Loading...
2008 ORD ORDINANCE NO. 08-01 AN ORDINANCE AMENDING CHAPTER 4 OF THE NEW HOPE CITY CODE RELATING TO OUTSIDE OR EXTERIOR STORAGE OF RECREATIONAL VEHICLES The City Council of the City of New Hope ordains: Section 1. Section 4-2(b) "Definitions" of the New Hope City Code is hereby amended by amending "Recreational vehicle" and adding "Off road vehicle" to read as follows: Recreational vehicle means self-propelled vehicles or tmilered vehicles stored on licensed trailers which are used primarily for recreational-leisure time activities including, but not limited to campers, tent trailers, motor homes or other vehicles used for temporary living quarters, boats, canoes. ka~ all terrain vehicles, snowmobiles, golf carts, race cars, stockcars~ motorcycles, utility trailers, off-road vehicles and similar vehicles or equipment. Offroad vehicle means a motor-driven recreational vehicle capable of cross-country travel on natural terrain without the benefit of a road, trail or paved or gravel driving surface. Section 2. Section 4-3(d)(9) "Exterior Storage" of the New Hope City Code is hereby amended to read as follows: (9) "Exterior Storage". All materials and equipment, except as specifically authorized elsewhere in this Code shall be stored within a building or fulty-comnletelv screened so as not to be visible from adjoining properties or public street right-of-way, except for the following: a. Clothesline pole and wires. b. Recreational equipment and vehicles. 1. Recreational equipment and vehicles may be stored in the front, side or rear yards except that recreational vehicles and equinment not licensed for or nennitted to be onerated on oublic streets such as boats. all terrain vehicles. off road vehicles. snowmobiles. golf carts. race cars and stock cars must be stored or olaced on or in a licensed trailer or licensed motor vehicle. Canoes. kavaks or other small non-motorized boats not on trailers mav be stored in the side or rear vard in the following manner: 1. hung off the ground on a garage or other accessorv building or stmcture. 11. stored on the ground if screened from view 11:om anv adjoining residential orooertv and the nublic li~ht ofwav in accordance with ~4-3(d)(9)(b)(3)(ii) of this code. 1 111. on residential lots abutting Meadow Lake or North\vood Lake. canoes. kayaks or other small boats may be stored or maintained on the ground at or within 20 feet of the shoreline of the lake nrovided that the three (3) foot side vard setback is maintained. 2. Front yard storage of recreational equinment or vehicles shall meet the following standards: 1. Storage Mmust be on bituminous, asphalt or other hard surface material that is durable, weather resistant and suitable to control dust and drainage and at a minimum consists of 2 inches of rock or other rock-type material. Landscaped yard or grass areas are not suitable for storage. 11. All front yard storage must be set back 15 feet from the street curb and storage shall not encroach on any sidewalk. m. Storage shall not occur is not permitted in a minimum required parking st-allsnace Del' ~4-3(e)(10) of this code. 3. 3. Side and rear vard storage of recreational equinment or vehicles shall meet the following standards: 1. Storage of all recreational equipment or vehicles The designated storage m:ea-- shall maintain at least a three (3) foot setback from the side or rear yard nronertv lines excent for canoes. kayaks and other small boats stored at the shoreline of Meadow Lake and North\vood Lake as nrovided in <S4-3( d)(9)(b)(1 )(iii) of this code. shall maintain at least a five foot setback fi'om side or rear property lines and shall be screened !QJ.ill 80% opacity from adjoining properties throagh either landscaping or fencin; to a maximum height of 6 feet. 11. Storage must be partiallv but adequatelv screened to break up the visual appearance of the exterior storage from adioining nronerties through landscaning or fencin~. 111. Fences shall not exceed eight (8) feet in height. 4. No more than three (3) recreational vehicles or equipment may be stored outside as exterior -eflstora~ a property. Anv recreational equipment or vehicles stored on a nronertv in excess of three must be stored in a buildin~ One or more recreational vehicles stored on a trailer shall constitute one vehicle for the purpose of this section. 2 c. Construction and landscaping material currently being used on the premises. d. Off-street parking of ooerable and licensed passenger vehicles and trucks not exceeding a registered or licensed gross vehicle weight of 12,000 pounds ("A" through "F" sticker on license) in R-l, R-2, R-3. R-4. R-5 and R-4-0 district. e. In the R-1. R-2. R-3. R-4. R-5 and R-B zoning distlicts.+!he following vehicles and equipment mav be stored or oarked in a building if said storage or oarking does not utilize a minimum required om'king soace for the nrooertv oer <$4-3 ( e)( 1 0) of this code and the vehicle or equioment is owned bv a resident ofthe orooeliv. However. in no event mav such vehicles and equioment bemuy not be stored or parked outside as exterior storage~ on any propeliy in the R 1, R?, R 3, R 4, R 5, R 0 and R B zoning districts: 1. Farm tractors and equipment. 2. Military vehicles, including but not limited to, half-tracks, troop transports and tanks. 3. Semi-tractors or trailers. 4. Snow plow units detached from a truck or vehicle used to plow snow. 5. Skid loaders. 6. Any commercial vehicles or trailers not defined as recreational vehicles with a registered or licensed gross vehicle weight greater than 12,000 pounds ("G" through "T" or "X" sticker on license plate ). Section 3. Section 4-3( e)( 4)(f) "Residential off-street parking" ofthe New Hope City Code is hereby amended to read as follows: f. Residential off-street parking. The oarking soaces of anv GQff-street parking facilities accessory to residential use shall be utilized solely for the parking of licensed and operable passenger automobiles~; no more than one Q.perable truck~ not te-exceedin\L g licensed gross vehicle weight of 12,000 pounds ("A" through "F" sticker on license olate h and licensed and ooerable recreational vehicles and equipment as defined bv ~4-2(b) of this code. Under no circumstances shall anv off-street parking~'paces or off-street oarkimr facilities accessory to residential structures be used for the storage or om'king of commercial vehicles or equipment or for the storage or parking of automobiles belonging to the 3 employees, owners, tenants, or customers of business or manufacturing establishments not a resident at the residential site. Section 4. publication. Effective Date. This Ordinance shall be effective upon its passage and Dated the 24th day of March, 2008. /\ /~/I~^,;~ k i (W1., ~-'-- Martm E. Opem, Sf., ~yor <...f/) . /-0 fa I!i2 i ~t Attest: / ". i ~. 17V.. Valerie Leone, CIty Clerk (Published in the New Hope-Golden Valley Sun-Post the 3rd dayof Apri 1 ,2008.) G:-cADMIN-ORDINA.'iCESDRD 08-01 EXT STOR.DOC 4 CII!;M -- -.:.;.>>>:.;.;.;.;.:.;.;.;.:-- - -- -.;.;.;.::.;-;.;.;-;.;.;.;.;-- - - - .----."..;.;.;.;.:.;.;.:.:- - ::;,:::;;;.::-"""-- neWSpa)le.-s AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) Richard Hendrickson, being duly sworn on an oath, states or affirms that he is the Chief Financial Officer of the newspaper(s) known as GV, NH, Crystal, Robbinsdale Sun-Post and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provid- ed by Minn. Stat. s331A.02, S331A.07, and other applicable laws as amended. (B) The printed public notice that is attached was published in said newspaper(s) once each week. for one successive week(s): it was first published on Thurs- day, the ~ day of April 2008, and was thereafter printed and published on every Thursday to and in- cluding Thursday, the _____ day of , 2008; and printed below is a copy of the lower case alpha- bet from A to Z. both inclusive. which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcdefg h iJkl mnopq rstuwlxyz ~ 'BY: t'~. -, c1!..-' / CFO Subscribed and sworn to or affirmed before me on this ~ day of April , 2008. 7 ~. ~~ Notary Public MARY ANN CARLSON NOTARY PUBliC - MINNESOTA MY COMMISSION EXPIRES 1-3Hl9 City of New Hope (Official Publication) ORDINANCE NO. 08-01 AN ORDINANCE AMENDING CHAPTER 4 OFTHE NEW HOPE CITY CODE RELATING TO OUTSIDE OR EXTERIOR STORAGE OF RECREATIONAL VEHICLES The City Council of the City of New Hope ordains: Section 1. Section 4-2(b) "Definitions" of the New Hope City Code is hereby amended by amending -Recre- ational vehicle" and adding "Off road vehicle" to read as follows: Recreational vehicle means self-propelled vehicles or ~vehicles stored on licensed trailers which are used primarily for recreationaHeisure time activities in- cluding. but not limited to campers. tent trailers. motor homes or other vehicles used for temporary living quar- ters. boats. terrain vehicles. snowmo- biles. golf race cars. motorcycles. utility trailers. off-road vehicles and similar vehicles or equip. ment. Off road vehicle means a motor-driven recreational vehicle capable of cross-country travel on natural terrain without the benefit of a road. trail or paved or gravel dri- ving surface. Section 2. Section 4-3(d)(9) "Exterior Storaae" of the New Hope City Code is hereby amended to read as follows: (9) "Exterior Storage". All materials and equipment. except as specifically authorized elsewhere in this Code shall be stored within a building or ~omoletelv screened so as not to be visible from adjoining properties or public street right-of.way. except for the following: a. Clothesline pole and wires. b. Recreational equipment and vehicles. 1. Recreational equipment and vehicles may be stored in the front. side or rear yards exceot that recreational vehicles and eauioment not licensed for or oermitted to be ooerated on oublic streets such as boats. all terrain vehicles. off road vehi- cles. snowmobiles. aolf carts. race cars and stack cars must be stored or olaced on or in a licensed trailer or licensed motor vehicle. Canoes. kavaks or other small non-motorized boats not on trailers mav be stored in the side or rear vard in the fal- IOINino manner: L hung off the around on a oaraae or other ac- cessorv buildino or structure. !..L- stored on the around if screened from view from anv adioinino residential orooertv and the oublic riaht of wav in accordance with 64- 3(d1l9I1bl(311iil of tllis code. ilL. on residential lots abuttina Meadow Lake or Northwood Lake. canoes. kavaks or other small boats mav be stored or maintained on the around at or within 20 feet of the shoreline of the lake orovided that the three (3) foot side vard setback is maintained. 2. Front yard storage of recreational eauioment or vehicles shall meet the followina standards: i. Storaqe !.4rnust be on bituminous. asp half or other hard surface material that is durable. weather resistant and suitable fo control dust and drainage and at a minimum consists of 2 inches of rock or olher rock-type material. Landscaped yard or grass areas are not suit- able for storage. ii. All front yard storage must be set back 15 feet from the street curb and storage shall not en- croach on any sidewalk. iii. Storage :h_l~ ~:~ ::::..:~ is not oermitted in a minimum required parking ~soace oer 64- 3(e1l101 of this code. ~~Side and rear \lard storace 01 recreational eouioment or vehicles shall meet the following standards: L Storage of all recreational equipment or vehi- cles '1'.3 3::'J"3::3 :::r::q: 3r:- shall main. tain at least a three (3) foot setback from the side or rear vard orooertv lines except for ca- noes. kayaks and other small boats stored at the shoreline of Meadow Lake and Northwood Lake as orovided in 64-3(dH911b1l1 Hiii) of this code.c"311 ""3iA!3iR C! laze! 3 'i':o :88\ :c:l3asl' 'ecfPl cisJ: 8' r:3- ~-9~8-:J' I'AOS 3,,8 8"-11 SO c:eMAzd '0 Cn S~O~ 80Mi:" '-0"" 3::1jeiRinJ V3~er:io: !Rr3~~" 8i:"8r 13A9:8-~iR~ 8r 'OAS iRJ :3 ~ """HifPlufPl "Oi~R: c' € foot. L Sforaae must be oartiallv but adeauatelv screened fa break uo the visual aooearance of the exterior storaae from adioinino oraoer- ties throuoh landscaoino or fencina. ilL. Fences shall not exceed eioht (8) feet in heioht. 4. No ;;:;o;:ethan three (3) recreational vehicles or equipment may be stored outside as exterior ..;;;, stora<;1e on a property. Anv recreational eauio. ment or vehicles stored on a orooertv in excess of Ihree must be stored in a buildino. One or more recreational vehicles stored on a trailer shall con- stitute one vehicle for the purpose of this section. c. Construcfion and landscaping material currently being used on the premises. d. Off-street parking of ooerable and licensed passenger vehicles and trucks not exceeding a registered or li- censed gross vehicle weight of 12.000 paunds.J::.[L fhrouoh OF' sticker on license) in R-1. R.2. R.3. R-4. R-5 and R-4-Q.district. - e. In the R-1. R-2. R-3. R-4. R.5 and R.B zonina dis- tricts.+!he following vehicles and equipment mav be sfored or oarked in a buildina if said storaae or parking does not utilize a minimum reouired oarkina soace for the orooertv oer 64-3(e1l101 of this code and the vehicle or eouiomenf is owned bv a resident of the orooertv. Howev- er. in no event may such vehicles and eauloment be~ -:: t: stored or parked outside as exterior storage~~ ~e:pr:;'~ :1".: R '. R ". R 2. RI. R ~. R 0 3r13 R !9 =:r i"J ::Ii::ri:::: 1. Farm tractors and equipment. 2. Military vehicles. including but not limited to. half- tracks. troop transports and tanks. 3. Semi-tractors or trailers. 4. Snow plow units detached from a truck or vehicle used to plO'N 3nm\'. 5. Skid loaders. 6. Any commercial vehicles or trailers not defined as recreational vehicles with a reoistered or licensed gross vehicle weight greater than 12.000 pounds ("G" throuah "r or 'X' sticker on license olateL Section 4-3(e)(4)(1) "Residential oft-street New Hope City Code is hereby amended follO\vs: f. Residential off-street parking. The oarkina soaces of any QQff.street parking facilities accessory to residential use shall be utilized solely for the parking of li- censed and operable passenger automobiles,; c.: -:eD :hzc : ~: ooerable trucks not ;;;-exceedino a licensed gross vehicle welghl of 12.000 pounds eA' throuah "F" ",ticker on license olate); and licensed and ooerable recre- ational vehicles and equipment as defined bv 64-21bl of Ihis code. Under no circumstances shall anv off-street parking soaces or off-street oarkino facilities accessory to residential structures be used for the storage or oark- ino of commercial vehicles or equipment or for the ~ QLparking of automobiles belonging to the employees. owners. tenants. or customers of business or manufac- turing establishments not a resident at the residential site. Effective Date. This Ordinance shall be upon its passage and publication. Dated the 24th day of lvIarch. 2008. Attest; (Published in the New Hope.Golden Valley Sun-Post the day of ?008.) (Apr. 3. 200B)p2-0rd 08-01 ext star ORDINANCE NO. 08-02 AN ORDINANCE AMENDING NEW HOPE CODE SECTIONS 1-2 AND 3-25(b)(1) REGULATING FENCES AROUND PRIV ATE SWIMMING POOLS The City Council ofthe City of New Hope ordains: Section 1. Section 3-25(b) "Enclosed bv fence" of the New Hope City Code is hereby amended by amending subsection 3-25(b)(1) "Pools on location" to read as follows: (1) Pools on location. All private swimming pools, including inflatable pools, placed in use or constmcted on anv propertv. shall be completely surrounded by a fence or wall not less than four feet in height, which shall be so constructed as not to have openings, holes or gaps larger than four inches in any dimension, except for doors and gates. A dwelling house or accessory building may be used as part of such enclosure, but otherwise the fence or wall shall be erected on the ground. All gates or doors opening through such enclosure shall be equipped with a self-closing and self-latching device for keeping the gate or door securely closed at all times when not in actual use, except that the door of any dwelling which forms a part of the enclosure need not be so equipped. The fence shall be a type not readily climbed by children. Except '.'.'Whirlpools. hot tubs or spas that can accommodate no more than ten adults shall be exempt from this--Ret encl03cd by a fence requirement if equipped with or other enclos....lrc shall ha\'c a locking safety cover so that the whirlpool. hot tub or spa is not accessihle in3talled when the tub is not in use. The safetv cover must c0111plv with the A..merican Society of Testing and Materials safety standard ASTM F 1349-91 (2003) as required bv the Minnesota State Building Code. occupied by property ov;ner, tenant or guest, to make the v;hirlpool tub inaccessible to children. Section 2. Section 1- 2 Definitions subsection "Private Swimming Pool" of the New Hope City Code is hereby amended to read as follows: Private swimming pool. Private swimming pool means any pool, t~1k, depression or exeJ';ation or other _structure intended for swirmniml, wading or recreational bathing or immersion that contains water '.vhich 3hall ca'.1SC retaining of v.'~'.te;: over J ;reater depth than 24+% inches deep and and h::lYID; a lurger plane s....:rface of ';.'ater greater than 150 sqaare feet and '.",hich shall be designed or used for s\';imming, '.",ading Ol' immersion purp03es by 111cn, ',',omen or childrcn,~ used or intended to be used solely by the owner, lessee, or tenant thereof and his family and by friends invited to use it without payment of any fee. This includes in- ground. above ground and on ground swin1lmng pools. hot tubs. whirlpools and spas. Section 3. and publication. Effective Date. This Ordinance shall be effective upon its passage Dated the 24th day of March ,2008. /' v// ;:: Attest: lal.LLLll hlJ'7 LL Valerie Leone, CitY Clerk (Published Apri 1 111 the New Hope-Golden Valley Sun-Post the , 2008.) 3rd day of P:\.<\ TTOR.'1EY'-SAS\l CLIENT FILES\2 CITY OF }fEW HOPc'99...s0iI4\ORDfNA.:.'1CE FENCING .A.ROtJND S\\'L\P.4ING POOLS D3.DOC CII!M - --= = ={:~\:t~:~:t~:~:~=-==== - - - '~;:::~fu1;::r --==== uewspape..s AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) Richard Hendrickson, being duly sworn on an oath. states or affirms that he is the Chief Financial Officer of the newspaper(s) known as GV, NH, Crystal, Robbinsdale Sun-Post and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provid- ed by Minn. Stat. S331A.02, S331A.07, and other applicable laws as amended. (B) The printed public notice that is attached was published in said newspaper(s) once each week, for ~ successive week(s): it was first published on Thurs- day, the day of April 2008, and was thereafter printed and published on every Thursday to and in- cluding Thursday. the _____ day of , 2008; and printed below is a copy of the lower case alpha- bet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcdefg hiJkl mnopq rstuvwxyz '::il~c1[ - CFO Subscribed and sworn to or affirmed before me on this ~ day of April . 2008. 62~' 7 /, '" w ul ,~ ..~~ Notary Public - e MARY ANN CARLSON NOTARY PUBUC - MINNESOTA MY COMMISSION EXPIRES 1-3Hl9 City of New Hope (Official Publication) ORDINANCE NO. 08-02 AN ORDINANCE AMENDING NEW HOPE CODE SECTIONS 1-2 AND 3-25{b)(1) REGULATING FENCES AROUND PRIVATE SWIMMING POOLS The City Council of the City of New Hope ordains: Section 1. Section 3.25(b) "Enclosed bv fence. of the New Hope City Code is hereby amended by amend- ing subsection 3-25(b)(1) .Pools on location" to read as follows: (1) Pools on location. All orivate swimming pools. includ- ino inflatable oools. olaced in use or constructed on any orooertv. shall be completely surrounded by a fence or wall not less than four feet in height. which shall be so constructed as not to have openings. holes or gaps larger than four inches in any dimension. ex- cept for doors and gates. A dwelling house or acces- sory building may be used as part of such enclosure. but otherwise the fence or wall shall be erected on the ground. All gates or doors opening through such en- closure shall be equipped with a self.closing and self- latching device for keeping the gate or door securely closed at all times when not in actual use. except that the door of any dwelling which forms a part of the en. closure need not be so equipped. The fence shall be a type not readily climbed by children. ,,::-:~: ...t;'hirlpools. hot tubs or soas that can accommodate no more than ten adults shall be exemot from this.;;eo; :~:~::~j ::i':J. fence reauirement if eouiooed viith-e.;: ::~:~ :~:~:::.;r~ :F.::~! ~:::: a locking safety_cover ~Q that the whirloool. hot tub or soa is not accessible iA- :::.:~l:j when :r.: ::..;:: :: not in use. The safety cover must co moly with the American Society of Testino and Materials safety standard ASTM F 1349.91 (2003\ as reouired bv the Minnesota State Buildino Code. JJ:J ~::~ :J' !=~:;::r~/ :''':--:r, ::~~....: 3r ~:..::::. :: .. ::1,: :ri: "~ir~;:::~ ::.1: :r.:.:::::rt!: :: :~:Ij:-:n_ Section 2. Section 1- 2 Definitions subsection .Pri- vate Swimmino Pool" of the New Hope City COde;;; hereby amended to read as follows: Private swimming pool. Private swimming pool means any I.:::I, ~=r.~', 8:;::~:::i:-. :~ :;::~ -:~::~. ::- :~~::- _structure intended for s\.vimmina. vlading.-ill recreational bathino or immersion that contains \vater ,..>-:::~ :!-.::" 3:1:"::: ~:~J.:""':'"':9 :; .:<~~::- over ..... ;I:-::'~:~ j~~", <h~n ?4+g inches d~eo -~~ -~j ~-..,-~ - '-.~ :;~~~:-,.'~ ~":-~:.:::f' "::::p d~::~~~ ::-::-~.. :~~'~'.~:::;:' :~:: ~:~;;~.'~::~ ~~:,Il_?_~_~:::;~:::_:: ~.:,_.~.~~~ ~".';~;~~~~ :'~-:~j:::"-.i;; used;;int;nd~dto-be 'used solely by the owner. lessee. or tenant thereof and his family and by friends invited to use it without payment of any fee. This Includes in.ground. above around and on around swimmlno oools. hot tubs. whirloools and soas. Section 3. Effective Date. This Ordinance shall be effective upon its passage and publication. Dated the 24fh day of March. 2008. Attest: (Published in the New Hope.Golden Valley Sun-Post the day of 2008.) (Apr. 3. 2008) p2-0rd 08.02 pOOls ORDINANCE NO. 08-03 AN ORDINANCE ADOPTING A NEW SIGN CODE FOR THE CITY OF NEW HOPE AND REPEALING IN ITS ENTIRETY SECTION 3-40 OF THE NEW HOPE CITY CODE The City Council of the City of New Hope ordains: Section 1. Section 3-40 "Sign code" through section 3-40(1) "Review procedures and informational requirements" of the New Hope City Code is hereby repealed in its entirety. Section 2. Section 3-50 "Sign Code" of the New Hope City Code is hereby adopted to read as follows: Sec. 3-50. Sign code. (a) Preamble. The City Council finds that a lack of a comprehensive, constitutionally sound sign code regulating signs in the City of New Hope constitutes an emergency threatening public heath, safety and welfare. Among the City's concerns are: (1) Signs could be erected without regard to the manner in which the size, number, or location of the signs interferes with traffic sight lines, endangering or distracting drivers and pedestrians alike, thereby causing traffic hazards. (2) Signs could be constructed in a manner or of materials that are structurally unsound 'and vulnerable to collapse, endangering persons or property in the vicinity of the signs. The following code is adopted as Section 3-50 of the New Hope City Code. (b) Findings, title, purpose, intent and effect. (1) Findings. The City Council hereby fmds as follows: a. Exterior signs have substantial impact on the character and quality of the environment. b. Signs provide an important medium through which individuals may convey a variety of messages. c. Signs can create traffic hazards, aesthetic concerns and detriments to property values, thereby threatening the public health, safety and welfare. d. The City's zoning regulations have included the regulation of signs in an effort to provide adequate means of expression and to promote the economic viability of the business community, while protecting the City and its citizens from a proliferation of signs of a type, size, location and character that would adversely impact upon the aesthetics of the community and threaten the health, safety and welfare of the community. The regulation of the physical characteristics of signs within the City has had a positive impact on traffic safety and the appearance of the community. (2) Code. Sections 3-50 through 3-50(n) shall be known, cited and referred to as the "New Hope Sign Code" except as referred to herein, where it shall be known as the "sign code." (3) Purpose and intent. It is not the purpose or intent of this sign code to regulate the message displayed on any sign; nor is it the purpose or intent of this code to regulate any building design or any display not defmed as a sign, or any sign which cannot be viewed from outside a building. The purpose and intent of this code is to: a. Regulate the number, location, size, type, illumination and other physical characteristics of signs within the City in order to promote the public heath, safety and welfare. b. Maintain, enhance and improve the aesthetic environment of the City by preventing visual clutter that is harmful to the appearance of the community. c. Improve the visual appearance of the City while providing for effective means of communication, consistent with constitutional guarantees and the City's goals of public safety and aesthetics. d. Provide for fair and consistent enforcement of the sign regulations set forth herein under the zoning authority of the City. (4) Effect. A sign may be erected, mounted, displayed or maintained in the City if it is in conformance with the provisions of this code. The effect of this code, as more specifically set forth herein, is to: a. Allow a wide variety of sign types in commercial zones, and 2 a more limited variety of signs in other zones, subject to the standards set forth in this sign code. b. Allow certai.D. small, unobtrusive signs incidental to the principal use of a site in all zones when in compliance with the requirements of this sign code. c. Prohibit signs whose location, size, type, illumination or other physical characteristics negatively affect the environment and where the communication can be accomplished by means having a lesser impact on the environment and the public health, safety and welfare. d. Provide for the enforcement of the provisions of this sign code. (c) Severability. If any section, subsection, sentence, clause, or phrase of this sign code is for any reason held to be invalid, such invalidity shall not affect the validity or enforceability of the remaining portions of this sign code. The City Council hereby declares that it would have adopted the sign code in each section, subsection, sentence, or phrase thereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses, or phrases be declared invalid. (d) Rules and definitions. (1) Rules. The language set forth in the text of this sign code shall be interpreted in accordance with the rules of construction prescribed in Chapter 1 except for the following provisions: a. Zoning districts. The sign code references the various zoning districts in Chapter 4 of the New Hope Zoning Code.- b. Construction of words. Whenever a word or term appears in the text of this sign code, its meaning shall be defined in subsection 3- 50(d)(2) of this code. A word or term not specifically defmed by subsection 3-50(d)(2) herein, shall be defined by the definition sections of Chapter 4 or Chapter 1 of this code, if applicable, otherwise it shall have its ordinary dictionary meaning. (2) Definitions. Abandoned sign Any sign andlor its supporting sign structure which remains without a message or whose display surface remains blank for a period of one (1) year or more, or any sign which pertains to a time, event or 3 Awning A wning sign Balloon sign Banner Bench sign Billboard Building sign Cabinet sign Canopy Canopy sign purpose which no longer applies, shall be deemed to have been abandoned. Signs applicable to a business temporarily suspended because of a change in ownership or management of such business shall not be deemed abandoned unless the property remains vacant for a period of one (1) year or more. Any sign remaining after demolition of a principal structure shall be deemed abandoned. Signs which are present because of being legally established nonconforming signs or signs which have required a conditional use permit or a variance may also be subject to the definition of abandoned sign. A roof-like cover, often of fabric, plastic, metal or glass, designed and intended for protection from weather or as a decorative embellishment, and which projects from a wall or roof of a structure primarily over a window, walk or the like. Any part of an awning which projects over a door shall be counted as an awning. A building sign or graphic printed on or in some fashion attached directly to the awning material. A sign consisting of a bag made of lightweight material supported by helium, hot or pressurized air which is greater than twenty four (24) inches in diameter. Attention getting devices which resemble flags and are of a paper, cloth, plastic, or plastic-like consistency. Any sign located on the back of a courtesy bus bench placed on or adjacent to a public right-of-way. Any off premise sign having an area of more than three hundred (300) square feet. Any sign attached or supported by any building. Any wall sign that is not channel or individually mounted letter construction. A roof-like cover, often of fabric, plastic, metal, or glass on a support, which provides shelter over a doorway. Any sign that is a part of or attached to a canopy made of fabric, plastic, or structural protective cover over a door or entrance. A canopy sign is not a marquee and is different from service area canopy signs. 4 Changeable copy sign, manual Changeable copy sign, electronic Changeable copy sign, graphic Commercial speech Elevation Elevation area Erect Flag A sign or portion thereof that has a reader board for the display of text information in which each alphanumeric character, graphic or symbol is defined by objects not consisting of an illumination device and may be changed or rearranged manually or mechanically with characters, illustrations, letters or numbers that can be changed or rearranged without altering the face or surface of the sign structure. A sign or portion thereof that displays electronic, non-pictorial text information in which each alphanumeric character, graphic, or symbol is defined by a small number of matrix elements using different combinations of light emitting diodes (LEDs), fiber optics, light bulbs or other illumination devices within the display area. Electronic changeable copy signs include computer programmable, microprocessor controlled electronic displays. Electronic changeable copy signs include projected images or messages with these characteristics onto buildings or objects. Electronic changeable copy signs do not include official signs. A sign or portion thereof that displays electronic, static images, static graphics or static pictures, with or without text information, defined by a small number of matrix elements using different combinations of light emitting diodes (LEDs), fiber optics, light bulbs or other illumination devices within the display area where the message change sequence is accomplished immediately or by means of fade, re-pixalization or dissolve modes. Electronic graphic display signs include computer programmable, microprocessor controlled electronic or digital displays. Electronic graphic display signs include projected images or messages with these characteristics onto buildings or other objects. A speech advertising a business, profession, commodity, service or entertainment. The view of the side, front, or rear of a given structure(s). The area of all walls that face any lot line. Activity of constructing, building, raising, assembling, placing, affixing, attaching, creating, painting, drawing or any other way of bringing into being or establishing. Any fabric or similar lightweight material attached at one end of the material, usually to a staff or pole, so as to allow movement of the material by atmospheric changes and which contains distinctive colors, patterns, symbols, emblems, insignia, or other symbolic devices. 5 Flashing sign Freestanding sign Grade Height of sign Illuminated sign Legally established nonconforming sign Light projection sign Marquee Marquee sign Monument sign A directly or indirectly illuminated sign which exhibits changing light or color effect by any means, so as to provide intermittent illumination which includes the illusion of intermittent flashing light by means of animation or mode of lighting which resembles zooming, twinkling or sparkling. Any sign which has supporting framework that is placed on, or anchored in, the ground and which is independent from any building or other structure. Grade shall be construed to be the fmal ground elevation after construction. Earth mounding criteria for landscaping and screening is not part of final grade for sign height computation. Shall be computed as the vertical distance measured from the base of the sign at grade to the top of the highest attached component of the sign. Any sign which contains an element designed to emanate artificial light internally or externally. Any sign and its support structure lawfully erected prior to the effective date of this code which fails to conform to the requirement of this code. A sign which was erected in accordance with a variance granted prior to the adoption of this Code shall be deemed to be a legal conforming sign. A sign which was unlawfully erected shall be deemed to be an illegal sign. Signs that project an image or message via light onto a surface of a building or structure. Any permanent roof-like structure projecting beyond a theatre building or extending along and projecting beyond the wall of that building, generally designed and constructed to provide protection from the weather. Any building sign painted, mounted, constructed or attached in any manner on a marquee. Any freestanding sign with its sign face mounted on the ground or mounted on a base at least as wide as the sign and which has a height exceeding eight (8) feet. Multiple tenant site Any site which has more than one (1) tenant, and each tenant has a 6 Multi-vision sign Non-commercial speech Official sign Off-premise sign On-premise sign Owner Pennant Pole sign Portable sign separate ground level exterior public entrance. Any sign composed in whole or part of a series of vertical or horizontal slats or cylinders that are capable of being rotated at intervals so that partial rotation of the group of slats or cylinders produces a different image and, when properly functioning, allows on a single sign structure the display at any given time one of two or more images. A dissemination of messages not classified as Commercial Speech which include, but are not limited to, messages concerning political, religious, social, ideological, public service and informational topics. Signs of a public noncommercial nature, including public notification signs, safety signs, traffic signs, and direction to public facilities signs when erected by or on behalf of a public official or employee in the performance of official duty. A commercial speech sign which directs the attention of the public to a business, activity conducted, or product sold or offered at a location not on the same lot where sign'is located. For purpose of this sign code, easements and other appurtenances shall be considered to be outside such lot and any sign located or proposed to be located in an easement or other appurtenance shall be considered an off-premise sign. A sign that directs attention.to an establishment, person, activity, goods, products or services located on the premises where the sign is installed. _ In the case of a lot, the legal owner of the lot as officially recorded by Hennepin County, and including fee owners, contract for deed purchasers and ground lessees. In the case of a sign, the owner of the sign including any lessees. See Banner. See Pylon Sign. Any sign which is manifestly designed to be transported, including by trailer or on its own wheels, even though the wheels of such sign may be removed and the remaining chassis or support is converted to another sign, or attached temporarily or permanently to the ground sign. This characteristic is based on the design of such a sign. 7 Projecting sign Public notices Public Street Right-of- Way Pylon sign Residential district Roof Roof line Roof sign Roof sign, integral Rotating sign Shimmering sign Sign area Any sign which is affixed to a building or wall in such a manner that its leading edge extends more than two (2) feet beyond the surface of such building or wall face. Official notice posted by public officers, employees or their agents in the performance of their duties, or as directed by such officers, employees or agents. The entire right-of-way of any public street. Any freestanding sign which has its supportive structure(s) anchored in the ground and which has a sign face elevated above ground level by pole(s) or beam(s) and with the area below the sign face open. Any district zoned for residential uses. The exterior surface and its _supporting structure on the top of a building or structure. The structural make-up of which conforms to the roof structures, roof construction and roof covering sections of the International Building Code. The upper most edge of the roof or in the case of an extended fayade or parapet, the upper most height of said fa9ade. Any sign erected and constructed wholly on and above the roof of a building, supported by the roof structure, and extending vertically above the highest portion of the roof. Any building sign erected or constructed as an integral or essentially integral part of a normal roof structure of any design, so that no part of the sign extends vertically above the highest portion of the roof and so that no part of the sign is separated from the rest of the roof by a space of more than six (6) inches. A sign or portion of a sign which in any physical part or in total turns about on an axis, rotates, revolves or is otherwise in motion, including without limitation a multi-vision sign. A sign which reflects an oscillating or distorted visual image. The area within the marginal lines created by the sign face which bears the advertisement or, in the case of messages, figures or symbols attached directly to the part of the building, which is 8 Sign face included in the smallest geometric figure which can be made to circumscribe the message, figure or symbol displayed thereon. The surface of the sign upon, against, or through which the message of the sign is exhibited. Sign structure Any structure including the supports, uprights, bracing, and framework which supports .or is capable of supporting any sign. Site Stringer Suspended sign Temporary Sign Total site signage Lot or combination of contiguous lots which are intended, designated and/or approved to function as an integrated unit. A line of string, rope, cording or an equivalent to which is attached a number of pennants. Any building sign that is suspended from the underside of a horizontal plane surface and is connected to this surface. A sign erected for an event occurring for. a period of time not exceeding ten (10) calendar days. The maximum permitted combined area of all signs allowed on a specific property. Video display A sign that changes its message or background in a manner or method of display sign characterized by motion or pictorial imagery, which mayor may not include text and depicts action or a special effect to imitate movement, the presentation of pictorials or graphics displayed in a progression offrames that gives the illusion of motion, including, but not limited to the illusion _of moving objects, moving patterns or bands of light, or expanding or contracting shapes, not including electronic changeable copy signs.. Vip..eodisplay signs include projected images or messages with these characteristics onto buildings or other objects. Visible Wall Wall sign Capable of being seen by a person of normal visual acuity (whether legible or not) without a visual aid. Any structure which defines the exterior boundaries or courts of a building or structure and which has a slope of sixty (60) degrees or greater with the horizontal plane. Any building sign attached parallel to but within two (2) feet of a wall painted on the wall surface of or erected and confined within the limits of an outside wall of any building or structure which is supported by such wall or building and which displays only one (1) sign surface. 9 Window sign Any building sign, pictures, symbol, or combination thereof designed to communicate information about an activity, business, commodity, event, sale, or service that is placed inside a window or upon the window panes or glass and is visible from the exterior of the window. The definitions set forth in this Section 3-50(d)(2) are in addition to the defInitions set forth in Chapter 4-2 of the New Hope City Code which shall apply to this Section 3-50 except that in the event of a conflict between the Sections, the defInitions in this Section shall apply. (e) Permit required. No sign shall be erected, altered, improved, reconstructed, maintained or moved in the city without first securing a permit from the City: (1) The content of the message or speech displayed on the sign shall not be reviewed or considered in determining whether to approve or deny a sign permit. (2) Application for an administrative permit shall be filed by the property owner or designated agent with the City, on forms to be provided by the City. (3) Application for a permit shall contain the following information unless waived by the City: a. Names and addresses of the applicant owners of the sign and lot; - b. Address at which any signs are to be erected; c. Lo!,.block and additIon at which the signs are to be erected and the street on which they are to front; d. Type and size of sign (e.g., wall sign, pylon sign). e. A site plan to scale showing the location of lot lines, building structures, parking areas, existing and proposed signs and any other physical features. f. Inventory of existing on-:site signage (size, heIght, location) g. Plans, location and specifIcations and method of construction and attachment to the buildings or placement method of the ground. 10 h. Copy of stress sheets and calculations showing that the structure is designed for dead load and wind pressure in any direction in the amount required by this and all other laws and codes of the City. i. .Written consent of the owner or lessee of any site on which the sign is to be erected. J. Any electrical permit required and issued for the sign. k. A detailed description of any electronic or electrical components that are proposed to be added to the sign. 1. Other information to demonstrate compliance with this and all other codes of the City. (4) The sign permit application shall be accompanied by a fee. Fees for the review and processing of sign permit applications shall be imposed in accordance with the fee schedule established by chapter 14 of the City Code. The fee for comprehensive sign plan review shall be identical to site and building plan review. (5) The City shall notify the applicant, in writing, of an incomplete application within fifteen (15) days of the date of submission. (6) The City shall review the application and related materials and shall determine whether the proposal is in compliance with all applicable evaluation criteria, codes and applicable performance standards set forth in this code within sixty (60) days af-submission of a complete application. If the work authorized under.a permit has not been completed within sixty (60) days after the date of issuance, the permit shall be null and Void. - (7) No permit or renewal shall be approved or issued unless the sign and all other signs on the premises of the applicant are in compliance with the regulations of the New Hope Sign Code Section 3-50 et. al. (8) . All signs, including electrical wiring, supporting structure, guy wires or chains, shall be properly maintained and kept in safe condition. A sign or sign structure which is deteriorated, unsafe, defaced or otherwise altered shall be repaired, repainted or replaced by the perInit holder or property owner on which the sign is located. 11 (t) Permit not required. The following signs shall not require a permit and are allowed in addition to those signs allowed by 3-50(k) of this code. These exemptions however shall not be construed as relieving the owner of the sign from the responsibility of its erection and maintenance and its compliance with the provisions of this code or any other law or code regulating the same. (1) The changing of the display surface on an existing painted or poster display sign only. This exemption however shall apply only to poster replacement and/or on site changes involving sign painting elsewhere than directly on a building. (2) Temporary signs six (6) square feet or less in size, not to exceed three (3) feet in height, only in residential zoning districts. Said temporary sign shall not be erected for more than ten (10) calendar days. (3) All noncommercial speech signs of any size posted in any number from August 1 in a state general election year until ten (10) days following general election, and thirteen (13) weeks prior to any special election until ten (10) days following the special election. (4) Official signs. (5) Flags or emblems of a national, federal or state government or memorial signs thereof, displayed on private property (6) One (1) on-premise temporary signshall be allowed per street frontage when a building is offered for sale or lease, provided that: a. Within the R (residential) districts,' no sign shall exceed twelve (12) square feet in area and six (6) feet in height for single-family, two-family, -townhouse, and quadraminium units; or thirty-two (32) square feet in area or eight (8) feet in height for multi-family or institutional uses. b. Within all other zoning districts and in those cases where a parcel of land exceeds ten (10) acres, regardless of its zoning, no sign shall exceed sixty-four (64) square feet in area or ten (10) feet in height. (g) Prohibited signs. The following signs are prohibited: (1) Any sign, signal, marking or device which purports to be or is an imitation of or resembles any official traffic control device or railroad sign or signal, or emergency vehicle signs, or which attempts to 12 direct the movement of traffic or which hides from view or interferes with the effectiveness of any official traffic-control device or any railroad sign or signal. (2) All signs over three hundred (300) square feet in area. (3) All off-premise signs greater than six (6) square feet in area. (4) Changeable copy signs, except as specifically allowed by Section 3-50(k). (5) Content classified as "obscene" as defmed by Minnesota Statutes Section 617.241. (6) Flashing, rotating, moving, shimmering or animated signs. (7) Portable signs, banners, pennants, ribbons, streamers, strings of light bulbs, spinners or similar devices except as allowed by Sections 3-50G)(8) and 3-50(k). (8) Roof signs. (9) Signs painted, attached or in any other manner affixed to trees or similar natural surfaces, or attached to fences, utility poles, bridges, towers, or other public structures. (10) Video display signs. (11) Signs painted directly onto a building walLsurface. (12) Light projection signs. (h) Violations. Any person who violates, disobeys, omits, neglects or refuses to comply with, or resists the enforcement of any of the provisions of this chapter shall, upon conviction thereof, be a petty misdemeanor, punishable by a maximum fine of $300.00. Persons violating this section may be fined in addition to other penalties for Code violations allowed by this code. Any sign violation of this section may be subject to immediate removal by the City, at the expense of the owner, without notice to the property owner or owner of the sign, if different than the property owner. Each day that the violation continues is a separate offense. (1) This chapter shall be administered and enforced by the building official. The building official may institute in the name of the 13 City appropriate actions or proceedings against a violator. (2) Inspection. All signs for which a permit is required shall be subject to inspection by the building official. (3) The City reserves the right to require the removal at the owner's expense of any sign when the requirements of this Section are not completely followed and adhered to, or if a sign is not properly maintained or falls into a state of disrepair. The City shall not have any obligation or liability to replace any sign when removed by the City. (i) Substitution. The owner of any sign which is otherwise allowed by this sign code may substitute non-commercial copy in lieu of any other commercial or non-commercial copy. This substitution of copy may be made without any additional approval or permitting. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over non-commercial speech, or favoring of any particular non-commercial message over any other non-commercial message. This provision prevails over any more specific provision to the contrary. Q) General Regulations (1) All permanent freestanding signs requiring a permit shall be set back ten (10) feet from any property line. No permanent freestanding sign may be placed in the traffic triangle of any corner lot. The traffic triangle is defined as the corner formed by the intersection of two streets or the rights-of-way of a railway intersecting a street. The twenty (20) feet shall be in the form of an isosceles triangle with the two equal 20 foot sides formed by and measured along the property lines and the third side formed by a straight line connecting the corners of each 20 foot point as measured along the property line. (2) Temporary freestanding signs in residential zoning districts not requiring a permit as described in Section 3-50(f) of this code shall be set back a minimum of ten (10) feet from the back of the curb unless a sidewalk is present at the sign location, in which case the sign must be set back behind the sidewalk. On all corner lots, temporary freestanding signs not requiring a permit shall not be permitted within twenty (20) feet, of any corner formed by the intersection of two streets or the rights-of-way of a railway intersecting a street. The twenty (20) feet shall be from the back of the curb of the intersecting streets or railway right-of-way and the third side formed by a straight line connecting the corners of each twenty (20) foot point as measured along the property lines. 14 (3) All building and electrical codes are applicable. All signs shall be wired to conform to subsection 3-22(a)(2) of this code. Sign structures shall be designed to withstand a fifty (50) psf snow load and ninety (90) psf wind pressure. (4) The installation of electrical signs shall be subject to the state's electrical code. Electrical service to a freestanding sign shall be underground. (5) No sign shall be attached or be allowed to hang from any building until all necessary wall and roof attachments have been approved by the building official. (6) No signs, guys, stays or attachments shall be erected, placed or maintained on trees nor interfere with any electrical light, power, telephone or telegraph wires or the supports thereof. (7) Illuminated signs shall be shielded to prevent lights from being directed at oncoming traffic in such brilliance that it impairs the vision of the driver. Illuminated lights shall not interfere with or obscure traffic signs or signals. Glare from illuminated signs shall not exceed one (1) foot candle at the centerline of an adjoining public street or one (1) foot candle at the property line of an adjoining residential use. (8) Temporary signs as permitted within the specific Zoning District. a. The use of banners, pennants, temporary signs .and similar devices shall require a permit valid for no more than ten (10) consecutive days and shall expire automatically after said period. Upon the permit expiration, the applicant shall cease to display any and all signs permitted by the permit unless the applicant has obtained a new permit for said signage. b. No more than five (5) permits per business shall be granted during any twelve (12) month period. If two (2) permits are obtained in succession by any applicant per 3-50G)(8)a, both permits shall be counted for the purpose of determining the yearly limitations of this subsection. c. The area of banner, pennant, temporary sign or similar device shall not exceed the area allowances for the specific zoning district in which the sign is located. d. Permits for any temporary sign pursuant to this section shall 15 be issued only to owners, tenants or their respective agents of commercial or industrial property. Applications must be submitted to the city building official on a form approved by the City a minimum of one (1) business day prior to the special or promotional event when the signs will be used. e. Temporary Sign Standards. 1. All temporary signs must be located on the premises where the event is occurring. 2. Not more than one (1) banner, pennant, temporary sign or similar device shall be displayed for an individual business at anyone time. 3. Signage shall not exceed fifty (50) square feet. 4. In the event sign permits are simultaneously held by multiple tenants in a multiple occupancy building, the signs must be located at least two hundred (200) feet apart. 5. No temporary signs allowed by this section shall be erected or temporarily placed within a public street right-of-way or upon public lands, easements or rights-of-way. Temporary signs must be located on private property. Freestanding signs shall be set back a minimum of fifteen (15)feet from the street curb. The setback shall be measured from the back of curb to that portion of the sign nearest to the curb. f. Temporary signs permitted by subsection 3-50(t) of this code shall be exempt from the requirements of this section; g. Violation of any conditions of this section will result in a forfeiture of additional sign permits for the property under this section for a period of twelve (12) months from the date of violation. The permit forfeiture shall be in addition to any other penalties for code violations allowed by this code. (9) No sign or sign structure shall be erected or maintained that prevents free ingress or egress from any door, window or fire escape. No sign or sign structure shall be attached to a standpipe or fire escape. (10) A freestanding sign or sign structure constructed so that the faces 16 are not back to back, shall not have an angle separating the faces exceeding twenty degrees (200) unless the total area of both sides added together does not exceed the maximum allowable sign area for that district. (11) At least one address sign identifying the correct property number as assigned by City of New Hope shall be required on each principal building in all districts. The address number shall be at least six (6) inches in height for commercial and industrial buildings and shall be at least four (4) inches in height for residential buildings. (12) The area within the frame of a sign shall be used to calculate the square footage, except that the width of a frame exceeding twelve (12) inches shall constitute a sign face, and if such letters or graphics be mounted directly on a wall or fascia or in such way as to be without a frame, the dimensions for calculating the square footage shall be the area extending six (6) inches beyond the periphery formed around such letters or graphics bounded by straight lines connecting the outermost points thereof. Each surface utilized to display a message or to attract attention shall be measured as a separate sign and shall be calculated in the overall square footage. Symbols, flags, pictures, wording, figures or other forms of graphics painted on or attached to windows, walls, awnings, freestanding structures, suspended by balloons, or kites or on persons, animals, or vehicles are considered a sign and are included in calculating the overall square footage. (13) The top of a sign, including its superstructure, if any, shall be no higher than the roof of the building to which such sign may be attached. (14) The area around freestanding signs shall be landscaped with plantings and maintained in such a manner to accent and enhance the sign while remaining sensitive to the natural features of the site. (15) Projecting signs may be allowed in commercial districts provided that: a. There is a minimum of eight (8) feet of clearance under the base of the sign to the ground below. b. The sign does not project more than five (5) feet beyond the wall to which it is mounted, may not project over any vehicular drive aisle or traveled portion of a public or private street and may not project over a public right-of-way. c. The area of the projecting sign is not more than fifty (50) percent of the maximum area allowed for an individual wall 17 sign in the respective zoning district in Section 3-50(k)(2) and 3-50(k)(3) of this code. (k) District Regulations. In addition to the signs allowed by Section 3-50(f) of this code, the following signs shall be allowed within the specific Zoning Districts: (1) Within the R-1, R-2, R-3, R-4 and R-5 Districts, the following additional regulations apply: a. Except for the uses specified in Section 3-50(f) of this code, one (1) sign shall be allowed provided that: 1. The total area of the sign shall not exceed sixteen (16) square feet. 2. One (1) freestanding sign shall be limited to a maximum height of eight (8) feet. b. In addition to the sign allowed by Section 3-50(k)(1)a of this code, monument signs shall be allowed for a subdivision or multiple family site having not less than five (5) lots or dwelling units at its entrance from a street defined by the New Hope Transportation Plan provided that: 1. Not more than one (1) sign shall be allowed per lot street frontage. 2. The area of each sign shall not exceed forty eight (48) square feet. 3. Freestanding signs shall be limited to a maximum height of eight (8) feet. 4. Except for those signs established under the provisions of Section 3-50(k)(I)d, the sign shall not be illuminated. 5. For sign(s) requiring regular long-term maintenance, the sign(s) shall be located on separate or common space of sufficient size and area to accommodate said structure: 1. An association, deed restriction, or ownership involving all the properties within the subdivision 18 shall be required for the sign(s). The association shall own and be responsible for the upkeep, perpetual maintenance, taxes, insurance, utilities and other costs associated with the sign( s) and the site upon which it is located. ii. The association rules or by-laws, or similar legal document, shall specify how the aforementioned sign responsibilities will be delegated and paid for. Such legal document shall be subject to the review and approval of the City Attorney. 111. Separate or common space outlots for signs shall be considered and planned for at the time of preliminary plat application and be included in the final plat. The subdivision development contract between the City and the developer shall specify the designated use of the outlot(s), its ownership and the respective responsibilities regarding the outlot. 6. The area around the sign shall be landscaped in such a manner to accent and enhance the sign while remaining sensitive to the natural features of the site. Detailed site and landscape plans shall be included with each sign permit application and shall be subject to approval by the city building official. 7. The design and construction of area identification signs shall be done with the highest quality materials and workmanship to keep maintenance and upkeep costs to a minimum and to minimize the potential for vandalism. Signs are to be aesthetically pleasing when designed and constructed. The sign shall be compatible with nearby structures in the area. Detailed construction plans and a materials list shall be included with each sign permit application and shall be subject to approval by the city building official. c. Additional signs shall be allowed upon approval of a [mal plat for a subdivision having not less than five (5) lots provided that: 19 1. One (1) sign shall be allowed per project or subdivision or one (1) sign for each frontage to a major collector or arterial street, whichever is greater. 2. The area of the sign shall not exceed thirty two (32) square feet. 3. Freestanding signs shall be limited to a maximum height of eight (8) feet. 4. The sign shall not be displayed for a period to exceed twenty-four (24) months from the date a permit is issued for the sign or until building permits have been issued for eighty-five (85) percent of the lots or dwelling units within the subdivision, whichever is less restrictive. d. Government buildings and structures, public, quasi-public or private recreation buildings, public parks and recreation areas, public and private educational institutions limited to accredited elementary, middle or senior high schools, and religious institutions such as churches, chapels, temples and synagogues shall be allowed the following signs: 1. Not more than two (2) wall signs shall be permitted on the front wall. The combined total area of such sign or signs shall not exceed the lesser of fifteen (15) percent of the area of the front face (including doors and windows), or two hundred fifty (250) square feet. 2. For each principal building on a lot, there shall not be more than one (1) freestanding monument sign except on a corner lot where two signs, one facing each street, shall be permitted. No such signs shall exceed one hundred (100) square feet in area. Monument signs may not exceed twelve (12) feet in height. 3. One (1) changeable copy sign per property, provided it meets the following: i. Changeable copy signs may be a wall, freestanding or monument sign provided it meets the sign area, height, and setbacks of the respective zoning district. 20 ii. The images and' messages displayed on changeable copy signs must be static and the transition from one static display to another must be instantaneous without any special effects with the exception of a scrolling monochromatic message on a single color dark background. iii. Changeable copy signs may change their message no more than once every five (5) seconds. iv. The illuminated face of a changeable copy sign shall be no closer than one hundred (100) feet from any residential use unless they are screened from the adjoining residential property. v. Illumination of the sign face does not exceed five hundred (500) lumens per square foot of the sign face measured one (1) foot from the sign face. vi. Certification from the sign manufacturer shall be provided stating that full illumination of the sign will not exceed five hundred (500) lumens per square foot at the sign face measured one (1) foot from the sign face. vii. Glare from illuminated signs shall not exceed one (1) foot candle measured at the centerline of a public street or at the property line of an adjoining residential property. viii. Changeable copy signs shall not be permitted as window signs. 4. Temporary signage is subject to the provisions of subsection 3-50U)(8) of this code. (2) Within the R-O and R-B Districts the following additional regulations shall apply: a. All residential use regulations in accordance with 3-50(k)(I). b. All commercial use regulations as follows: 21 1. The total area of all signs displayed on a lot shall not exceed fifteen (15) percent of the total building fa9ade fronting not more than two (2) public streets. 2. One (1) freestanding sign is allowed per lot. The area of a freestanding sign may not exceed one hundred (100) square feet each side with a maximum height of thirty (30) feet. 3. For single occupancy buildings, not more than two (2) wall, canopy or marquee signs shall be permitted on a building, except in the case of a corner lot or through lot where wall signs may be installed on two (2) facades fronting a public street. The area of individual signs shall not exceed one hundred (100) square feet. 4. One (1) changeable copy sign per property provided it meets the following: 1. Changeable copy signs may be a wall, freestanding or monument sign provided it meets the sign area, height, and setbacks of the respective zoning district. 11. The images and messages displayed on changeable copy signs must be static and the transition from one static display to another must be instantaneous without any special effects with the exception of a scrolling monochromatic message on a single color dark background. 111. Changeable copy signs may change their message no more than once every five (5) seconds. iv. The illuminated face of a changeable copy sign shall be no closer than one hundred (100) feet from any residential zoning district unless they are screened from the adjoining residential property, or they are limited to operation between 6:00 a.m. and 11:00 p.m. v. Illumination of the sign face does not exceed five hundred (500) lumens per square foot of the sign face measured one (1) foot from the sign face. VI. Certification from the sign manufacturer shall be 22 provided stating that full illumination of the sign will not exceed five hundred (500) lumens per square foot at the sign face measured one (1) foot from the sign face. vii. Glare from illuminated signs shall not exceed one (1) foot candle measured at the centerline of a public street or at the property line of an adjoining residential property. viii. Changeable copy signs shall not be permitted as window signs. 5. Temporary signage subject to the provision of subsection 3- 500)(8) of this Code. (3) Within the LB, CB and I Districts the following additional regulations shall apply: a. The total area of all signs displayed on a lot shall not exceed fifteen (15) percent of the total building fa9ade fronting not more than two (2) public streets. b. One (1) freestanding sign is allowed per lot. The area of a freestanding sign may not exceed one hundred (100) square feet each side with a maximum height of thirty (30) feet. Freestanding signs abutting a freeway or freeway frontage road shall not exceed two hundred (200) feet in area. c.Wall Signs. For single occupancy buildings, not more than two (2) wall signs per building, except in the case of a corner lot or through lot where wall signs may be installed on two (2) facades fronting a public street. The area of individual signs shall not exceed the lesser of fifteen (15) percent of the front face of the principal commercial or industrial building or two hundred fifty (250) square feet. d. A wing or canopy signs. Letters may be painted or otherwise affixed to any permissible awning or canopy as follows: 1. Location. Signs shall be limited to one (1) sign per canopy fascia fronting onto a street. 2. Height. The canopy sign shall not project above or below the physical dimensions of the awnings or canopy fascia. 23 3. Maximum signage. Awning and canopy signage shall not exceed sixteen (16) square feet per sign. Awning and canopy signage shall be included in calculating the maximum sign area of the permissible wall sign. e. Accessory signs to gas sales in conjunction with automobile service stations or convenience stores are permitted in addition to the signs permitted under subsections 3-50(k)(3) of this code. 1. Gasoline and price sign. One (1) sign (single or double faced) per frontage on a public street, suitable for apprising persons of the total price per gallon. The area of such price sign shall not exceed sixteen (16) square feet on either side. Each such sign shall be affixed to the standard of a ground sign or light fixture, and shall state the total price. No sign posting an incomplete price or less than the total sales price is permitted. 2. Signs denoting operating instructions associated with self-service gas facilities including gas pump, air supply and car washes are exempt from the maximum sign area standards of subsection 3-50(k)(3) of this code. f. One (1) changeable copy sign provided it meets the following: 1. A changeable copy sign may be a wall, freestanding or monument sign provided it meets the sign area, height, and setbacks of the respective zoning district. 2. The images and messages displayed on changeable copy signs must be static and the transition from one static display to another must be instantaneous without any special effects with the exception of a scrolling monochromatic message on a single color dark background. 3. Changeable copy signs may change their message no more than once every five (5) seconds. 4. The illuminated face of a changeable copy sign shall be no closer than one hundred (100) feet from any residential 24 zoning district unless they are screened from the adjoining residential property. 5. Illumination of the sign face does not exceed five hundred (500) lumens per square foot of the sign face measured one (1) foot from the sign face. 6. Certification from the sign manufacture shall be provided stating that full illumination of the sign will not exceed five hundred (500) lumens per square foot at the sign face measured at the sign face. 7. Glare from illuminated signs shall not exceed one (1) foot candle measured at the centerline of a public street or at the property line of an adjoining residential property. 8. Changeable copy signs shall not be permitted as window signs. g. Window signs shall not exceed thirty-three (33) percent of the total area of the window in which they are displayed. h. Temporary signage subject to the provision of subsection 3-50(j)(8) of this Code. 1. Signs accessory to multiple occupancy business and industrial uses, including shopping centers. When a single principal building is devoted to two (2) or more businesses or industrial uses, a comprehensive sign pIan for the entire building or shopping center shall be submitted and shall include the information required by subsection 3-50(k)(3)(i)(1) of this code to permit a determination as to whether or not the plan is consistent with subsections 2 through 3 of section 3-50(k)(3)(i). No permit shall be issued for an individual use except upon a determination that it is consistent with a previously or concurrently approved comprehensive sign plan. The effect of said comprehensive sign plan is to allow and require the owner of multiple occupancy structures to determine the specific individual sign requirements for the tenants of his building. As sign locations, size and other sign details may be of some significant importance in lease arrangements between owner and tenant, it is the City's intention to establish general requirements for the overall building only, thus providing a building owner with both the flexibility and responsibility to deal with his individual tenants on their specific sign needs. 1. Comprehensive sign plan information. The applicant shall prepare a written and graphic comprehensive sign plan for 25 submission to the City. Said plan shall include, but not be limited to the following information: 1. Sign location (both wall signs and freestanding signs) . 11. Sign area. 111. Sign height. iv. Scaled building elevations. v. Scaled floor plan that outlines tenant bays. vi. Identification of sign design. vii. Sign construction drawings (sections). viii. The council, planning commission and city staffmay request additional information from the applicant concerning the application or may retain expert opinions at the expense of the city, or may require as a condition of proceeding with its consideration that the applicant furnish expert opinion and data at the expense of the applicant. 2. Wall signs. i. Maximum area. The total allowable sign area for a multiple occupancy structure shall not exceed fifteen (15) percent of the combined wall surfaces on walls which abut streets in business or industrial zoning districts. No individual tenant identification sign may exceed one hundred (100) square feet in area. 11. No multiple occupancy structure may display more than two overall building signs. Said overall building signs shall fall within the maximum wall sign area for multiple occupancy buildings. 111. Tenant signs. Individual tenants located within multiple occupancy structures shall be permitted to display individual signs, if they have separate exterior entrances to their use or they are tenants in a shopping center, in which case, not more than one 26 sign may be displayed. A tenant occupying a corner location fronting two streets may display signs to both street frontages. iv. Changeable copy wall signs are permitted subject to the provisions of Section 3-50(k)(3)f of this code. 3. Freestanding sign. 1. Shopping centers. Shopping centers containing more than four separate distinct occupancies may erect one freestanding sign per street frontage, not to exceed two freestanding shopping center signs per site (single or double faced). a. Each ground sign may not exceed two hundred (200) square feet in area, nor thirty (30) feet in height. In lieu of multiple freestanding signs, the shopping center may have a single freestanding sign not to exceed three hundred (300) square feet in area nor thirty (30) feet in height. b. Changeable copy signs are permitted subject to the provisions of Section 3- 50(k)(3)f of this code. ii. Other multiple occupancies. a. Multiple occupancy structures other than shopping centers, or shopping centers having four or less separate and distinct occupancies, may erect one (1) ground sign in accordance with the provisions of subsection 3-50(k)(3)b of this code and may identify each separate and distinct occupancy on said ground sign. b. Changeable copy signs are permitted subject to the provisions of Section 3-40(k)(3)f of this code. iii. Single occupancy freestanding satellite sites. Not more than one freestanding sign shall be permitted per satellite site. 27 a. Freestanding signs shall not exceed one hundred (100) square feet in area. b. Freestanding signs shall not exceed thirty (30) feet in height. c. Changeable copy signs are permitted subject to the provisions of Section 3-50(k)(3)(f) of this code. (I) Nonconforming signs and sign structures. Signs and sign structures found to be nonconforming with the provisions of this code as of May 30, 2008 shall be subject to the following provisions: (1) Prohibitions. A nonconforming sign may not be: a. Changed to another nonconforming sign. b. Structurally altered except to bring into compliance with the provisions of this sign code. c. Expanded. d. Re-established after its removal for thirty (30) days. e. Re-established after damage of more than fifty (50) percent of sign replacement cost after a period of one hundred eighty (180) days. (2) Maintenance. Normal maintenance, such as painting, repairing without removal, cleaning, maintaining, electrical wiring and appurtenances on site and changing or repairing fasteners or guy wires or chains shall be permitted on any legal nonconforming sign. (m) Sign variance. Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the provisions of this section, the City Council has the power to vary the requirements of this section in harmony with the general purpose and intent hereof, so that the public health, safety and general welfare may be secured and substantial justice done. When considering a variance, the city council shall make a finding of fact and grant approval based upon the following conditions: (1) Unique conditions. That the conditions involved are unique to the particular parcel of land or use involved. 28 (2) Variance purpose. That the purpose of the variance is not based exclusively upon a desire to increase the value or income potential of the business involved. (3) Cause of hardship. That the alleged difficulty or hardship is caused by this sign code and has not been created by any persons presently having an interest in the parcel. (4) Effect of variance. That the granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements to the neighborhood. (5) Impairment of light and air. That the variance will not impair an adequate supply of light and air to adjacent property. (6) Impairment of police and fire functions. That the variance will not impair or substantially increase the congestion of the public streets, or interfere with the function of the police and fire departments of the city. (n) Review procedures and informational requirements. (1) Sign application. The applicant must complete and submit a sign permit application for approval by the city council. (2) Permit issued if application is in order. The City building official, upon the filing of an application for a permit, shall examine such plans, specifications and other data and the premises upon which it is proposed to erect the sign. If it appears that the proposed structure is in compliance with all requirements of this chapter and all other laws and ordinances of the City, the permit shall be issued. If the work authorized under a permit has not been completed within sixty (60) days after the date of issuance; the permit shall be null and void. (3) City Council approval. When this chapter requires City Council approval for a sign, the application shall be processed in accordance with the procedural and substantive requirements of the New Hope Zoning Ordinance for a conditional use permit. Section 3. Effective Date. This Ordinance shall be effective upon its passage and publication of a summary of Ordinance No. 08-03 adopted by the New Hope City Council meeting on May 27,2008. 29 Dated the 27th day of May, 2008. l1E /, L,-' f~ .....a11l~7 Martin \ . Opem Sr., Mfor '-..J/ -,L. Attest: /2l(? f {.C.{ /,JI~2/OF/Le Valerie Leone, City Clerk (Published in the New Hope-Golden Valley Sun-Post the 5th day of June , 2008.) P:\AllomeyISASII Clienl Filesl2 City of New Hope199.80803 (recodific:uion sign cod.)IOrd 08-03 recodify Sign Code.doc 30 SUMMARY OF ORDINANCE NO. 08-03 AN ORDINANCE ADOPTING A NEW SIGN CODE FOR THE CITY OF NEW HOPE AND REPEALING IN ITS ENTIRETY SECTION 3-40 OF THE NEW HOPE CITY CODE The following is a surmnary of Ordinance No. 08-03 which is hereby approved this 27th day of May, 2008 by the New Hope City Council for official publication. The Council hereby determines this surmnary ordinance clearly informs the public of the intent and effect of Ordinance No. 08-03. A printed copy of the entire text of Ordinance 08-03 is available for inspection at the office of the New Hope City Clerk. The entire text of Ordinance 08-03 is also posted and available for inspection at the New Hope Ice Arena and on the City's internet web site under "Hot Topics". 1. The title of Ordinance No. 08-03 is "An Ordinance Adovting A New Sign Code For The City Of New Hove And Revealing In Its Entiretv Section 3-40 Of the New Hove Citv Code ". 2. Section One of the Ordinance repeals in its entirety the City's existing Sign Code codified as section 3-40 ofthe New Hope City Code. 3. Section Two of the Ordinance adopts the City's new Sign Code codified as section 3-50 of the New Hope City Code. The new Sign Code was renumbered as section 3-50 to avoid confusion with the provisions of the existing Sign Code repealed by Ordinance 08- 03. The new sign code consists of 14 subsections identified as sections 3-50(a) through (n). The title of and summary description of these subsections for section 3-50 are as follows: (a) Preamble - This subsection sets forth the Council's reasons and concerns for adopting a new sign code. Basically, to ensure the sign code is constitutionally sound while still protecting the health, welfare and safety of City residents. (b) Findings, title. purpose. intent and effect - This subsection makes various findings concerning the need to regulate exterior signs within the City. These findings determine signage has an impact on the quality and character of the environment but also provides an important communication medium to the public. The findings also conclude sign regulation is necessary to guard against traffic hazards and aesthetic concerns detrimental to property values potentially caused by the proliferation of uillegulated signage. This subsection specifically indicates sign regulations must be content neutral without concern for the content of a sign's displayed message. The purpose and intent of the code is to regulate the number of and physical characteristics of signs, protect against visual clutter caused by too much signage and to provide for fair and consistent enforcement of the sign code. (c) Severability - This subsection indicates the various subsections of the sign code are independent of each other. If one section of the code is declared invalid, it does not impact the validity of the other code sections. (d) Rules and definitions - This subsection sets out 62 definitions applicable to the regulations of the sign code. It also makes the rules of construction set out in Chapter 1 applicable to the sign code. Further, it incorporates the zoning code definitions found in Chapter 4 and indicates the zoning code definitions are applicable if a word or term is not defined by the sign code definitions set out in this subsection. Also, any inconsistencies between the definitions of the sign code and zoning code are controlled by the sign code. (e) Permit required - This subsection indicates when a city permit is required for a sign. It also sets out the application process including the information and fee required by the City for a sign permit. It indicates permits can be revoked if signs are improperly maintained. (f) Permit not required - This subsection indicates the types of signs that can placed on property without a permit. A permit is not required for the following signs (not an exhaustive list): temporary signs 6 square feet or less, noncommercial speech and political signs posted in a state general election according to Minnesota statutes, official signs of a public noncommercial nature, flags of a federal or state government, one on-premise temporary sign for the sale or lease of a building meeting size and height requirements that vary depending on the zoning district. (g) Prohibited signs - This subsection indicates the types of prohibited signs. These signs include the following (not an exhaustive list): any sign that resembles a traffic control device, any sign over 300 sq. feet in area, off premise signs greater than 6 sq. feet in area, changeable copy signs unless allowed by 3-50(k), signs containing obscene content as defined by Minn; Stat. 9617.241, flashing, rotating, moving or shimmering signs, portable signs except as allowed by sections 3-500)(8) and 3-50(k) of this code, roof signs, signs painted or attached to trees or other natural surfaces, fences, utility poles, bridges, towers or other public structures, video display signs, signs painted directly onto buildings and light projection signs. (h) Violations - This subsection indicates any violation of this code is a petty misdemeanor subject to a fine up to $300.00. Further, each day that a violation continues will be deemed a separate violation so that the $300.00 fine can be cumulative in nature. A violation will also subject a sign to immediate removal by the City and subject the sign owner for costs of removal in addition to the fines. The sign code shall be enforced by the building official for the City who shall be responsible for all sign inspections as well. (i) Substitution - This subsection allows the owner of an approved sign to freely substitute a sign's message without approval of the City. The purpose of this 2 prOVISIOn is to clearly establish that commercial speech is not favored over noncommercial speech. The sign code is intended to be content neutral. (j) General regulations - This subsection sets out the general regulations for all signs in all zoning districts of the City. Among other regulations, it governs setback requirements, electrical wiring standards, methods and manner of sign attachment to buildings, lighting requirements for illuminated signs, use of temporary signs for business promotion, construction regulations for free standing signs, requirements for address and identification signs, the manner in which sign area is calculated, the height of signs attached to buildings, a requirement for landscaping around free standing signs and regulations governing projecting signs in commercial districts. (k) District regulations - This subsection sets out the types of signs and sign regulations specific to each zoning district in addition to those signs and regulations described in sections 3-50(f) and G) of this code. In the R-l through R-5 zoning districts one sign not exceeding 16 sq. feet in area or 8 feet in height is allowed. Also an identification monument, not exceeding 48 sq. feet in area and 8 feet in height is allowed for residential subdivisions of 5 lots or more subject to home owner association maintenance regulations and street setback requirements. Government buildings, recreational buildings, public parks, educational buildings and religious buildings in a residentially zoned district are allowed 2 wall signs not to exceed 250 sq. feet and one free standing monument sign not to exceed 100 sq. feet in area and 12 feet in height. One of the aforementioned signs may be a changeable copy sign subject to regulations for brightness and speed of copy change. In the R-O and R-B zoning districts signs of a commercial nature are permitted. The regulations specifically govern total sign area based on total building fayade and street frontage. The subsection permits one free standing sign not to exceed 100 sq. feet in area and 30 feet in height. Single occupancy buildings are allowed 2 wall signs except comer lot buildings may have 2 wall signs per street frontage. No wall sign may exceed 100 sq. feet. Also, one of the signs described may be a changeable copy sign subject to regulations for brightness and speed of copy change. In the LB, CB and I zoning districts this subsection provides for regulations that specifically govern total sign area based on total building fayade and street frontage as in the R-O and R-B districts. One free standing sign per lot is allowed not to exceed 100 sq. feet in area per side and 30 feet in height. Free standing signs abutting a freeway may be 200 sq. feet in area. For single occupancy buildings, 2 wall signs are permitted except that comer lot buildings may have 2 signs per street frontage. Individual signs may not exceed 250 sq. feet in area. Awning or canopy signs are also permitted but not to exceed 16 sq. feet in area per sign and subject to location and height restrictions as set out in the subsection. Also, various accessory signs are permitted in conjunction with gasoline stations andJor convenience stores. In the LB, RB or I district one of the permitted signs may be a changeable copy sign subject to regulations for brightness and speed of copy change. Window signs are permitted but 3 shall not exceed 33 percent of the total area of the window in which they are displayed. In a principal building devoted to multiple occupancy business, including shopping centers, a comprehensive sign plan for the entire building must be submitted for City approval. Subsection (k) also sets out the required comprehensive sign plan application information for multiple occupancy buildings. The comprehensive sign plan requirements govern all wall signs, freestanding signs and changeable copy signs for multiple occupancy buildings. (I) Nonconforming signs and sign structures - This subsection indicates how legal signs made nonconforming by this new sign code shall be treated in the future. Specifically, to be a legal nonconforming sign, it must be in existence as of May 30, 2008. Legal nonconforming signs may be maintained and repaired but may not be changed to another nonconforming sign, may not be structurally altered or expanded, may not be re-established if removed for a period over 30 days and may not be replaced if it is damaged in excess of 50% of its replacement costs. (m) Sign variance - This subsection establishes a procedure for the council to vary the requirements of the Sign Code if certain conditions exist which would make it unfair or impractical to strictly enforce the provisions of this Sign Code. Unique non- economic conditions specific to a property not caused by the owner of the property or sign would be considered by the City Council in granting a variance request from the provisions of this sign code. (n) Review procedures and informational requirements - This subsection indicates all sign permit request will be processed in the same manner as a conditional use permit under the zoning code. An applicant must submit an application on forms as required by the City and the sign installation work must be completed within 60 days after the date of issue otherwise the permit shall be null and void. 4. Section Three makes the Ordinance effective upon publication of this summary. Dated this 27th day of May, 2008. 4 / //) J.(~' - '_S/ ..._ . / Attest: hl. (LLL(~;ZtCt~1/U2..-. Valerie Leone, City Clerk (Published in the New Hope-Golden Valley Sun-Post the 5th day of P:\-\nomey'$AS\l Client Files'2 City of New Hope'\99~80803 (recodification sign code)\summary ofOrd 08~03.doc 5 June , 2008.) . - Including Penalty for Violation" and Section 11.99 entitled ~Violation a Misdemeanor" are hereby adopted in their en. tirety, by reference, as though repeated verbatim herein_ Section 4. This ordinance shall take effect from and after its passage and publication as required by law. Adopied by the City Council this 20th day of May, 2008. /sllinda R. Loomis Linda A. Loomis, Mayor ATTEST: Is/Susan M. Virnig Susan M. Virnig, City Clerk (June 5, 2008) p2-ord 398 City of Crystal (Official Publication) CITY OF CRYSTAL BOARD & COMMISSION OPPORTUNITIES Are you interested in getting involved in your local gov- ernment and community? Serving on a city board or com- mission is an exciting way to make a positive difference in your city. If you'd like more information about these vol- untary positions, you may visit the city's web site' at www.cLcrystaLmn.us or contact the city clerk at 763-531- 1145. Planning Commission One vacancy exists in Ward 4 of this 9-member com- mission. This commission has those powers and duties assigned to it by Minnesota Statutes, section 462_351 to 463.364 (the Municipal Planning Act) and by the City Code, section 305.29. The commission is designated the planning agency of the city in accordance with Minnesota Statutes, section 462.354. Meetings are held monthly on the secqnd Monday at 7:09 p.m. Shingle Creek Watershed Manaaement Organization II alternate vacancy exists on this commission that , manages the water resources to enhance water ,!y within its watersheds. This commission is com- posed of representatives from the cities of Brooklyn Cen. ter, Brooklyn Park, Crystal, Maple Grove, Minneapolis, New Hope, Osseo Plymouth, and Robbinsdale. Appli- cants for Crystal may be from.the city at large. Meetings are held monthly on the second Thursday at 12:45 p.m. at Lancer's of Edinburgh. Visit the organization's web site at www.shinolecreek.org for more information. Environmental Qualitv Commission Two vacancies exist on this 1 O-member commission. Its charge is to advise the City Council on the conservation of environmental resources and environmental issues. Applicants may be from the city at large. Meetings are held monthly on the third Thursday at 7 p.m. Human Rights Commission Six vacancies exist on this 1 O-member commission. Its charge is to advise the City Council in matters and prob- lems relating to discrimination issue as well as working to improve human relations, attitude, and a positive behav. ior climate in the city. Applicants may be from the city at large. Meetings are held monthly on the fourth Monday at '7:00 p.m. (June 5, 2008) p2.commission vacancies I City of New Hope (Official Publication) SUMMARY OF ORDINANCE NO. 08-03 AN ORDINANCE ADOPTING A NEW SIGN CODE FOR THE CITY OF NEW HOPE AND REPEALING IN ITS ENTIRETY SECTION 3-40 OF THE NEW HOPE CITY CODE The following is a summary of Ordinance No. 08-03 which is hereby approved this 27th day of May, 2008 by the New Hope City Council for official publication. The Council hereby determines this summary ordinance clear- ly informs the public of the intent and effect of Ordinance No. 08-03. A printed copy of the entire text of Ordinance 08-03 is available for inspection at the office of the New Hope City Clerk. The entire text of Ordinance 08-03 is also iI"d and available for inspection at the New Hope Ice . and on the City's internet web site under "Hot Top. '- 1. The title of Ordinance No. 08.03 is "An Ordinance Adootina A New Sian Code For The City Of New Hope And ReDealina In Its Entirety Section 3-40 Of the New Hooe City Codlif". 2. Section One of the Ordinance repeals in its entirety the City's existing Sign Code codified as section' 3-40 of the New Hope City Code. 3.. Section Two of the Ordinance adopts the City's new Sign Code codified as section 3.50 of the New Hope City Code. The new Sign Code was renumbered as section 3. 50 to avoid confusion with the provisions of the existing Sign Code repealed by Ordinance 08.03. The new sign code consists of 14 subsections identified as sections 3- 50 (a) through ,(n). The title of and summary description of these subsections for section 3-50 are as follows: (a) Preamble - phis subsection sets forth the Council's reasons and concerns for adopting a new sign code. Ba- sically, to ensure the sign code is constitutionally sound while still protecting the health, welfare and safety of City residents. (b) Findings, title, purpose, intent and effect - This sub- section makes various findings concerning the need to regulate exterior signs within the City. These findings de- termine signage has an impact on the quality and charac- ter of the environment but also provides an important com- munication medium to the public. The findings also con- clude sign regulation is necessary to guard against traffic hazards and aesthetic concerns detrimental to property values potentially caused by the proliferation of unregu- lated signage. This subsection specifically indicates sign regulations must be content neutral without concern for the cqntent of a sign's displayed message. The purpose : and intent of the code is to regulate the number of and physical characteristics of signs, protect against visual clutter caused by too much signage and to provide for fair and consistent enforcement of the sign code. (c) Severability - This subsection indicates the various subsections of the sign code are independent of each other. If one section of the code is declared invalid, it does not impact the validity of the other code sections. (d) Rules and definitions - This subsection sets out 62 de- finitions applicable to the regulations of the sign code. It also makes the rules of construction set out in Chapter 1 applicable to the sign code. Further, it incorporates the zoning code definitions found in Chapter 4 and indicates the zoning code definitions are applicable if a word or term is not defined by the sign code definitions set out in this subsection. Also, any inconsistencies between the defini. tions of the sign code and zoning code are controlled by the sign code. (e) Permit required - This subsection indicates when a city permit is required for a sign. It also sets out the appli. cation process including the information and fee required by the City for a sign permit. It indicates permits can be re- voked if signs are improperly maintained. (f) Permit not required - This subsection indicates the types of signs that can placed on property without a per. mit. A permit is not required for the following signs (not an exhaustive list): temporary signs 6 square feet or less, noncommerciai speech and political signs posted in a state general election according to Minnesota statutes, of- ficial signs of a public noncommercial nature, flags of a federal or state government, one on-premise temporary sign for the sale or lease of a building meeting size and height requirements that vary depending on the zoning district. (g) Prohibited signs - This subsection indicates the types of prohibited signs. These signs include the following (not an exhaustive list): any sign that resembles a traffic con. trol device, any sign over 300 sq. feet in area, off premise signs greater than 6 sq. feet in area, changeable copy signs unless allowed by 3-50(k), signs containing obscene content as defined by Minn. Stat. 9617.241, flashing, roo tating,.moving or shimmering signs, portable signs except as allowed by sections 3.50U)(8) and 3-50(k) of this code, roof signs, signs painted or attached to trees or other nat- ural surfaces, fences, utility poles, bridges, towers or other public structures, video display signs, signs painted di- rectiy onto buildings and light projection signs. (h) Violations - This subsection indicates any violation of this code is a petty misdemeanor subject to a fine up to $300.00. Further, each day that a violation continues will be deemed a separate violation so that the $300_00 fine can be cumulative in nature. A violation will also subject a sign to immediate removal by the City and subject the sign owner for costs of removal in addition to the fines. The sign code shall be enforced by the building official for the City who shall be responsible for all sign inspections as well. (i) Substitution. This subsection allows the owner of an approved sign to freely substitute a sign's message with- out approval of the City. The purpose of this provision is to c1eariy establish that commercial speech is not favored over noncommercial speech. The sign code is intended to be content neutral. Ul General regulations - This subsection sets out the general regulations for all signs in all zoning districts of the City. Among other regulations, it governs setback require- ments, electrical wiring standards, methods and manner of sign attachment to buildings, lighting requirements for illuminated signs, use of temporary signs for business pro. motion, construction regulations for free standing signs, requirements for address and identification signs, the manner in which sign area is calculated, the height of signs attached to buildings, a requirement for landscaping around free standing signs and regulations governing pro. jecting signs in commercial districts. (k) District regulations - This subsection sets out the types of signs and sign regulations specific to each zon- ing district in addition to those signs and regulations de- scribed in sections 3-50(f) and Ul of this code. In the R-1 through R.5 zoning districts one sign not exceeding 16 sq. feet in area or 8 feet in height is allowed. Also an identifi. cation monument, not exceeding 48 sq. feet in area and 8 feet in height is allowed for residential subdivisions of 5 lots or more subject to home owner association mainte- nance regulations and street setback requirements. Government buildings, recreation a: buildings, public parks, educational buildings and religious buildings in a residentially zoned district are_ allowed 2 wall signs not to exceed 250 sq. feet and one free standing monument sign not to exceed 100 sq. feet in area and 12 feet in height. One of the aforementioned signs may be a changeable copy sign subject to regulations for brightness and speed of copy change. In the R.O and R.B zoning districts signs of a commercial nature are permitted. The regulations specifically govern total sign area based on total building fa9ade and street frontage. The subsection permits one free standing sign not to exceed 100 sq. feet in area and 30 feet in height. Single occupancy buildings are allowed 2 wall signs ex- cept corner lot buildings may have 2 wall signs per street frontage. No wall sign may exceed 100 sq. feet. Also, one of the signs described may be a changeable copy sign subject to regulations for brightness and speed of copy change. . In the LB, CB and I zoning districts this subsection pro- vides for regulations that specifically govern total sign area based on total building fa9ade and street fro~tage as in the R-O and R-B districts. One free standing sign per lot is allowed not to exceed 100 sq. feet in area per side and 30 feet in height. Free standing signs abutting a free- way may be 200 sq. feet in area. For single occupancy buildings, 2 wall signs are permitted except that corner lot buildings may have 2 signs per street frontage. Individual signs may not exceed 250 sq. feet in area. Awning or canopy signs are also permitted but not to exceed 16 sq. feet in area per sign and subject to location and height reo strictions as set out in the subsection. Also, various ac- cessory signs are permitted in conjunction with gasoline stations and/or convenience stores. In the LB, RB or I dis- trict one of the permitted signs may be a changeabie copy sign subject to regulations for brightness and speed of copy change. Window signs are permitted but shall not ex- ceed 33 percent of the total area of the window in which they are displayed. In a principal building devoted 10 mulliple.occupancy busi. ness, including shopping centers, a comprehensive sign pian for the entire building must be submitted for City ap. provaL Subsection (k) also sets out the required compre- hensive sign pian application information for multi pie oc. cupancy buildings. The comprehensive sign plan require- ments govern all \'iall signs, freestanding signs and changeable copy signs for multiple occupancy buildings. (I) Nonconforming signs and sign structures - This sub. section indicates how legal signs made nonconforming by this new sign code shall be treated in the future. Specifi. cally, to be a legal nonconforming sign, it must be in exis- tence as of May 30, 2008. Legal nonconforming signs may be maintained and repaired but may not be changed to an. other nonconforming sign, may not be structurally altered or expanded, may not be re-established if removed for a period over 30 days and may not be replaced if it is dam. aged in excess of 50% of its replacement costs. (m) Sign variance - This subsection establishes a proce- dure for the council to vary the requirements of the Sign Code if certain conditions exist which would make it unfair or impractical to strictly enforce the provisions of this Sign Code. Unique non-economic conditions specific to a prop- erty not caused by the owner of the property or sign would be considered by the City Council in granting a variance request from the provisions of this sign code. (n) Review procedures and informational requirements. This subsection indicates all sign permit request will be processed in the same manner as a conditional use per- mit under the zoning code. An applicant must submit an application on forms as required by the City and the sign installation work must be compieted within 60 days after the date of issue otherwise the permit shall be null and void. 4. Section Three makes the Ordinance effective upon publication of this summary. Dated this 27th day of May, 2008. Attest: Martin E. Opem Sr., Mayor Valerie Leone, City Cieri< (Published in the New Hope-Golden Valley Sun-Post the 5th day of June, 2008.) (June 5, 2008) p2.0rd 08-03 Public Notice of Dissolution (Official Publication) NOTICE TO CREDITORS YOU ARE HEREBY NOTIFIED that DiFiore Cons~lt- ing, LLC, a Minnesota Limited Liability Company, ~as diS- solved and is in the process of windin.g up itS affairS. I?" Fiore Consulting, LLC has filed a Notice of Intef);}9Dls- solve with the Minnesota Secretary ';:f ;Jat:;'~~t:~p}~ ~r~~:dN~~~~~~t~1:~~?~~;i~fk~:~.Di80[~'2~~~~\~i!1 (May 22,29, June 5 & 12, 2008)p2'0 Legal Notices conf CII!M - --= = ~~~~~r~~rt~~~j~i~i= '==: - --.-............,.........- - ...~-== ==== City of New Hope (Official Publication) SUMMARY OF ORDINANCE NO. 08-03 AN ORDINANCE ADOPTING A NEW SIGN CODE FORTHE CITY OF NEW HOPE AND REPEALING IN ITS ENTIRETY SECTION 3-40 OFTHE NEW HOPE CITY CODE (June 5. 2008) p2.0rd 08-03 4>.~' \~.' v.'"' $: ,-$-.... ~' ~(J ~C) (:,~ ~ ~ ~~ ~~ J r-ij ~ ..v ~, ()' ~(;j ~'1 .~ O~:~ , ~O~f, '?' "'.o.e ~e~. '?'.o.e~ ,. ~' ~ ~,o .'?' · newsp-ape..s AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ) ss, COUNTY OF HENNEPIN ) Richard Hendrickson, being duly sworn on an oath, states or affirms that he is the Chief Financial Officer of the newspaper(s) known as GV; NH, Crystal, Robbinsdale Sun-Post and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provid- ed by Minn. Stat. S331A.02, S331A.07, and other applicable laws as amended. (B) The printed public notice that is attached was published in said newspaper(s) once each week, for ~ successive week(s); it was first published on Thurs- day, the -L day of June , 2008, and was thereafter printed and published on every Thursday to and in- cluding Thursday, the __ day of . ,2008; and printed below is a copy of the lower case alpha- bet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcde Ig hi j kl mno pq rs tuvwxyz ~~d(; CFO Subscribed and sworn to or affirmed before me on this ~ day of June , 2008. e MARY ANN CARLSON NOTARY PU8UC - MINNESOTA MY COMMISSION EXPIRES 1-3Hl9 . ORDINANCE NO. 08-04 AN ORDINANCE AMENDING NEW HOPE CODE ~10-40(a)(2) REGULATING THE NUMBER OF "OFF SALE" LIQUOR LICENSES The City Council of the City of New Hope ordains: Section 1. Section 10-40(a) "License required, intoxicating liquor" of the New Hope City Code is hereby amended by amending subsection (2) "Number of off sale licenses" to read as follows: (2) Number of off sale licenses. The maximum number of off sale licenses which shall be issued by the city is Section 2. Effective Date. This Ordinance shall be effective upon its passage and publication. Dated the 28th day of April, 2008. ,1. fi ~ ~ /P ~ l;"fl/~ . ^"""m,-' /~,F'J j / /7a-L "fAt ((j~1: ' Mmiin E. Opem Sf' Mayor ~ Attest: f~ (~-L Valerie Leone, City Clerk (Published in the New Hope-Golden Valley Sun-Postthe 8th day of May ,2008.) -1- CII!M - ~= =:~:~:}}~{:~:}~= ~ - - -- .-.:.;~~~.:~~- - newspape..s AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) Richard Hendrickson, being duly sworn on an oath, states or affirms that he is the Chief Financial Officer of the newspaper(s) known as GV, NH, Crystal, Robbinsdale Sun-Post and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements consiituting qualifica- tion as a qualified newspaper as provid- ed by Minn. Stat S331A.02, S331A.07, and other applicable laws as amended. (B) The printed public notice that is attached was published in said newspaper(s) once each week, for ~ successive week(s); it was first published on Thurs- day, the ---.L day of Mav 2008. and was thereafter printed and published on every Thursday io and in- cluding Thursday, the ____ day of ,2008; and printed below is a copy of the lower case alpha- bet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcdetg hijklmnopq rstuvwxyz ~ 'By:,:t~ . c1( . CFO MARY ANN CARLSON NOTARY PUBUC - MINNESOTA MY COMMISSION EXPIRES 1-31-09 City of New Hope (Official Publication) ORDINANCE NO. 08-04 AN ORDINANCE AMENDING NEW HOPE CODE S10-40{a)(2) REGULATING THE NUMBER OF "OFF SALE" LIQUOR LICENSES The City Council of the City of New Hope ordains: Section 1. Section 10-40(a) "License required. intox. icating liquor' at the New Hope City Code is hereby amended by amending subsection (2) "Number of off sale licenses' to read as follows: (2) Number of off sale licenses. The maximum num- ber of off sale licenses which shall be issued by the city is ~seven. Section 2. Effective Date. This Ordinance shall be ef. fective upon its passage and publication. Dated the 28th day of April, 2008. Atlest: Valerie Leone. City Clerk (Published in the New Hope-Golden Valley Sun-Post the 8th day of April. 2008.) (May 8,2008) p2-0rd 08.04 ORDINANCE NO. 08-05 AN ORDINANCE AMENDING NEW HOPE CODE SECTION 14-8(10) ESTABLISHING FEES FOR DRY CLEANING AND LAUNDERING LICENSE The City Council of the City of New Hope ordains: Section 1. Section 14-8(10) "Self-service coin operated d,y cleaning license fee" ofthe New Hope City Code is hereby amended to read as follows: (10) Self-service coin operated d,y cleaning2!:hfJ:.W(!q.L'i~lg license fee. The fee amount forJ:) self-service coin operated dry cleaninKQcl~11LLld.,::dn.,g license as required by subsection 8-12( c )cs;;djhi.~ is $50.00 per calendar year. Section 2. Effective Date. This Ordinance shall be effective upon its passage and publication. Dated the 2ih day of May, 2008. JJ p Attest: IdJ2U/~ (/ju-~ Valerie Leone, City Clerk (Published in the New Hope-Golden Valley Sun-Post the 5th day of June ,2008.) -1- CI!M ----- -.::;:;:;:;:::;:::;:;:;:;:;::::--- - -- --;.;.;.;.:.;.;.;.;.:.;.;.;-- - - -'-"""lW<= = -- newspalle..s AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) Richard Hendrickson, being duly sworn on an oath, states or affirms that he is the Chief Financial Officer of the newspaper(s) known as GII, NH, Crystal, Robbinsdale Sun-Post and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provid- ed by Minn. Stat. {l331A.02, {l331A.07, and other applicable laws as amended. (8) The printed public notice that is attached was published in said newspaper(s) once each week. for one successive week(s); it was first published on Thurs- day, the day of June 2008. and was thereafter printed and published on every Thursday to and in. cluding Thursday, the _____ day of 2008: and printed below is a copy of the lower case alpha- bet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: a bcde I g h i i kl m n opq rs tu vw x yz '::;;;:~c1[ CFO Subscribed and sworn to or affirmed before me on this ~ day of June . 2008. e MARY ANN CARLSON NOTARY PUBUC - MINNESOTA MY COMMISSION EXPIRES 1-3H)9 City of New Hope (Official Publication) ORDINANCE NO. 08-05 AN ORDINANCE AMENDING NEW HOPE CODE SECTION 14-8(10) ESTABLISHING FEES FOR DRY CLEANING AND LAUNDERING LICENSE The City Council of the City of New Hope ordains: Section 1. Section 14.S( 10) .. Self. service coin oper- ated dry cleaning license fee' of the New Hope City Code is hereby amended to read as foffows: (10) Self'service coin operated dry cleaning..Q[ launderino license fee. The fee amount for..i! self.service coin operated dry cleaning or launderino license as reo quired by subsection S.12(c) of this code is 550.00 per cal- endar year. Secfion 2. Effective Date. This Ordinance shaff be ef- fective upon its passage and publication. Dated the 27th day of May, 200S. Martin E. Opem. Sr.. Mayor Attest: Valerie Leone. City Clerk (Published in the New Hope.Golden Valley Sun-Post the 5th day of June. 200S.) (June 5. 200S) p2-0rd OS-OS ORDINANCE NO. 08-07 AN ORDINANCE AlVIENDING OFF-SALE LIQUOR LICENSE FEE The City Council of the City of New Hope ordains: Section 1. Section 14-12(2) "Intoxicating liquor license fee" ofthe New Hope City Code is hereby amended by amending subsection 14-12(2)(c) " Off-sale" to read as follows: c. Off-sale. . . ..., .). Section 2. Effective Date. This Ordinance shall be effective upon its passage and publication. Dated the 24th day of November, 2008. C'. q()~ Martin E. Opem, Sr., Mayor Attest: Valerie Leone, (Published in the New Hope-Golden Valley Sun-Post the 4th dayof December ,2008.) -1- CII!M - ~= =}::~:::~;}::~::::<~:== - - - '-----;;::~w~:.:r= -===== -- newspalle.-s AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) Richard Hendrickson, being duly sworn on an oath, states or affirms that he is the Chief Financial Officer of the newspaper(s) known as GV, NH, Crystal, Robbinsdale Sun-Post and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provid- ed by Minn. Stat. S331A.02, S331A.07, and other applicable laws as amended. (8) The printed public notice that is attached was published in said newspaper(s) once each week, for ~ successive week(s); it was first published on Thurs- day, the ~ day of December 2008, and was thereafter printed and published on every Thursday to and in- cluding Thursday, the ____ day of , 2008; and printed below is a copy of the lower case alpha- bet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: a b cde i g h i j k I m no pq rs tu vwxyz '::j(~~1[ CFO Subscribed and sworn to or affirmed before me on this ~ day of December . 2008. ~~'=---- L/ Notary Public e MARY ANN CARLSON NOTARY PUBUC - MINNESOTA MY COMMISSION EXPIRES 1-31-()9 City of New Hope (Official Publication) ORDINANCE NO. 08-07 AN ORDINANCE AMENDING OFF-SALE LIQUOR LICENSE FEE The City Council of the City of New Hope ordains: Section 1. Section 14-12(2) .Intoxicating liquor Ii. cense lee. 01 the New Hope City Code is hereby amend- ed by amending subsection 14.12(2)(c)" Off.sale" to read as follows: c. Off.sale $~380.00 - oer Minn. Stat. 6340A40B subd. 31c) this fee shall be reduced to $280.00 if the licensee meets the followino conditions: 1. The licensee aorees to have a oualified orivate vendor train all emolovees within 60 davs of hire and annuallv thereafter in laws oertaining to the sale of alcohol. the rules for identification checks and the resoonsibilities of establishments serving intoxicatino liouors: 2. the licensee agrees to oost a oolicv re~uiring iden. tification checks for all oersons aooearino to be 30 years old or less: and 3. a cash award and incentive orogram is estab. Iished bv the licensee. to award emolovees who catch underage drinkers. and a oenalty orogram is established to Dun ish emoloyees in the event of a failed comoliance check. Section 2. Effective Date. This Ordinance shall be ef- fective upon its passage and publication. Dated the 24th day of November. 2008. Attest: Martin E. Opem. Sr.. Mayor Valerie Leone. City Clerk (Published in the New Hope-Golden Valley Sun. Post the day of 2008.) (Dec. 4.2008) p2.0rd 08.07 liq fee ORDINANCE NO. 08-08 AN ORDINANCE AMENDING RENTAL PROPERTY REGISTRATION FEES AND PROPERTY MAINTENANCE INSPECTION FEES The City Council of the City of New Hope ordains: Section 1. Section 14-2 (10) "Rental property registration fee " of the New Hope City Code is hereby amended to read as follows: (10) Rental property registration fee. The mmual fee amounts for the rental property registration required by Section 3-31 of this Code shall be detennined according to the following fee grid: Rental Units in Building AIu1Ual Registration Fee AImual Registration Fee (Best Practices pmiicipant only) Single Family N/A Two-Family N/A Tlu'ee or More per building plus $20.00 for every unit therein therein per building plus for every unit Double Fee. Ifregistration is not made within the time set forth in Section 3-31, the fee shall double as required by subsection 3-31(e)(5) of this Code. Section 2. Section 14-2(11) "Housing property maintenance inspection fees "ofthe New Hope City Code is hereby amended to read as follows: (11) Housing property maintenance inspection fee. Fee amounts for the housing propeliy maintenance inspection required by sections 3-32 as follows: Single and two-family residences, condominiums and townhouses (initial inspection and first reinspect per dwelling unit. . .. . .. . . . . . . . .. . .. . .. . .. . .. . .. . .. . .. . . . . .. . .. . .. . .. . .. . .. . .. . . Multiple residences with tlu-ee or more units (initial inspection and first reinspect) 1 st Unit each building................................................................. .... Each additional unit....................................................................... $15.00 -1- Reinspection after first reinspect - Single family and multiple residences per hour (one hour 111inin1uIn) .................................................................................. $47.00 Section 3. Effective Date. This Ordinance shall be effective after its passage and publication as of January 1,2009. Dated the 24th day of November, 2008. Jp~ t? qp~ Matiin E. Opem, Sr., Mayor J . ~/() Attest: /{l[rf-t.-u- ~r)/&; Valerie Leone, City Clerk (Published in the New Hope-Golden Valley Sun-Post the 4 th day of December ,2008.) G:Tity 1'vbnagcf'Ordin<lllCCS\Ord os-os Amending rental registration fecsD2.doc CII!M = ====- .=~}::::::::::?:::::1: ~ ~m~ --==== ueWSpa)le.-s AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) Richard Hendrickson, being duly sworn on an oath, states or affirms that he is the Chief Financial Officer of the newspaper(s) known as GII, NH, Crystal, Robbinsdale Sun-Post and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provid- ed by Minn. Stat. S331A.02, S331A.07, and other applicable laws as amended. (B) The printed public notice that is attached was published in said newspaper(s) once each week, for ~ successive week(s); it was first published on Thurs- day, the ~ day of December 2008, and was thereafter printed and published on every Thursday to and in- cluding Thursday. the day of , 2008: and printed below is a copy of the lower case alpha- bet from A to Z. both inclusive. which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: a bc d e f g hi J kl m no pq rs tu vw xy z '~. t'/ ' 'c1[ . CFO Subscribed and sworn to or affirmed before me on this --=L.... day of December , 2008. /'i~ &~fi- ,I 19~1 f i Nota~~' ~ e MARY ANN CARLSON NOTARY PUBUC - MINNESOTA MY COMMISSION EXPIRES 1-3Hl9 . City of New Hope (Official Publication) ORDINANCE NO. 08-08 AN ORDINANCE AMENDING RENTAL PROPERTY REGISTRATION FEES, PROPERTY MAINTENANCE INSPECTION FEES AND ZONING, SUBDIVISION AND PLATTING FEES The City Council of the City of New Hope ordains: Section 1. Section 14.2 "Rental property registration fee" of the is hereby amended to read as follows: (10) Rental property registration fee. The annual fee amounts for the rental property registration required by Section 3.31 of this Code shall be determined according to the following fee grid: Annual Registration Annual Fee (Best Practices Registration Fee participant only) S~ 70.00 N/A S~ 140.00 N/A S~ 140.00 S~ 70.00 per per building plus building plus S~ S20.00 for every 11.00 for every unit unit therein therein Double Fee. If registration is not made within the time set forth in Section 3.31, the fee shall double as required by subsection 3.31 (e)(5) of this Code. Point.of.conversion insoection fee is S1.000.00. This is a one time fee for the conversion of a dwellino unit to rental usaoe oer section 3.31 te)l7) of this Code. Secticn 2. Section 14.2(11) "Housing property mainte. nance inspection fees" of the New Hooe City Code is here- by amended to read as follows: (11) Housing property maintenance inspection fee. Fee amounts for the housing property maintenance in. spection required by sections 3-30 and 3.32 ~ ill this Code are as follows: Single and two-family residences, condominiums and townhouses (initial inspection and first reinspect per dwelling unit .. . 5~ 140.00 Multiple residences with three or more units (initial in- spection and first reinspect) 1 st Unit each building .. . 5~ 140.00 Each additional unit . . . 515.00 Reinspection after first reinspect - Single family and mul- tiple residences per hour (one hour minimum) . . . 547.00 Section 3. Effective Date. This Ordinance shall be effec. tive after its passage and publication as of January 1. 2009. Rental Units in Building Single Family Two.Family Three or More Dated the 24th day of November. 2009. Attest: (Published in the New Hope-Golden Valley Sun. Post the day of 2008.) (Dec. 4. 2008) p2.0rd 08-08 rental reg fees revised ORDINANCE NO. 08-09 AN ORDINANCE AMENDING NEW HOPE CODE SECTION 3-31 BY ESTABLISHING A RENTAL PROPERTY CONVERSION INSPECTION AND FEE AND REQUIRING PROPERTY MANAGER VERIFICATION FOR TRAINING IN CRIME FREE MULTI-HOUSING PROGRAl\1 The City Council of the City of New Hope ordains: Section 1. Section 3-31(e) "Registration permit" of the New Hope Citv Code is hereby amended by adding subsection (7) "Point-of-conversion inspection" to read as follows: ( e) Registration permit. (1) Required. No person shall operate, let or cause to be let a rental dwelling unit which has not been properly registered by the city in the maimer required by this Code. A registration pel111it must be obtained for each residential dwelling unit except, two or more residential dwelling units located within a single building and having a common owner and a common property identification number shall require only a single pel111it upon receipt ofthe properly executed initial application for a rental registration pel111it. The building official may cause m1 inspection to be made of the rental dwelling unites) to detel111ine whether it is in compliance with section 3-30, other New Hope Code sections or the laws of the State ofMilmesota. Every rental dwelling unit may be re-inspected on a regular basis as detel111ined by the city after a renewal application is filed to detel111ine if it still confol1ns to all applicable codes and laws. (2) Application filed. A registration application shall be submitted to the building official on f0l111s furnished by the city and must contain the following infol111ation: a. Nm11e, address, and telephone number of the owner of the rental dwelling unites). This is the address to which the city will send all future cOlTespondence. Owner shall indicate if the owner is a corporation, partnership or sole proprietorship. b. Name, and address, and telephone number of any owner's agent responsible for the management of the premises rental dwelling unites). c. Legal address of the premise rental dwelling unites). d. Number and type of dwelling units (one bedroom, two bedrooms, etc.) (3) Changes in mvnership and amended permits. A registration pennit is not assignable. Any changes OCCUlTing in the ownership of a rental dwelling unites) require a new registration pel1nit. The new owner must obtain a new registration pel111it within 30 days of acquiring the property. The fee paid for the new registration pel1nit shall be 25 percent of the fee required for an initial registration pel111it. If any changes occur in any infonnation required on the registration -1- application, the owner must submit an amended registration application to the city within 30 days of the change. If any rental dwelling units are added to a CUlTent registration pem1it, the additional rental dwelling units must be registered by amendment of the Clment registration pem1it and must be accompanied by the fee required for the additional units. (4) Annual registration. All rental dwelling units shall be registered before being let, in whole or in pmi. Registrations will expire annually at midnight on June 30 for single- and two-family rental dwellings and on December 31 for apmiment buildings with three or more dwelling units. The registration pemlit for each building containing one- or two-family rental dwelling units must be renewed annually on or before June 1 and apmiment buildings containing three or more rental dwelling units must be renewed on or before December 1. Rental dwelling units must be registered as a sleeping room, a single-family dwelling, a two-family dwelling, or an apmiment building. Any unregistered rental dwelling units are subject to penalties. (5) Registration fee. The registration fees required by tlus section are set fOlih in subsection 14-2(10) of this Code. The fee must accompany the registration application. The registration fee is doubled when an application is received more than 30 days after it was due. Exception: Rental dwelling units owned or under the control of the city must be registered but are exempt from paying registration fees. (6) Record retention. The registration application and all other documents peliinent to a rental dwelling unit shall be kept on file in the office of the building official. A copy shall be fumished to the owner or other authorized person upon request. Section 2. Section 3-31 (p) "Best practices program" of the New Hope Citv Code is hereby amended by amending subsection (2) "Program requirements" to read as follows: (2) Program requirements. The "Best Practices" program qualification requirements are as follows: a. Use of a city approved crime free housing addendum or equivalent in all new and/or renewed leases; b. All new and/or renewed leases must include a provision to pennit city inspection of individual rental units per the city detem1ined inspection schedule; c. Use of a background check procedure that includes a criminal history check for all new tenants/rental managers/employees; -2- d.~9t}!il1Llil1gc.\Lxerification c;Y(;I'Y.n~l'\:)c;Y(:;<lT~that the property manager has attended city approved crime free multi-housing training e. Attendance by the property manager each year at one New Hope Property Manager Association meeting; f. During every inspection cycle, the propeIiy must fully comply with all propeliy maintenance standards required by section 3-30 of this Code at the time ofthe first re-inspection if needed. Section 3. Effective Date. This Ordinance shall be effective upon its passage and publication. Dated the 24th day of November, 2008. !Ii . )C.~~ " . / ~ ~ - . . .// 'j -;: /: /,' ,,-; i/',::c:. /1 r, Attest. . /1/ eJ I V_ ! ~...Ifl/ I ( _ I" ,r Valerie Leone, City Clerk -l14 Ii #~W~ t:'. Q".ft.-- .- {J - y~- Martin E. Opem, Sr., Mayor (Published in the New Hope-Golden Valley Sun-Post the 4th dayof December ,2008.) C:DOCl5!\.IENTS .-\ND SETTINGSVLEO>iELOCAL SETfINGSTEMPQRARY INTERNET FILESOU,AF9.0RD OS.09D3.DQC ,., -,)- Cll!tM -- ...;:::.:.;;;:::::::::;:::;::::~- - -- -:;:::::;:::::;:::;:;:;:;:;:- - - ----.....................:- - "::~~ ==== newspalle.-s AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) Richard Hendrickson, being duly sworn on an oath, states or affirms that he is the Chief Financial Officer of the newspaper(s) known as G\I, NH, Crystal, Robbinsdale Sun-Post and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provid- ed by Minn. Stat. 9331A.02, 9331A.07, and other applicable laws as amended. (B) The printed public notice that is attached was published in said newspaper(s) once each week, for ~ successive week(s); it was first published on Thurs- day, the -L day of December 2008, and was thereafter printed and published on every Thursday to and in- cluding Thursday, the ____ day of , 2008; and printed below is a copy of the lower case alpha- bet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcdefg hijklmnopq rstuvwxyz '::;i(~~1( / CFO Subscribed and sworn to or affirmed before me on this ~ day of December , 2008. MARY ANN CARLSON NOTARY PUBUC - MINNESOTA MY COMMISSION EXPIRES 1-3H)9 City of New Hope (Official Publication) ORDINANCE NO. 08-09 AN ORDINANCE AMENDING NEW HOPE CODE SECTION 3-31 BY ESTABLISHING A RENTAL PROPERTY CONVERSION INSPECTION AND FEE AND REQUIRING PROPERTY MANAGER VERIFICATION FORTRAINING IN CRIME FREE MULTI-HOUSING PROGRAM The City Council of the City of New Hope ordains: Section 1. Section 3-31 (e) "Registration permit" of the New Hooe City Code is hereby amended by adding subsection (7) "Point-of.conversion inspection..to read as follows: (e) Registration permit. (1) Required. No person shall operate, let or cause to be let a rental dwelling unit which has not been properly registered by the city in the manner required by this Code. A registration permit must be obtained for each residential dwelling unit except, two or more residential dwelling units located within a single building and having a common owner and a common property identification number shall require only a single permit upon receipt of the properly executed initial application for a rental regis- tration permit. The building official may cause an inspec- tion to be made of the rental dwelling unit(s) to determine whether it is in compliance with section 3.30, other New Hope Code sections or the laws of the State of Minneso- ta. Every rental dwelling unit may be re.inspected on a regular basis as determined by the city after a renewal ap- plication is filed to determine if it still conforms to all ap. plicable codes and laws. (2) Application filed. A registration application shall be submitted to the building official on forms fur- nished by the city and must contain the following informa- tion: a. Name, address. and telephone number of the owner of the rental dwelling unit(s). This is the address to which the city will send all future correspondence. Owner shall indicate if the owner is a corporation. partnership or sole proprietorship. b. Name. and address. and telephone number of any owner's agent responsible for the management of the premises rental dwelling unit(s). c. Legal address of the premise rental dwelling unit(s). d. Number and type of dwelling units (one bed. room. two bedrooms. etc.) (3) Changes in ownership and amended permits. A registration permit is not assignable. Any changes oc- cUrring in the ownership of a rental dwelling unit(s) require a ns,<,/ registration permit. The nevI owner must obtain a new registration permit within 30 days of acquiring the property. The fee paid for the new registration permit shall be 25 percent of the lee required lor an initial registration permit. II any changes occur in any inlormation required on the registration application. the O'Nner must submit an amended registration application to the city within 30 days of the change. If any rental dwelling units are added to a current registration permit. the additional rental dVlelling units must be registered by amendment of the current reg- istration permit and must be accompanied by the fee re- quired for the additional units. (4) Annual registration. All rental dwelling units shall be registered before being let. in whole or in part. Registrations will expire annually at midnight on June 30 for single- and two-family rental dwellings and on Decem- ber 31 for apartment buildings with three or more dwelling units. The registration permit for each building containing one- or two.lamily rental dwelling units must be renewed annually on or before June 1 and apartment buildings con- t2ining ~hree 0: mere rental dVie!ling units must be re- newed on or before December 1. Rental dwelling units must be registered as a sleeping room. a single-family dwelling. a two.family dwelling. or an apartment building. Any unregistered rental dwelling units are subject to penalties. (5) Registration fee. The registration fees re- quired by this section are set forth in subsection 14-2(10) of this Code. The fee must accompany the registration ap. plication. The registration fee is doubled when an applica. tion is received more than 30 days after it was due. Exception: Rental dwelling units owned or under the con- trol of the city must be registered but are exempt from pay- ing registration fees. (6) Record retention. The registration application and all other documents pertinent to a rental dwelling unit shall be kept on file in the office of the building official. A copy shall be furnished to the owner or other authorized person upon request. (7) Point-of-conversion insoection. Whenever a dwellino unit is converted to rental usage. the dwelling unit shall be oromotlv insoected for comoliance with the mini. mum standards set forth in New Hooe Code section 3-30. The fee for the ooooint-of.conversion" insoection reouired bv the conversion of a dwellino unit to rental usaoe is set out in section 14-2(10) of this code. This fee shall be in ad. dition to the annual rental orooerty registration fee for rental orooertv. Section 2. Section 3-31(p) "Best practices program" of the New Hooe City Code is hereby amended by amend. ing subsection (2) "Program requirements..to read as fol. lows: (2) Program requirements. The "Best Practices" program qualification requirements are as fallows: a. Use of a city approved crime free housing ad. dendum or equivalent in all new and/or renewed leases; b. All new and/or renewed leases must include a proviSion to permit city inspection of individual rental units per the city determined inspection schedule; c. Use of a background check procedure that in. cludes a criminal history check for all new tenants/rental managers/employees; d. Continuino l,Iyerification everv three vears that the property manager has attended aat least one city ap. proved crime free multi.housing training program during the three year verification cvcle. It shall be the orooerty manager's or owner's affirmative resoonsibilitv to orovide the Citv with the orooerty manaoer's verification of this re- ouirement; e. Attendance by the property manager each year at one New Hope Property Manager Association meeting; 1. During every inspection cycle. the property must fully comply with all property maintenance standards reo quired by section 3-30 of this Code at the time of the first re-inspection if needed. Section 3. Effective Date. This Ordinance shall be ef- fective upon its passage and publication. Dated the 24th day of November. 2008. (Published in the New Hope-Golden Valley Sun. Post the day of 2008.) (Dec. 4. 2008)p2-0rd 08-09d3 ORDINANCE NO. 08-10 AN ORDINANCE INCREASING SANITARY SEWER AND WATER RATES, RECYCLING FEES AND STREET LIGHTING FEES FOR 2009 The City Council of the City of New Hope ordains: Section 1. Section 14-50(2)(a) "Metered water sewer rates; adjustment" of the New Hope City Code is hereby amended to read as follows: a. Metered water sewer rates; adjustment. For all premises where the sewer rate is based upon metered water, the fees shall include a minimum charge of $4-:-995.25 per month plus $~3.53 for each 1,000 gallons of water consumption over and above the initial 1,000 gallons. An additional separate surcharge of $. -12 .44 per 1,000 gallons of water consumption shall be added to the rates to defray the charges and costs of corrective action needed for the treatment of inflow and infiltration of storm water to the sanitary sewer system as imposed by the Metropolitan Council Services Division. For single-family residences only, sewer charges shall be computed on the basis of actual gallons of water metered during the winter months of December through March; sewer charges for all 12 months shall be determined by averaging the gallonage of water metered during the winter months between December through March; provided, however, that the gallons charged for each individual month shall not exceed an amount equal to the actual metered water, if actual usage is less than the amount determined by the averaging method. Section 2. Section 14-50(10)(b) "Water rates" of the New Hope City Code is hereby amended to read as follows: b. Water rates. Water bills shall be concurrent with sewer billings. The rate for water furnished to consumers by the municipal water system shall be as follows: The minimum monthly charge will be $~6.03 for each meter plus $~.653.85 for each 1,000 gallons of consumption over and above the initial 1,000 gallons recorded on said meter for the month. $0.53 of the minimum monthly charge is assessed by the Minnesota Commissioner of Health and shown on the billing statement as a miscellaneous charge. This charge is authorized by Minn. Stat. S 144.3831. Section 3. Section 14-13(9) "Recycling service fees" of the New Hope City Code is hereby amended to read as follows: 1 (9) Recycling service fees. The fee charged to each owner or occupant for recycling collection services shall be as follows: a. Basic fee per month. . . $~.253.45 b. Carryout collection fee. . . Fee set by Hennepin Recycling Group Section 4. Section 14-6(2) "Street lighting fees" ofthe New Hope City Code is hereby amended to read as follows: (2) Street lighting fees. The fee amount for street lighting as required by subsection 6-5(c) shall be as follows: a. Overhead lighting per month. . . $hOOl.05 b. Ornamental lighting per month . . . $+4G 1. 50 Section 5. Effective Date. This Ordinance shall be effective upon its passage and publication. Dated the 8th day of December, 2008. J2 p Attest: l!2uw (J6fVf}/U:"-- Valerie Leone, City Clerk (Published in the New Hope-Golden Valley Sun-Post the 18th day of December, 2008.) P:\Attomcy\SAS\l Client Files'l2 City of New Hope\99.S0810'."ord. 08.10 increasing w-s fares. doc 2 SUMMARY OF ORDINANCE NO. 08-10 AN ORDINANCE INCREASING SANITARY SKWER AND \V ATER RATES, RECYCLING FEES AND STREET LIGHTING FEES FOR 2009 The following sunU11ary of Ordinance No. 08-10 is hereby approved this 8th day of December, 2008, by the New Hope City Council for official publication. The Council hereby detel1nines this summary ordinance clearly infom1s the public of the intent and effect of Ordinance No. 08-15. 1. The title of Ordinance No. 08-10 is "An Ordinance Increasin,? Sanitarv Sewer And Water Rates. Recvcling Fees and Street Li,?hting Fees for 2009". 2. Section 1 of the Ordinance amends Section 14-50(2)(a) "Metered water sewer rates; adjustment" by increasing the minimum monthly charge to S5.25 plus S3.53 for each 1,000 gallons of water consumption over the initial 1,000 gallons. Also, an additional separate surcharge of S.44 per 1,000 gallons of water consumption was added to defray the Metropolitan Council's charges required to treat the inflow and infiltration of stOl1n water within the sanitary sewer system. 3. Section 2 of the Ordinance amends Section 14-50(10)(b) "Water rates" by increasing the minimum monthly fee to S6.03 plus S3.85 for each 1,000 gallons of consumption over the initial 1,000 gallons. 4. Section 3 of the Ordinance amends Section 14-13(9) "Recvcling service fee" by increasing the basic monthly fee to S3.45 for recycling collection services. 5. Section 4 of the Ordinance amends Section 14-6(2) "Street Lighting Fees" by increasing the monthly Overhead lighting fee to S 1.05 and the monthly Omamental lighting fee to S 1.50 6. Section 5 of the Ordinance make the Ordinance effective upon publication of this summary. Dated this 8th day of December, 2008. M~L ~~/> Martin E. Opem Sr., ayor Attest: ~(;z{)Jj?cL- Valerie Leone, City Clerk (Published in the New Hope-Golden Valley Sun-Post the 18th day of December, 2008.) C:cDQCUment5 and Scnings"skone\Loc3.1 ScuingsTemporary lntemct FilesDLK4F9\Summ;lry ofOrd OS~ 10,doc CII!M - --= = :=~~:~~~~~~~:??~~)~=-==== - --.-............'...'.0...- _ "~8.:W""-- -===== newspape.-s AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) Richard Hendrickson, being duly sworn on an oath, states or affirms that he is the Chief Financial Officer of the newspaper(s) known as GV, NH, Crystal, Robbinsdale Sun-Post and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provid- ed by Minn. Stat. S331A.02, S331A.07, and other applicable laws as amended. (B) The printed public notice that is attached was published in said newspaper(s) once each week, for one successive week(s); it was first published on Thurs- day. the ~ day of December 2008, and was thereafter printed and published on every Thursday to and in- cluding Thursday, the ____ day of . 2008; and printed below is a copy of the lower case alpha- bet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcdefg hiJkl mnopq rstuvwxyz '~~~1[ CFO Subscribed and sworn to or affirmed before me on this ~ day of December . 2008. -) // X~ e MARY ANN CARLSON NOTARY PUBUC - MINNESOTA MY COMMISSION EXPIRES 1-3H)9 City of New Hope (Official Publication) SUMMARY OF ORDINANCE NO. 08-10 AN ORDINANCE INCREASING SANITARY SEWER AND WATER RATES, RECYCLING FEES AND STREET LIGHTING FEES FOR 2009 The following summary of Ordinance No. 08-10 is hereby approved this 8th day of December, 2008. by the New Hope City Council for official publication. The Coun. cil hereby determines this summary ordinance clearly in- forms the public of the intent and effect of Ordinance No. 08-15. 1. The title of Ordinance No. 08-10 is - An Ordinance in- creasing Sanitary Sewer And Water Rates, Recy- cling Fees and Street Lighting Fees for 2009:' 2. Sectfon 1 of the Ordinance amends Section 14. 50(2)(a) -Metered water sewer rates: adiustment" by increasing the minimum monthly charge to 85.25 plus 83.53 for each 1.000 gallons of water consumption over the initial 1,000 gallons. Also. an additional sep. arate surcharge of 8A4 per 1,000 gallons of water consumption was added to defray the Metropolitan Council's charges required to treat the inflow and in. filtration of storm water within the sanitary sewer sys. tem. 3. Section 2 of the Ordinance amends Section 14- 50(10)(b) "Water rates" by increasing the minimum monthly fee to 86,03 plus 83.85 for each 1,000 gallons of consumption over the initial 1,000 gallons. 4. Section 3 of the Ordinance amends Section 14'13(9) "Recvcling service fee" by increasing the basic month. ly fee to S3.45 for recycling collection services. 5. Section 4 of the Ordinance amends Section 14-6(2) "Street liGhtinG Fees" by increasing the monthly Over- head lighting fee to 81.05 and the monthly Ornamen- tal lighting fee to 81.50 6. Section 5 of the Ordinance make the Ordinance ef- fective upon publication of this summary. Dated this 8th day of December. 2008. Martin E. Opem Sr . Mayor Attest: Valerie Leone. City Clerk (Published in the New Hope-Golden Valley Sun-Post the 18th day of December. 2008.) (Dec. 25.2008) p2-0rd 08.10