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1998-809ORDINANCE NO. 98-809 An Ordinance relating to driveways and maintenance of walks and vegetation; amending Section 810 and Section 820 of Chapter VIII of the Hopkins City Code as follows. THE CITY COUNCIL OF THE CITY OF HOPKINS DOES ORDAIN: Section 1. The Hopkins City Code, Section 810.07 is hereby amended by substituting the following paragraph to read as follows: 810.07. Subd. 2. Driveway Restrictions. Only one driveway in the front yard of residential property shall be allowed except as follows: a) a horseshoe or loop driveway of no more than two curb cuts in the front yard of such residential property shall be permitted where the owner demonstrates that parked vehicles in said driveway shall not violate front yard setback ordinances, or b) driveways accessing a garage, carport, landing or other parking area which are in conformance with applicable ordinances. Section 2. The Hopkins City Code, Section 810.07 is hereby amended by adding the following paragraphs to read as follows: 810.07. Subd 4. Definitions: a. "Driveway". The term means a paved area providing access to either an attached or detached garage, carport or other legal parking area on residential property. b. "Curb cut". The term means the driveway area providing access to the property of an owner or occupant extending from a public street to the boundary of the property of said owner or occupant. Subd. S. Change in Use. Upon application of an owner or occupant to improve or convert a garage or other legally situated parking area serving residential property to a use inconsistent with the storage of an automobile in those instances where access to the garage or parking area is across the front yard of such residential property, the driveway and its use thereof for parking or storage of vehicles shall cease and be removed as part of the improvement or conversion applied for. Subd. 6. Non-conforming_Uses. Pre-existing non-conforming uses of a driveway described in Subd. 5 shall be removed upon sale of such premises from and after the date of this Ordinance. Improvements to or upon such non-conformance as may be allowed prior to such sale by an owner or occupant shall be by issuance of a permit by the City for such improvements and pursuant to a c:\file\hopk ins\ordinance\driveway separate agreement with the City setting forth the specific terms and conditions to accomplish the purpose of this Subdivision 6. The separate agreement with the City shall be recorded with the Hennepin County Recorder or Registrar of Titles. Section 3. The Hopkins City Code, Sections 820.01 and 820.07 is hereby amended by substituting the following paragraphs to read as follows: 820.01 Definitions: Subd. 2. "Driveway Apron". The term means a driveway area providing access to the property of an owner or occupant extending from a public street to the boundary of the property of said owner or occupant. 820.07. Notice. Whenever the owner or occupant permits the continuance of a public nuisance as defined in Section 820.05, the City shall serve notice upon said owner or occupant by registered mail or personal service ordering such maintenance or removal within 48 hours following receipt of the notice and further notice that non-compliance will be followed by such maintenance or removal by the City at the expense of the owner or occupant and if unpaid, shall be made a special assessment against the property concerned as hereinafter provided. First Reading: Apri121, 1998 Second Reading: May 5, 1998 Date of Publication: May 13, 1998 Effective Date of Ordinance: June 2, 1998 Charles D. Redepenning, Mayor Attest: Terry O rmaier, City Clerk TO FORM AND LEGALITY: Attorney ~~s l ` ~ ~ Date c:\file\hopkins\ordinance\driveway 2