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78-445 CITY OF HOPKINS • HENNEPIN COUNTY ORDINANCE NO. 78- 445 • • AN ORDINANCE AMENDING HOPKINS ZONING ORDINANCE NO. 427 BE IT ORDAINED by the City Council of the City of Hopkins, as follows: That the Hopkins Zoning Ordinance No. 427 be and the same is hereby amended as follows: a) By striking and hereby repealing therefrom those Sections and parts thereof which are hereinafter thus so set forth and indicated. b) By amending those Sections of said Ordinance as hereinafter set forth and provided. SECTION 427.03 (2) . Is hereby stricken and there is enacted the following in place thereof: "The present tense includes the past and future." 427.04 (36) (a) . There is hereby enacted the following definition: "EQUAL DEGREE OF ENCROACHMENT: A method of determining the location of encroachment lines so that the hydraulic capacity of flood plain lands on each side of a 411 stream are reduced by an equal amount when calculating the increases in flood stages due to flood plain encroachment." 427.04 (43) . Change the last word of the sentence by striking "flood-Way therefrom and inserting "flood plain". 427.04 (53) . Home Occupations : Means any gainful enterprise, skill, or pro- fession, not including garage sales, conducted in any dwelling or accessory building by residents family thereof, provided no evidence of such activity is visible from the public street and no permanent revolving inventory of merchandise is maintained and no material, equipment, products, or other items related to such home occupation are stored or displayed outside. 427.04 (82) . Repeal said subsection and hereby .enact in place thereof the following: "OPEN SPACE RATIO: Is the amount of open space, after excluding required drives and parking areas in residential areas, which open space is required and based or calculated for each square foot of coverage by the principal building or buildings. 427.04 (88) . Replace the word "or" after the word "retail" with the word "of". 427.06 (2) . Changing the period to a comma and inserting thereafter the words "after such repair." • 427.07 (1) . Repeal all of said subsection and enact and adopt the following in place thereof: "A lot of record existing on the effective date of this Ordinance located in the R-2, R-3, R-4, R-5, or R-6 Districts which does not meet the minimum requirements set forth in this Ordinance as to area and dimensions for the District in which it is located, may be used for a single family detached dwelling provided that the width of such lot is not less than 40 feet and said lot contains at least 5,000 square feet in area. If such lot is in the R-1-A, R-1-B, R-1-C, or R-1-D Districts , it may be utilized for a single family detached dwelling provided the area and width of said lot is not less than two-third's of the minimum requirements for such use in the Dis- trict within such lot is located. 427.07 (6) . A platted lot located in Steven's Oakwood Park, Hennepin' County, Minn. may be subdivided into not more than four single family dwelling parcels provided each contains at least 54 feet of frontage on a public road and is at least 50 feet in width and has an area of at least 7,100 square feet. 427.08 (5) . Strike the last word "or" in said paragraph and insert the word "of" in its place. • 427.08 (6) . Insert the word "side" preceding the first appearance of the word "lot". 427.08 (7) . There is hereby enacted the following: "Detached accessory buildings when located 60 feet or less from the front lot line shall conform to the yard requirements of the principal building." 427.09 (2) (a) . Strike the word "exceed" and insert the word "project" in place thereof. • 427.12. Strike the verb "is" therefrom and insert the word "are" in place thereof. 427.27 (4) . Replace the mispelled word "construced" in the last sentence of said subparagraph with the word "construed". 427.30 (2) . Change the period to a comma and add the following: "and decision thereon made within 30 days from the date of such hearing." 427.31. Insert the words "See footnote (2)" after the words "side yard (ft)" in paragraph containing minimums required. Add footnote at end of said minimums required paragraph as follows: "The side yard for additions to any existing dwelling shall be the same or greater than the existing structure, except that ' no side yard shall be less than five feet." 427.32 (2) . Delete the last two words "per unit". 427.33. Delete the words "the suitability of' in the first sentence. 427.33, 427.36, and 427.39. Add the words "if not protected by nonconforming use rights" in the last sentence in each of said Sections following the words 'conditional use permit' . 427.33 (2) (b) . Strike the phrase which reads "outdoor recreational areas not owned or operated by the City of Hopkins, provided that:" and there is hereby enacted the following in place thereof: "outdoor recreation areas not designed . and owned as a part of a single family home or two family structure, or not owned or operated by the City of Hopkins, provided that:". • 427.33 (b) (5) . Strike the first sentence and enact and insert in lieu thereof the following: "All recreation facilities not a part of a PUD shall require a cost report .to show the number of families necessary to support such facility." 427.33 (2) (s) . Insert a comma after the word "curriculum" and strike the word "normally" following said comma. 427.35. Insert after the word "FAR" the words "floor area ratio". 427.36 (4) . Strike the words "for people" and insert a comma after the word "district". 427.36 (20) . Change Section number in sentence to read "Section 427.33 (2) (c) . • 427.36 (7) (d) . Is hereby repealed. 427.36 (28) . Banks and Savings and Loan institutions within the B-3 Business District, provided the land to be used for such purposes abuts or is separated only by a public right-of-way from the B-2 Business District. 427.39 (2) (p) . Being already regulated by State Regulations and Fire Code under the jurisdiction of the Fire Marshal, is hereby repealed. 427.41 (5) (f) . Computation of increases in flood heights caused by any encroachment shall be calculated upon the assumption that there is an equal degree of encroachment on each side of the stream thereby flooded. 427.41 (13) . No variance shall allow or permit a lessor degree of flood pro-, tection than the regulatory established flood protection elevation. 427.42 (13) . Repeal present paragraph and there is hereby enacted the following in place thereof: "A permanent name or identity sign on the side of any insti- tution or housing complex having more than 12 units may be erected, and in connection with an apartment complex, such sign may include descriptive words and price. Said advertising space shall not exceed 64 square feet per side AK and no sign shall have more than two sides. 1427.42 (17) (1) and (2) . The maximum total area of all signs in Use District R-1 and R-2 shall have four square feet, and in Use Districts R-3, R-4, R-5, and R-6 shall have 24 square feet. • 427.48 (1) . In the line or sentence beginning with "L10", strike the letter "c" and insert the letter "d" after the words "expressed in". 427.48 (2) . Strike the word "and" in the second sentence preceding the words "Ringelmann Chart" and insert in place thereof the word "the". First read at a regular meeting of the Council of the City of Hopkins held on April 18, 1978, and finally read, approved, adopted and ordered published at a regular meeting of said Council of said City on May 2, 1978. t ( 61 �/ RRE A. MILLER Mayor H.E. RICHARDSON, City Clerk • JOSEPH C. VESELY, City Attorney Published in the HOPKINS SUN, May 10 , 1978 I 0