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1954 ORD Chapter No. 16 Ordinance No. 5~-1 AN ORBINANCE DE~ACHI~.~G CERTAIN LAhrD ~OMi VILLAGEJOF ~W HOPE. . . The Village off New Hope Ordains: Section 1. All of the property owners of the land hereinafter described haVing petitioned the Village Council of the Village of New Hope and cf the Village of ~rystal to have said land detached from the ~illage of New Hope~ and annexed to the Village of Crystal, and it appearing that it is unplatted land situated within the corporate limits of the Village of New Hope but adjacent bo the Village of Crystal and the Village Council of the Village of New Hope · having determined that the change will be for the benefit of the village and of the land affected, it is hereby determined that Said property shall be detached from the Village of New Hope, the same being legally described as follows: All of Lot 23, "Auditor's Subdivision Number 226, Hennepin County, m~Minnesota", except the. East 231.9 feet of the South 325 feet thereof and that part of the Northeast Quarter of the Southwest Quarter ef Section 5, Township 118,. Range 21 described as follows: Beginning at a point on the North line thereof 88.?8 feet Nest of the Northeast corner thereof; thence Southerly, a distance of 225 feet to a point 87.8~ feet WeSt of the East line of said Northeast ~arter of the SoUthwest Quarter; thence Nest to the West line of the East ~uarter of said Northeast Quarter of the Southwest Quarter; thence Nor{h along said Nest line to the North line.thereof; thence to the point of beginning. Section 2. Ce~ifi~d~copie~s of this Ordinance shall be filed by the Clerk in the 6~£ice 'of the County Auditor of Hennepin County, Minnesota and in the office of the Secretary of State, Section 3. This Ordinance shall be in full force and effect from and after its passage and publication and the filing of certified copies thereof in the offices above-mentioned as required by law and the adoption of an Ordinance and the Village Council of the Village of Crystal annexing said territory te the Village of Crystal and the filing of certified copies of said Ordinance as re- quired by law. ~ Passed by the Village Council of the Village of New Hope this ~ ~day of 19 4. Attest: ~ ~ Clerk Published in North Hennepin Post, M~y /~ , 1954. (Seal) ' NO.- 1~ THE NORTH HENNEPIN POST ~. AFFIDAVIT OF PUBLICATION hereirmfter' descrilied having ' he 'Village Council of the Vii- STATE OF MINNESOTA .1}itge:of New Ifope. and of .the Viltage of ~ ~ ~ystal 'lb' h~3e said land detached from COU~ O~ ~k~ 'V~lage 6i Ne~ Itope ~d ann'~ed to ~ ' the ~i~ge of C~pstal, and it appearing ' thgt 'it i~: unplatted,, land situafe~ witch ~ t~:e~r~omte limit~ ~ the Village of New ~. f~ ~) ~ * ~ it~ bdt. adjacent td~the Village of Crys- .~ ~[j, I//~ ~~~~. f ng dly sworn on ~th ~ays that he is ~d dur~ ~l the tim~ :~ ~ew llope haviug determined t~t the ~' '~' change will be for the .benefit of the v l- '.la~' ~ ~f tke land affected, It is hereby .. .~ted has be~.. ~r~ i/~!'~ .... of me Post Publis~ Co., the publisher ~taf~lnda' tl{fii sRill property ~hall be de-- the newspaper ~own ~ THE NORTH HENHE~Ih' POST, and has full ~owle~ge of the~yaets herein .~he s~e being legally d~seribed as follows: ~ / ' ,./~ ., :'~l' of Lot 23' ;'Auditor's Subdivision ' ati,:ed' that for more tha~ one year prior to the publication therein of the. __.. ........ ~- N~h~' 22~ i~Yq;mepin County, ~nne- ~ ~ '/ ' 't ~ , . '~ ,~ot~,"~ept the'East 251,9 feet of the , -~//~Z¢~ ~}) ~ (7--[ hereto -t~ehe~/.id ne~ >~;: ~ufh 325 feet, thereof and that par~ '~ ....... ~r:.( .......... '..': ...... ; .............................. ~d, ~id >~.~0f the. Northeast Quarter of the South- ] printed and published in the Village of Crystal in the County of Hennepin, State of ~inneaota, on ~' ,~est Quarter of Section 5, Township Thursday of eaeh week; that during all said time the following conditions have ~st~: 118 Range 21 described - as follows Beginning at a point on the N%rth line ~ ~ereof 88.7~-fe~t West of the North- east corner *~reof; .thence Southerly Said newspaper has been printed in. the English lan~age, from its known office of publication within a distm~ce of 225 fe~ to a point 87.84 the village from which i~ purports ~o be :~ued as aboye state{ m qolumn and ~heet form eqmvalent in space fe~ West of the Eas~ line of said to at least 450 running roches of single column, [wo.mches w:de; ~t has been ~ssued once each we~ from a Northeast auarrer of the Southwest known offic~ established in such place for pubheatmn and equipped with skilled workmen and neees~ry Quarter; thence West to the West llne materiM for pr.paring and printing the same; th~ press work thereon has been done in its known office of of the East Quarter of said No~heast publication; in its makeup not less than twenty-five per cent of t~ news column has been devoted to local news of interest to the community which it purports to se~e; it has contained generM news, comment and Quarter of the Southwest, Quarter; miacel~ny; it ~ not wholly duplieate~ ~y other ~ublieati%n and has Eot be~n entirel~ made up of pat- -thence North along said West line ~to cuts, plate matter, and adve~isements; ~t has been ebreulated m and.near ~ts ~id place ozpublleation to the the. North'Iine thereof; thence to the' :~int ~f beginning. ~ ~tent of at least two hundred and forty (240) copras regularly dehvered to paying subscribers; it has had ~try as ~eond class maker in its local postoffiEe; ~nd there h~ been on file in the office of ~e Coun~ "~'~etion 2. Certified copies of ~his Or- - Auditor of ~enn~ County, Minnesota, the afftdav~ of a person having knowledge of the facts, ahow~g ~ance shall be filed b~ the Clerk in ' the nme and lo~tlon of s~d newspaper and the ~mtenee of the eondltiona constituting i~ q~ifieationa ~&' office, of the County Auditor of }Ich.ne-; as a legal new~paper -pin Couuty 3{inne~m and in the o~fice ' :~t'.the Secretary of State. ' : :Section 3. This Ordinance shall be in ff(ffi {~rce and eff~t from and after its T~t th~ legal or offici~ matter hereto attached was cut from the columns of s~d n~wapaper, and was  'ssqge and 9uhli~atlon ~d, fl~ !itine of · rtifAed eop~es th~eof, in the offices above- ~, -, 9 ~¢ntioned as required by 'law and the printed and published therein in the English l~guage once each work, for..~.7..(.~/.~eee~i~ w~; ,.~6ption of' ~n Ordi~e ~d. the Village .~.~ ~ncil of the ~illage o~ Ckystal annex, i~ sild territory ' {o the-Village of Cry?tal That it w~ first ~o published on ~ursday) the ................................. da~ .~ ~e {ihnff of certified c~pies of said ~z · I' '~i~nee as required by law. - ¢ ~ ' 4~:: ........... 19~77.,:~d ther~fter on Thursday of ~ch we~ to ~d ~ittage :0F~NeW H~e 'this 22h~'day of~ ~'~ 1954. ~. . g .......... : F-. - }III.TON C. tlONSEY, 3fayor ~cludln t of 19 that the followingi~ a pnnted copy of the lower case alphabet from A to Z, both ~*lu~ive, and is hereby AT'TEST: ~N TRUCKE~ ' - ~-' acknowledged ~-belng ~he ~e and kind of type used in the composition ~d publi~fi~ of a~d le~l or Clerk . : official matter, to-w~t: '%}'ubli.shed in The N%rth .Hennepiw,~ost., ~e~f. 16, 1954). abedefghijklmnopqrstuvwxyz~6-pt. Oldstyle · , abcdefg~j,klmopqr s~v~y~-pt. Devine abcdefghij~opqrs~~7 ~ -pt. ~ce~or abcdef~Mik~nop~s~uv~~ Memphis Bold ~/~ ......... ~. A.,4.,. :~ ~ ........ RALPH J. 8ENNETHUM No~ Pu~ic, Hennepin County lvlinn, ~ ~mi~on ~pires March 27, 1960 ~ ~ D T° ~ ~ ~ o,/~ Chapter 153 Ordinance No. 54-2 AN ORDIN~/~CE REGULATING THE USE, DISCHARGING OR EXPLODING OF FIP~, SHELLS A-~ AIR RIFLES WITHI~ THE VILLAGE OF NEW HOPE, PROVIDING FOR THE ISSUANCE OF PEP~ITS, AND PROVIDING A PENALTY FOR VIOLATION TH~%EOF. The Village Council of the Village of New Hope Ordains: Section 1. No person shall shoot, discharge or explode any firearm, cartridge or shell containing an explosive, or air rifle within the corporate limits of the Village of New Hope without first chaining a written permit from the Village Council, except: a. Persons duly authorized to act as law enforcement officers, or members of mili+~ry forces of the United States or the Stateof Minnesota in the discharge of their duties; b. Persons engaged in target shooting, with inanimate objects as targets, within a building or structure safely enclosed where the sound of the shooting e~' discharge will not be a nuisance to persons occupying adjacent property; c. Persons engaged in target or trap shooting on target or trap shooting ranges licensed as such by the Village Council as hereinafter provided; d. Persons acting in self-defense when the use of firearms for that purpose would not be .unlawful under the laws of the State of ~innesota; e. For the destruction of diseased, injured or dangerous birds, animals or reptiles by persons specifically authorized to do so by the Chief of Police, the President of the Village Council or Village Council. Section 2. The Village Council may license the use of firearms and air rifles ~$b target shooting and trap shooting at any suitable place within the · Village upon application of the owner or occupant of the premises to be licensed and payment of a license fee of $2.00 per year. All such licenses shall expire on December 31 of the year in which granted. No such licenses shall be granted until the Village Council shall be satisfied that target shooting or trap shooting at the place to be licensed will not be a hazard to persons, animals or property on or adjacent to the licensed premises, and no such license shall be granted with respect tea place not a safe distance from a public street nor to any place where the sound of the shootingwill be a nuisance to the residents in the vicinity. In granting such a license the¥illage Council may prescribe the hours daring which shooting will be permitted and the caliber of rifles or other firearms which may be used. Any such license may be terminated by the Village Council at any time after reasonable notice to the licensee and hearing, if the Village Council shall find that any prevision of the license has been violated or that use of the target or trap shooting range has become hazardous to any persons, property, animals or a nuisance. ,~ ChaPter 153 or . 54-2 ~ ~2~ Section 3. The Village Council, the President of the Village Council may grant a permit to any person on application for the use of appropriate fire- arms or air rifles for destruction of a diseased, d~gerous, or injured animal, but no such permit shall be valid for longer than 24 hours after given. Section 4. Upon payment of a license fee of $.25 per year, or any portion thereof, the Village Clerk may issue a permit, for the shooting, dis- charging, or exploding of any firearm, cartrid~ or shell containing an explosive, or air rifle, by any person within the corporate limits of the Village of New Hope, but all such permits shall expire on December 31 of the year in which granted and shall specify the type or types and caliber of firearms authorized, the hours during which shooting will be permitted and the portion of the Village in which shooting is authorized. Any such license may be terminated by the Village ~ouncil at any time after reasonable notice to the licensee and without hearing, if the Village Council shall find that any provision of the Ordinance has bee~ violated or that use of the permit has become hazardous to any persor~ property or a nuisance. Section 5. Nothing in this ordinance shall authorize the use of, any fire- arm or air rifle in a manner which willendanger any human being or property, amd no permit or license granted hereunder shall in any way relieve the person acting thereunder from civil liability for any damage resulting from such use of any firearm or air rifle. Section 6. Any person who shall violate any provision of this Ordinance shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than One Hundred Dollars ($100.00) or imprisonment not exceeding ninety (90) days. Passed by the Village Council of the Village of New Hope this /3~day of ~ay, 1954. Clerk (Seal) Published in North Hennepin Pest this ] day ef~/1954. THE NORTH HI=-NNEPIN POST ,~ of the Village ~. no pe ...... hah amot,' dis- ~FIDA~ OF P~LICATION any ~irearm, ' cartridge an exptdslve, .o~L air ~ifle lithin ~Ihe co.orate limits' o~ the Village 'of ~N~w Hope without f~rst obtain- ing a w?~tte~ permit from .the VHlage a..P6~s~S' duly authori.zed, to ~ct..~s law ~ ~force~ht pfficers, or members ~[' mili- CO~TY O~ tary, fm-ces, of the. United Stateso dr the State al' ~I~nnesota in .the .aischazge of ~. Persons engaged ~n target shooting, with'; inau{m~e ~obj~ as t~gets, w~thi~ · a ~ildi~ 6r ~structure sa~ly enclosed -. duly sworn on ~th ~ays that he is ~d dur~g all th~ tim~ .where-~ s~un~ 'of the sh~fi~g ~r, dis- ~~''~~ -,~harge wi'H- not be a nuisance to pevsons . occupying adjacent proI~rty; stated has be~... . .... of ~e Post Publ~hlng ~., the publisher c, PePsons engaged in m~get or trap the newspaper kno~ ~ THE NORT~ ~ENN~IN~ POST, and has full knowledge of the facts herein ~gho~ing. m~ target or trap shooting ~ ranges the dsc ~f ~irearms for that purpose.wotilr ~ .~ ......................... hereto wi p ~ok be unlawful u~der 'the ,la,we of th* ~;i~ted and published in t~e' Village of Crystal in the Goun~ of Hennepin, State of M~nesot~ Thursday of each week; that during ali said time the following conditions have ~ed: State of'Minnesota; e, 'Fo~ ;tlie destruction of 'diseased /ur~g'oe..~ngerous 'birds, animals or rep, ~les~'by..p~sons specifically ,authorized to .do: ~6~y the Chief of ~olle% *the ,~resi- Said newspaper has been printed in. the English language from its known office of publication within '~en6.~df the'.~itlag¢ Council er Xrillage the village from which it pu~orts to be ~ssued as above stated in column and sheet form equivalent in space ~l~ ' · ~' to at least 450 mn~g inches of single column, two .inches wide;, it has peen i~sued once each we~ from a · ':~C. TIOX~2} 'The -Vil?ffge4C6ttndt. iffa~ known office established an s~cD place for pubhcatmn and eqmpped w~th skdled workmen and ~ecessary ~ liee~ ;~he u*e of firearms ~nd air-gifl'~ materiM for preparing and pmntmg the same; the press work ~ereen has been done in its known office of ~O~'t~ggt-shooting_,and ti-ap shooting at publication; in its mkeup not l?s th~t~ty-five per cent o[ i~ ~s c91u~n has ~een devoted to local . ~ny sniffle pla~e within[the 'VHl~ge,a~pon news of interest to the commumty whmn ~t purports to seqe; ~t nas contained genera~ news, comment and ap~i~tion.: of 'the owner or~ odcupant o~ miscellany; it h~ not wholly duplicate~ ~y other .publieatmn and has not been ~rdy made up of pat- '~ihe [~X{emises to be lice~ .and~ pa~m~q~ ent*, plate matter, and advertlsementsl at has been cxrculated in and near its ~id place of publication to the b~ ~:lieehse fee .bf $2.~0. per year~ 11 ~ent of at least two hundre¢ apd forty (240).copies regularly delivered to pa~ing subssyibers; it has suc~,l~6nses shall expire o'ff'.December 31- ~try as ~cond class ma~er ~n ~ts local postoff~e; ~nfl there h~ been on file m the offme of the Co~ty of th~ar in which kxan~d. No such li- Auditor of H~nep~ County, Minnesot~ the aff~davt~ of a person havip~, knowledge of the facto, sho~g ~&ense~ :-~!1 he granted until ~e. Village the name and location of s~d newspaper and the existence of the condmons cons~tuting its q~lifications :Cotmcii~hall be satisfied .fha~ target shoot.- ~ a legal newspaper. 'rog o~. ~r~ap shooting at the~..ptare to be licen,s~?will' not be a haiara' t0:gersons,. ,:animals ~r' praperty on or ~j~ent- t~ That the leg~ or offici~ matter hereto attached ms cut from the columns of said newspaper, and was Zthe li~et¢~d premises, and n~.such lieehse shall .~*~ ~anted w~th respect to. a~ .place :not a k~}]~.distance from. a~ public' Street, ~.~.succe~ive sot/nd 6f the printed and published therein in the English language once each w~k, for..). ~hce the "sh~tla~-~ill be &'nuisance to the.~rdsi- / ,-dents ¢~ ~e vicinity. Ii grating such a ~at it was first so published on Thursday, the .............................................. day of ,:license-:t~I e. ~illage Council '~4Y prescribe ihe ~0¢t; during which shoa~bg-will be ~ 19~., ~d ther~fter on Thursday of ~ch week to .pem~i~] ~¢fi' the caliber 'of_{[fle~ ar 'ethe~ ................................ :firearh~s. ~hlch may be. used. any SUCh 'license.:a~ be termina~d by the,Village 'Cauudil ':t any tima a.fter ee~o.nable ~dudlns rue .................................... day of ............................ rice to the licensee and .h~fing, if.-the that the following is a p~nted copy o~ the lower case a)phabet from ~ to Z, both inclusive, ~d ia hereby Village ~ncil shall find' ~at ~any p.t~yi- acknowledged ~ being ~he M~e and kind of type used m the compomtion ~d publication of said leg~ or :~toa-of ttie license' has~.been violat~d')or official matter, t~wit: '*that use o~' the target or ..trap range: has become hazardous ta any~per- abedefghijklmnopqrs~vwxyz~6.p~ Oldstyle s~us,:p;oDerty, animals or & nuisance., abed~/g~kl~opqrs~x~0-p~. Devinne : $~ON 3. The Village ~ou~[~l, the "~-esident of the ~' Yilt~e Eouacl}.' may -grant ~ .permit b ~ny ~r~n' 'on ,.¢pplica- abcdefg~nopqrstum~g~-pt. ~ce~ior tion for.~t~ use of ap~ropr~te:,~;~i~'s, or ab~d.I$~jk~nop~s~vwx~ M~mphis Bold air rifle*,, for d.estraati0n ~:dangekofiS oe .injured anita'' ~t/t mo "~ermit shaft he vMi~ for .~nger than?24 i,hot~rs after ~ven. ' fi~'~/' ..... [. SECTION 4. UtJ~ payment of a license : fee of $.2S per ' year, or aay, por~ioa ~thereof, ,the ~illage Clerk ma~ is~ ..... per~ ~.~.~., {,mit for the 'shooting, discharging or' ~x .................................. : lAoding of any firearm, cartridge or shell { containing an explos4¢e or~ air rifle, by ~ ~ny~person within the corpbrate'Ji~ts o~ Sub~dbed ~d~QSwo~t~ baroca '~ ~he Village of New Hopel bu~ all su~h p'ermits' shall em)h'e on December 31/ of me ~ ...... ~...~;. .... ~y o ........................ 3-~'.. ., the years h~ which grai~ted and shall spe- th f 19 ..... p~,y ~he type or typ ..... d c~ib~r o' -'ire- ~~~'~ ~arms authorized t~e hours during whic~ shootkng ~vill be permitted an~ the port,on [of the ~iI~lage in ~hich.shootlng is author- . ................. : ............. · i~ed. Auy suc. h license may be termiuated by the Village Council. at an.y time after reasonable, notice t6 the licensee ~d wkh- R~ J. .out hearing, if the Village Council shall find that any provision of the Ordinance ~~,~nne~nC~n~ has been violated or that use of the per- M~Cmmla$ion~xpirdsMarch27, mit has become hazardous to any ~rson, SECTION 5. Xothing i~ this ordinance ~hapter 409 Ordinance No. 54-3 AN ORDINANCE ?ROHtBITING THE BURNING OF RUBBISH UPON PUBLIC GROUNDS, REGULATING THE BURNING OF RUBBISH IN THE VILLAGE, A~ PROVIDING A PENALTY FOR THE VIOLATION THEREOF. The Village Council of the Village of New Hope does ordain: Section 1. Burning trash on public grounds. It shall be unlawful for any person, firm or corporation to burn any trash, rubbiah, leaves, grass, paper or other combustible materials in any street, alley, park or other public grounds or thoroughfare in t~he village. Section 2. Regulation of burning. It shall be unlawful to burn any materials enumerated in Section i hereof within an~ part of ~the village in which such burning is not absolutely prohibited by the provisions of Section i hereof, except in compliance with the following reEulations: a. Such burning shall take place only between the hours of sunrise and sunset, during the day. b. There shall be no such burning at any time when there is a wind blowing in excess of 12 m.p.h. c. ~ person over 15 years of age shall remain in attendance and super- vise such burning at all times. d. There shall be no such burning less than 20 feet from any building or property constructed in whole or in part of combustible materials. e. All paper and light combustible materials must be burned in a sub- stantial container constructed of non-combustible materials and if of wire, shall be not greater than~ x 4" mesh. Section 3. Eenalty. Any person who shall violate any of the provisions of this Ordinance shall be deemed to be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not to exceed One Hundred Dollars ($100.00) or imprisoned for not to exceed ninety days (90). Section 4. This Ordinance shall be in full force and effect from and after its passage and publication. Passed by the Village Council of the Village of New Hope this ~day of May, 1954. Clerk (Seal) ~~ in North Hennepin Post this ~ day of~, 1954. THE NORTH HENNEPIN POST AFFIDAVIT OF PUBLICATION ~hap!er. 409 Ordinance' H°. 54-3 An Ordinance -"ITATI~. OF MINI~ISOTA of COUNTY OF HENNEPIN? Violation Thereof. ' Tii~. Village Council Of ihe Vfllage'~, , ' S~ION 1. BURNIi~IG TRAS,a~L~'.'Q~ ,,, h says that he is and durins all the times herein pUli[lC GROUNDS. It shall be un t~fnl ,: -. be g for ~any person, firm or ,corpof~itidn tv ~ bhr~ any trash, rubbish,, l~aves, griiss, t pal/~¢ of' other c0mbiisttble mat*~ial* in ~; stated has been... ~../.,/./gx~.[/~/~ff! ...... of The Post Publ~ C~, the publisher any,.~ireet, alky, park or oth~ ~ublic ~ the newspaper kno~ as THE NORTH HE~E~N' POST, and has full ~owledge of tko facts herein tho~oughfare F'~' ri to the ubhcatlon thereto of the~ ] ']~ BU{{Ni~'G. It Sbalt ~ unia~'ful to hrn s~~ t~n one year p 'or p ' ' ' · ..........// any ma{erigls ,t~mera~ ia Section 1 ~~ ~ -- h~,~M witfii~ auy part 0f the v~ge In .~.~.7.~ ........................ hereto a,ach~, ,~d newspap, w~ w~ich. Stlch hum~ is ~0t abs8lutely · pro- ~.5: ~7/.~ ~i ......... hiBii~d' 'by the pfo~istofis of Secti~ 1 vrinted and p~bllshed in the Village of Crystal in the County of Hennepin, State of ~inneso~, 'hef~a~ gct~t i.n comp~ance wifk .the.-f0l- Thursday of each week; that dur~g all ~aid time the following conditions have ~isted: t~-~ bu~dng shall take place on y Said ~ew~ape~ ha~ been primed i~ the English lan~age, from its known office ' no such Bur~i~g the village from which it purports to be ~ssued as above stated m column and sheet form eqmvalent to a~ least 450 ~n~ng inches of single column, two inches wide; it has been issued once each is a wi~~ ~nown office established in such place for publication and equipped with skffied workm~ and neeessar~ 12m.p.h. mater~ for preparing and printing the sine; t~ press work t~e~eon h~ b~en dqne over 15 ~e~s ~ a~ ~1[ ' publication; in its makeup not lyes t)~tT-n*e per cent o~ t~ news egm~n nas ~een ~e*otea to meal ~pervigg news of interest to the commumty wmcn it purpor~ to se~e; ~t nas contamea general news, comment and mi~cellany; it h~ not wholly duplicate~ ~y other ~ublicatio~ and has ~ot been ~firely made up of pat- ents, plate matter, and advertisements; it has been e}rculate~ m and.near ~ts ~id.place of publication ~tent of at least ~o hundre¢ a~d forty (240).cop~es regmarly ddlvered to pa~mg subs~.ribersi it has it~ - entry as ~cond class matter m ~s local postoffme; and there has been on ~e an the .offace of the Goun~ p~rt ' ' A~ditor of Hennep~ Count~, Minnesota, the affidavi~ of a person having knowledge of the fact~ sho~ng the name and location of smd newspaper and the ~mteuce of the conditions cons~tuting its q~lifications e~, ~ a legal newspaper. That the legal or official matter hereto attached ~s cut from the columns of said newspaper, and printed and published therein in the English l~guage once each week, for ..... ~;~ccessive fine: of .. not ~at it was fi~s~ ~[ished on Thursda,. the ..................... /.~. ............... dayo, lars (S16~.00) or impri~ned f~r not to ,' exceed ninety days (90). ~ in ~fill force and effect from ~a a ter } its ~sage a~d publication. ' ' P~sed by the Village Council of the ~ ~eluding t~e .................................... day of ............................ Village of New Hope t~s I3th day Of ~ that the followi~gi~ a p~nted copy of the lower case alphabet from A to Z, both inelnaive, ~ is hereby acknowledged a~belng the M~e and kind of type used in the composition ~d publleafi~ of ~Md le~ or MILTON ~. HOXSEY, ' official matter, to-wit: ~[ayor, ~SE:~) ~ abcdefghlj klmnopqrstuvwxyz~6-pt. Oldstyle ATTE~ST: ~bcd~fg~klm~ogqe~vwxyz--~-pt. Devinne D'0~N ALD TRUCKER ,>C~e. ~ abcdefghi~opqm~~7 ~ -pt. ~ce~ior ~, (P~bl~hed in North Hennepin y~ff ~, ~954). abcdefg~jk~nop~u~x~TV~ Memph~ Bold Sub~flbed ~fl Swo~a ~ before RALPH J. BENNETHUM ~No~ P~biic, He~epin Coun~ ~n. ~ C~S~O~ ~pJr~ March 27, 19~ Chapt~ 13 Ordinance'No. AN ORDINANCE FOR THE PURPOSE OF PROMOTING HEALTH~ SAFETY~ ORDER~ GONVENIENCE AND GENERAL WELFARE BY REGULATING THE USE AND SUBDIVISION OF LANDs THE LOCATION AND THE USE OF BUILDINGS AND STRUCTURES~ AND PROVIDING A PENALTY FOR THE VIOLATION THEREOF The Village Council of the ViLlage of New Hope er~ains~ SECTION 1,,- Short Title. The short title by which thi~ Ordi~uance may be referred to shall be~ The Zoning Ordinance of the Village of New Hope. SECTION 2 - Definition° For the purpose of this Ordinance certain terms amd words are defined as follows~ 1o WOrds used in the presen~t tense shall include the future~ words in the singular include the plural and the plural the sin~mlar; the word "building" shall include the word "structure" and the word "lot" shaLl include the word "plot~ and ~he word "shall" is mandatory and not directory. 2. ACcessory Build~ ~ A subordinate huilding~ or a portion of the main building the use of which is in~?idental to that of the main h,~i!ding~ or to the use of the premises. 3. Boarding House ~ Any dwelling 9thor than a Hotel~ where meals or lodging and meals for eight (8) or more persons are served for compen~ationo 4. Building ~ Any structure for the shelters support or enclosure of persons~ animals~ chattels or property of any kind~ and when separated by party walls without openings, each portion of such building so separated shall be deemed a separate building; 5~ Dwelling ~ Any house or building or portion thereof which is occupied in whole or in part as a home~ residence or sleeping place for one or more human beings either permanently or transiently. 6~ Dwelling~ Private -A private dwelling is detached dwelling occupied by but one family alone° ?~ Dwelling~ Two Family ~ A two-family dwelling is a detached or semi~ detache~ dwelling occupied by hut two familes alone. 8o Dwelling~ Multiple ~ A multiple dwelling is a dwelling occupied other~ wise than as a private dwelling or a two-family dwelling° 9o Family ~ One or more persons occupying a premises and living as a single~ nonprofit housekeeping unit~ as distinguished from a group occupying a hotel~ a club~ fraternity or sorority house° A family shall be deemed to include necessary servants° 10o Garage~ private m A private garage is a build~ intended for storage Only of not to exceed three (3) automobiles or similar motor vehicles° 11o Garage~ public -Amy bu_ilding used for the storag% maLutenance~ equipping~ repairing or sale of automobiles or other motor vehicles~ other than those herein defined as a "private garage° ~ 12. Hotel ~ Any buildimg or portion thereof occupied as the more or less temporary abiding place of individuals and containimg six or more guest rooms used~ designated or intended to be used~ let or hired out to be occupied~ or which are occupied by six or more individuals for compensation~ whether the compensation be paid directly or indirectly° 13o Lodging House ~ A lodging house is any dwelling other than hotel where lodging for eight (8) or more persons is privided for compensation° 14o I~t ~ Land occupied or to be occupied by a building amd its accessory buildi~gs~ together with such open spaces as are required under the provisions of this 0rdinamce~ having not less than the mi~imum area required by this Ordinance for a building site in the district which such lot is situated~ and having its principal frontage on street~ or a proposed street approved by the Village Council~ 15o Non=Conforming Use - A use that does not conform to the regulations for the district in which it is situated° t6~ Recreatio~ Field or Building - A Recreation Field or Building is area of la~d or water~ or any building in which amusement, recreatio~ or athletic sports are provided for public or semi-public use~ whether temporary or permanent~ except a theatr% whether provisio~ are made for the acco~odation of any assembly or not~ A Golf Cours% Arena~ Baseball Park~ Stadium~ Circus~ or Gymnasium is a recreatio~ Field or Building for the purpose of this 0rdina~ceo 17~ Structure ~ Anything constructed or erected~ the use of which requires location on the grouud or attachment to something having locatio~ on the grou~do 18° Use ~ The purpose for which land or premises or a building thereon is designed~ arranged or intended~ or for which it is or may be occupied or maintained° 19o Use~ Accessory ~ A use incidental and accessory to the principal use of a lot or a building located on the ss-me lot as the accessory use° 20° Yard~ front = A yard extending across the front of the lot betwe$n th~ inner side yard line~ and lying between the front line of the lot and the nearest line of the building° 21° Yard rear ~ A y~rd extending across the full width of the lot and lying between the rear line of the lot and the nearest line of the dwelling° 22° Yard side = A iyard between the side line of the lot and the nearest line of the building and extending from the front line of the lot to the rear yard° ~2= SF~TION 3 ~ Districts Established° For the purpose of this Ordinance the Village of New Hope is hereby divided into the following Districts° The uses of strmctures and lands and the area of premises for ~.,ildings are uniform im each districto· lo Residential districto. 2~ Commercial District° 3° Light Industrial District° 4° Industrial District° The districts and their boundaries are hereby established~ No building or premises shall be erected or used for any purpose that does not comply with the use and area regulations of the district in which such building or premises is locatedo SECTION 4 ~ Extent of Residential District° For the purpose of this Ordinance and for no other purpose~ all of the incorporated territory of the Village of New Hope shall be and the same is hereby established as and placed in the Residential Distric% excepting therefrom such portions of such territory hereinafter specifically placed in and established as some other district° SECTION ~ ~ Extent of Commercial District° The following areas i~ the Village of New Hope shall comprise the Oommercial District° I~ determ~ said areas~ measurement shall be made from the centerlines of struts a~d avenues a~d at intersections from the intersection of said centerlineSo l~ T~o Huudred Thirty~three (233) feet on each side of the center line of Bass Lake Road~ except that portion on the South side thereof lying West~of Pennsylvania Avenue extended and East of a line drawn parallel tO aud 223 feet East of the cemter lime of Wi~uetka Avenue and that Dortion of the Northwest Quarter of the Southeast Quarter of Sectio~ 6 lying North of the Bass Lake Road° 2° All that part of the Village lying East of West B~oadwayo 3o An area extending South from the center line of 62nd Avenue North for a distance of 200 feet amd running westerly of West R~oadway to a li~e drawn parallel to and 660 feet East of the center line of County Road Noo 18o 4. A~ area extending South from the center line of 62nd Avenue North~ a distance of 660 fee% and extending East from the center line of County Road No. 18~ a distance of 660 feet. 5o An area extending East from the center line of County Road No. 18~ a distance of 330 feet and extending South of the center line of Bass Lake Road~ a distance of 750 feet. 6. ~ the area along both sides of HiEhway No. 55 for a depth of 330 feet from the center li_ue of said Bighway~ ~excePt in Rockford Park~ where it shall be for a depth of 400 feet. 7- All the area along both sides of 36th Avenue North for a depth of 233 feet from the center line of said avenue~ except that part thereof lying South of 36th Avenue~ West of a line drawn 233 feet West of and parallel to the center line of Winnetka Avenue and East of a line drawn 2620 feet West of and parallel to the center line of Winnetka Avenue. 8~ ~ the area along the North side of 26th Avenue North for a depth of 233 feet from the center line of said avenue and including there~ with all of Block 7~ ~Howland Heights~o 9. All the area along the East side of County Road No. 18 lying South of the Industrial area South of the Minneapolis~ St. Paul and Sault Steo Marie railroad and extending East for a distance of 250 feet° ~SECTION 6 = Extent of Light Industrial District. The following area~ the Village of New Hope shall comprise the LiEht Industrial District~ l~ All of the area lying North of the Ninneapolis~ Stl. Paul and Sault Steo Marie Railroad right-of~way~ South of 5~th Avenue North~ West of Winnetka Avenue and East of Boone Avenue extended° SECTION 7 - Extend of Industrial District° The following areas in the Village of New Hope shall comprise the Industrial District~ 1.. All of the North one-half of Section 7~ Township llS~ Range except that portion thereof zoned as ~Light Industrial~ and except the North 165 feet thereof and the South 165 feet thereof° 2° All of the North one-half of Section 8~ Township ll8~ Range 21~ lying South of' t~he Minneapolis~ St~ Paul and Sault Steo Marie Railroad right~of~way~except the South 165 feet of the West 820 feet thereof° 3~ Au area North of Highway No. 55~ South of Mi~uneapolis~ Northfield and~ Southern Railroad right~of-way~ East of Minneapolis~ Northfield aud Souther~ Railroad right~of~way amd extending East to the Village limits° 4~ That area lying within 500 feet of each side of the center line of the Minneapolis~ Northfield and Somthern Railroad right~of~way~ extending South from LOth Avenue North on the East side thereof aud from 42~ud Avenue North on the West side thereof to the South village limits. 5~ That part of Section 8 amd of the Northwest Quarter of the Northwest Quarter of Section 17~ Township 118~ Range 21~ lying East Of the West 820 feet thereof and West of the Minneapolis~ Nort~field and Southern railroad right~of~way and South of the Ni~ueapolis~ St. Paul and Sault Steo Narie Railroad right-of-way° 6~ All of Block 8~ ~Howland Heights" North of South 233 feet thereof~ all of Block 5~ ~Howland Heights~ ~ ex~ept the North 165 feet thereof~ and the East ome~half of Block 6 of ~Howlaud Heights~~ except the North 165 feet. 7~ That part of the village lying North of the Minneapolis~ St. Paul Sault Ste~ Marie Railroad~ East of Winnetka Avemue~ South of an extension of 53rd Avenue North and West of Sumpter Avenue° SECTION 8 m Use Regulations for Residential District° Lu the residential district unless otherwise provided in this Ordinance~ no buildimg or premises shall be used and no building shall hereafter be erected or st~uctually altered~ except for one or more of the following uses: 1o Private dwellings° 2~ Two-family dweliLugs~ 3° Cour~ty estates ~d dwe~s~ 4. Churchez and schools accessory thereto including marne plates and bulletin boards° 5~ P~hlic schools° 6~ Lihraries~ museums~ parks~ playgrounds~ recreational and community fields and bui~ings owned and controlled by the municipality or operated om a mom-profit basis. 7- Boarding amd lodgLug houses° 8. Hospitals ~ud cl~uics other than saua~ariums° 9. I~stituatio~s of an educatiomal~ philanthropic or eleemosynary nature° lOo Country cluhs~ boat clubs~ outdoor skatiug clubs~ golf courses~ polo fields with their accessory buildings and where not operated for a profit° llo Farming and truck garde~ingo 12o Nurseries amd greenhouses having a floor area of mot to exceed 200 square feet used for the propagatiom~ cultivatiom and growing of plaut~ only as a hobby or as a part of a farming enterprise. 13o Private clubs and lodges~ excepting those the chief of J activity of which is a service customarily carried on as a business. 14. Public garages for storage purposes only~ when not an accessory building and where no repair facilities or sales ro~ms are maintained. 15. Transportation right-of-ways. 16. Name plates or signs appertaining to the use~ lease hire or sale of the building or premises not more than four square feet in area. No advertising sign or display of any other character shall be permitted in the Residential District° 17. Accessory buildings customarily incident to any ef the above uses~ including garages for storage only when located on the same let and not less than 30 feet from the front 1Lue, and not involving the conduct of a business. 18. Uses customarily incident %o any of the a~ove uses where located on the same let and not involving the conduct of a busineSs~ except that within the same building to which the use may be accessory t~here shall be allowed concessi~us and service~ access to such uses to be emly from within said buildimg~ Authorized uses shall Luclmde home occupations engaged in by the occupants of a dwelling amd not involving the conduct of a business on the premises and includi~ also the office cf one engaged in a professional occupation and located in his or her dwelling. ~ SECTIGN 8 A - Use Regulations for Commercial District. In the Commercial District unless otherwise provided in this Ordinance, ne building or premises shall be used and no building shall be hereafter erected or structurally altered except for one or more of the following uses~ 1. All uses permitted in the Residential District. 2. ~ultiple dwellings, i 3. Amusement places. 4. Bakeries. ~. Barber shops am~or beauty parlors. 6. ~atering establishments. 7. Electric Repair ~hopso 8. Financial institutiaus. ~, Furniture storeee 10, Gaecline filling e~a~icae~ upcm receipt of a special uae permite 11o Hetela, 12. Lodge halls exclude~ from Residential Districto 13. Milk distributing stations. ]34. Laundry or dry cleaning sub-stations. 15o Municipal and governmental buildings. 16. Painting and decorat~ shops. 17. Photographic stores and galleries. 18. PlumbL~g sho~s. 19o Professional and business offices. 20° Printing ~hops. 21o Public garages~ but a special use permit shall be required if gasoline or explosive products are to be kept in stock. 22. Recreation fields, buildings and structures. 23° Restaurants and beverage sales places. 24. Sales or show rooms° 25° Shoe repair shops~ 26. Stores and shops for the conduct of retail business with or without flats above° 27. Drycleani~g and tailoring shops employir~ not more than five (5) persons~ 28° Other business uses which, in the opinion of the Village Council are of the same general character as the uses enumerated in this subsection and will not be obnoxious or detrimental to the district in which it is located. SECTION 9. Use Relations for Light Industrial District° In the Light Industrial District unless otherwise provided ih this Ordinance~ no build~ or premises shall be used and no buildings shall hereafter be erected or structurally altered for use other than for one of more of the following uses~ lo All uses permitted im the ~Com~ercial District° / 2. Small ~anufacturing plants using not to exceed 5000 square feet of floor space. 3° Gravel pits. '7-- 4o Petroleum starage tanks, upon receipt of a special use permit only, 5o Other business uses which in the opinion of the Village Oouncil are of the same general character as the uses enumerated in the subsection and will not be obnoxious or detrimental to the district in which it is located. SEC.T.ION 10'o Use R.e~ulations for Industrial Distrieto In the Industrial District all build~s and premises except as otherwise provided in this ordimance may be used for an~ use permitted in the Light Industrial District, or for any other use except the followingi 1o Fireworks~ and explosive manufacture or storage. 2, Garbage~ offal or dead animal reduction or dumping. 3. Petroleum refining. 4' Smeltir~ of tin, copper~ zi_uc or iron ore. 5' Stock yard° 6. Cemetery. 7. Airpls.ue landing field. 8, Other industries or processing which, in the op~_~n of the Village Council~ is of a particularly obnoxious or dangerous nature detrimental to the District in which it is located. SECTION II - ~ecial use permits. The Village Council may by special permit approved by affirmative vote of three-fif+~hs of all the members of the Coumcil~ after public hearing~ authorize ~be loCatiOn or extension of an~ of the following uses in any district from which they are prohibited by this ordinamce~ or for any use specifically requiring such a permit~ provided that due notice of the time and purpose of such public hearing shall be posted in three (3) conspicuous places in the village, at least 10 days prior to the time of such hearing. 1. Cemeteryo 2, Aixplane landing field. 3, Public utility. 4. Recreation field or building. I~ determining whether to grant a special use permit, the Council shall take into consideration the proximity of the property for which the permit is requested to places of public assemblage, the nature of the development of the abutting properties~ any damage that may result therefrom~ and all other matters that they deem material to the specific situation as it exists at the time of their considerations° SECTION 12 - Non=conforming uses° 1. The lawful ~se of land existing at the time of the adoption of this ordinance although such use does not conform to the provisions here= of, may continue~ but if such non=conformin~ use is discontinued any future use of said building and/or land shall be in conformity with the provisions of this ordinance; provided~ however~ that no such non=conforming use of land shall be enlarged or increased nor shall any such non-conforming use be extended %0 occupy a greater area of land than that occupied by such use at the time of the adoption of this ordinance; nor shall any such non=conforming use be moved to any other part of the parcel of land upon which the same was conducted at the time of the adoption of this or--Co A non=conforming use of a building existing at the time of the adoption of this ordinance~ may be extended throughout the building~ provided no struct~ral alterations~ except those required by ordinance or law are made therein. 2. If at any time any building in existence or maintained at. the time of the adoption of this ordinance which does not conform to the regulations for the district in which it is located shall be destroyed by fire~ earthquake~ winds water~ explosion or other cause to the extent of more than 50 per cent of its value, then without further action by the Council~ the said building and the land on which such buildi~ wa~ located or maintained shall~ from and after the date of said destruction~ be subject to all the regulations specified by this ordinance for the District in which such land and buildings are located~ unless its reconstruction and continued non-conforming use is approved by the Village Council after a public hearing of which ten (10) days' posted or published notice is given° Any building which is damaged to an extent of less than 50 per cent of its value may be restored to its former extent Estimate of the extent of damage or destruction Shall be made by the Village Council or its appointed agent. 3~ Regardless of any other provisions of this ordinance~ no out-door advertising structure existing as a non=conforming use~ at the time of the adoption of this ordinance~ shall continue as herein provided for conforming uses~ for more than six mont~hs after ~the adoption of this ordinance. SECTION 13 ~ Occupancy. of Basement~ Cellar~. Trailer~ or Tent. No basement~ cellar~ trailer or tent shall at any time be used as a residence~ temporarily or permanently~ except that this regulstion shall not apply to duly licensed ~ trailer camps in the Village of New Hope. ~SECTION ~, ~ Area and accessibility reEulations for r, esidential structures. lo No dwelling shall be constructed upon a lot or plat having an average width of less than 75 feet and an area of less than 9~000 square feet for a one-f 'erectly dwelling and 12~000 square feet for a multiple-family dwelling° In determining the average width of the tract any depth in excess of 150 ~ feet shall be disregarded. 2. No dwelling shall be constructed upon any lot or tract of land unless the same abuts upon a public street° 3o Not more than one (1) dwelling shall be constructed upon a lot or tract of land unless the same is of sufficient area and so situated as to be divided into two (2) or more tracts or plots of ground~ each of which meets minimum requirements as to area~ each dwelling would be upon a separate tract if so divided and the division thereof is approved by the Village Council. ~o No residential structure shall be constructed less than 60 feet from the center line of the street~ nor less than 30 feet from the front lot line~ nor less than l0 feet from any side lot and 20 feet from ar~f side street~ except that each foot of setback from the front lot line in excess of 30 feet shall permit one=half foot less setback from any side street to a minimccm setback of 12 feet from the side street° 5.. No dwelling or other building for human occupancy shall be built upon the rear one-third of the loto In the case of corner lots~ the narrow side of the lot facing upon a public street shall be considered the front and in the event that both sides are equal ia d~mensions~ the side abutting upon the street upon which other dwellings in the same block are facing shall be considered as the front of the lot. 6° All garages in the residential area shall~ if the vehicle entrance faces upon a public alley or sidestreet~ set baCk at least 50 feet from the center of the side street and not less than 20 feet from the public alley right~of-wayo SECTION 15 ~ Area retulations for commercial and industrial districtS, o 1. ~ buildings in the Commercial District and in the Industrial District~ not otherwise regulated~ shall be built not closer than 55 feet from the center line of the street upon which it is located and shall be so placed and arranged on their grounds so as to permit all loading and unloading on their own premises and dot from th, e street° SECTION 16o Accessory buildinE reEulationst lo A detached accessory building not over one story and not exceeding 15 feet in height may occupy not to exceed 25 percent of the area of any rear yard° 2. Detached accessory buildings in the Residential District shall conform to the following additional regulations as to their location upon the lots (1) In the case of an interior lot abutting upon one street~ no detached accessory building shall be erected or altered so as to encroach upon the~ont half of the lot; (2) In the case of any interior lot abutting upon 2 or more streets, no detached accessory building shall be erected or altered so as to approach upon the one-fourth of the lot nearest either street~ (3) In the case of a ~orner lot abutting upon 2 streets~ no accessory building shall be erected or altered so as to encroach upon the front half of the lot nor so that the same will be nearer to the lot line along the street side of each lot than a distance equal to the width of side yards on the street side of such lots (2) In the case of a corner lot abutting on more than 2 streets~ no detached accessory building shall be erected or altered so ~s to be nearer to the lot line along the street side of such lot than a distance equal to the width of the side yard on the street side of such lot or nearer to an~ other street side of the lot than a di6t~-~ce equal to one-fourth the depth of the lots (~) No detached accessory building shall be constructed within ~ feet of the rear lot line nor within h feet of ar~{ side lot line; (6) In no case shall accessory b~ldings be required to be more than 75 feet from the front lot lineo SECTION l? ~ General provisions° lo No dwelling or structure of a permanent nature~ shall be constructed in a place where the same will obstruct or interfere with the con~ struction of any street or of any proposed street and sufficiently set back therefrom as to meet the mini~r=m setback requirements of t~his ordinance. The extension of existing streets shall be considered as proposed streets, as well as any laid out Ln a plan for future streets approved by the Village Council and no structure of a permanent nature shall be built therein ~less approved by the Village Council. 2. In no case shall the door of an~ building or i~rovement~ e~t a fence~ be erected~ constructed or maintained so as to extend beyond the lot 3e Nothing in this ordinance shall be deemed to prohibit the construction or maintenance of any stand or shelter for the sale of agricultural products produced on the premises or on other premises owned, leased or operated by the person maintaJ_uing such stand or shelter° 2o No filling station~ public garage, or gasoline distributing station shall be located within 300 feet of a school~ church~ hospital~ or other public meeting place having a seating capacity of more than 50 persons~ SECTION 18 ~ Adjustments. The Village Council shall~ in each case, as hereinafter provided~ have power to grant adjustments and exceptions in and to any of the provisions of this ordinance to the extent of the following and no further2 1. To vary or modify the strict application of an~ of the regulations or provisioms contained i~u this ordimance in cases in which there are practical difficulties or unnecessary hardships in the way of such strict application~ ~ 2. To permit the extension of a District where the boundary line thereof divides a let in one ownership at the time of the passage of this ordilla~ce o SECTION 19 ~ Certificate of occu~ancyo No vacant land in any District established by this ordinance shall hereafter be occupied or used~ except for agricultural uses~ livestock farming or dairy farming~ and no building hereafter erected or structurally altered in any such District shall be occupied or used until a Certificate of Occupancy ~hall have been issued by the Village Building Imspector. Application for a Certificate of Occupancy for a new building or for an existing building which has been altered shall be made at the same time as the application for a permit for such buildimg as required u~der the Building Ordinance of this village, Such certificate shall be issued ~-lthin three days after a written request for the same has been made to the said Village Building Inspector after the erection or alteration of such building or part thereof has been completed in conformity with the provisions of this ordin~suce. Pending the issuance of such a certificat% a temporary Certificate of Occupancy may be issued by the Village Building Inspector for a period of not exceeding six (6) months dur~ the completion of the erection or alteration of such building. Such Temporary Certificate shall not be construed as in any way alter~.ug the respective rights~ duties or obligations of the owners or of the village relating to the use or occupancy of the premises or any other matter~ except under such restrictions and provisions will adequately insure the safety of the occupants. Written application for a Certificate cf Occupancy for the use of vacant laud or for a cha~ge in the character ~ the use of land~ as herein provided, shall be made before any such lamd shall be so occupied or used~ except for agricultural purposes~ livestock farming or dairy. ~ch a Certificate of Occupancy shall be issued w%thin three (3) days after the application there~ for has been mad% provided such use is in conformity with the provisions of this ordinance. Every Certificate of Occupancy shall state that the building or proposed use of a building or land complies with all provisioms of law and of this ord~_uance. A record of all Certificates of Occupancy shall be kept on file in the office of the Village Clerk and copies shall be furnished~ on request~ +~ any person having, a proprietary or tenancy interest in the building ar land affected° No fee shall be charged for a Certificate of Occupancy. SECTION 19A - Enforcement. lo It shall be the duty of the Village Building Inspector to see that this Ordinance is, enforced through the proper legal channels~ but prosecutions thereunder may be initiated ~y any resident of the Village. 2. Appeal from the ruling of the Building Inspector concerning the enforcement of the provisions of this Ordinance may be made to the Village Council within such time as shall be prescribed. The appellant shall file with the Building Inspector and Village Council a notice of appeal specifying the grounds thereof~ The Building Inspector shall forthwith transmit to the Village Council all the papers or certified copies thereof constituting the record upon which the action appealed from was taken. 3~ Applications for building permits shall hereafter be accompanied by a plan drawn to scale showing the dimensions of the lot to be be built upon and the size and location of the building and accessory buildLugs to be erected~ and applications for an~ kind of building permit shall contain such other information as may be deemed necessary for the proper enforcement of this ordLuance. The Village Building Inspector shall issue a building permit only after determining that the building plans~ together with the application comply with the t~rms of this ordinance. 4~ Any person who shall violate or fail to comply with ar~y of the provisions of this ordinance shall be guilty of a misdemeanor~ and upon comviction thereof~be fined not to exceed One Hundred Dollar~ ~$100oO0) or imprisoned for not to exceed ninety (90) days° The imposition of one penalty for any violation of this ordina~c~ shall not excuse the violation~ or permit itto continu% and all such persons shall be required to correct or remedy such vielations or defects withim a reasonable time; and when not other~ wise specified each ten days that prohibited conditions are main~ rained shall constitute a separate offense° SECTION 20 - Validit~ Provision. Should ~uy section, clause, or pro- vision of this Ordinance be declared by the Courts to be invalid~ the same shall not affect the validity of the ordinance as a whole or any part thereof~ other than the part so declared to b e invalid° SECTION 21 ~ Inconsistent Ordinances Repealed. Ail ordinances or parts of ordinances inconsistent herewith are hereby repealed to the extent of such inconsistency o This Ordinance shall be in full force and effect from and after its publication. Passed by the Village Council of the Village of New Hope, Minnesota~ this !4th day of October, 1954. E° Co Honsey Nayor Attest~ ~ ~ Clerk Published in the North Hennepin Post October 21~ 1954. TIlE NORTH HENNEPIN POST AFFIDAVIT OF PUBLICATION ~TATI~. OF MINNESOTA ~ COUNTY OF HENNEPIN ~ ~S. eing duly sworn on oath says that he is and during all the times herein stated has been...~~.Z/...~..~-~..., of The Post Publishing Co., the publisher of the newspaper known as THE NORTH HENNEPII~' POST, and has full knowledge of the facts herein state~l~ that Ifor more than one yeal prior to the publication therein of the .... .'~..~.[~. ........ ~[e~' YJd published in the Village ~i Crystal in the County af Hennepin, State of Minnesota, ~ Thursday of ~ch week; that during ali said time the following conditions have ~st~: Said newspaper has been printed in. the English lan~age, from its known office of publication within the village from which it purports ~o be ~ued as aboye state~ m ~olumn and ~hect form equivalent in space to at least 450 running inches of single column, ~wo.mches w~de~ ~t has been issued once each we~ from a known office established m spc~ place for pubhcatmn and eqmpped with skilled workmen and neces~ry materi~ /or ~rcpa~ng and printing ~nS~t?~v~ress w~k ~e~o~ has been done in i~ known office of publication; m its m~eup not l~s a . y- per ce t o i s ews column has been devoted to local news of interest to the community which it purports to ~e~e; it has contained generffi news, comment and miscellany; it ~ not wholly, duplicate~ ~y other .pubhcat~n and has not been ~fir~y made up of pat- ents, plate ma~, and advertisements; It has been c?culated m and.near its ~id place of publication to the ~tent of at least ~o hundre~ a~d forty (240).cop~es regularly delivered to paying subscribers; it has ~d ~try as ~cond class ma~er m ~s local postoff~e; ~nd there h~ be~. on file in the office of the Co~ Auditor of Henn~in County, Minnesota, the aff~dawt of a person hawng knowledge of the facts, show~g the name and location of said newspaper and the ~istence of the conditions consti~g i~ quffiiflcafions ~ a legal newspaper. That the legal or official matter hereto attached was cut from the columns of said newspaper, and was and published therein in the English language once each week, for.../~..~Csucce,ive printed That it was//~rst so pu)lished on Thu sday, the .......................... ~. ................... day of ,~.~..ff,~.-~'~ 19 ~ ~/ and thereafter on Thursday of each week to gad. including tl~e ........ day of 19 acknowledged asbeing !he size and kind of type used in the composition and publicatlon of said legal or official matter, to-wit: abcdefghij klmnopqrstuvwxyz--6-pt. Oldstyle abcdefghijklnmopqrstuvwxyz~6-pt. Devinne abcdefghijklmnopqrstuvwxyz~? !4 -pt. Excelsior abcdefghijklmnopqrsiuvwxlr~--7¥i Memphis Bold Subscribed ~nd Sworn to~ before /~ _ / _ a Notary Public, Hennepin Cour~ty Minn. My Commission Expires March 27, 1960 Chapter 86 Ordinance No. ~ AN ORDINANCE TO PROI~OTE TR~ F~ALTH, SAFETY AND ~DELFARE OF THE PUBLIC AM TO SAFEGUARD PROPERTY BY REGULATING THE MININilP~ REQUIRE~IEMfS FOR GAS APPLIANCES AND Tn INSTALLATION OF GAS PIPING AI~) THE INSTALLATION, ALTERATION, NAINTENANCE ~k~ USE OF GAS EQUIPMENT CONNECTED THERETO. The Village Council of the ~illage of New Hope do ordain as follows: Section 1. Safety Standards. 1. 1. All gas appliances and accessories hereafter installed, sold, or offered for sale shall conform to reasonable standards of safety. 1.2. The presence on a gas appliance or accessory of a safety seal or label of a nationally recognized testing agency or a certificate or letter of approval from such agency or the inclusion of an ap- pliance or accessory in an approved listing by such agency shall be prima facie evidence that such appliance or accessory conforms to reasonable standards of safety. Such nationally recognized testing agency shall be one qualified and equipped to perform and one that does perform periodic inspections of current models of gas appli~ces and accessories. Section 2. Provisions regulating the installation of appliances. 2.1 All gas appliances, accessories and piping systems shall be installed to conform to reasonable standards of safety. 2.2 Installation of appliances, accessories and piping that complies with the standards recommended by the American Standards Association in ~ their ~nual entitled "Installation of Gas Piping and Gas Appliances in Buildings" 1950 edition, shall be considered prima facie as con- forming to reasonable standards of safety, the provisions of which are incorporated herein by reference as though set out in full; the Village Clerk shall keep available in his office three copies of the Code, marked as official copies, for study and inspection by any interested parties. 2.3 it shall be unlawful for any person, firm or corporation, excepting an authorized agent or employee of the gas supplier to turn on or re- connect gas service in or on any premises 'where and when gas service is not at the time being rendered. This shall not prohibit an in- staller from turning on the supply of gas temporarily for the purpose of testing the installation made by him or from turning on gas that he had temporarily turned off for the purpose of connecting an appliance or making repairs. 2.2 It shall beunlawful for any person, firm or corporation to install any gas appliance for the purpose of space heating without first deter- mining from the gas supplier that adequate facilities are present to supply gas to such appliances in quantities that will assure reason- ably safe and uninterrupted operation. Chapt. 86 Ord. Section 3. Enforcement. 3.1 No person, firm or corporation shall se~]l or offer for sale or install any gas appliance or accessories or gas piping system if the same when installed for use would be in violation of any of the provisions of this Code or would be unsafe or dangerous. 3.2 The Building Inspector is hereby authorized to disconnect or to order disconnection of any gas appliance, accessory or gas piping which does not conform to the requirements of this ordinance or which may be found defective or in such condition as to endanger life or property. ~here such disconnection has been made, a notice shall be attached to such appliance, accessory or gas piping which shall state that it has been disconnected and the reasons therefor, and such notice shall not be removed nor shall the appliance, ac- cessory or gas piping be reconnected~ until it shall have been made to conform with the requirements of this Ordinance and its recon- nection has been authorized by the Building Inspector. Section h. Effective Date. This Ordinance shall take effect and be in force from and after its passage and. publication. Adopted this 13th day of May, 195~. ~ ~~ ~ .~'~ ~ · /S/ ~ilton G. Honsey ~~i /~~~z~ - Mayor Attest: /s/Don Tr6cker Olerk -2- An ONdin,ance ~o Pr~mo~F~ ~he by Regulaling lhe Minimum ~,n4 ~he Inz;~aJla~ion, Alteration, ,~ai~ensnce ~,n~ use of Gas Equlpmen~ Cc~nected The Village Co~ncil of ~e Village T~ ~ORTH ~EPI~ POST : cf New Hope do ordain as folly's: SECTION 1. SAFIU['Y STANDARDS. 1. 1. All gas' appliance .... d accessories OF P LICATION hereafter b~sta~!ed, ivld, or offered sale shall cOn.form to reasonable standards of 1. 2. Thee preseuce on a gas appliance or accessory of a safety scm or label of a nationally recog~ized testing agency or a certificate or letter of appraval from 81A~ O~ ~O~A such agency or the inclusiotx of an appli- ance or accessory in an approved listing- ~O~ O~ by such agency shall he prima fac{e evi- dence fllat such avpliam'e or accessory % Zg. Such nationally ~ecognized ~sting agency shall he one qualified and equipped ' to pe~orm and .... that does pert .... :.. iyg %77;;2 J,~ Zth says that he is and duri~ all the tim~ herein peri,it inspections of current models of gas applian:ces and accessories.~ SECTION 2. PROVISIONS REGU- stated has b~n.. Pi~.~. [. ]. ~~ ....... o~ The Post Publlah~ ~., ~he publi~h~ I.ATING THE -INSTALLATION OF the newspaper kno~ a~ T~E ~ORT~ ~ENN~I~ POST, and has full knowledge of the facts herein .,PPLIANCES, pri~hYpubllca ~ ~. 2. 1 Ali gas appliances, accessories piping systems shall be installed to con,form s~ted' that for more than one year tlon therein of the ....... 2.:2~*>stallation of appliances, acces- ~ .................. hereto a~eh~, ~d new~paper w~ series ai~ piping that complies w~th ~he ' ~tandards recommended by the American ~rinted and published in the Village of Crystal ~n the County of ~ennepin, State of ~imneso~, Standards Association i~ the[r Manual Thursday of each week; that during all said time the following conditions have ~isted: }et tled ~'Insf~I!~tion of Gas lyilli~ig and~ Gas .%plianCes in Buildhxgs" 1950 editi6~], Said newspaper hm~ been printed in. the English lan~age, from it~ known office of puplieatlon within ~¢halI be C~sid'e~ed prinia' facie ag con- the village from which ~ purports }o be ~ued as aboye state{ m qolumn and sheet form eqmvalent in ~paee ~} ~rming t6 ~easm~able standard? of s*~fety; to at least 450 runmng m~he* of smgle column, [we.aches w~de[ ~t has been issued once each week from ~he' provisions of wh ch are mcorporate~t kno~ offlee es~b[i~hed m ~c~ pl~? for pu~J~catmn ~d eqmpped with skilled workmen ~d neee~ry 3here'~ ~by reference as though set out ~ , material for preparing and p~mtmg the same; the press work thereon has been done in its known office of }fuI1; the Vi~Iage Clerk sl?ll ~eep a~a¥-` publication; in its makeup not l~s th~n twenty-five per cent of i~ news column has been devoted to local 4a h- ~ h~s of[ice three COl}mS or the Cooe Be~s of interest to the community which it purports to se~e; it h~s contained general new~, commen~ and Smarked as official copies, for stu(lv and miscellamy; it has not whollL duplieate~ ~y other .pnblleati~n and ha~ not been ~r~y mad~ up of pat- ~ii~s }txtion by any interestcd parties. ~nt~, plate ma~, and adve~sements; tt has been e~rculated m and.near its ~id place of publication to t~e ~ent of at least two humdre~ ~d forty (240).eopxe~ regularly dehvered to pa~ing *ubs~fibers; it has ~d % o 3 It shall he nnlawfuI for any per- ~tr7 as ~cond ela~s matter m ~s local p~stoff~qq; ~nd}here h~ b~en. on,file m the offme of the m. f.lrm or corporation, excepting an Auditor of ~enn~m County, ~mnesota, the a~mav~ o~ a person having. ~nowledge of ~e fact% ~t~orized aveut or e ~ployee of the gas the name and leveled of said newspaper ~d the ~mtenee of the conditions constituting it~ qu~ifieation~ ~SUpl)lier to turn o~ or recolqnect gas scl'- ~ a legal newspaper, ~wice in or on ~ny premises where and ~hen gas service is not at the lime b6isg l~endered. This shall not prohibit an in- tstaller frDm turning ou the supply of gas That ~e l,gal or official matter hereto attached ~s cut from the cotumn~ of s~d newspaper, a~  em )orarily for the purpose o{ testing lhe ~for the purpose of counecting an appli- ance or lllakillg repairs. 2. 4 It shall be unlawful for any per- a ~ s .................. son. firm or corp¢ration to install any gas appliance ~or the purpose of space heating ................... , 19 .... ' , and ther~it~ on Thursday of ~eh week to ~nd~- c without first determining f~jom the gas m~pplier that ad,ustc {acilit[es xre pre- sent to supply gas to such appli~ces in including t~ .......... : ........... : ............. ~y.o~ ............................ 1~ ...... , ~d ~quautities that Will assure reasonable safe ghat the followingls a pmntefl copy el the lower c~e alphabet from ~. to Z, both inclusive~ ~d is hereby jand uninterrupted operatiom ~ acknowledged asbelng ihe ~ze and kind of type used in the composmon and publication of sam le~l or SECTION 3. ENFORCEMEXT. , official mater, to-wit: ~ 3. 1 No person, firm or corporation shall ~sell or offer for sate or install, any gas ~appliance or accessories or gas piping sys- abedefghij~mnopqrstuvwxyz~6-pt. Oldstyle :~n .if the same When inslfftled for 'use' abodsfg~j.klmnopqrs~vwxy~6-p~. ~ S~cT~O~ ~5 ~~: ~-' ' abedefghij~opqrstu~--7~-pt. ~ce~ior This Ordinance shah fake effect and }be i~ force from an.d after its passage ab~d,f$~jk~nop~s~vwx~ Memphis Bold a~d publication. ~ ~hdopted this 13th day of May. 1954. ATTEST: .- ~ I)OXALD TRL*CKER, ..... (Pubi[shed in North Itennepin Pos[, ~July 1, 1954). .... Sub~bed ~fl 8w~o beret{ ~LPH d. BENN~HUM No~ Publ~, ~ennepln County, My ~mmla~ion Explres Marc~ 27, RESOLUTION NO. .1... BE IT RESOLVED By the Village Council of the Village of 'New Hope that we adopt a policy that all persons who request the Village Council to take some action that requires published notice, drafting of documents, or other services for which the Village is charged, be required to pay such charges if the action requested is primarily for the benefit of the person or persons requesting the same and does not have general application to the Village.