2004-933
CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO. 2004-933
AN INTERIM ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING
PROCESS AND THE HEALTH, SAFETY, AND WELFARE OF CITY RESIDENTS;
AND REGULATING MOTOR VEHICLE SALES AND/OR LEASE LOTS
THE CITY COUNCIL OF THE CITY OF HOPKINS HEREBY ORDAINS AS FOLLOWS:
Section 1. Back!!round and Findin!!s:
1.01 Previously, the City Council has adopted ordinances regulating the selling and leasing of
motor vehicle within the business districts of the City. The most recent amendment to the
Hopkins Zoning Code modifying such ordinances was adopted in 1996 (Ordinance No.
96-787). Since 1996, a number of motor vehicle sales and/or leasing businesses have
opened and are operating in Hopkins. The City Council desires information regarding the
effect that the operation of such motor vehicle sales and/or leasing lots have had and are
having on the areas in which they are located, including but not limited to the effects on n
automobile traffic near the lots, the effects on provision of city services to the properties
and other effects arising from the operation of the businesses.
1.02 The City Council finds that it is necessary and appropriate to prohibit the expansion of
existing motor vehicle sales and/or leasing lots and the establishment of motor vehicle
sales and/or leasing lots while the information is gathered regarding existing lots so as to
obtain an accurate depiction of the effects such existing lots are having in Hopkins.
1.03 The Hopkins administrative staff was. directed to prepare an interim ordinance placing a
moratorium on the establishment of motor vehicle sales and/or lease lot locations and the
expansion of existing motor vehicle sales and/or lease lot locations in B-3 zoning districts
within the City of Hopkins.
1.04 There is a need for a study to be conducted so the City Council can determine whether it
is necessary to amend the City's existing Ordinances, Regulations and Official Controls
or adopt new ordinances relating to the size, density, construction standards and location
of motor vehicle sales and/or lease lots in the B-3 zoning districts within the City of
Hopkins.
1.05 Minnesota Statues, Section 462.355, Subd. 4 allows the City of Hopkins to adopt this
Interim Ordinance to protect the planning process. The City Council finds that adoption
of this Interim Ordinance will protect the planning process and the health, safety and
welfare of it citizens while the study provided for in this Ordinance is being conducted.
Section 2. Planninl! Studv.
2.01 The City staff shall conduct the research and planning study. This study shall determine
if there should be amendments to the zoning ordinance regarding the size, density,
construction standards, location and other factors relevant to the existence of motor
vehicle sales and/or lease lots within the City.
2.02 Upon completion of the study, the study shall be submitted by staff to the City Council
for its review and consideration of any modifications to the existing Ordinances,
Regulations and Official Controls of the City.
Section 3. Moratorinm
A moratorium is hereby adopted on the establishment of motor vehicle sales and/or lease lots and
the expansion of existing motor vehicle sales and/or lease lots within the B-3 zoning districts in
the City of Hopkins for the purpose at protecting the planning process pending completion. The
Interim Ordinance and the moratorium imposed by this Interim Ordinance shall remain in effect
until the date that is one year after the effective date of this Interim Ordinance, or such earlier
date as may hereafter be established by an Ordinance duly adopted by the City Council.
Section 4. Enforcement.
The City may enforce the provision of this Interim Ordinance or enjoin any violation thereof by
mandamus, prohibitive or mandatory injunction or any other appropriate legal or equitable
remedy, including, but not limited to, remedies and enforcement procedures provided in the
statutes of the State of Minnesota or Ordinances of the City of Hopkins, in any Court of
competent jurisdiction.
Section 5. Severability.
Every section, provision or part of this Interim Ordinance is declared severable from every other
section, provision or part, and if any portion of this Interim Ordinance is held invalid
unenforceable by a Court of competent jurisdiction, it shall not invalidate any other section,
provision or part if this Interim Ordinance.
Section 6. Effective Date.
This Interim Ordinance shall be effective upon its publication.
First Reading:
Second Reading:
Date of Publication:
Date Ordinance Takes Effect:
APPROVED AS TO FORM AND LEGALITY:
September 21,2004
October 5, 2004
October 14, 2004
October 14,2004
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