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1992 ORD ORDINANCE NO. 92-01 AN ORDINANCE AMENDING THE NEW HOPE ZONING CODE BY AMENDING SECTION 4.033 (3) REGULATING FENCING AND SCREENING The City Council of the C~ty of New Hope ordains: Section 1. Sections 4.033 (3)(a)(i) "Height Maximum", (ii) "Intersection Visibility", (iii)"Short fences" and (iv)"Location" of the New Hope City Code are hereby repealed in their entirety. Section 2. Section 4.033 (3)(b) "Required Fencing and Screening" of the New Hope City Code is hereby renumbered §4.033 (3)(d). Section 3. Section 4.033 (3)(a) "General Provisions" of the New Hope City Code is hereby added to read as follows: (a) General Provisions. (i) On all corner lots, fences shall not be permitted within twenty (20) feet of any corner formed by the intersection of two (2) streets or the right-of-way of a railway intersecting a street. The twenty (20) feet shall be in the form of a triangle with two sides formed by the property lines and the third side formed by a straight line connecting the two twenty (20) foot points on each side of the corner. (ii) The required screening provisions as specified in subsection (d) of this section, shall supersede, where applicable, the provisions of this Subsection. (iii) All posts or similar supporting instruments used in the construction of fences shall be faced inward toward the property being fenced, unless symmetrical. (iv) No fence shall obstruct natural drainage. (v) The height of a fence, in the case of grade separation, shall be determined on the basis of measurement from the average point between the highest and lowest grade. (vi) In the case of a corner lot with the building front oriented to the side yard abutting a street, fences over forty-two (42) inches may not encroach into either the required front yard setback or the required side yard setback abutting a street. (vii) In the case of double front lots as defined by §4.022(87) of this Code fences over 42 inches in height shall not be permitted within 15 feet from the apparent back lot line. Section 4. Section 4.033 (3)(b) "Residential Fencing and Screening" of the New Hope City Code is hereby added to read as follows: (b) Residential Fencing and Screening. Subject to the general provisions of this section: (i) Fences shall be at least five (5) percent open for passage of air and light. Fences not meeting this design standard will be treated as walls and will be required to meet building setbacks. (ii) Short Fences. Fences forty-two (42) inches in height or less may be located on any part of a lot. (iii) Tall Fences. Fences up to eight (8) feet in height may be located within the required side and rear yard setbacks of a lot which is behind the required front yard building setback as defined by Section 4.034 (3). Section 5. Section 4.033 (3)(c) "Commercial and Industrial District Fences" of the New Hope City Code is hereby added to read as follows: (c) Commercial and Industrial District Fences. Subject to the general provisions of this section: 2 (i) Commercial and industrial fences may be erected up to eight (8) feet in height. Fences in excess of eight (8) feet shall require a conditional use permit. (ii) Fences which are primarily erected as a security measure may have projecting arms on which barbed wire can be fastened commencing at a point at least seven (7) feet above the ground on condition that the arms and barbed wire do not encroach onto or over public right-of-way or property lines of adjacent property. (iii) Commercial and industrial fencing may be located within the required side and rear yard setback of a lot which is behind the required front yard building setback as defined by Section 4.034 (3). Section 6. Effective Date. This Ordinance shall be effective upon its passage and publication. Dated the 27th day of April , 1992. ~dw. ~ Erickson, Mayor Attest: Valerie Leone; City Clerk (Published in the New Hope-Golden Valley Sun-Post the 6th day of , 1992, ) Minnesota Sun Publications ~ . - ORo]NAN( AN ORIII,N:A:N cE 'AMENDIN AFFIDAVIT OF PUBLI TION REGU~NG FENCi The City C~ncil ~ti~ L ~ti~ 4,~ (3)~a.~(i ,ATE OF MINNES~A) ~ti~ z. ~tio~ ~.~ (3)~b) is ~m~ mn~ ~ (3)(d). ~tia 3. k~on to ~d as ~: (a) ~1 Pr~i~, ~UN~ OF HENNEPIN) (i) o. net f~ ~ ~e in~tion Of-~ L.J. Cannin~ , ~ing duly ~m on an oath ~ th~ h~he is (ii) the publisher or authoriz~ agent and employee ~ the publisher of the n~p~er known as (iv) New Hope/B. Valley Sun-Posts ,a~h~fullkn~ge~the~icham (iv) a s~t ~ ~' ~vii) (A) Th~ ~r h~ ~pli~ ~h all ~ th~ ~.i~o~ ~itutifl~ q.~ifi~ ~ a q.~ fl~r, ~ ~ a~ (b) ~al Fenc~ and ~nin~. ~ pmvid~ ~ Minn~ StatUe ~1A.02, ~IA.~, ~d ~her ~plic~le la~, ~ ~end~. _- b~,t~c~: (ii) S~'~n~. Fe~ fo~Tt~ (~} ~ d a IoL . . (B)The pri~ed 0 rdinance No · ~2-01 (iii) ~H~.~n~up~igh~.(8)l ~ . si~ and ~t~ck as d~i~ ~i~ 5. ~tion 4.~ City C~ ~ ~ a~ ~ ~d.:~ foU~: c) Comme~! and <i) ~ a~f~m which is a~ch~ w~ c~ from the ~lumns of s~d n~p~ and ~ pri~ and publish~ once each w~k, i. (ii) ~ ~a~y~ a~ ~d~ ~ti~ ~r o.n e succ~e ~e~; it w~ fi~ published on W ~ d ~ ~ S d ~ Y , the ~ day Er~ ~blic ~iii') Come.iai and iM~al f~in ~-~t~ . fi~ ~ ~tion ~.~ (~: -. ~f ~ ~ Y ,19 ~ 2, and w~ th~aRer pri~ ~d publish~ on ~v~ to ~ti~ 6. ~ Da~. Da~ ~e ~-~y of April, and including , the day of ., 19 ; and print~ ~ is At~t: /s/V~RIg ~O~ a co~ ~ the I~er ~e alph~ f~m A to Z, ~h inclusive, whioh is he.by ackn~[~g~ as being the size ci~ ~ (May 6, a~d kind of W~ ~ in the com~sRion and publication of the n~i~: ~kn~l~ ~m me on this ) dayof HaY ..,~ 5/, ~TE INFORMATION O) [o~ ~la~ifi~ rat, paid by comm~mial u~ $ 1~ p~r lin~ ~r compa~le space (Line, ~rd, or inch ~e) (2) M~imum rote allo~ by law for the able maRer $ 959~ ~r line (Line, ~rd, or inch ~e) (3) Rate a~ually charg~ ~r the able m~er $ ~ ~r line (Line, ~rd, or inch ~e) ORDINANCE NO. 92-02 AN ORDINANCE AMENDING THE NEW HOPE CODE BY AMENDING SECTIONS 14.111 AND 14.112 REGARDING FIRE PREVENTION REGULATION AND PERMIT FEES The City Council of the City of New Hope ordains: Section 1. Section 14.111 "Special Hazard U.F.C. Article 4 Permits" of the New Hope City Code is hereby amended to read as follows: 14.111 Special Hazard U.F.C. Article 4 Permitm. The fee amount for any permit required by Article 4 of the Uniform Fire Code a,~d S~b~t .... 0.022 is $125.O0. Section 2. Section 14.112 "Hood and Duct Inspection Fees" of the New Hope City Code is hereby amended to read as follows: 14.112 Hood and Duct Inspection Fees· The fee amount for hood and duct inspection as required by Section +E~-3-1~ 10·313 of the Uniform Fire Code, 1988 Edition, ~-~ Sub~t~ ~, ,~ ~ , ~,~ "~"" is $35 O0 per inspection Section 3. Effective Date. This Ordinance shall be effective upon its passage and publication. Dated the 24th day of February , 1992. Edw. J. Erickson, Mayor Attest: / V~l~r~e Leo6e,' City Clerk (Published in the New Hope-Golden Valley Sun-Post the 4th day of March , 1992.) 1 Minnesota Sun Publications ORDINANCE AFFIDAVIT OF PUBLICATION ~ ,, ,, E OF MINNES~A) ~l~.m~ . ~~u.~. ~~~'~ ~ ~ : -- ~UN~ OF HENNEPIN) ~.~ G r e ~ o r y P t a c i n , ~i~ duly ~rn ~ the publisher or a~hor~ agent and employ~ ~ the publ~her of ~e n~r kn~n V~R~ ~O~ G. V a I I e y / N, H o p e S u n- P o s t , ~d h~ ~11 kn~ge ~ the ~ which am (A) ~e n~r h~ ~m~i~ w~h all ~ the r~uim~ ~n~ing qu~ifl~i~ ~ a qu~ n~p~ ~ pr~d~ by Minn~ S~tute ~1A.02, ~IA.~, ~d ~her ~plic~le la~, ~ ~e~. (B)The prim~ 0rdinance No, 92-02 which is attached was cut from the columns of said newspaper, and was pdnted and published once each week, for o n e successive weeks; it was first published on V/e d n e $ d a y , the 4 day ,-' M a r c h ,19 92, and was thereafter printed and published on every, to and including ., the __ day of ., 19 ; and pdnted below is a copy of the lower case alphabet 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: TITLE: Genera I ~Mana~e r Acknowledged before me on this ~, 4 dayof March RATE INFORMATION (1) L~e~ cl~ifi~ rate paid by ~mmercial u~m $ 1~ ~r line ~r ~mparable ~ce (Line, ~rd, or inch ~e) (2) M~imum ~e all~ by law for the ~e m~er $ 95.9' ~r line (Line, ~, or inch rote) (3) Rate a~ually cha~ ~r the a~ve ma~er $ ~ ~r line (Line, ~rd, or inch rote) ORDZNANCE NO. 92-03 AN ORD[NANCE AMEND[NG CHAPTER 14 OF THE NEW HOPE CODE BY INCREAS[NG WATER RATES AND SANITARY SEWER USE FEES The City Council of the City of New Hope ordains: Section 1. Sections 14.502 (1) "Metered Water Sewer Rates; Adjustment" of the New Hope City Code is hereby amended to read as follows: (1) Metered Water Sewer Rates; Adjustment. For &ll premises where the sewer rate is based upon metered water, the fees shall include a minimum charge of ~ $4.70 per quarter plus ~ $1,73 for each 1,000 gallons of water consumption over and above the initial 1,000 gallons. For single family residences only, sewer charges shall be computed on the basis of actual gallons of water metered during the winter billing quarters; winter quarters are the quarters billed from January to the following May; sewer charges for the summer quarters, quarters billed from June to the following November, shall be determined by averaging the gallonage of water metered during the winter billings; provided, however, that the gallons charged for the summer billings shall not exceed an amount equal to the actual metered water, if actual usage is less than the amount determined by the averaging method. The quarterly periods shall be as uniform as feasible throughout the City. Section 2. Section 14.510 (2) ""Water Rates"" of the New Hope City Code is hereby amended to read as follows: (2) 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 quarterly charge will be ~ $4.25 for each meter plus ~ $1.28 for each 1,000 gallons of consumption over and above the initial 1,000 gallons recorded on said meter for the quarter. Section 3. Effective Date. This Ordinance shall be effective upon its passage and publication. Dated the 23rd day of March , 1992. fid~. J~Er~ckson, Mayor Attest: Valerie Leone, C-~'~ Clerk (Published in the New Hope-Golden Valley Sun-Post the 1st day of April , 1992. ) City of New Hope (Official Pablication ) ORDINANCE NO. 92-03 Minnesota Sun Publications OF THE NEW HOPE CODE BY AFFIDAVIT OF PUBLICATION .INCE~IN~ ~A~..~ SANITARY SEWER USE FEES The City Council of the City of New Hope ordains: Section 1. Section 14.502 (1) "Metered Water Sewer Rates; Adjustment', of the New Hope City ~.. ,'E OF MINNESOTA) Code. is hereby amended to read as follows: (1) ~etered Water Sewer Rates; Adjustment. SS. [~or all premises where the sewer rate is bas- ed upon metered water, the fees shall include COUNTY OF HENNEPIN) a,lnb~..~ .. _urn .c .h'~geof.$4:ee$4.?Operquarter pills r~'-A~$1.73 t~l:' each 1,000 ga]lolls of water consumption over and above the htitial 1,0O0 gallons: For sin~'ole family residences only, $ r' e ~ o r' Y P 1: a c J. n , being duly swum on an oath says that he/she is ~ charges sha~ be COmputed o~the ot.a.ctu~....~?]ons of .water metered during the wrater puling quarters; winter quarters are ~ .q.q.q.q.q.q.q.q.q~_rs billed from January to the the publisher or authorized agent and employee of the publisher of the newspaper known as ~ewmg.~ay; sewer cbargesforthesum- er quarters, quarters billed from June to New' Hope/G. Val lev Sun-Post , and has full knowledge of the facts which are the follewing November, shall be determined winter b'd]ing~; provided, hov~-ver, ors charged ~oi' the sununer bill-' shall not exceed an amount equal to the · me. a~. _o~nt (leterm]ned by the averag- ing m.e. moa. 'r.~e quarterly periods shall be (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as unttorm as teasible throughout the City. Section. 2. Section .14.510 (2) "Water Rates" of the .New Hope City Code is hereby amended to as provided by Minnesota Statute 331A~)2, 331Aff/, and other applicable laws, as amended. (2) Water Rates. Water bi]]s shall be eoncurrent with sewer billings. The rate for water fur- his ,heal to consumers by the municipal water (B) The printed 0 rdinance No. 92-03 q~,~e~]ySySmm shall be as follows: The minLmumchargewill be $~68~4.~ for each meter plus $e.~1.28 for each 1,0O0 gallons of co.~umption over and above the initial 1,000 §auons recorded on said meter for the quarter. Section 3. Effective Date. This Ordinance shall be effective upon its passage and publication. which is attached was cut from the columns of said newspaper, and was pdnted and published once each week, rated the 23rd day of March, ~992. /s/EDW. J. ERICKSON Attest: Mayor /s/VALERIE LEONE for o n e successive weeks; it was first published on W e d n e s d a y the 1 day. City Clerk ' , (April 1, 1992)--N. HOPE/G. ~ A p r' i I ,19 9 2 , and was thereafter printed and published on evenj to and including , the day of ., 19__; and printed below is a copy of the lower case alphabet 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: (./ i~,, . TITLE: General Manager Acknowledged before rne on this dav nf A~ rJ I /19 92. I~TE INFORMATION (1) Lowest classified rate paid by commercial users $ 130 per line for comparable space (Line, word, or inch rate) (2) Maximum rate allowed by law for the ~bove matter $ 95.9* per line (Line, word, or inch rate) (3) Rate actually charged for the above matter $ 67* per line (Line, word, or inch rate) ORDINANCE NO. 92-04 AN ORDINANCE AMENDING THE NEW HOPE CODE BY REQUIRING REFUSE HAULERS TO REPORT ON COLLECTED RECYCLABLE TONNAGE The City Council of the City of New Hope ordains: Section 1, Section 8,143 "Collection Practices" of the New Hope City Code is hereby amended by adding subsection (10) "Recyclab.]e Tonnage Report" to read as follows: (10) Recyclable Tonnage Report, A collector licensed under this section who hauls recyclable materials must report the tonnage of recyclable materials collected, The report shall be made quarterly, commencing April 1, 1992 to the City recycling authority, The report shall also itemize the tonnage between residential and commercial/industrial recyclables, All recyclables collected from apartment complexes shall be reported as residential tonnage, Section 2. Effective Date. This Ordinance shall be effective upon its passage and publication, Dated the 23rd day of March , 1992. ,~Edw. J ~-'~r~ickson, Mayor Attest: ~~ ~ Valerie Leone, ~ity Cle'rk (Published in the New Hope-Golden Valley Sun-Post the 1st day of April , 1992.) ORDINANCE NO. 92-05 AN ORDINANCE AMENDING THE NEW HOPE ZONING CODE BY ADDING SECTION 4.125 (8) ESTABLISHING A CONDITIONAL USE PERMIT PROCEDURE ALLOWING OUTDOOR DINING FACILITIES The City Council of the City of New Hope ordains: Section 1. Section 4.125 "Conditional Accessory Use, BT3" of the New Hope City Code is hereby amended by adding subsection (8) to read as follows: (8) Outdoor Dining, Accessory. Outdoor dining as an accessory use for restaurants, drive-in, and convenience food establishments, under a conditional use permit subject to the following conditions: (a) The applicant be required to submit a site plan and other pertinent information demonstrating the location and type of al 1 tables, refuse receptacles, and wait stations. (b) Access to the dining area be provided only via the principal building if the dining area is a full service restaurant, including table waiting service, (c) The size of the dining area is restricted to thirty {30) percent of the total customer floor area within the principal structure, {d) The dining area is screened from view from adjacent residential uses in accordance with Section 4.033(3)(b) of this Code. (e) All lighting be hooded and directed away from adjacent residential uses in accordance with Section 4.033(5) of this Code. (f) The applicant demonstrates that pedestrian circulation is not disrupted as a result of the outdoor dining area by providing the following: (i) Outdoor dining area shall be segregated from through pedestrian circulation by means of temporary fencing, bollards, ropes, plantings, or other methods, and shall be subject to review and approval by the City Council. (ii) Minimum clear passage zone for pedestrians at the perimeter of the cafe shall be at least five (5) feet without interference from parked motor vehicles, bollards, trees, treegates, curbs, stairways, trash receptacles, street lights, parking meters, or the like. (iii) Overstory canopy of trees, umbrellas or other structures extending into the pedestrian clear passage zone or pedestrian aisle shall have a minimum clearance of seven (7) feet above sidewalk. (9) The dining area is surfaced with concrete, bituminous or decorative paver to provide a clean, attraclive, and functional surface. (h) A minimum width of thirty-six (36) inches shall be provided within aisles of the outdoor dining area. (i) Storage of furniture shall not be permitted on the sidewalk between November 1 and March 31. Sidewalk furniture that is immovable or permanently fixed or attached to the sidewalk shall not be subject to the storage prohibition of this section. However, any immovable or permanently fixed or attached furniture must be approved as part of the site plan application provided for by §4.125(8)(a) of this Code. (j) No outside bar or cooking facility shall be established, only wait stations shall be allowed. (k) Additional off-street parking shall be required pursuant to the requirements set forth in §4.036 of this Code based on the additional seating area provided by the outdoor dining area. (1) Refuse containers are provided for self-service outdoor dining areas. Such containers shall be placed in a manner which does not disrupt pedestrian circulation, and must be desi9ned to prevent spillage and blowing litter. (m) The operation is subject to approval of the City Sanitarian and compliance with any written provisions he or she requires. (n) Rooftop dining facilities shall be permitted provided they meet all applicable conditions as listed herein and in addition: (i) Provide permanent walls of fencing around the periphery of the dining area at a minimum height of 42 inches to ensure the safety of persons/property. (ii) Any permanent structures, including divider walls, trellis work, etc. be included as part of the building upon which they are located and are subject to the building height limitations as specified in Section 4.033(1) of this Code. (iii) The submitted plans for a roof top dining facility as well as the building upon which the proposed outdoor dining is to occur is subject to review by the City Building Inspector. He/She will determine whether the building is structurally capable of handling the additional weight of persons and equipment. Section 2. Effective Date. This Ordinance shall be effective upon its passage and publication. Dated the 23rd March day of , 1992. V~lerie Leone, ~City Clerk (Published in the New Hope-Golden Valley Sun-Post the 1st day of April , 1992. ) Minnesota Sun Publications of NewHope (Official Publication) ORDINANC~ NO. 92-04 AN ORDINANCE AMENDING AFFIDAVIT OF PUBLICATION ,,~ NEW HOPE CODE BY REQUIRING REFUSE HAULEP.~ TO REPORT ON COLLECTED RECYCLABLE TONNAGE The City Council of the City of New Hope ordains: ~ .,'E OF MINNESOTA) section 1. Section 8.143 "Collection Practices" ,of th.e. New Hope City Code is hereby amended oy addin~ subsection (10) "Recyclable Tonnage SS. Report" to read as follows: COUNTY OF HENNEPIN) (10)Recyclable Tonnage Report. A collector licensed under this section who hauls .r~cy~ab.l~, .materials must report the tonnage o~ recycm~m materials eoliected. The report $ r e ~ o r y P t a c i n , being duly sworn on an oath says that he/she is shal~ be made quarterly, comencing April 1~ ~ to_,_e City r~c~ autho,ty. ~ reporttshall also itemize the tormage betwecr residential and commercial/industrial the publisher or authorized agent and employee of the publisher of the newspaper known as r~c~ables. All recyclables collected fror~ apartment complexes shall be reported as residential tonnag~ Section 2. Effective Date. This Ordinance shall N e w H o p e / $. V a I I e y S u n- P o $ t , and has full knowledge of the facts which are be effective upon its passage and publication. Dated the 23rd day of March, 1992. /s/EDW. J~ ERICKSON stated below. Auest: Mayor /s/VALER]E LEONE City Clerk (April 1, 1992)--Ni HOPE/G. VALLEY (A) The newspaper has complied with all of the requirements constituting qUalification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331AJ~7, and other applicable laws, as amended. (B)The printed 0rd~nance No. 92-04 which is attached was cut from the columns of said newspaper, and was printed and published once each week, for o n e successive weeks; it was first published on ~ e d n ~ $ d a y ., the I day c' A p r' i I ., 19 9 2 , and was thereafter printed and published on every, to and including , the day of ., 19 ; and printed below is a copy of the lower case alphabet 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: TITLE: O e n e[r/a Acknowledged before me on this 3. day of . AP_I'J. 1;.~__/19 92 . RATE INFORMATION (1) Lowest classified rate paid by commercial users $ 130 per line for comparable space (Line, word, or inch rate) (2) Maximum rate allowed by law for the above matter $ 959* per line (Line, word, or inch rate) (3) Rate actually charged for the above matter $ 67* per line (Line, word, or inch rate) Minnesota Sun Publications ' AFFIDAVIT OF PUBLICATION (8) b ~ATE OF MINNESOTA) ss. COUNTY OF HENNEPIN) (b) Gt-e~[ol'y Ptacin being duly swom on an oath says that he/she is (d) The_d~. ama~issc~edfmm~iee , with Section 4.~33(3)(b) ~ t_his (e) AJ.] !i~tL~g be tmoded aad directed aw~ the publisher or authorized agent and employee of the publisher of the newspaper known as (f) '~l~eaP~lJ~.a~tde~eastra~test~atpede (i) Outdoor dining area ~h~,be segr · means of ..te.mlx~-'~ feaciag, bolla N e w H o p e / G. V a I I e y S u n - P o $1: , and has full knowledge of the facts which are be Subject to r~ an~ (ii) .Minimum clear, passage~one for ~ at _least five (5) feet ~e~t inter~ (iii.)_ Ovemtory ca~t~ e[ tz'ees, mb ~ ~n clear passage zone or p ,- ~ ~n (7) feet above sidewalk. (^) 'I'Ve newspape~ has complied with all of ~e requirements constitutin9 qualification as a qualified newspaper, (g) T~e d~ing area is surfaced with cone as provided by Minnesota Statute 33~A.02, 33~^.0Z and othe~ applicable lav~, as ameaded. (h) door~A ~ttmarea~Width m~ thirty-six (i) Storage of~fut'n~ture shall.not bepenn (8)The pd~ted 0r'dina~¢~ ~o. ~2-0~ th~sidq~kshaUn~tbesub~e~tothe' in~ovable or pet~nanentl~ f'L~ed or tiC'site plan apglicatioa pn~ded f0r Ne Oul~,kle bar or eeekiag ~acflity ,sltall 1 A4d[IJ0t~al off-street~parking Shall be mg area. (1) Refuse containers are previded for .se which is attached was cut from the columns of said newspaper, and was printed and published once each week, ~ be placed ina maturer w~ie~ do b~.i:lesigt~ed to prevent spillage and (m) ~ opl~'~tion is subject't~ appreval for one successive weeks; it was first published on We dne$ da y the I day ~isiom_h~/orshe~. , (n) P~i~p~ facilities shall be per~ tiensas listed herei~ and in addition: (i) ~de permanent walls.d fenc~ Ap r'J. I ., 19 92 , and was thereafter printed and published on every to miaimur~ height of42idches to~ (ii) Any permanent structures, ineh~ and including ., the day of 19 · and printed below is (~i) Th~ submitted plans for a roof top . Inspecfo~. He/She will d .~ine ha]/dling the additional wright of a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size sect/~ z. ¢ffecu~e Date. this Ordinance Da/ed the 23rd day of March~ 1992. and kind of type used in the composition and publication of the notice: Attest: /s/VALER]E LEONE TITLE: Gene ra I Manage r Acknowledged bofom me on this I dayof APriL/,19 92. RATE INFORMATION (1) L~ classifi~ rote paid by ~mmemial usem $ 1.~ per line for comparable s~ce (Line, ~, or inch r~e) (2) M~imum ~e all~ by law ~r the able m~er $ 95.9* ~r line (Line, ~, or inch rate) ¢) Rate amually char~ ~r the able m~er $ ~* ~r line (Line, ~, or inch rate) ORDINANCE NO. 92-06 AN ORDINANCE AMENDING THE NEW HOPE ZONING CODE BY ESTABLISHING REGULATIONS FOR SEXUALLY ORIENTED BUSINESSES AND ADULT USES The City Council of the City of New Hope ordains: Section 1. Section 4.022 "Definitions" of the New Hope City Code is hereby amended by adding subsection 4.022 (2)(a) "Adult Uses" to read as follows: (2)(a) Adult Uses: Any of the activities and businesses described below constitute Sexually Oriented Businesses which are subject to the regulations of this Code and more specifically §4.039C herein. (i) Adult Uses - Body Painting Studio: An establishment or business which provides the service of applying paint or other substance, whether transparent or non-transparent, to the body of a patron when such body is wholly or partially nude in terms of "specified anatomical areas". (ii) Adult Use - Bookstore: A building or portion of a building used for the barter, rental or sale of items consisting of printed matter, pictures, slides, records, audio tape, videotape, or motion picture film if such building or portion of a building is not open to the public generally but only to one or more classes of the public extending any minor by reason of age and if a substantial or significant portion of such items are distinguished and characterized by an emphasis on the depiction or description of "specified sexual activities" or "specified anatomical areas". (iii) Adult Use - Cabaret: A building or portion of a building used for providing dancing or other live entertainment, if such building or portion of a building excludes minors by virtue of age and if such dancing or other live entertainment is distinguished and characterized by an emphasis on the presentation, display, depiction or description of "specified sexual activities" or "specified anatomical areas". (iv) Adult Use - Companionship Estab]ishment: A companionship estab]ishment which excludes minors by reason of age, and which provides the service of engaging in or listening to conversation, talk or discussion between an employee of the establishment and a customer, if such service is distinguished and characterized by an emphasis on "specified sexual activities" or "specified anatomical areas" (v) Adult Use - Conversation/Rap Parlor: A conversation/rap parlor which excludes minors by reason of age, and which provides the services of engaging in or listening to conversation, talk, or discussion, if such service is distinguished and characterized by an emphasis on "specified sexual activities" or "specified anatomical areas" (vi) Adult Use - Health/Sport Club: A health/sport club which excludes minors by reason of age, and if such club is distinguished and characterized by an emphasis on "specified sexual activities" or "specified anatomical areas" (vii) Adult Use - Hotel or Motel: Adult hotel or motel means a hotel or motel from which minors are specifically excluded from patronage and where material is presented which is distinguished and characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" (viii) Adult Use - Massage Parlor, Health Club: A massage parlor or health club which restricts minors by reason of age, and which provides the services of massage, if such service is distinguished and characterized by an emphasis on "specified sexual activities" or "specified anatomical areas" (ix) Adult Use - Mini-Motion Picture Theater: A building or portion of a building with a capacity for less than 50 persons used for presenting material if such building or portion of a building as a prevailing practice excludes minors by virtue of age, and if such material is distinguished and characterized by an emphasis on "specified sexual activities" or "specified anatomical areas" for observation by patrons therein, (x) Adult Use - Modeling Studio: An establishment whose major business is the provision, to customers, of figure models who are so provided with the intent of providing sexual stimulation of sexual gratification to such customers and who engage in "specified sexual activities" or display "specified anatomical areas" while being observed, painted, painted upon, sketched, drawn, sculptured, photographed, or otherwise depicted by such customers. (xi) Adult Use - Motion Picture Arcade: Any place to which the public is permitted or invited wherein coin or slug-operated or electronically, electrically or mechanically controlled or operated still or motor picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished and characterized by an emphasis on depicting or describing "specified sexual activities" or "specified anatomical areas" (xii) Adult Use - Motion Picture Theater: A building or portion of a building with a capacity of 50 or more persons used for presenting material if such building or portion of a building as a prevailing practice excludes minors by virtue of age and if such material is distinguished and characterized by an emphasis on "specified sexual activities" or "specified anatomical areas" for observation by patrons therein. (xiii) Adult Use - Novelty Business: A business which has as a principal activity the sale of devices which stimulate human genitals or devices which are designed for sexual stimulation. (xiv) Adult Use - Sauna: A sauna which excludes minors by reason of age, and which provides a steam bath or heat bathing room used for the purpose of bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent, if the service provided by the sauna is distinguished and characterized by an emphasis on "specified sexual activities" or "specified anatomical areas". (xv) Adult Use - Steam Room/Bathhouse Facility: A building or portion of a building used for providing a steam bath or heat bathing room used for the purpose of pleasure, bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent if such building or portion of a building restricts minors by reason of age and if the service provided by the steam room/bathhouse facility is distinguished and characterized by an emphasis on "specified sexual activities" or "specified anatomical areas'". Section 2. Section 4.022 "Definitions" of the New Hope City Code is hereby amended by adding subsection (125d) "Specified Anatomical Areas" and (125e) "Specified Sexual Activities" to read as follows: (125d) Specified Anatomical Areas: (i) Less than completely and opaquely covered human genitals, pubic region, buttock, anus, or female breast(s) below a point immediately above the top of the areola; and (ii) Human male genitals in a discernibly turgid state, even if completely and opaquely covered. (125e) Specified Sexual Activities: (i) Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following sexually- oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or (ii) Clearly depicted human genitals in the state of sexual stimulation, arousal or tumescence; or (iii) Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation; or (iv) Fondling or touching of nude human genitals, pubic region, buttocks, or female breast; or (v) Situations involving a person or persons, any of whom are nude, clad in undergarments or in sexually revealing costumes, and who are engaged in activities involving the flagellation, torture, fettering, binding or other physical restraint of any such persons; or (vi) Erotic or lewd touching, fondling or other sexually-oriented contact with an animal by a human being; or (vii) Human excretion, urination, menstruation, vaginal or anal irrigation. Section 3. Section 4.039C "Regulation of Sexually Oriented Businesses and Adult Uses" of the New Hope City Code is hereby added to read as follows: 4.039C Regulation of Sexually Oriented Businesses and Adult Uses. 1. Purpose and Intent. The regulations of this section have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. It is not the intent nor effect of this Code to restrict or deny access by adults to sexually oriented materials protected by the Fi rst Amendment, or to deny access by distributors and exhibitors of sexually oriented entertainment to their intended market. It is the purpose of this Code to regulate Sexually Oriented Businesses and Adult Uses to promote the health, safety, morals, and general welfare of the citizens of the City and to establish reasonable and uniform regulations to: (a) Prevent additional criminal activity within the City; (b) Prevent deterioration of neighborhoods and its consequent adverse effect on real estate values of properties within the neighborhood; (c) To locate Sexually Oriented Businesses away from residential areas, schools, churches, and parks and playgrounds; (d) Prevent concentration of Sexually Oriented Businesses within certain areas of the City; (e) Prevent the spread of sexually transmitted diseases. 2. General Provisions, Sexually Oriented Businesses or Adult Uses as defined in Section 4.022 of this Code shall be subject to the following general provisions: (a) Activities defined as obscene by Minnesota Statute §617.241 are not permitted and are prohibited. (b) Sexually Oriented Businesses and Adult Uses, either principal or accessory, shall be prohibited from locating in any building which is also utilized for residential purposes. (c) Sexually Oriented Businesses and Adult Uses, either principal or accessory, shall be prohibited from locating in any place which is also used to dispense, consume or sell alcoholic beverages. (d) A Sexually Oriented Business or Adult Use which does not qualify as an accessory use shall be classified as an adult use-principal. (e) Sexually Oriented Businesses or Adult Uses classified as an adult use-principal may not locate or operate within the City without first obtaining a Sexually Oriented Businesses Adult Uses Principal License as required by §8.27 of this Code. 3. Adult Uses - Principal. (a) Sexually Oriented Businesses classified as adult use-principal shall be located at least three hundred (300) radial feet, as measured in a straight line from the closest point of the property line of the building upon which the adult use-principal is located to the property line of: (i) Residentially zoned property or residential uses. (ii) A licensed day care center. (iii) Public or private educational facilities including preschools, elementary, junior high or senior high schools. (iv) A public library. (v) A public park. (vi) Another adult use, principal. (vii) An on-sale liquor, wine or beer establishment. (viii) Churches. (ix) Commercial recreational facilities if the majority of its customers consist of minors, (x) Specialty schools if the majority of its students consist of minors. (b) Adult use-principal activities, as defined by this Code shall be classified as one use. Two or more Sexually Oriented Businesses or Adult Uses-Principal shall not be located in the same building or upon the same property, (c) Sexually Oriented Businesses shall adhere to the following signing regulations, (i) Sign messages shall be generic in nature and shall only identify the type of business or use which is being conducted; and (ii) Shall not contain material classified as advertising; and (iii) Shall comply with the requirements of size and number for the district in which they are located, (d) Adult use-principal activities shall be prohibited at any public show, movie, caravan, circus, carnival, theatrical, or other performance or exhibition presented to the general public where minors are permitted. 4. Adult Uses - Accessory. (a) Adult use-accessory shall: (i) Comprise no more than ten (10) percent of the floor area of the establishment in which it is located. (ii) Comprise no more than twenty (20) percent of the gross receipts of the entire business operation. (iii) Not involve or include any activity except the sale or rental of merchandise. (b) Adult use-accessory shall be restricted from and prohibit access to minors by the physical separation of such items from areas of general public access. Business owner shall make every reasonable precaution to limit access to minors. (i) Movie Rentals. Display areas shall be restricted from general view and shall be situated in such fashion as to prohibit access and visibility to minors, the access of which is in clear view and under the control of the persons responsible for the operation. (ii) Magazines. Publications classified or qualifying as adult uses shall not be accessible to minors and shall be covered with a wrapper or other means to prevent display of any material other than the publication title. (iii) Other Use. Adult uses-accessory not specifically cited shall comply with the intent of this section subject to the approval of the City Council. (c) Adult use-accessory shall be prohibited from both internal and external advertising and signing of adult materials and products. 5. Non-Conforming Sexually Oriented Businesses, Adult Use-Principal or Accessory. Sexually Oriented Businesses and Adult Uses which are classified as legal non-conforming uses may continue in accordance with the provision of this Code except that any such non-conforming use shall be terminated and become illegal on and after August 1, 1993. To the extent possible, the City shall attempt to identify all such uses which become classified as non-conforming under the provisions of this subdivision and shall notify the property owners and operators of such uses in writing of the change in status and the terms and conditions which apply. The owner of any property on which an adult use is located may apply to the City Council for an extension of the termination date. Any such application shall be in writing and be received by the City no later than August 1, 1992. Failure to 8 submit a timely extension application shall constitute a waiver of the right to request an extension. The extension may be granted if the applicant demonstrates that the amortization period is an unreasonable burden upon the business and does not allow adequate time to recover a reasonable return upon the business investment. The applicant shall have the burden of proof to demonstrate hardship with the established termination date and also the time required for an extension. In making its decision, the City Council may consider any factor relevant to the issue, including but not limited to: (a) The degree or magnitude of threat to the public health, safety, and general welfare posed by the secondary impacts of the operation. (b) The length of time that the adult use has been operating. (c) The ease by which the property could be converted to a conforming use. (d) The nature and character of the surrounding neighborhood. (e) The value and condition of the improvements on the property. (f) The amount of the applicant's investment in the business. (g) The amount of investment already realized. (h) The cost of relocating the adult use. Section 4. Section 4.103 "Permitted Accessory Uses, B-I" of the New Hope City Code is amended by adding subsection 6 "Adult Uses-Accessory" to read as follows: 6. Adult Uses-Accessory, Subject to the regulations of §4,0390 of this Code. Section 5. Section 4.124 "Conditional Uses, B-3 "of the New Hope City Code is amended by adding subsection 6 "Adult Uses- Principal" to read as follows: 6. Adult Uses-Principal. Subject to the regulations of §4.039C and §4.20 of this Code. Section 6. Section 4.134 "COnditional Uses, B-4 "of the New Hope City Code is amended by adding subsection 7 "Adult Uses- Principal" to read as follows: 7. Adult Uses-Principal, Subject to the regulations of §4.039C and §4.20 of this Code. Section 7, Section 4.144 "Conditional Uses "of the New Hope City Code is amended by adding subsection 13 "Adult Uses-Principal" to read as follows: 13. Adult Uses-Principal. Subject to the regulations of §4.039C and §4.20 of this Code. Section 8. Effective Date. This Ordinance shall be effective upon its passage and publication. Dated the 11th day of May, 1992. ~/E~dw. J '~-d~r~i ckson," Uayor Attest: Valerie Leone', City Clerk (Published in the New Hope-Golden Valley Sun-Post the 20th day of , 1992.) lO City 0f'New Hope : Minnesota Sun Publications ORD AFFIDAVIT OF PUBLICATION , ,. CODE BY ES'I~ SEXUALLY ORIEN1 c OF MINNESOTA) The City Counci 1 of t SS. Section 1~. Section 4 · Code ~s hereby amended by COUNTY OF HENNEPIN) '. uses*' to r~ad as (2)(a) Adult Uses: L ' J. C a n n i n e being duly sworn on an oath says that he/she is de s c r J b ed be ] ow ' which are subje¢ more s~eci fica] ] the publisher or authorized agent and employee of the publisher of the newspaper known as (~) ~u~t use~ est ab] ~ shme~ serv~ ce of New Hope Sun-Post , and has full knowledge of the facts which are whether trar of a patron nude ~n ter~ stated below. (~) Adult Use.--~ bu~ ]ding us, ~tems cons~ (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, s~ ~ des, recc PiCture fi1, - building ~s only to one as provided by Minnesota Statute 331A.02, 331AJ)7, and other applicable laws, as amended, any minor by significant characte (B)Tho pdnted Ordinance No. 92-06 oa~ddescripti "speci f ~ ed a (iii ~dult Use building use entert ainmen building exc which is attached was cut from the columns of said newspaper, and was printed and published once each week, such dancin disl:inguishe( the Present ~1 · of "SDecifi( for o n e successive weeks; it was first published on We d n e s d a y , the 20 day anatomical a, (iv) .Adult ,,Use of_ Ha Y , 19 92 , and was thereafter pdnted and published on every to companionshi} by reason of engaging ~n eno mncluding the day of 19 ' and printed below is discuss,on a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size (v) Adult Use _ and kind of type used 'in the composition and publication of the notice: reason of age engaging ~n o characf~eri zed abo:tet'sJ~jk~ activities'lo (vi) Adult Use - H( BY: V' /I ~ ........ ~'"~'~ wn~ch exclude~ club ~s diet TITLE: /~eneral Manacle r "specified am (vi~' Adult Use - H_ speci fical ly Acknowledged before me on this material i~ p 20 dayof Ma ~.~\/ 19 92 describing ~ , ,~ ~,,~ tv~'') Adult Use - Ma_ J~L)~.~'.{~' ~ .~,~ Parlor or hea characterized ~ ~T~Y POP~LIC--I~IhiNESOTA ~ activities" or __~.~o__o.,.t~ HENNEP(~ COUNTY 't (ix) Adult us.-_ fo-r ]ess tha~ ma~er~a] .~f su RATE INFORMATION o, ,~, ,,.~ charact er~ zed act ~vit ~es" o~ (1) Lowest classified rate paid by commemial users $ 1;30 per line observer ~on by for comparable space ~ (Line, w~rd, or inch rate) (x) Adult Use - . whose major (2) Maximum rate allowed by law for the above matter $ 95.9~ per line customers, of (Line, word, or inch rate) w~th the ~nten~ sexual gratifi (3) Rate actually charged for the above matter $ 67, per line eng&ge ~n (Line, word, or inch rate) "spec~ lied ana~ painted, 13&i nt ~ Photographed, (xt) Adult U~ - un ORDINANCE NO. 92-07 AN ORDZNANCE ESTABLISHING A LICENSE PROCEDURE TO REGULATE SEXUALLY ORZENTED BUSZNESSES The City Council of the City of New Hope ordains: Section 1. Section 8.27 "Sexually Oriented Businesses Adult Uses Principal License" of the New Hope City Code is hereby added to read as follows: 8.27 Sexually Oriented Businesses Adult Uses Principal License. 8.271 Purpose. The purpose of this section is to establish regulations governing the licensing of Sexually Oriented Businesses classified as adult uses-principal in the City of New Hope and to prevent the spread of sexually transmitted diseases. 8.272 License Required. No person, firm, or corporation shall operate a Sexually Oriented Business classified as adult use-principal defined in §4.039(c) and §4.022(2)(a) of this Code without having first secured a license as hereinafter provided. 8,273 Applications. In addition to such applicable information as the City may require, an application for the license required .by this section shall include the following information: (1) The name, residence, phone number and birth date of the applicant, if an individual; and if a corporation, the names, residences, phone number and birth dates of those owners holding more than five percent (5%) of the outstanding stock of the corporation. (2) The name, address, phone number and birth date of the manager of such operation, if different from the owners. (3) The premises where in the adult use is to be located. (4) A statement detailing each gross misdemeanor or felony relating to a sex offense and/or the operation of adult uses and related activities of which the applicant or, in the case of a corporation, the owners of more than five percent (5%) of the outstanding stock of the corporation, have been convicted, and whether or not the applicant has ever applied for or held a license to operate a similar type of business in other communities, (5) The activities and types of business to be conducted. (6) The hours of operation. (7) The provisions made to restrict access by minors. (8) A building plan of the premises detailing all internal operations and activities. 8.274 License Fees. (1) Each application for a license shall be accompanied by a receipt from the City for payment in full of the required fee for the license. All fees shall be paid into the general fund of the municipality. Upon rejection of any applications for a license, the City may refund the license fee paid, minus the amount of costs necessary for application, investigation and review, including but not limited to, costs relating to administration, planning, legal, inspection, and police investigation. (2) All licenses shall expire on the last day of December in each year. Each license shall be issued for a period of one (1) year, except that if a portion of the license year has elapsed when the application is made, a license may be issued for the remainder of the year for a pro rata fee. In computing such fee, any unexpired fraction of a month shall be counted as one (1) month. (3) The annual fee for an adult use-principal license shall be as set forth in Chapter 14 of this Code. (4) No part of the fee paid by any licensee shall be refunded except in the following instances upon application to the City Manager within thirty (30) days from the happening of any of the following events. There shall be refunded a pro rata portion of the fee for the unexpired period of the license, computed on a monthly basis, when operation of the licensed business ceases not less than one (1) month before expiration of the license because of: (a) Destruction or damage of the licensed premises by fire or other catastrophe; (b) The licensee's disabling illness; (c) The licensee's death. 8.275 Granting of License. (1) The City Manager or his or her designated representatives shall investigate all facts set out in the application. A public hearing shall be held before the City Council prior to any action taken on the license application. After such investigation and hearing, the City Council shall grant or refuse the application. Criteria for evaluating a license shall include the following: (a) Application shall be completed in full, (b) Applicant shall be eligible for license (see Section 8.276). (c) Location shall be eligible for license (see Section 8.277). (d) Applicant shall provide description of merchandise, services or entertainment for sale in premises. (e) Applicant shall identify means of restricting access by minors and shall not employ any minors. (f) Applicant shall provide property owner's name and address and business owner's name and address. (g) The adult use shall be in compliance with all applicable City Code regulations, {2} Each license shall be issued to the applicant only and shall not be transferable to another holder. Each license shall be issued only for the premises described in the application, No license shall be transferred to another place without the approval of the City Council. 8.276 Persons Ineligible for License. No license shall be granted to or held by any person: (1) Under twenty-one (21) years of age; (2) Who has been convicted of a felony or of violating any law of this state or local ordinance relating to sex offenses and/or adult uses; (3) Who is not the proprietor of the establishment for which the license is issued. 8.277 Places Ineligible for License. (1) No license shall be granted for adult uses on any premises where a licensee has been convicted of a violation of this Chapter, or where any license hereunder has been revoked for cause, until one (1) year has elapsed after such conviction or revocation. (2) Except for uses lawfully existing at the time of the adoption of this Code section, no license shall be granted for any adult use which is not in compliance with the City's zoning regulations. 8.278 Building Standards. (1) No commercial building, structure, premises, or part thereof, or facilities therein used by a Sexually Oriented Business classified as an adult use-principal shall be so constructed, used, designed or operated for the purpose of engaging in, or permitting persons to engage in sexual activities as defined in §4.022(125e) of this Code. (2) No person shall own, operate, manage, rent, lease, or exercise control of any commercial building, structure, premises, or portion or part thereof, which contains: (a) Partitions between subdivisions of a room, portion or part of a building, structure or premises having an aperture which is designed or constructed to facilitate sexual activity between persons on either side of the partition. (b) Booths, stalls, or partitioned portions of a room, or individual rooms, used for adult uses, having doors, curtains or portal partitions, unless such booths, stalls, partitioned portions of a room, or individual rooms so used shall have at least one side open to an adjacent public room so that the area inside is visible to persons in the adjacent public room. Such areas shall be lighted in a manner that the persons in the area used for adult uses are visible from the adjacent public rooms, but such lighting shall not be of such intensity as to prevent the viewing of motion pictures or other offered adult uses. (3) All viewing areas or booths in movie arcades shall be accessible from a continuous main aisle. (4) All viewing areas or booths shall be located together along a continuous main aisle to eliminate the possibility of secluded booths elsewhere on the premises. (5) No more than one person shall be permitted to enter or remain in a viewing area or booth at any time. 5 (6) The viewing areas or booths shall be maintained at all times in a clean and sanitary manner. (7) All entrances to the business, with the exception of emergency fire exits not usable to enter the business, shall be visible from a public right-of-way. 8,279 Conditions of License, (1) Every license shall be granted subject to all of the conditions of this Code, and of any other applicable county, state or federal law. (2) All licensed premises shall have the license posted in a conspicuous place at all times. (3) No minor shall be permitted on the licensed premises, (4) Any designated inspection officer of the City shall have the unqualified right to enter and inspect all public areas of the premises of a licensee during regular business hours, (5) Every licensee shall be responsible for the conduct of his place of business and shall maintain conditions of order. 8,280 Hours of Operation. Sexually Oriented Businesses adult use-principal operations shall be restricted from operating between the hours of 12:01A.M. and 6:00 8,281 Existing Licensees Compliance. All existing businesses shall be required to conform with this section on or before August 1, 1992. Failure to comply will result in the license being revoked effective 12:00 midnight August 1, 1992. Section 2. Section 14.102 "Sexually Oriented Businesses Adult Uses Principal License Fees" of the New Hope City Code is hereby added to read as follows: 14.201 Sexually Oriented Businesses Adult Uses Principal License Fees. (1) Non Refundable Investigation Fee - $500.00 (2) Annual License Fee - $5,000.00 Section 3. Effective Date. This Ordinance shall be effective upon its passage and publication. Dated the 11th day of May, 1992. ~Edw. J~/l~ickson, Mayor Attest: ~~-r~ Va]erie Leone, ~ity Clerk (Published in the New Hope-Golden Valley Sun-Post the 20th day of May , 1992. ) ? Minnesota Sun Publications AFFIDAVIT OF PUBLICATION AN ORDINANCE ESTABLZSH! TO REGULATE SEXUALLY O 'E OF MINNESOTA) The C~ty Counc~ of the C~ty SS. Section 1. Section 8.27 "Se_ COUNTY OF HENNEPIN) " Uses Pr~nc~oa~ L~cense" of the ~o read as follows: L.J. Cann inE being duly sworn on an oath says that he/she is s.27 sexually or~entea aus the publisher or authorized agent and employee of the publisher of the newspaper known as 8.27~ Purpose. The estab] ~sh regular ~ Sexu&] ]y Or~ ent ed uses-princ~ Da1 in New Hope Sun-Post . , and has full knowledge of the facts which are pr.v..~ the spt, d~seases. stated below. 8.272 L~cense Renu~red. sha] ~ operate a class~ f~ e(~ as §4.039(c) ~nd (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, havi ng f~ rst ~rov~ded. as provided by Minnesota Statute 331A~)2, 331A~)7, and other applicable laws, as amended, a. 273 Aoollcations. ~nformation as the- for the license r ~w,,,~mT~e printed 0rd~nance No. 92-07 ~.c~uu. ~.. ~o~o~, '(1 ) The name, res date of the if a corporati number and bir more than flv~ stock of the which is attached was cut from the columns of said newspaper, and was printed and published once each week, (2) The name. of the man~ger 0 n e successive weeks; it was flint published on W e d n e 5 d a y , the 2 0 day f rom t h · owne, for (3) The premises located. of May , 19 92 , and was thereafter pdnted and published on every to (4) A statement d or felony rel; a.u including , the day of ,19 ; and printed below is of which the corporat ~on, percent (5~)' a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size corporat ~on, or not the held a licem and kind of type used in the composition and publication of the notice: business in o  (5) The activit i~ conducted. (8)' The hours of mi nors. // Gene ra I Mana~.e r (8) AinternalbUildingopel p' TITLE: 8.274 License Fees. Acknowledged before me on this (~) Each applic ,~19 accompan i ed payment ~ n f 20 day of May 92. 1. icense. A reject jori of the City m~ · , _ __ ) . t minus the '~' M including bu rio,' MERI'DE~ . HED~JLOM to -adminl ~_'F~ NOTARY ImtJ~,li~ESOTA inspect i on, ~.,~i)~ HENNEP)N CXDUNTY ~ MYCO~bilS~ION EXPIRES 7-2~2 (2) All license~ ................................... December in issued for that if RATE INFORMATION ..,.s~ license may year for a fee, any Un (1) Lowest classified rate paid by commercial users $ 1~30 per line be counted ; for comparable space (Line, word, or inch rate) (3) The annual _ i ~cense shal (2) Maximum rate allowed by law for the above matter $ 95~9¢ per line th~ $ Code. (Line, word, or inch rate) (4) No part of ' (3) Rate actually charged for the above matter $ 67~ per line be refunded (Line, word, or inch rate) i~. upon appl ~ c thirty (30) the fol lowim .:~ a pro rat unexpi red p monthly bas ORDINANCE NO. 92-08_ AN INTERIM ORDINANCE ESTABLISHING MORATORIUM ON THE CONVERSION, RENOVATION OR REMODELING OF EXISTING MULTIPLE RESIDENTIAL HOUSING APARTMENT COMPLEX THE PURPOSE FOR WHICH WOULD INCREASE THE NUMBER OF BEDROOMS PER UNIT The City Council of the City of New Hope ordains: Section 1. Section 1.56 "Suspension of Residential Apartment Conversions Increasing Bedrooms Per Unit" of the New Hope City Code is hereby added to read as follows: 1.56 Suspension of Residential Apartment Conversions Increasing Bedrooms Per Unit. Pursuant to Minn. Stat. §462.355, Subd. 4, a City-wide ban is hereby imposed on the application for and issuance of building permits under Chapter 3 of this Code, text changes, variances, conditional use permits and rezoning requests under Chapter 4 and subdivision requests under Chapter 13 of this Code for any conversion, renovation, remodeling or any construction which would change the number of bedrooms per unit in any multiple residential housing complex or apartment containing four or more dwelling units. This section shall expire, and be of no further force and effect at Midnight, April 13, 1993. Section 2. Effective Date. This Ordinance shall be effective upon its passage and publication. Dated the 13th day of April , 199~ Valerie L~or~e, City Clerk (Published in the New Hope-Golden Valley Sun-Post the 22nd day of April , 1992.) City of New Hope (Official Publication) Minnesota Sun Publications ESTABLISHING MORATORIUM ON THE AFFIDAVIT OF PUBLICATION CONW. ION,. MOD .,.iN .E OVA ONoF EX,ST, GO" MULI~PLE RESIDENTIAL HOUSING APARTMENT COMPLEX THE PURPOSE FOR WHICH WOULD INCREASE THE NUMBER OF BEDROOMS PER UNIT STATE OF MINNESOTA) The City Council of the City of New Hope ordains: ~- Section 1. Section 1.56 "Suspension of Residen- tial Apartment Conversions increasing Bedrooms COUNTY OF HENNEPIN) Per Unit" of the New Hope City Code is hereby added to read as follows: 1.56 Suspension of Residential Apartment G r e a o r y P ~c a c ~ ri , being duly swom on an oath says that he/she is co.~ersions Increasing BedrOOms Per Unit. Pursuant to Minn. Stat. ~162.355, Subd. 4, a City-wide ban is hereby imposed on the ap- plication for and issUance of building permits the publisher or authorized agent and employee of the publisher of the newspaper known as under Chavter3ofthisCode, text changes, variances, conditional use permits and rezon- lng requests under Chapter 4 and subdivision requests under Chapter 13 of this Code for any N · H o p e / G. V a I I e Y S U n- P o $ t , and has full knowledge of the fagts which am conversion, renovation, remodeling or any construction which would change the number of bedroomls per unit in any multiple residen- tial housing complex or apartment contain- stated below, ing four or more dweiling units. This section shall expire, and be of no fur- ther force and effect at Midnight, April 13, (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, ~993. Section 2. Effective Date. This Ordinance shall be effective upon its passage and publication. Dated the 13th day of April, 1992. as provided by Minnesota Statute 331AJ)2, 331AJ)7, and other 'applicable laws, as amended. EDW. ~. EmCKSO~ Mayor Attest (B) The printed 0 r d City Clerk (Published in the New Hope-Golden Valley sun- Post the 22nd day of April, 1992.) (April 22, 1992)-N.HOPE which is attached was cut from the columns of said newspaper, and was printed and published once each week, for o n e successive weeks; it was first published on W e d n e s d a y , the 2 2 day A p r i I ,19 9 2, and was thereafter printed and published on every to and including ., the day of ., 19 ; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size publication ~_~~ an~d kind of type used in the composition and of the notice: abcdefghijklmnopqrstuvwxyz BY: TITLE: Oene ra I Manage r Acknowledged before me on this 22 Apr±l 19 92 . RATE INFORMATION (1) Lowest classified rate paid by commercial users $ 1;.30 per line for comparable s?ace (Line, word, or inch rate) (2) Maximum rate allowed by law for the above matter $ 959* per line (Line, word, or inch rate) (3) Rate actually charged for the above matter $ 67* per line (Line, word, or inch rate) ORDINANCE NO. 92-09 AN ORDINANCE AMENDING THE NEW HOPE ZONING CODE BY AMENDING SECTION 4.033 (3) REGULATING FENCING AND SCREENING The City Council of the City of New Hope ordains: Section 1. Section 4.033 (3)(a) "General Provisions" of the New Hope City Code is hereby amended by adding subsection (3)(a)(viii) to read as follows: (viii) No planting or structure which exceeds a width of twenty- four (24) inches shall be allowed within the sight triangle referred to in (i) above in such a manner as to materially impede vision at a height of eight (8) feet or less where it will interfere with traffic or pedestrian visibility from a public right-of-way. Section 2. Effective Date. This Ordinance shall be effective upon its passage and publication. Dated the 27th day of July, 1992. .~ ,J~/~r~ckson, Mayor (Published in the New Hope-Golden Valley Sun-Post the 5th day of August , 1992.) Minnesota Sun Publications City 0f New Hope ~ ~ r, (Official Publicatim~ ORDINANCE NO. ~2~09 AFFIDAVIT OF PUBLICATION AN o.o,.A~c-. THE NEW HOPE ZONING CODE BY AMENDING SECTION 4.~33 REGULATING FENCING AND SCREENING The City Council of the City of New Hope .ATE OF MINNESOTA) ordaiUs: ~ Section I. Section 4.033 (3) (a) "General Pro- visions" of the New Hope City Code is hereby SS. amended by adding subsectiOn (3)(a)(viii) to read as follows: COUNTY OF HENNEPIN) (viii) No planting or structure which exceeds a width of tweaty-feur {2~) inches shall be allowed within the sight triangle re(er- E .J. ~Cann :J.n~ , being duly sworn on an oath says that he/she is ' redtoin (i) abeveinsucha manner as to materially impede vision at a height of eight (8) feet or less where it will in- terfere with traffic or pedestrian visibili- the publisher or authorized agent and employee of the publisher of the newspaper known as ty from a public right-of-way. Section 2. Effective Date~ This Ordinance shall be effective upon its passage and publication. Dated the 27th day of July, 1992. N e w H o p e S u n - P o $ t , and has full knowledge of the facts which are /s/EDW J. I~.R,CKSON MayOr Attest: stated belOW. /s/VALERIE LEONE City Clerk (Aug. 5, 1992)-N. HOPE/G. VALLEY (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota SL~ute 331AJ}2, 331A~7, and other applicable laws, as amended. (B) The printed Ordinance No. 92-09 which is attached was cut from the columns of said newspaper, and was printed and published once each week, for o n e successive weeks; it was first published on W e d n e $ d a y , the 5 day A u e u s t ., 19 9 2 , and was thereafter printed and published on every to and including , the day of ., 19__; and printed below is a copy of thJ lower case alphabet 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: Acknowledged before me on this __ 5 dayof Au~u51/, 19. 92. · { ~.~,~ Notary Pubh¢ ~ nnesota ~ ~ HENNEPIN COUNTY RATE INFORMATION (1) Lo~ cla~ifl~ ~e paid by commemial u~m $ 1~ ~r line ~r ~mpa~ie ~ce (Line, ~, or f~h ~e) (2}.M~imum rate all~ by I~ for the ~ ma~er $' ' 9~ ~r li~ · . (Line, ~, or i~h ~e) (3) Rate a~ual~ charg~ ~r the a~ maEer $ ~ ~ line (Line, ~rd, or inch ~e) ORDINANCE NO. 92-10 AN ORDINANCE AMENDING NEW HOPE CODE SECTION 14.510 INCREASING THE WATER RATE FEE REQUIRED BY THE MINNESOTA COMMISSIONER OF HEALTH TO PAY FOR WATER QUALITY TESTING COSTS The City Council of the City of New Hope ordains: Section 1, Section 14.510 (2) "Water Rates" of the New Hope City Code is hereby amended to read as follows: (2) 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 quarterly charge will be ~ $5.55 for each meter plus $1.28 for each 1,000 gallons of consumption over and above the initial 1,000 gallons recorded on said meter for the quarter. $1 .30 of the minimum quarterly 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. §144.3831. Section 2. Effective Date. This Ordinance shall be effective upon its passage and publication. Dated the 22nd day of June , 1992. Attest: Y~' ~ ~.d~ ~/_J~'L~.. Valerie Leone~ City C]erk (Published in the New Hope-Go]den Val]ey Sun-Post the 1st day of Jul,y , 1992.) ORDINANCE NO, 92-11 AN ORDINANCE AMENDING SECTION 1.613 OF THE NEW HOPE CITY CODE BY INCREASING THE MINIMUM INCOME GUIDELINES FOR SPECIAL ASSESSMENT DEFERRALS The City Council of the City of New Hope ordains: Section 1. Section 1.613 "Net Income" of the New Hope City Code is hereby amended to read as follows: 1.613 Net Income. The applicant's net income and net income of all other joint tenants, tenants in common or contract vendees in title to the property may not exceed $19,200.00 $20,400.00 during the preceding year from the assessment levy. Net income determination shall be made under a formula as set forth on a form provided by the City. Section 2. Effective Date. This Ordinance shall be effective upon its passage and publication. Dated the 27th day of July, 1992. /Edw. d~/~Erickson, Mayor V'alerie Leone,/ City Clerk (Published in the New Hope-Golden Valley Sun-Post the 5th day of August , 1992.) City of New Hope Minnesota Sun Publications AN ORDINANCE AMENDING NEW HOPE AFFIDAVIT OF PUBLICATION ~oo~ s~o~ ..~,0,~.~,~ ~.~ WATER RATE FEE REQUIRED BY THE MINNESOTA COMMISSIONER OF HEALTH TO PAY FOR WATER QUALITY TESTING COSTS The City Co[mci of the City of New Hope .,*ATE OF MINNESOTA) ordains: Section 1. Section 14.510 (2) '~ater Hates" of SS. the New Hope City Code is hereby amended to read as follows: COUNTY OF HENNEPIN) (2) Water billsd shall be concurrent with sewer billings. The rate for water furnished to con- sumers by the municipal water system shall be as follows: The minimum quarterly L.J · CannftnE , being duly swom on an oath says that he/she is charge will be $4.~a6 $5.$$ for each meter plus $1.28 for each 1,000 gallons of consumption over and above the initial 1,000 gallons recorded on said meter for the quarter. $1.30 the publisher or authorized agent and employee of the publisher of the newspaper known as of the minimum quarterly charge is assess- ed by the Minnesota Commissioner of Health and shown on the billing statement NeY Hooe/~o ! den Va ! Iey ~un-Post , and has full knowledge of the facts which are as a miscellaneous charge. This chargeis authorized by Minn. Stat. §144.3831. Section 2. Effective Date. This Ordinance shall statod be~lW, be effective upon its passage and publication. Dated the 22nd day of June, 1992. EDW. J. ERICKSON Mayor (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, Attest: VALERIE LEONE City Clerk (July 1, 1992)--N. HOPE as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B)The pdnted Ordinance No. 92-10 which is attached was cut from the columns of said newspaper, and was printed and published once each week, for one successive weeks; it was first published on t~e dnes day , the ~, day -' J U I Y ,19 92 , and was thereafter printed and published on every to and including , the day of ., 19__; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size add kind of type used in the composition and publication of the notice: TITLE~i''~' 6/~nera I Nana~er Acknowledged before me on this ~ q dayof July /, 19 92. ~:~ NENNEP~N COUNTY ~ MY COM~K)N t~XPfF/[-~ 7-2~2 RATE INFORMATION (1) Lowest classified rate paid by commercial users $ l~q0 per line for comparable space (Line, word, or inch rate) (2) Maximum rate allowed by law for the above matter $ 95.9* per line (Line, word, or inch rate) (3) Rate actually charged for the above matter $ 67* per line (Line, word, or inch rate) City of New Hope Minnesota Sun Publications AN ORDINANCE AMENDING AFFIDAVIT OF PUBLICATION ~o.,.,~ o,~ ~.~ NEW HOPE CITY CODE BY INCREASING THE MINIMUM INCOME GUIDELINES · ' FOR SPECIAL ASSESSMENT DEFERRALS ,~,ATE OF MINNESOTA) The City Council of the City of New Hope SS. Sectioa L Section 1.6~3 "Net Income" of the New Hope City Code is hereby amended to read COUNTY OF HENNEPIN) as follows: ~ . 1.613 Net Income. 'l~leapplicant's net i~ome and pet income of a~other joint bmants, tenants-in eommo~ or contract vendaes L. J. _C a n n i n ~ , being duly sworn on an oath says that he/she is in uUe to the property may m)t exceed ......... $2o,~o.ee du~K ~e precedi.K ~.ar groin the assessment levy.. Net the publisher er autherized agent and employee of the publisher of the newspaper known as -torma]~as,settM'tho,]~,tormpn)v~cI- N e w H 0 p e S u n- P 0 s t , and has full .knowledge of the facts which are. Dated the 2?th day of ,la]y, 1992. be effective upon its possa~e and publication. · /s/I~.DW. J. ERICKSON Mayor stated belOW. Attest: · /s/VALERIE L~..ONE City Clerk (Au~. 5, 1992)-N. HOPE/G. 'V'ALI.~¥ · (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed Ordinance No. 92-11 which is attached was cut from the columns of said newspaper, and was pdnted and published once each week, for o n e successive weeks; it was first published on W e d n e $ d a y ,, the 5 day A u ~ u s t ,19 92 , and was thereafter printed and published on every to and including ., the day of ,19 ; and printed below is a copy of the lower case alphabet 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: TITLE: ne ra I Manage r Acknowledged before me on this / / . ~.,5 dayof Auausl.~ /19 92 . NmaJn~ PubI~L" .... V ........... ';~ ~~E/7--~ ~,,~,~, RIDEL M. HEDBLOM } ~ ~iii~ Notary Public Minnesota ~ RATE INFORMATION (1) Lowest classified rate paid by commercial users $ 1,30 per line for comparable space (Line, word, or inch rate) (2) Maximum. rate allowed by law for the above matter $ 95.9¢ I~r line (Line, word, or inch rate) _ (3) Hate actually charged for the above matter $ 67* per line (Une, word, or inch rate) ORDINANCE NO. 92-12 AN ORDINANCE AMENDING SECTION 3.464 OF THE NEW HOPE SIGN CODE BY ESTABLISHING NEW SETBACK REQUIREMENTS The City Council of the City of New Hope ordains: Section 1. Section 3.464 "Signs Accessory to Residential Uses" of the New Hope City Code is hereby amended to read as fol lows: 3.464 Signs Accessory to Residential Uses. Each sign accessory to residential uses shall be set back from the street right-of-way line a distance of at least ten feet ~ located anywhere in the front setback area for that district, Signs accessory to a residential use shall not be permitted except in compliance with the following regul at ions: Section 2. Effective Date. This Ordinance shall be effective upon its passage and publication. Dated the 14th day of September , 1992. /Edw. J,/E-rickson, Mayor Attest: Va~e~i~ Le°ne%~C~ty'C~erk (Published in the New Hope-Golden Valley Sun-Post the 23rd day of _~?temher , 1992. ) City of New Hope Minnesota Sun Publications AFFIDAVIT OF PUBLICATION NEW HOPE SIGN CODE BY ESTA~G NEW The City C0~cil of ~ ~ty of N~ Ho~ _,A~ OF MINNES~A) o~i~: ~- bem~ ~en~ ~ ~d ~ ~il~: ~U~ OF HENNEPIN) 3.~ s~ set ba~ ~mm ~ ~t ~t~;-way line a ~s~.a[ L.J. Cann~n~ ,~ingduly~m~an~th~ the ~u~Jis~er or aut~ori~ ~ent an~ e~ of the ~Jis~er of the fl~p~r ~fl~fl as Si~ac~a~iden~al~es~ wi~ N. H o p e / ~ . V A I I e y S u ~- P o s t , a~ h~ ~ll kn~ ~ the ~ ~i~ ~ ~ eff~ti~ u~n i~ ~ and ~blicaaon. Da~ ~e 14~ ~y of ~m~r, 1~. /s/EDW. J. ERI~ON ~yor ~ ~[~' At.t: is/V~ER~ ~O~ City Clerk (~pt. ~, ]~)-N. ~oPz/a. v~y (A) ~e n~r h~ ~pli~ ~ all ~ ~e ~uimme~ ~n~ qu~ ~ a qu~ n~ ~ pm~ ~ Minn~ ~tute ~1A92, ~IA~, ~d ~r ~le la~, ~ ~end~. (B)~m~ 0rd~nance No. 92-~2 which is attached was cut from the columns of said newspaper, and was printed and published once each week, for o n e successive weeks; it was first published on W e d n e s d a y , the 2 3 day ~-- S e p t ,19 9 2 , and was thereafter printed and published on every to and including , the . day of ,19 ; and pdnted below is a copy of the lower case alphabet 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: TITLE' Gene ra I Manage r A~kncwledged before me on this /- / 23 dayof Sep'l: /, 19 92 -- ~ Nofary' Public /V~ nnesofa ~ RATE INFORMATION (1) Lowest classified rate paid by commercial users $ 1.30 per line for comparable space (Line, word, or inch rate) (2) Maximum rate allowed by law for the above matter $ 95~ per line (Line, word, or inch rate) (3) Rate actually charged for the above matter $ 67* per line (Line, word, or inch rate) ORDINANCE NO. 92-13 AN ORDINANCE AMENDING SECTION 4.112 OF THE NEW HOPE ZONING CODE BY ELIMINATING THE SQUARE FOOT FLOOR LIMITATION ON LIMITED B-4 USES IN THE B-2 ZONING DISTRICT The City Council of the City of New Hope ordains: Section 1. Section 4.112 (4) "Limited B-4 Uses" of the New Hope City Code is hereby amended to read as follows: (4) Limited B-4 Uses. All "B-4" uses that are not marked with an asterisk (*) prc¥~ ...... ~ .... ~ ..... ~ ........ Section 2. Effective Date. This Ordinance shall be effective upon its passage and publication. Dated the 12th day of October , 1992. JEdw. ~.'Erickson, Mayor va~erie Leone, City Clerk (Published in the New Hope-Golden Valley Sun-Post the 21st day of October , 1992. ) City of New HOPe' Min Sun Publications nesota AN ORDINANCE AMENDING SECTION 4.112 OF THE NEW HOPE AFFIDAVIT OF PUBLICATION ~oN,NG co.-. Ry THE SQUARE FOOT FLOOR - LIMITATION ON LIMITED B-4 USES IN THE ZONING DISTRICT The City Council of the City of.New Hope blATE OF MINNESOTA) SeCtion 1. Section 4.112 (4) "Limite~ B-4 Uses" SS. ~ of the New Hope City Cc~le is hereby amended to read as follows: COUNTY OF HENNEPIN) (4) Limited B-4 Uses. All "B-4" uses that are not marked with an aSterisk (*) L. J. C a n n ~. n ~ , being duly sworn on an oath says that he/she is £~_;;..r_;~..~ ........................ Section ~. Effective Date. This Ordinance shall be effective upon its passage and publication. the publisher or authorized agent and employee of the publisher of the newspaper known as . Dated thel2thdayofOctober, 1992. /s/EDW. J. ERICKSON, Mayor Attest: /s/VALERIE LEONE CityClerk N. H o p e / G. V a I I e y S u n - P o s t , and has full knowledge of the facts which am . (Oct 21, 199~):N. HOPE/G. VAI.I.EY (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A/)2, 331A.07, and other applicable laws, as amended. (B) The printed Ordinance No. 92-13 which is attached was cut from the columns of said newspaper, and was printed and published once each week, for o n e successive weeks; it was first published on W e d n e s d a y ., the 21 day 0 c t o b e r., 19 c)2 , and was thereafter printed and published on every to and including the day of ,19 .... ; and printed below is a copy of the lower case alphabet 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: TITLE: / Gene Fa I Manage r / Acknowledged before me on this / / 2 ' 1 ~,,~f October~ _~ 92 ..~ ~:~'~,~'i~ Notary Public Minnesota RATE INFORMATION (1) Lowest classified rate paid by commercial users $ 1.30 per line for comparable space (Line, word, or inch rate) (2) Maximum rate allowed by law for the above matter $ 95.q* per line ' (Line, word, or inch rate) (3) Rate actually charged for the above matter $ 67* per line (Line, word, or inch rate) ORDINANCE NO. 92-14 AN ORDINANCE AMENDING THE NEW HOPE CODE SECTION 3.463 ESTABLISHING SIGNAGE REGULATIONS FOR CHURCHES, SCHOOLS, NON-PROFIT INSTITUTIONS AND GOVERNMENTAL BUILDINGS The City Council of the City of New Hope ordains: Section 1. Section 3.463 "Signs Acce~8ory. to Churches, Schools or Non-Profit Institutions "of the New Hope City Code is hereby amended to read as follows: 3.463 signs Accessory to Churches, Schools., e~ Non-Profit Institutions, or Government Buildings. Signs accessory to churches, schools, cr non-profit institutions or government buildings are permitted subject to the following regulations: (1) Maxi Signage mum . (a) Directional Signs. For each principal building on a lot, there shall be not more than one (1) directional sign except on a corner lot where two (2) signs, ..one facing each street, shall be permitted. No such signs shall exceed thirty (30) Square feet in area. Such signs shall be set back not less than ten (10) feet from the property line. (b) Identification Signs. For each principal building on a lot, there shall be not more than one (1) identification sign. except on a corner ]ct where two (2) signs, one facing each street, shall be permitted. No such signs sha]l exceed seventy-five (75) square feet in area. Such signs shall be set back not less than t~n..(.lO) feet from.t.he property line. (2) Temporary Signs. Temporary signs, banners and displays for church, school, government buildings, institution or civic events are permitted but must be located on property owned or controlled by the church, school, local government unit, institution, or civic organization and may be displayed only during a period commencing thirty days prior to the scheduled event and ending three days after closing date of said scheduled event. Section 2, Effective Date. This Ordinance shall be effective upon its passage and publication, Dated the 14th day of September , 1992. /~d-w. ~t<.~ Er) ckS°n, Mayor At t est: ~J--~_~ ~')~- Valerie Leone, City Clerk (Published in the New Hope-Golden Valley Sun-Post the 23rd day of September , 1992.) City of New Hope (Official Publication) Minnesota Sun Publications AN ORDINANCE AMENDING THE NEW HOPE CODE SECTION 3.463 AFFIDAVIT OF PUBLICATION ~.~,~,~.,~ ~. FOR CHURC~S, ~L~ NON-PROFIT INS~TU~ONS AND GO~RNMENTAL BUILDINGS The City Co.cji of the City of N~ Ho~ o~: ~.~TE OF MINNE~A) ~ction 1. ~cfion 3.~ '~igns Accessory Ch~ehes, ~h~ls and Non-Profit Institutions" ~. of ~e N~ Ho~ City C~e is hereby amended ~ ~ad as foH~: ~U~ OF HENNEPIN) 3.~ Si~s ~cesso~ ~ Church,, Sch~ls~ N~-P~it ~stitutions, or ~vernment Bail~gs. Si~ acc~o~ ~ chichi, sch~ls, ~ non-p~fit i~fitutio~ or L. J = C a n n ~ n ~ , ~i~ d~ ~m on ~ ~ ~ ~ ~ is ~overnment bufl~gs ~ ~i~d sub- ~ect ~ ~e foiling ~atio~: (1) ~ S~age.~ the p~lisher or aut~dz~ agent a~ emp~ of the punisher of the n~p~r kn~n ~ N. H o p e / G. V a I I e y S u n - P o s t , a~ ~ ~11 kn~ ~ the ~ ~i~ are :::::::::::::::::::::::: (a) D~ectional Signs. For each prin- cipal b~d~g ~ a lot, there shah ~ not more than one (1) ~- (A) ~e ~r h~ ~i~ ~ ~1 ~ ~e ~ui~ ~n~ qu~ ~ a qu~ n~, ~o.a~ si~ e~cep~ o. a cot.er ~o~ where two (2) si~s, one each strut, shall be ~ermit~d. ~ p~d~ by Minn~ ~t~e ~1A.02, ~IA.~, a~ ~her ~ic~e la~, ~ ~e~. ~os.chsig.s shallexce~y (30) square f~t ~ area. Such signs shah be set back not I~s (B)~e ~ 0rd~nance No. 92-~4 ~Y~"~"~O~r°m~h~or°o~'~"~- (b) Identification Si~s. For each pr~cipal building on a lot, there shall be not more than one (1) identification sign except on a corner lot where two (2) signs, one fac~g each street, shall per~t~. No sa~ si~s shah ex- which is ~c~ w~ ~t ~m ~e ~lumns ~ ~id n~r, ~ ~ pri~ and publish~ once ~ch ~k, ~e~ seve.~r-~ve (~5) sq.~ ~ area. Such signs shall be set back not less ~ ten (10) feet from the p~pe~y Hnd. ~r one su~ ~; ~ ~ fi~ publish~ on Wednesday ,, the 23 ~Y (2) ~m~ra~Si~s.~m~ra~si~, harem and disp~ for chub, ~h~l, gove~ment b~, ~ S e p t ., 19 9 2 , a~ ~ ther~er pfi~ and pu~h~ on ~ ~ tion or civic even~ are ~r~t~ but m~t ~ l~d on pm~rty ~n~ or ~ con~H~ ~ the chub, ~1, I~al government ~it, i~titution, or civic and incl~ing ~. the ~y ~ ., 19 ; and pH~ ~1~ is o~atio, and may ~ ~played o~y d~g a ~ri~ co~enc~g th~ty da~ prior ~ ~e schemed a ~ ~ ~e I~r ~ ~ph~ from A ~ Z, ~h inclusi~, ~ich is hem~ ack~~ ~ ~i~ the size eve.t anden~g ~ ~ afar cl~g ~te of said schemed ~ent. ~ 2. Ef~ Da~ ~is O~n~ ~ ef~tive u~n i~ ~ssage and publication. ~d kind ~ ~ u~ in ~e ~m~i~ ~d publi~ion ~ the n~: DaSd ~e 14th ~y of Septem~ 1~. /s/EDW. J. ERICSON Mayor  Attar VA~R~ LEO~ a~~~ ~ ~ ' City Clerk ~: ~ ~( (Sept. ~, l~2)--N. HOPE/G. T~E:~RoGeneral HanaEer ~~ ~ me ~ thi~ / 23 ~ ~ Se~ ~ 92 [ ~: NotaryPublicMinnesota ~TE INFORMATION (1) ~ cl~ifi~ ~e paid by ~mmemial u~m $ 1~ ~r line ~r ~le s~ (Uno, ~, ~ i~h ~e) (2) M~imum ~e all~ by law ~r the ~ m~er $ 95~ ~ line (U~. ~, ~ i~h ~e) (3) R~e a~ually cha~ ~r t~ ~ m~r $ ~ ~r I~e (Uno, ~rd, ~ i~h ~e) ORDINANCE NO. 92-15 AN ORDINANCE AMENDZNG NEW HOPE CODE SECT[ON 4.114 (4) BY PERMZTT[NG GARDEN NOVELTY STORES AS A CONDZT[ONAL USE IN A B-2 ZONE The City Council of the City of New Hope ordains: Section 1. Section 4.114 (4)(j) "Criteria for (a) through (i)" of the New Hope City Code is hereby renumbered to Section 4.114 (4)(k) and amended to read (a) through (j). Section 2. Section 4.114 (4)(j) "Garden Novelty Stores" of the New Hope City Code is hereby added to read as follows: (j) Garden Novelty Stores. With outdoor storage/sale areas subject to the following conditions: Outdoor storage/sa]es area(s) shall not exceed one hundred twenty-five (125) percent of the gross floor area of the building~ (ii) Outdoor storage/sa]es area(s) may be allowed in a front yard if a ten (10) foot setback from public rights-of-way is provided, required fencing across front yards shall be at ]east seventy-five (75) percent open for passage of air and light, and said fencing does not exceed seven (7) feet in height. (iii) Outdoor storage/sa]es area(s) sha]l be fenced around its periphery and must be screened from residential zoning districts. The design and materials used in constructing the required fencing/screening shall be subject to City Council approval and constructed of premium quality materials such as masonry, brick, quality wood(s) and/or metal(s), not including wire weave/chain ]ink, barb wire, or scrap metal materials. (iv) Outdoor storage/sa]es area(s) must be surfaced with concrete, bituminous, or similar mater~a] to control dust and to provide a clean, attractive and usable surface. (v) Outdoor storage/sa]es area(s) do not take up parking space necessary to meet the requirements of this Code. (vi) All lighting shall be hooded and so directed that the light source shall not be visible from the public right-of-way or from neighboring residences and shall be in compliance with Section 4,033 (5) of this Code. Section 3. Effective Date. This Ordinance shall be effective upon its passage and publication. Dated the 12th day of October , 1992. ,/ Edw. ~n Attest: ~ (~_~-~q~¢~ Mayor Valerie Leone, City Clerk (Published in the New Hope-Golden Valley Sun-Post the ~ day of October , 1992.) Minnesota Sun Publications 0f,,,o,..-i.? AFFIDAVIT OF PUBLICATION GARDEN ] The City COUncil' o,*~TE OF MINNESOTA) ordains': Seetiee 1. ~ through (i)" SS. hereby renun amended to read COUNTY OF HENNEPIN) ty added to read as follOWS-.. L. J. C ann i n ~ being duly sworn on an oath says that he/she is (j) Garden Novelty Steres. W~h outdoor ' storage/sale areas subject*tn the folJowiag conditions: - . _ (i) Outdoor sterage/sales area(s) shall'not the publisher or authorized agent and employee of the publisher of the newspaper known as exceed one hundr, ed twenty-five(125).; percent of' the grbss fl~e~ area o!-the building. . (ii) Outdoor sterage/s.~al~S areas(s) may be N. Hope/G. Vel Icy Sun-Post , and has full knowledge of the facts which am allowedinafro~tyardifate~(lO) feot setback from public ri~ts-of-way provided, required feneingaerOss front yards shall be at least seventy-fiv~ (T&) stated be~3W, percent open fer~passage.~f ai~ and fight, end said fen~ing d~s neg ~xceei¥ seven (7) feet in height, (Al The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, (iii) Outdoor steragelsales a~eais) shall be .fenced aroond ]t~perfphqry and,mugt~, oe screened from vesiden, tial zbnlng districts. The desig~ and mate~iaiSulwd as provided by Minnes~a Statute 331A.02, 331A.07, and other applicable laws, as amended, a constructing the required Jug/screening shall be .subjeCt ~ Citer Council approval and~constrocled-ol~ (B) The pl'irlted OF'd ~J"l~nce No , (~2- ~.~ premium qualit~,'~aterlals such masoary, br~k, ~ weed(s) and/e~ metal(s), . not . ]melt~tiag weave/chain '.~, e~ barb ~ e~/serap metal materials. ' (iv) Outdoor storage/sales area(s) mnsgbe surfaced with cohcrete,, bJt~mjnOaS similar material to'control ~lust and which is attached was cut from the columns of said newspaper, and was printed and published once each week, provide a clean, attractive and usable 5UFfaCe. (¥) Outdoor SMF~g~-/~alL's area(s) do ne~ for o n q successive weeks; it was first published on We_ d Fi e s_ d a y_ , the _2 ~ day take up parkin~ space neeessar~ meet the reflUb~_ments of .this Code. (vi) All liKhting sh~il be hoeded and sa · directed that ~e fight souree'sh~tl net ~- 0 C t O_ b e r, 19 92 , and was thereafter printed and published on every ..... to" be visible from thelmbfi~..fight-e~-w.aY~ er from ne)gb, bnsi~g reside~ceA shall be ill cq~plih~¢e With 4.oa3 (5) ~tMs c~. and including ..... the day of __ , 19 ; and pdnted below is Section 3. P, ffeetive-D~.te,~Ordiuanceshall be effective upon itsj~and" publication. Dateded the 12th day~: of C~tOber, 1992. /s/~.])w. ~.' ]~mCKSON a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size - - ~a~or Attest: /s/VAL~RIE L~OiN'~ City Clerk and kind of type used in the composition and publication of the notice: (oct. 21. 1992)--N. HOPE/G. V,~,LL~..¥ abedefghilldmnopq~~ TITLE: Gene ra I Hana~e r Acknowledged before me on this / / 21 da of October/ ,19 92 . · ~ ;~ Notary Pub c RATE INFORMATION (1) L~e~ c{a~}fi~ ~e ~id by ~mmercia{ u~m $ 1~ ~r {{ne ~r ~mpa~{e s~ce : (Line, ~, or inch mtn) (2) M~imum ~te a{{~ by {aw ~r ,the ~e m~er $ 95~, ~r fine '" (Line, ~, or {~h ~e) (3) R~e a~u~ly cha~ ~r i~ ~e m~er $ ~* ~r line (Line, ~, or inch ~e) ORDINANCE NO. 92-16 AN ORDINANCE AMENDING NEW HOPE CODE SECTION 13.073 RELATING TO PLACEMENT OF MONUMENTS The City Council of the City of New Hope ordains: Section 1. Section 13.073 (1) "Placement of Official Monuments" of the New Hope City Code is hereby amended to read as follows: (1) Placement of Official Monuments. Official monuments, as designated and adopted by the Hennepin County Surveyor's Office and approved by the Hennepin County District Court for use as judicial monuments, shall be set at all c~ch corn;r or angle and curve points on the outside boundary of the final plat. The boundary line of the property to be included with the plat shall to be fully dimensioned; all angles of the boundary excepting the closing angle shall to be indicated; and all monuments and surveyor's irons shall to be indicated, ~ ~^ ~_~ A~ ~ Section 2. Section 13.073 (2) "Other Monuments; Preservation; Plat Detail" of the New Hope City Code is hereby amended to read as follows: (2) Other Monuments; Preservation; Plat Detail. Pipes or steel rods shall be placed at all block and ~ lot corners, at all intermediate points on the block and lot lines indicating changes of direction in the lines and witness corners, and at each intersection of street center lines. All United States, State, County or other official bench marks, monuments or triangular stations in or adjacent to the property shall be preserved in precise position and shall be recorded on the plat. All lot and block dimensions shall be shown on the plat and all necessary angles pertaining to the lots and blocks, as an aid to future surveys, shall be shown on the plat. No ditto marks shall be permitted in indicating dimensions. Section 3. Section 13.073 (4) "Delayed Monumentation" of the New Hope City Code is hereby added to read as follows: (4) Delayed Monumentation. All monuments required above shall be set by the time of the recording of the plat with the County. In the alternative, certain monuments required by subsection (2) above shall be set within one year after recording, provided the following conditions are met: (a) Prior to the setting of any monuments, the developer shall obtain written approval from th~, City for any delay in monumentation, includin.q the specific time delay and the specific monumentation to be delayed. A copy of this written approval shall be sent to the County Surveyor's Office prior to the setting of any monuments. (b) All block corners and all angle and curve points on the block lines which indicate a change in direction must be monumented at the time of recording the plat. .(c) The City may specify a time shorter than one year for completion of delayed monumentation. (d) The City may requi re the developer to post security, in a form acceptable for development contracts, of 150% of the cost of any monument installation for any delayed monuments. (.e) For any lot affected by delayed monument at i on , no building permit for said lot shall be issued, and no conveyance of said lot shall be allowed until all monuments are in place and certified to by a land surveyor. Section 4. Effective Date, This Ordinance shall be effective upon its passage and publication, Dated the 23rd day of November , 1992. At t est: _ ~ Valerie Leone, City Clerk (Published in the New Hope-Golden Valley Sun-Post the 2nd day of December , 1992.) Minnesota Sun Publications '~' ORDINA~ AFFIDAVIT OF PUBLICATION orATE OF MINNESOTA) SS. COUNTY OF HENNEPIN) L · J. C a n n i n~[ , being duly sworn on an oath says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as G. V a I I e y / N. H o p ~ S u n- P o s 1: , and has full knowledge of the facts which are ¢lmdltle~s are met: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, ~e as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended, to t~e cam~ (b) (B)The printed 0rd~nance No. 92-3.6 (d) · moaameats,' (e). Fee any Io~ affeete~by/~iaY~d, meim plaee ami eedlfle{l.l~.hy' ~: which is attached was cut from the columns of said newspaper, and was printed and published once each week, gSe~a~ao~ ~. ~..ffeeU~eDate. ~lds~ee slu~ AttestS:/s/YA[~RIE !.~ Cit3~C~Jerk for one successive weeks; it was first published on We dnesday ., the 2 day ~ 9 e c e m b e F, 19 9 2 , and was thereafter printed and published on every to and including ., the day of ,19 ; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size an~d kind of type used in the composition and publication of the notice: TITLE: ~ene ra I Manage r Acknowledged before me on this / i 2 davo~ ~cem~er/ ,~9 92 Ot~ ~ ..... MERiDeL M. HEDBLOM ~ ~ ~ ,~.~.~ Notsry IPubll¢ Minnesot~ ~ ~ ~,~i!-HENNEPIN COUNTY --.: .-, :.._.__ RATE INFORMATION (1) Lowest classified rate paid by commercial users $ 1.30 per line for comparable space (Line, word, or inch rate) (2) Maximum rate allowed by law for the above matter $ 95.9, per line (Line, word, or inch rate) (3) Rate actually char0ed for the above matter $ 67* per line (Line, word, or inch rate) ORDINANCE NO., 92- AN ORDINANCE AMENDING NEW HOPE CODE SECTION 4.032 (3)(i) REGULATING AIR CONDITIONER SETBACK REQUIREMENTS The City Council of the City of New Hope ordains: Section 1. Section 4.032 (3) (i) "Air Conditioners" of the New Hope City Code is hereby amended to read as follows: (i) Air Conditioners. H~ accessory uses or equipment such as air conditioning cooling structures or condensers (around mounted) which generate noise ,,m;y shall be located in rear yards behind the rear building line. Air conditioning cooling structures or condensers located within a required side yard .... . ........ z .... '"~ ......... ~ ~ ..... ' .... at the effective date of this section may lawfully continue and may be replaced at such a location provided the following conditions are met: (i) The coo]lng structure or condenser shall not produce noise levels contrary to §§9.423 and 9.424 of this Code. (ii) The cooling structure or condenser shall be screened by landscaping, fencing, or other means renderin9 it concealed from view from adjacent property. (iii) The cooling structure or condenser shall not lie within a required drainage and/or utility easement. Section 2. Effective Date. This Ordinance shall be effective upon its passage and publication. Dated the 23rd day of November , 1992. Edw. z~'. ~Erickson, Mayor Attest: ~ ~ Valerie Leone, City Clerk (Published in the New Hope-Golden Valley Sun-Post the 2nd day of December , 1992.) Minnesota Sun Publications ORDINANCE NO. 92-17 AN ORDINANCE AMENDING REGU~G AIR COND~ONER SET~CK REQ~ME~ The City C~I ~ ~e ~ N~ Ho~ ~IA~ OF MINNE~A) ~caon 1. ~fi~ 4.~2 (3) (i) '%~ Con~* amen~ ~. (i) ~ Con.onto: ~ acc~ ~ or ~pm~t such as a~ c~o~ c~- ~UN~ OF HENNEPIN) the publisher or a~dz~ a~ and empl~ ~ the publ~her ~ the n~r kn~ may la. fly ~n~ue nd may plac~ at su~ a ~ati~ ~d~ the N. H o p E [ G. V a I I e y S u n- P o s t , ~ ~ ~11 ~~ ~ ~ ~ ~h ~ fou~g c~ ~e met: (i) ~e ~ s~c~ ~ e~aser shall (~) ~e e~S~t~ ~c~deaser shah ~ Ue ~ a~a~,~age aad/or ~ ~ W Minn~ ~e ~A.02, ~A~, ~ ~r ~ I~, ~ ~. (B)~e~ Ordinance No. 92-17 /~g. smc~o~ Mayor A~t: Cit~ C]e~ ~ o n e s~ ~; ~ ~ fi~ pua~ on W e d n e s d a y , ~ 2 d~ ~ D e c em b e r, i9 92, ~ ~ the~ p~ ~ ~ ~ ~ to ~ incl~i~ ., the ~ ~ ., 39 ; ~ ~ ~1~ is a ~ ~ ~e ~ ~ ~ph~ ~m A to Z, ~h inclus~, ~ich ~ ~ a~~ ~ ~i~ the s=e a~ ki~ ~ ~ u~ in ~e ~on ~d ~bl~n ~ ~e n~: ~TLE: ~ene ra I Manage r ~ ~T¢.~ Notary Public ~[nnesota ~TE INFORMATION ~r ~m~ s~ce (~ne, ~, ~ i~h ~e) (2) M~imum ~e all~ ~ law ~r the a~e m~er $ 9~ ~r line (3) Rae a~ualN c~ ~r the ~ m~er $ ~ ~ ~ne (~ne, ~, or i~h ~e) ORDINANCE NO. 92-18 AN ORDINANCE [NCREASZNG THE MAYOR AND COUNC[LMEMBER SALARZES The City Council of the City of New Hope ordains: Section 1. Section 2.111 "Mayor and Councilmembers Salaries" of the New Hope City Code is hereby amended to read as follows: 2.111 Mayor and Councilmembers Salaries. The salary of the Mayor is hereby established at~,v.v~~°"~ ~° $318.45 per two week pay period effective January 2, 1993 and shall increase to $326.41 effective January 2, 1994. ~ The salary of each Councilmember is hereby established at · ~2-1-9-~65225.36 per two week pay period effective January 2, 1001 1993 and shall increase to $230.99 effective January 2, 1994. Section 2. Effective Date· This Ordinance shall be effective upon its passage and publication. Dated the 26th day of October , 1992. 7 ~'~'~)~-(~'~~ /~=dw. ~. -Erickson, Mayor At t est: . Va]erie Leone, City Clerk (Published in the New Hope-Golden Valley Sun-Post the 28th day of October 1992 ) City of New Hope Minnesota Sun Publications ORDINANCE NO. 92-18 AN ORDINANCE INCREASING THE AFFIDAVIT OF PUBLICATION MAYOR AND COUNCILMEMBER SALARIES The City Council of the C~ty of New Hope ordains: Section 1. Section 2.11i "Mayor and Coun- cilmembers Salaries" of the New Hope City o ~ATE OF MINNESOTA) Code is h~reby amended to read as follows: 2.111 Mayo~ and Co~nciimembers Salaries. The SS. salary of the Mayor is hereby established a t $~,10~ $318.45 per two week pay period COUNTY OF HENNEPIN) effective January 2, 1993 and shall in- crease to $328.41 effective January 2, 1994. =='/_ t~e The salary of each Coun- cilmember is hereby established at $2!~.~ L. J. Cann ~.n~ , being duly sworn on an oath says that he/she is $225.36 per two week pay period effecUve January 2, ~ 1993 and shall increase to $230.99 effective January 2, 1994. Section 2. Effective Date. This Ordinance shall the publisher or authorized agent and employee of the publisher of the newspaper known as be effectiveuponitspassageandpublicaUon. Dated the 26th day of October, 1992. EDW. J. ERICKSON MayOr N. H o p e / G. V a I I (~ y S u n- P o s t , and has full knowledge of the facts which are Attest: VALERIE LEONE, City Clerk stated below, iOct. 28, 1992)-N. HOPE/G. VALLEY (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed Ordinance No. 92-3.8 which is attached was cut from the columns of said newspaper, and was printed and published once each week, for o n e successive weeks; it was first published on W e d n e 5 d a y ., the 2 8 day .-~ 0 ¢ t: o b e r-, 19 92, and was thereafter printed and published on every, to and including , the day of ,19 ; and printed below is a copy of the lower case alphabet 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: iJ ./c TffLE: L~eneral Manager' Acknowledged before me on this / 28 dayof 0c1:ober/_ ~ ,19 92. . -~ D~':~ Notary Public Minnesota Z My C0mmissmn Expires JuL 1& 1998 PATE INFORMATION (1) Lowest classified rate paid by commemial users $ 130 per line for comparable space (Line, word, or inch re/e) (2) Maximum rate allowed by law for the above matter $ 95.9* per line (Line, word, or inch rate) (3) Rate actually charged for the above matter $ 67~ per line (Une, word, or inch rate)