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2010-1017 CITY OF HOPKINS Hennepin County, Minnesota ORDINANCE NO. 10 -1017 AN ORDINANCE ESTABLISHING AN OVERLAY DISTRICT The City Council of the City of Hopkins makes the following findings: Adoption of the Hopkins downtown overlay district ordinance will serve the following goals: a) Preserve the small -town, unique character of Mainstreet Hopkins b) Enhance the pedestrian orientation of downtown Hopkins and encourage streetscape design that is inviting and on a human scale c) Communicate the community's vision for the Mainstreet area THE COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN AS FOLLOWS: Section 557 — Overlay District 557.01. Boundaries. Subdivision 1. The boundaries of the overlay district are as follows: Mainstreet properties from the west side of 13 Avenue to Shady Oak Road zoned B -3. 557.02. Application Subdivision 1. Commencing on the date of the adoption of this ordinance the overlay district standards will apply to the following: a) All newly constructed buildings or structures b) All exterior building improvements and sign changes for which a site plan approval is not required but which require a building and /or sign permit (overlay district standards are applicable only to the changed element or improvement) c) Renovations for which a site plan approval is required under the provisions of the Hopkins City Code as in effect at the time of the renovation (all applicable standards apply) d) All new or reconstructed parking areas with 5 or more spaces e) Temporary signage Subd. 2. Grandfather Any building, structure, parking area or sign that lawfully exists at the time Ordinance 10- 10 16 is enacted, which would not otherwise be permitted under Ordinance 10 -1016, may be continued in the same manner, as existed before the effective date of the Ordinance, but any future construction, additions, reconstruction, renovation, or sign erection shall be subject to the requirements of this ordinance. Subd 3. Compliance At the time of application for any site plan approval, building permit, or sign permit, the applicant shall demonstrate the proposed building, structure, improvement, renovation or sign complies with the requirements of this Ordinance. No site plan approval, building permit, or sign permit shall be issued until the requirements of this ordinance have been met. It is the applicant's responsibility to provide the necessary information to the City staff to determine compliance with the section of the ordinance. 557.03. Awnings Subdivision 1. Awnings may be required to enhance the historic character of Mainstreet while providing sun protection for display windows, shelter for pedestrians, and a sign panel for businesses. Subd. 2. Length Awnings cannot extend across multiple storefronts and /or multiple buildings. Subd. 3. Materials Awnings must be constructed of durable, protective, and water repellant materials. Plastic or fiberglass awnings are not allowed. Subd. 4. Lighting_ Backlit or illuminated awnings are not allowed. Subd. 5'. Projecting Awnings must project a minimum of 36" from the building. 557.04. Signs. Subdivision 1. Signs will be architecturally compatible with the style, composition, materials, colors, and details of the building to which they are affixed and with other signs on nearby buildings, while providing for adequate identification of the business. Subd. 2. Lighting. Internally illuminated signs (not including neon) are prohibited except for theater signage. Subd. 3. Prohibited Pylon signs are prohibited on Mainstreet. Subd. 4. Monument signs Monument signs no more that nine square feet are allowed. The base of the monument sign shall be not more than nine square feet. Subd. 5. Window signage Temporary window signs are limited to one -third of the window surface area. Subd. 6. Size The combination of neon, permanently painted, and temporary window signs shall not exceed a total of two - thirds of the window surface area for that facade. Subd. 7. Projecting Projecting signs will have a maximum size of 12 square feet and a maximum width of three feet. Projecting signs cannot extend beyond the first floor of the building. No less than 10 feet of clearance shall be provided between the sidewalk surface and the lowest point of the projecting sign. Subd. 8. Distance Maximum distance between sign and building face is one foot. Subd. 9. Design details Signs cannot block or obliterate design details, windows or cornices of the building upon which they are placed. 557.05. Building height. Subdivision 1. New buildings, building and additions and redeveloped or remodeled buildings will complement the existing pattern of building heights. Subd. 2. Height Buildings in the overlay district may not exceed four stories or 45 feet in height. 557.06. Setbacks. Subdivision 1. New construction and infill buildings will abut Mainstreet right -of way except for the following: a. A portion of the building may be setback from Mainstreet in order to provide an articulated facade or accommodate a building entrance feature, provided that the total area of the space created must not exceed one square foot for every linear of building frontage. b. A building may be setback from Mainstreet in order to accommodate an outdoor eating area. In order to preserve the continuity of the street wall, the building may be setback no more that 12 feet from the front or street side property line, or at least 40 percent of the building facade must be located abutting Mainstreet. The total area of an outdoor eating area that is located between a public sidewalk and the building facade may not exceed 12 times the building's street frontage in linear feet. Subd. 3. Parking lots In instances where there are parking areas abutting the street, the sidewalk edge must be delineated with a treatment such as a wrought iron fence, hedge, or a one to three foot high wall following the right of way line. 557.07. Roofs. Subdivision 1. Sloped roofs are not allowed unless the roof form is concealed by a parapet or false front. Exceptions may be granted if the sloped roof is used on top of a multi -story building to help reduce the overall height of the facade and define the residential character of the upper floors. 557.08. - Utility areas, mechanical equipment and screening Subdivision 1. Utility areas, mechanical equipment, and screening will be designed so that they do not detract from the aesthetic appeal of the district. Subd. 2. Materials The screening of exterior trash, storage areas, service yards, loading areas, transformers, heating, and air conditioning units must use the same materials, color and /or style as the primary building in order to be architecturally compatible with the primary building and the building it is adjacent to. If the utility area is separate from the building it serves, it should be consistent with the City of Hopkins streetscape theme. Subd. 3. Roof equipment All roof equipment will be screened from public view so as not to be visible from the street. Subd. 4. Screening All exterior trash and storage areas, service yards, loading, areas, heating, and air conditioning units must be screened from view. Camouflaging heating and air conditioning units is an acceptable screening method. 557.09. Facades Subdivision 1. To break up the monotonous appearance of long facades, the exterior of buildings will be designed with visual breaks. Subd. 2. Width The primary street side facade of a building shall not consist of an unarticulated blank wall, flat front facades or an unbroken series of garage doors. The front of a building shall be broken up into individual bays of 25 to 40 feet wide. This can be achieved through combinations of the following techniques: a) Divisions or breaks in materials b) Window bays c) Separate entrances and entry treatments d) Variation in roof lines e) Building setbacks 557.10. Windows and doors. Subdivision 1. It is encouraged and may be required that windows and doors be incorporated in building designs to provide large open views into the commercial space enhancing the pedestrian experience by providing a visual connection to the use inside the building. Subd. 2. Upper level windows Windows are required on upper levels, and should provide privacy while aesthetically and functionally serving the building. Subd. 3. Ground level windows and doors A minimum of 30% of the ground level facade and sides of buildings adjacent to public streets shall consist of transparent materials for commercial uses. If the building is residential a minimum of 15% of the ground level facade and sides of building adjacent to public streets shall consist of transparent materials. Subd. 4. Rear facade A minimum of 15% of the building's rear facade facing a public right -of -way, parking area, or open space shall consist of transparent materials. Subd. 5. Glass Reflective glass is not allowed. Glass tinted more than 40% is not allowed. 557.11. Materials and detailing. Subdivision 1. New buildings and structures, additions and renovations will be constructed to be long lasting and use materials and detailing that maintain the distinct character and harmony of the downtown. Subd. 2. Materials The following materials are not allowed on the facades or sides of buildings adjacent to public right -of -ways: a) Painted concrete block b) Aluminum, vinyl or fiberglass siding or roofing materials c) Precast concrete panels d) Painting previously unpainted brick on the facades of buildings Subd. 3. Approval Any exterior material used in new construction or change in exterior materials on more than 50 percent of the front, rear, or side of a building facing a public right -of -way, shall require prior approval of the Zoning and Planning Commission and City Council for compliance with the requirements of this subsection and the other provisions of this Ordinance. 557.12. Franchise architecture Subdivision 1. To maintain the unique character of Hopkins downtown, buildings will not be constructed or renovated using franchise architecture. Subd. 2. Franchise Franchise architecture is defined as building design that is trademarked or identified with a particular franchise, chain or corporation and is generic or standard in nature. Franchise architecture is not allowed. Franchises or national chains must follow the standards of this ordinance to create a building that is compatible with downtown Hopkins. 557.13.. StreetscUe Subdivision 1_. The streetscape will be uniform so that it acts to provide continuity throughout the downtown. Subd. 2. Replacement When a redevelopment project disturbs existing streetscape elements, those items must be replaced with approved Hopkins streetscape elements compatible with the character of downtown Hopkins. 557.14. Lighting Subdivision 1. Lighting in the overlay district should serve to illuminate facades, entrances, and signage to provide an adequate level of personal safety while enhancing the aesthetic appeal of the buildings. Subd. 2. Source Building and signage lighting must be indirect, with the light source(s) hidden from direct pedestrian and motorist view. For exterior sign illumination, shaded gooseneck lamps are encouraged. 557.15. Parking Subdivision 1. Parking in the overlay district must adequately serve the users without detracting from the compact design that makes it a successful commercial center. Subd. 2. Off - street parking Off - street parking must be located in the rear of buildings on Mainstreet. 558.16. Exceptions It is recognized that there may be projects that require a departure from the requirements in this ordinance in order to be feasible. Possible grounds to be considered in determining possible reasons for granting exceptions to the ordinance are as follows: a) Safety b) Unique site or building characteristics c) Standards would have a detrimental effect on the use of the property d) Public benefit Financial hardship alone is not a basis to grant an exception. Exceptions will be reviewed by the Zoning and Planning Commission with a recommendation to the City Council for action. Minor exceptions can be granted on a staff level. First Reading: May 4, 2010 Second Reading: May 18, 2010 Date of Publication: May 27, 2010 Date Ordinance Takes Effect: May 27, 2010 Eugelfe JA4axwell, Mayor A ST: X erryyOb aier, City Clerk APPROVED AS TO FORM AND LEGALITY: City Attofney Signature Dale