2018-1131 An Interim Ordinance Regarding the Regulation of Automobile Repair and Automobile Sales and/or Lease Uses within a Portion of the City of Hopkins. CITY OF HOPKINS
COUNTY OF HENNEPIN
ORDINANCE 2018-1131
AN INTERIM ORDINANCE REGARDING THE REGULATION OF
AUTOMOBILE REPAIR AND AUTOMOBILE SALES AND/OR LEASE
USES WITHIN A PORTION OF THE CITY OF HOPKINS,
ADOPTED PURSUANT TO MINN. STAT. § 462.355, SUBDIVISION 4
THE COUNCIL OF THE CITY OF HOPKINS HEREBY ORDAINS AS FOLLOWS:
Section 1. Authority and Findings.
A. Minn. Stat. §462.355, subd. 4 provides that if a municipality is conducting studies or has
authorized a study to be conducted for the purpose of considering adoption or amendment
of a comprehensive plan or official control, the City Council may adopt an interim
ordinance for the purpose of protecting the planning process and the health, safety and
welfare of its citizens. An interim ordinance may regulate, restrict or prohibit any use,
development or subdivision within the City or a portion thereof for a period not to exceed
one year from its effective date.
B. In an ongoing effort to eliminate inconsistencies in the City's zoning regulations,
implement the City's Comprehensive Plan and 2018 Goals and Strategic Plan, and help
mitigate the impact of automobile-related uses on adjacent properties and surrounding
neighborhoods, the City has recently undertaken the process of reviewing and amending
its zoning controls as they relate to automobile sales and/or lease uses and automobile
repair uses. Although a study regarding said uses has been ongoing, that study needs to
continue. The City Council believes that regulation of these uses deserves careful
consideration in light of information from City staff,residents,and surrounding businesses.
C. The City Council believes that the study should continue and that additional discussion is
necessary in order to evaluate various regulatory options available to the City, including
maintaining current regulations, amending current regulations, and/or adopting additional
regulations.
D. The City Council believes that an interim ordinance is necessary and prudent in order to
complete the study and give the Council sufficient time to evaluate its options for
regulation, and to protect the planning process and the health, safety and welfare of the
citizens of Hopkins.
Section 2. Study. The City Council hereby authorizes the continuation of the study on the City's
regulation of auto-related uses, including, but not limited to, a review of the following:
A. Public health, safety, and welfare issues relating to auto-related uses with a specific
emphasis on the effect of these businesses on surrounding properties and neighborhood
vitality.
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B. Whether a continuation of the current regulations regarding auto-related uses within
Hopkins is appropriate or, whether it would be appropriate to make changes to the current
regulations as to specific zoning districts or geographic areas within the City and, if so,
which ones.
C. The experiences of other cities that regulate these industries in a manner similar to Hopkins,
or that have used different regulatory approaches.
D. The experience and preferences of City planning staff, residents, and local businesses
regarding these uses.
E. Any other potential amendments to the current regulatory scheme that may be appropriate
for the City's official controls.
Section 3. Moratorium. In accordance with the above findings and authority, the following
provisions shall apply to all properties within either a business district or an industrial district,
except for those properties abutting U.S. Highway 169:
A. Commercial automobile repair, regardless of the size or type, is no longer a permitted use.
No application for any permit or approval of any nature concerning automobile repair shall
be accepted by the City during the term of this interim ordinance. No additional review or
other work on any previously accepted applications concerning automobile repair shall be
conducted during the term of this interim ordinance. Previously received applications shall
be withdrawn by the applicant or the application shall be acted upon by the City in
accordance with this interim ordinance. This provision does not apply to automobile repair
uses that are in existence on the date this interim ordinance takes effect.
B. Commercial automobile sales and/or lease is no longer a permitted use. No application for
any permit or approval of any nature concerning automobile sales and/or lease shall be
accepted by the City during the term of this interim ordinance. No additional review or
other work on any previously accepted application concerning automobile sales and/or
lease shall be conducted during the term of this interim ordinance. Previously received
applications shall be withdrawn by the applicant or the application shall be acted upon by
the City in accordance with this interim ordinance. This provision does not apply to
automobile sales and/or lease uses that are in existence on the date this interim ordinance
takes effect.
Section 4. Enforcement. In addition to any criminal penalties authorized by law, the City may
enforce this interim ordinance by injunction or any other appropriate civil remedy in any court of
competent jurisdiction.
Section 5. Separability. Every section, subsection, provision or part of this interim ordinance is
declared separable from every other section, subsection, provision or part. If any section,
subsection, provision or part of this interim ordinance is adjudged to be invalid by a court of
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competent jurisdiction, such judgment shall not invalidate any other section, subsection,provision
or part.
Section 6. Effective Date; Duration. This interim ordinance shall take effect immediately after
its adoption and publication. It shall be effective for the following duration: (a) one year from the
effective date of this interim ordinance, or (b) the date upon which Hopkins reaffirms, amends, or
repeals its ordinances and official controls relating to automobile repair and automobile sales
and/or lease. Amendments to ordinances or official controls relating to one of these uses but not
the other shall not affect this interim ordinance with respect to the use that is unaffected by said
amendments.
First Reading: April 17, 2018
Second Reading: May 1, 2018
Publication Date: May 10, 2018
Date Ordinance Takes Effect: May 10, 2018
By: A Lig1 2
MollI Cummings, Mtyor
ATTEST:
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Amy Domeier, City Clerk
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