY THE City Council of the City of Hopkins as follows: That Section 720:00 and Section 720:05 of the 1970 Ordinance Code of the City of Hopkins is hereby repealed and there if hereby enacted in lieu and in place thereof the following: SECTION 720:00. UNATTENDED MOTOR VEHICLES. No person shall leave a motor vehicle unattended anywhere within the City of Hopkins without first stopping the engine, locking the ignition and removing all keys therefrom; provided that any violation of these provisions shall not be used to affect a recovery in any civil action for theft or unlawful possession of such motor vehicle, or any insurances thereon or be cited or in any way considered to have any other bearing in any civil action involving such vehicle. 110 This provision shall not be construed to prohibit the operator of any unattended motor vehicle from leaving such keys therein if the operation of the engine is necessitated or occasioned by weather or other similar conditions or emergencies and if all vehicle doors and windows are locked. Any violation of this section is a petty misdemeanor as defined in Hopkins Ordinance No. 357. SECTION 720:05. POLICE DUTIES. Whenever any police officer of the City of Hopkins shall find any such motor vehicle standing in violation of the foregoing provisions, such officer shall tag such vehicle for said violation and shall remove all of the keys therefrom left therein and deliver them to the Hopkins police station. Prior to leaving such vehicle, the officer shall note upon the violation tag the disposition of said vehicle's keys. The officer in charge of the police station may return the key to the owner of driver of such vehicle upon proper proof of identity and a signed receipt for such keys. First read at a regular meeting of the Council of the City of illeHopkins held January 18, 1977, and finally read, approved . d adopted and ordered published at a regular meeting of said Council 9n F-.rua 1, 1977. JERRE A. MILL ! g/C,/ (,C eiel-e-- L, Ma, . H. E. RICHARDSON City Clerk JOSEPH C. VESELY City Attorney Published in the HOPKINS SUN, February 9, 1977. MINNETONKA I1OP I MINNE IT N HOPKINS •MINNETONKA RECREATION AND PARKS DEPARTMENT ? ADMINISTRATIVE OFFICES atilk 44' 1010 FIRST STREET SOUTH • HOPKINS, MINNESOTA 55343 O,ygyO itt.• PHONE: 935-1788 DATE: January 27, 1977 TO: Hopkins City Council THROUGH: Peter Cotton, City Manager FROM: Richard Wilson, Recreation and Parks Director SUBJECT: Downtown Park Site Selection At the January 25, 1977 regular monthly meeting of the Hopkins Park Board, site selection for a downtown park was discussed. City Planner Hawks, Planning Commission representative Jim Hance, and several members of the Community Development Committee were in attendance and participated in the discussion. The following resolution by the Park Board reflects, also, the unanimous recommendation of the Community Develop- ment Committee, Planning Commission and City Planner. "Be it resolved that the Hopkins Park Board is on record reaffirming their action for a Downtown Park. Further, that we favor the area, 11106 lots 10, 11, 12, 23, 24 and 25, block 5, all in West Minneapolis, in the H.R.A. area. Further be it resolved that the Park Board and staff work with Community Development on the planning and development of the park. At this meeting, the Park Board, Community Development Committee, Planning and Zoning Commission, and City Planner reached unanimity on the designated area". RESOLUTION BY THE PARK BOARD OF HOPKINS, MINNESOTA REAFFIRMING AND URGING ACTION FOR THE ACQUISITION AND CONSTRUCTION OF A DOWNTOWN HOPKINS PARK Be it resolved by the Park Board of the City of Hopkins and concurred in by the Community Development Commission and the Planning and Zoning Board, as well as the City Planner of the City of Hopkins, that the City of Hopkins acquire the following described premises situated in Hopkins, Hennepin County, Minnesota, viz: Lots 10, 11 and 12 and Lots 23, 24 and 25, Block 5, West Minneapolis and thereafter immediately construct a public park thereon for the use of the general public including the planting of trees, shrubs, grasses and the installa- tion of benches and all other suitable furniture and fixtures necessary or desirable for the enjoyment of such public facility. Passed and adopted at a regular meeting of the Hopkins Park Board, which meeting was attended by representatives of said Hopkins Community Development Commission, Planning and Zoning Board and the Hopkins City Planner at the Hopkins City Hall this 2,0th day of January, 1977. Jr ATTEST: Secretary *4 ' r 0