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New Hope, Minnesota, Code of Ordinances >> - SUPPLEMENT HISTORY TABLE >> Chapter 3 BUILDINGAND SIGN REGULATIONS >>

Chapter 3 BUILDING AND SIGN REGULATIONS

Sec. 3-1. Permit application.Sec. 3-2. Building code.Secs. 3-3—3-21. Reserved.Sec. 3-22. Additional provisions.Sec. 3-23. Well drilling.Sec. 3-24. Building moving.Sec. 3-25. Private swimming pools.Sec. 3-26. Architecture.Secs. 3-27—3-29. Reserved.Sec. 3-30. Property maintenance code.Sec. 3-31. Rental property registration permit.Sec. 3-32. Certificate of property maintenance required.Sec. 3-33. Business use certificate of occupancy.Sec. 3-34. Vacant buildings.Secs. 3-35—3-39. Reserved.Sec. 3-40. Reserved.Sec. 3-50. Sign code.

Sec. 3-1. Permit application.

Permit required. A permit is required of any person, partnership or corporation before any workis initiated in the following categories. Said permits shall be applied for on forms prepared andapproved by the city.

Building, plumbing, HVAC and grading permits. Building, plumbing, heating, ventilatingand air conditioning, and grading permits shall be issued, inspections conducted, andfees collected as prescribed by Minn. Stat. § 16B.62, and Minnesota Rules 1300.0120and 1300.0160 as adopted pursuant to subsection 3-2(a) of this Code. In addition,issuance of plumbing permits are conditioned upon the following:

Qualifications. Permits shall be issued only to individuals or contractors licensedas master plumbers by the state board of health, except an individual may obtain apermit and may do plumbing work which complies with the provisions of theminimum standards herein prescribed on premises or that part of premises ownedand actually occupied by him as his homestead if he shall file with the buildingofficial and affidavit showing that he is performing the actual work himself in suchhomestead. No permits shall be issued to the homeowners for sewer and waterconnections. No journeyman shall install plumbing as herein defined unless he isauthorized to do so under the state building code.Surety bond. The applicant, except an individual doing work on his ownhomestead, shall first file a surety bond of $4,000.00 running to the city tocompensate the city for any damages caused to the city water system andappurtenances and city sewer system and appurtenances, streets, curb andgutter.

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Insurance. The applicant, except an individual doing work on his own homestead,shall first file with the clerk certificates of insurance issued by a company orcompanies duly licensed to do business in the state which shall be written on thecomprehensive liability, products and completed operations liability, automobileliability including employers nonownership liability in not less than the followingamounts:Bodily injury liability:

$250,000.00 each person;$500,000.00 for injuries as a result of any one occurrence.

Property damage liability:$ 50,000.00 each accident;$100,000.00 aggregate.

Automobile liability:Bodily injury:

$250,000.00 each person;$500,000.00 each occurrence.

Property damage:$100,000.00 each occurrence.

Any such evidence or certificate or certificates shall provide that it may notbe canceled by the insurer except upon ten days' written notice to the city. In caseof cancellation of such insurance, such permit shall be suspended automaticallyuntil such insurance has been replaced.

Exception. The above requirements of b and c shall not apply to any plumber whohas complied with the requirements of Minn. St. 326.40 relating to licensing,bonding and insuring master plumbers in the state, and the building official mayrequest evidence of his compliance and is authorized to verify compliance withsaid statute.

Well drilling. A permit is required before proceeding with construction of a new well or anymajor reconstruction (deepening of an existing well to the next deeper strata). No welldrilling permit shall be issued where:

Municipal water is available. The proposed new well is to be drilled to serve newbuilding construction and it is an area which the council determines will or can beserved by the municipal water system within a reasonable time upon theconstruction of trunk mains.Air conditioning. The well is to be constructed for the purpose of disposing of anyliquids, including surface waters, air conditioning, or commercial wastes.

Building moving. A permit is required before removing, relocating or transporting anybuilding into, out of or through the city.

Moving exclusively on county highways. When a permit is granted in accordancewith Minn. St. 160.26(3) by the state commissioner of highways for trunk highwaysor the county board or county engineer for highways under the jurisdiction of thecounty board, for moving of buildings or structures exclusively on such highways,no other permit shall be required from the city under this section.Permit requirements. The city shall issue a permit if it finds:

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Compliance with all application and fee requirements for the state licenseand city permit;That the building can be moved without endangering persons or property inthe city;Repealed by Ordinance No. 2000-10.That the building is structurally safe and fit for the purpose for which moved,if the removal location is in the city;That the applicant's equipment is safe and that persons and property wouldnot be endangered by its use;That zoning or other Code sections would not be violated by the building inits new location if the removal location is in the city; andThat persons or property in the city would not be endangered by the movingof the building.

Private swimming pools. A permit is required for the construction, installation, alteration orrepair of a private swimming pool. A permit application shall be accompanied by completeplans and specifications, including the type and location of the fencing, and a survey ormap showing the location thereof with respect to the boundary lines of the land of theapplicant.Permits for multiple dwellings, commercial or industrial buildings. No permit for a multipledwelling, commercial or industrial building or buildings for public assemblage shall beissued until the plans and specifications and site plan have been referred to the planningcommission for their review and recommendations and such permit has been approvedby the council.Signs. A sign may not be constructed, erected, remodeled, relocated, expanded orpainted except in cases of routine maintenance without a sign permit. A permit shall notbe issued unless the sign and all other signs on the premises of the applicant are incompliance with the regulations of the New Hope Sign Code, section 3-40, et al.

Exemption from permit fee. Signs permitted by subsection 3.40(g)(3) andsubsection 3.40(h)(4)b of the New Hope Sign Code are exempt from the permit feebut shall obtain a permit.Exemptions from permit. Signs permitted by subsection 3.40(f) through subsection3.40(g) of the New Hope Sign Code are exempt from the permit requirement butmust comply with all of the other regulations of said Code.

Fire suppression. No permit for the installation of any fire suppression sprinkler systemshall be issued until the applicant files with the city a complete set of plans for suchsystem approved by the insurance services offices and the fire prevention bureau.

Permit fees. All applications for permits pursuant to this chapter shall be subject to a fee asprescribed in chapter 14Permit fees, double, when. Should any person, co-partnership, or corporation begin work of anykind for which a permit from the city is required by this chapter, without having secured thenecessary permit from the city either previous to or during the day of commencement of anysuch work, or on the next succeeding business day where such work is commenced on saturdayor on a sunday or a holiday, he shall, when subsequently securing such permit, be required topay double the fees provided for such permit, and shall be subject to all the penal provisions ofthis Code.Suspension of building permits. This section shall be used by the city from time to time duringany review of its comprehensive zoning plan to designate certain uses or developments whichthe city council has found and determined should be prohibited for a specified period of time and

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the issuance of the building permits suspended, for the reasons enunciated in a resolutionproviding for such suspension of building permits.

Mini-warehouse permit moratorium.Licensed residential and day care facilities permit moratorium.Permit moratorium.

Time limits on completion of work. All work performed under a permit authorized by subsections3-1(a)(1) through 3-1(a)(7) of this Code shall be completed within one year from the date ofpermit issuance. The person obtaining the permit and the owner of the property shall beresponsible for the completion deadline.The building official may extend the time for completion upon written request of the permittee ifcircumstances beyond the permittee's control prevented the completion of said work. Anextension shall be requested not less than 30 days prior to the end of the one-year period.A new permit must be applied for if work is not completed within the one-year period and anextension is not granted.

(Code 010166; Code 081169; Ord. No. 76-17; Ord. No. 77-6; Ord. No. 77-12; Ord. No. 77-17; Ord. No. 77-20;Ord. No. 77-23; Ord. No. 78-5, Ord. No. 78-9, Ord. No. 78-18; Ord. No. 79-6; Ord. No. 81-3; Ord. No. 82-1;Code 072684; Ord. No. 84-14; Ord. No. 84-16; Ord. No. 85-1, repealed by Ord. No. 85-3; Ord. No. 85-4,repealed by Ord. No. 85-6; Ord. No. 85-13, expired 09/06/85; Ord. No. 87-5; Ord. No. 95-06; Ord. No. 98-03;Ord. No. 99-02; Ord. No. 2000-10; Ord. No. 03-09, §§ 1, 2, 5-27-2003)

Sec. 3-2. Building code.

State building code adopted. The Minnesota State Building Code identified as MSBC andestablished pursuant to Minn. Stat. 16B.59 through 16B.75 and published in Minnesota RulesChapters 1300 through 1370 and incorporating the Minnesota Plumbing Code and theMinnesota Energy Code, Chapters 4715 and 7670 respectively of Minnesota Rules is herebyadopted by reference and shall be administered and enforced as the building code of the city.The MSBC is hereby incorporated in this Code as if set out in full including the followingspecifications in subsections 3-2(a)(1) through 3-22(d) of this Code.

Mandatory enforcement provisions. The following chapters of Minnesota Rules shall beenforced and administered without change by the city as mandatory provisions of theMinnesota State Building Code:

Chapter 1300—Minnesota Building Code AdministrationChapter 1301—Building Official CertificationChapter 1302—Construction ApprovalsChapter 1303—Minnesota ProvisionsChapter 1305—Adoption of the 2006 International Building Code (hereafter IBC).The adoption of this chapter specifically includes IBC Mandatory Chapters 2, 33and 35 except as qualified by the applicable provisions in Minnesota RulesChapter 1300 and as amended by Minnesota Rules Chapter 1305.Chapter 1307—Elevators and Related DevicesChapter 1309—Adoption of the International Residential Code (hereafter IRC).The adoption of this Chapter specifically includes the IRC Chapters 2 through 10,43 and Appendix Chapter K, except as qualified by the applicable provisions inMinnesota Rules, Chapter 1300.Chapter 1311—Rehabilitation of Existing Buildings. The adoption of this Chapterincorporates by reference Chapters 1 through 6 of the 2000 Guidelines for theRehabilitation of Existing Buildings (GREB) as promulgated by the InternationalConference of Building Officials, Whittier, California. Appendices 2, 3 and 4 of

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GREB are deleted and not made part of this Code or the MSBC. Also, theguidelines which include Resources 1 through 6 shall not be adopted as part ofthis Code, except GREB Resource 2 as referenced in GREB §504.1Chapter 1315—Adoption of the 2006 National Electrical Code (NEC)Chapter 1325—Solar Energy SystemsChapter 1341—Minnesota Accessibility CodeChapter 1346—Minnesota Mechanical CodeChapter 1350—Manufactured HomesChapter 1360—Prefabricated StructuresChapter 1361—Industrialized/Modular BuildingsChapter 1370—Storm Shelters (Manufactured Home Parks)Chapter 4715—Minnesota Plumbing CodeMinnesota Energy Code consists of Minnesota Statutes 16B,617 (7670) andMinnesota Rules Chapters 7670, 7672, 7674, 7676 and 7678.

Optional enforcement provisions adopted. The following chapters of Minnesota Rules,representing optional provisions of the Minnesota State Building Code as provided inChapter 1300.0060, are hereby adopted by the city without change and shall be enforcedand administered by the city as a part of the state building code for the city:

Chapter 1306—"Special Fire-Protection Systems". The adoption of this Chaptershall specifically include the adoption of Chapters 1306.0020, Subpart 2.Grading, Appendix Chapter I, 2001 Supplements to the IBC.Chapter 1335—Floodproofing Regulations, parts 1335.0600 to 1335.1200.

The Minnesota Electrical Act. The purpose of this section is to establish an electricalinspections program in the city that is administered and enforced by the city.

Authority to inspect. The city hereby provides for the inspection of all electricalinstallations, pursuant to Minn. Stat. § 326B.36 subd. 6.Adopted by reference. The Minnesota Electrical Act, as adopted by thecommissioner of labor and industry pursuant to Minn. Stat. §§ 326B.31 to326B.399 is hereby incorporated into this section by this reference as if fully setout herein. The Minnesota State Building Code incorporates by reference theNational Electrical Code pursuant to Minnesota Rules § 1315.0020. All such codesincorporated herein by this reference constitute the electrical code of the city.Compliance. All electrical installations within the city shall comply with therequirements of the electrical code of the city as set forth in this section.Permits and fees. The issuance of permits and the collection of fees shall be asauthorized in Minn. Stat. § 326B.37. Any inspection or handling fees shall bepayable to the City of New Hope.Notice and appeal. All notices of violation and orders issued under this subsection(3) of this section shall be in conformance with Minn. Stat. § 326B.36, subd. 4.Violations and penalties. A violation of the Minnesota Electrical Act is amisdemeanor. (Minn. Stat. § 326B.082, subd. 16.).

(Ord. No. 81-3; Ord. No. 83-24; Ord. No. 87-11; Ord. No. 99-02; Ord. No. 03-09, §§ 3, 4, 5-27-2003; Ord. No.03-24, § 1, 11-24-2003; Ord. No. 05-19, § 1, 11-28-2005; Ord. No. 07-11, § 1, 10-8-2007; Ord. No. 11-08, § 1,7-12-2011)

Secs. 3-3—3-21. Reserved.

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Sec. 3-22. Additional provisions.

Application, administration and enforcement. The application, administration, and enforcementof the Minnesota State Building Code and The Minnesota Electrical Act in the city shall be inaccordance with Minn. Stat. Chapter 16B and all applicable Minnesota Rules to the enforcementof the MSBC, specifically including Chapter 1300. The city council, pursuant to Minn. Stat.16B.65, shall appoint a building official who shall attend to all aspects of building codeadministration. The city's community development department shall be authorized enforcementagency of the city.Surcharge. The applicant for a permit required by this chapter shall also pay a surcharge asprescribed by Minnesota Statutes 16B.70, and chapter 14 of this Code.Adopted code and rules on file. One copy of the 2000 IBC and IRC and one copy of theMinnesota State Building Code, effective as of March 31, 2003, each marked as the official copyare filed for use and examination by the public in the office of the city clerk as provided by Minn.Stat. 471.62.Repeal. All code sections in conflict or inconsistent with the provisions of New Hope Codesections 3-2 through 3-22(c) and New Hope Code section 3-1(a)(1) are hereby repealed.

(Ord. No. 77-12; Ord. No. 79-6; Ord. No. 81-3; Ord. No. 83-24; Ord. No. 87-11; Ord. No. 99-02; Ord. No. 03-09, §§ 5, 6, 5-27-2003; Ord. No. 11-08, § 2, 7-12-2011)

Sec. 3-23. Well drilling.

Health requirements.Department of health. All commercial wells shall comply with the requirements of theMinnesota State Department of Health for public water supplies.Contamination. Each water supply system shall be so located and constructed so that itwill not be contaminated by any existing or future sewage disposal system. It shall alsobe constructed to minimize the possible contamination of the well from all possibleexternal sources within the geological strata surrounding the well.

Minimum production of waters. All wells for domestic use, hereafter constructed in the city, shallproduce a minimum initial supply 900 gallons of sandfree water per hour.Location.

Proximity to pollution. Wells shall be located in a manner to be free from flooding and thetop shall be so constructed and located as to be above all possible sources of pollution.No well shall be closer than three feet to the outside basement wall of a dwelling. Theoutside basement footing shall be continuous across the opening of the well above. Nowell shall be located closer than 15 feet from a property line. The following minimumdistances between a well and possible sources of contamination shall be complied with:

20 foot requirement. Buried or concealed extra heavy cast iron sewer or drain lineswith lead caulked, air tested joints—20 feet;50 foot requirement. Vitrified clay or concrete sewers (or cast iron sewers not ofconstruction described above), septic tanks, or drain fields—50 feet;75 foot requirement. Dry wells, seepage pits, cesspools—75 feet.

Location in pit. No well shall hereafter be installed in a pit below the surface of the groundunless such well is an alcove opening directly into the main basement area of the buildingbeing served by the well. The well pit floor shall be constructed according to therequirements of pump room floors outlined in this Code.

Prohibited termination. No well constructed in the city shall terminate in the Decorah Shale,Platesville Limestone or Shakopee-Ansota Belomite. No existing well shall be increased in depth

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to terminate in these formations.Diameters of well casing.

Minimum diameter. The minimum diameter of any finished well casing shall be fourinches. Well casings shall be constructed of welded or coupled steel or wrought iron andshall conform to the following specifications for weight and thickness.

Diameter Wall Thickness Weight per lin. ft. withThreads and Couplings

4 inches .237 inches 10.98 lbs.5 inches .258 inches 14.8 lbs6 inches .280 inches 19.45 lbs.8 inches .322 inches 29.35 lbs.10 inches .365 inches 41.85 lbs.12 inches .375 inches 51.15 lbs.

Well casings in unconsolidate formations. The casing of any well constructedentirely in unconsolidate formations shall extend to a depth of 100 feet belowestablished ground level or through the first impervious soil formation encountered,whichever is deeper and at least five feet below pumping level (level below groundlevel to which the water surface is lowered in the well during pumping). Where awaterbearing formation is encountered during well construction at a depth whichsatisfied these minimum requirements, the acceptability of the formation for welldevelopment shall be based on the satisfactory results of analysis of the water bya competent laboratory. Any waterbearing formation yielding water which iscontaminated, as evidenced by the presence of chemicals or bacteria of sewageorigin, shall be regarded as unsatisfactory for well development.Special conditions. Where a well is drilled to terminate in the St. Peter Sandstoneor the Jordan Sandstone, the Decorah, Platteville and Shakopee formations shallbe sealed off. In the case of a well finished at a diameter of four inches andextending through the Platteville Limestone, this shall be accomplished byinstalling a minimum five inch diameter casing from the surface through the glacialdrift and into the Platteville Limestone. A nominal five inch (minimum) open holeshall then be drilled through the undesirable formations and at least 20 feet intothe continuous nonfaulty consolidated St. Peter Sandstone and/or at least 20 feetbelow the pumping water level, whichever is lower. A minimum four inch liner shallthen be installed from the surface to the bottom of the five inch hole, and thebottom ten feet shall be grouted in place. The nominal four inch open hole shall becontinued into the waterbearing formation such distance as is necessary to providethe required water supply. In case of wells larger than four inched, all othercomponent parts of the well shall be constructed proportionally.

Existing wells. The minimum diameter requirement of four inches provided in subsection3-23(e)(1) shall not apply to the deepening of any well, existing on June 28, 1960, whichhas a well casing of less than four inches. Such wells may be deepened even though theextended well casing shall be less than four inches in diameter; and all component partsproportional.Temporary wells. The provisions of subsections 3-23(e)(1) and 3-23(e)(2) shall not applyto any well constructed that is of a temporary nature. No permit for construction of a

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temporary well shall be issued unless approved by the city engineer, upon finding that thetemporary well proposed will adequately and safely provide the necessary water, and thatthe construction of a permanent well in accordance with the terms of this section wouldwork a hardship upon the applicant.

Installation. The pump and equipment shall be installed in a manner satisfactory to the city andshall conform to the following:

Pollution-proof. Pump and equipment shall be designed to assure a pollution-proof andfrost-proof installation.Water-tight mounting. The pump base shall be constructed so as to permit installation ofa water-tight mounting.Well seal. A well seal shall be used. Such well seal shall be of simple construction easilyinstalled, removed and reinstalled should it become necessary to remove the drop pipefor repair.Pump room floor. The top of the well casing shall be a minimum of 18 inches above thebasement floor level and the seal shall be so constructed and installed as to maintain itswatertight feature, should flooding occur. The pump room floor shall be at least six inchesabove the surrounding grade and the concrete platform shall be minimum four inchesabove grade at the edge.Suction lines. Suction lines installed through the well casing, or where otherwise installedless than ten feet below grade, shall be provided with an outline protective casing. Suchprotective casing shall be set watertight into the well casing. The suction line shall becaulked into the protective casing to provide a watertight joint which will permit easyremoval. The suction line shall slope upward toward the pump. Where a suction line isbrought into a basement from a well located some distance from the basement, the pumpshall be located at least 18 inches above the basement floor.Future measurements. Provisions shall be made in the well seal for future measurementsof static and pump levels.

Chlorination. After final installation of the pumping equipment, the well shall be pumpedcontinuously until the water is free of turbidity, then chlorinated heavily in accordance with thefollowing procedure:

Introduce into the well one pound of high test (70 percent or equivalent calciumhypochlorite (chlorinated lime)) by scattering same over the surface of the water in thewell so that the powder will sink to the bottom, thereby permeating the supply.If powder cannot be introduced directly, then mix one pound of calcium hypochlorite hightest (70 percent or equivalent) with five gallons of water and pour the mixture into thewell.Allow the chemical to remain in the well for at least 12 hours, then pump to waste until theodor and taste of the chemical have practically disappeared.Where calcium hypochlorite tablets meeting the above requirements are used, they shallremain in the well for a minimum period of 48 hours before it is pumped to waste asstated above.Wells larger than four inches in diameter require proportionally larger doses of thechemical for chlorination but shall not have a concentration of applied solution less than150 parts per million for 12 hours.

Test. Upon completion of drilling a well, a pumping test of sufficient duration to determine theyield and maximum drawdown shall be conducted. Within 15 days after inspection of the wellthe permit holder shall file an affidavit with the clerk setting forth the results of the pumping test,the capacity of the well, the pumping level, the depth of casing from grade and length and size

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of screen if one is used. A geological log of the formations encountered in drilling each well shallbe kept by the driller. A copy of said log, typed on 8½ inch x 11 inch paper shall be filed alongwith the well affidavit and such log shall specifically state where impervious formation isencountered. Failure to provide such a log or affidavit, or willful failure to provide accurateinformation with respect thereto shall constitute a violation of this Code.

Sec. 3-24. Building moving.

State license required for movers. No person shall move, remove or relocate any building into,out of or through the city limits without first obtaining the appropriate state license and city permitrequired by subsection 3-1(a)(3), et al., of this Code.

Bond required. Repealed by Ordinance [No.] 2000-10.Building moving conditions. The city shall specify the route to be followed and may impose anyreasonable conditions for crossing street intersections; provided that the following conditionsshall apply in every case:

Speed. All removals of buildings over public streets shall be done with the greatest speedreasonably possible when the same is on a public street within the city limits.Protection of streets. Any building exceeding five tons moved over or across any streetshall be mounted upon wheels at least 24 inches in width unless such streetway isadequately planned with three inch planks to protect the same from injury.Overnight stand. If it shall be necessary for any building to stand in any street overnight,the person having charge thereof shall place around said building a good and sufficientnumber of red lights as a warning to persons, showing the situation thereof, and shallkeep the same burning overnight.Notification of location. Any person receiving a permit to move any building onto or uponthe streets of the city shall, every evening, at or before 6:00 p.m., notify the police and firedepartments, or whomsoever is in charge of said departments, as to the exact location ofevery such building while the same is occupying any portion of any street.

Temporary removal of wire. Upon the request of any person holding a building moving permitused by the city, any person maintaining wires upon, across or above the streets and publicplaces shall temporarily raise or lower them to permit the moving of buildings. The expense ofsuch temporary removal, raising or lowering of wires shall be paid by the person requesting thesame, and shall be paid in advance if so requested. Advance notice of not less than 48 hoursshall be given to arrange for such temporary wire change.

(Code 010166; Ord. No. 2000-10)

Sec. 3-25. Private swimming pools.

Water.City water supply. There will be no cross connections of the city water supply with anyother source of water supply for the pool. The line from the city water supply to the poolshall be protected against backflow of polluted water by means of either an air gap,vacuum breaker or other adequate device to prevent back siphonage.Polluted water. No body of water, whether it be a natural or artificial body of water in thecity which contains sewage, waste or other contaminating or polluting ingredientsrendering the water hazardous to health shall be used for swimming or bathing purposesby any person or persons.

Enclosed by fence.Pools on location. All private swimming pools, including inflatable pools, placed in use or

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constructed on any property, shall be completely surrounded by a fence or wall not lessthan four feet in height, which shall be so constructed as not to have openings, holes orgaps larger than four inches in any dimension, except for doors and gates. A dwellinghouse or accessory building may be used as part of such enclosure, but otherwise thefence or wall shall be erected on the ground. All gates or doors opening through suchenclosure shall be equipped with a self-closing and self-latching device for keeping thegate or door securely closed at all times when not in actual use, except that the door ofany dwelling which forms a part of the enclosure need not be so equipped. The fenceshall be a type not readily climbed by children. Whirlpools, hot tubs or spas that canaccommodate no more than ten adults shall be exempt from this fence requirement ifequipped with a locking safety cover so that the whirlpool, hot tub or spa is not accessiblewhen not in use. The safety cover must comply with the American Society of Testing andMaterials Safety Standard ASTM F 1349-91 (2003) as required by the Minnesota StateBuilding Code.Pools on display. All portable "private swimming pools" that are on display by retailers,whether for sale, demonstration or otherwise and when actually filled with water over agreater depth than 18 inches, shall be enclosed as provided in (1) above, provided that,the director of community development or his agent may make modifications in individualcases of display pools, upon the showing of good cause, with respect to the height,nature or location of the fence or wall gates or latches, or the necessity therefor, and maypermit other protective devices or structures to be used so long as the degree ofprotection sought by this section is not reduced thereby. Modifications for other thandisplay pools shall be processed pursuant to subsection 3-25(g).

Shielding lights. Lights used to illuminate any swimming pool shall be so arranged and shadedas to reflect light away from adjoining premises.Unnecessary noise. It shall be unlawful for any person to make, continue or cause to be madeor continue at any swimming pool or family pool any loud, unnecessary or unusual noise or anynoise which annoys, disturbs, injures or endangers the comfort, repose, health, peace or safetyof others. In the operation of a swimming pool, the use or permitting the use or operation of anyradio, receiving set, musical instrument, phonograph or other machine or device for theproducing or reproducing of sound in such a manner as to disturb the peace, quiet and comfortof the neighboring inhabitants or at any time with louder volume than is necessary forconvenient hearing of the person or persons who are in the pool or the swimming pool premisesshall be unlawful.Lot lines. Swimming pools shall comply with the setback line requirements of the zoning code ofthe city.Prior construction. The owner of any land upon which a private swimming pool has beenconstructed prior to the effective date of this Code shall within 60 days after said effective datecomply with the requirements of this Code, and thereafter it shall be unlawful to maintain anyswimming pool which does not meet the requirements of this Code.Modifications.

Certain modifications. The city council may make modifications in individual cases, upona showing of good cause, with respect to the height, nature or location of the fence, wall,gates or latches, or the necessity therefor, provided the degree of protection is notreduced thereby.Other protection. The city council may permit other protective devices or structures to beused so long as the degree of protection afforded by the substitute devices or structuresis not less than the protection afforded by the fence, gate and latch described herein.Extensions. Upon the application of a property owner, the city council may grant

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extension of time for compliance, in individual cases, upon the showing of good cause;such extension of time shall not exceed 30 days at a time.

Discharge into sanitary sewer. No part of the contents of any swimming pool shall be dischargedinto the sanitary sewer system.Interpretation. In the event of conflict or ambiguity between Minn. Reg. MHD 115, 1971 as toany portion of subsections 3-25(a) through 3-25(i) of this Code, the state regulations shallprevail.

(Code 072869; Ord. No. 72-13; Ord. No. 74-17; Ord. No. 05-18, § 1, 11-28-2005; Ord. No. 07-04, § 2, 8-27-2007; Ord. No. 08-02, § 1, 3-24-2008)

Sec. 3-26. Architecture.

Design requirements. In all districts, all principal buildings (hereinafter "building") must bedesigned by a Minnesota registered professional engineer or a Minnesota registered architectper the requirements of Minnesota Rules Chapter 1800 and Minn. Stat. Chapter 326 (2002).Those aspects of a building plan which relate unambiguously to the formulation of the aestheticdesign and the solution of the architectural problems of a structure must be prepared by orunder the direct supervision of a registered architect.Legends required on plans. Upon submission to the city for approval within this section of theCity Code, building plans must bear a legend in substantially the following form:The aesthetic design features of this structure(s) have been prepared by me or under my directsupervision.

(Signature by Registered Architect)Registration No.____________Date:____________

Registered professional engineers. If building plans within the regulation of this section of theCity Code have been prepared solely by a registered professional engineer, the plans submittedto the city for approval must bear a legend in substantially the following form:These plans have been prepared by me, or under my direct supervision, and the structure(s)shown thereon has no aesthetic design features, and the assistance, supervision and thereforeapproval of a registered architect is not required.

(Signature by Registered Professional Engineer)Registration No.____________Date:____________

Aesthetic considerations and certification. If the opinion expressed by a registered professionalengineer in subsection 3-26(c), as to whether the building(s) is/are devoid of aestheticconsiderations, so that an architect is not required, does not receive the concurrence of the citybuilding official, the applicant shall be required to provide the city either with the certificaterequired in subsection 3-26(b), or provide a statement from a registered architect concurringwith the certification of the registered professional engineer as described in subsection 3-26(c).Exemptions. Notwithstanding subsections 3-26(a) through 3-26(d), the following buildings areexempt from the provisions of this section:

Single-family. Dwellings for single families, and outbuildings in connection therewith, suchas barns and private garages;Two-family. Two-family dwellings;Temporary construction buildings. Temporary buildings or sheds used exclusively forconstruction purposes, not exceeding two stories in height, and not used for living

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quarters;Public improvements. Any public work or public improvement done by a public body inthis city, the cost of which does not exceed $30,000.00, provided that plans andspecifications for such work or improvement affecting water supply or waste disposal areapproved by the appropriate state agency; orBuilding less than $30,000.00. Any building, structure, or work, the total cost of whichdoes not exceed $30,000.00.

Prohibitions on design. Single-family and two-family dwellings must not be identical or similarnor monotonously redundant within the same block.

(Ord. No. 78-6; Ord. No. 03-09, § 7, 5-27-2003)

Secs. 3-27—3-29. Reserved.

Sec. 3-30. Property maintenance code.

Title. Sections 3-30 of this Code shall be known, cited, and referred to as the New HopeProperty Maintenance Code.Purpose and objectives. The purpose of this property maintenance code is to protect the publichealth, safety, and the general welfare of the people of the city.

General objectives. General objectives of the property maintenance code include, amongothers, the following:

Protection. To protect the character and stability of all areas within the city.Prevention of adverse conditions. To correct and prevent conditions that adverselyaffect or are likely to adversely affect the life, safety, general welfare, and health,including the physical, mental, and social well-being of persons occupying orutilizing structures within the city.Health standards. To provide minimum standards for cooking, heating, sanitaryequipment, light, and ventilation necessary to health and safety.Overcrowding. To prevent the overcrowding of dwellings by providing minimumspace standards per occupant for each dwelling unit.Maintenance. To provide minimum standards for the maintenance of existingbuildings, and to thus prevent deterioration and blight.Land values. To preserve the value of land and buildings throughout the city.

Discrimination and privacy. Inspection and enforcement shall be based on therequirements of this property maintenance code only and shall not be used todiscriminate against any person on any basis or to interfere or permit interference withlegal rights to personal privacy.Right to livelihood. The city does not, by this property maintenance code, intend todeprive any person of the right to livelihood, except when the pursuit of that livelihood isliable to be damaging and/or hurtful to the public health, safety, or general welfare of thepeople of the city.Contractual relationships. With respect to rental, lease, or sale disputes, and except asotherwise specifically provided in the terms of this property maintenance code, it is notthe intention of the city to intrude upon the fair and accepted contractual relationshipbetween tenant and landlord or between buyer and seller. The city does not intend tointervene as an advocate of any party, nor to act as an arbiter, nor to be receptive tocomplaints which are not specifically and clearly relevant to the provisions herein, nor tobe responsible for certification of the condition of structures, fixtures, or facilities. It is

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intended that the contracting parties exercise such legal sanctions as are available tothem without the intervention or involvement of city government.

General requirements.The requirements of this property maintenance code shall apply to all buildings,structures and property within the city.All buildings and portions of buildings, including mechanical, electrical, plumbing andother building systems, previously constructed or installed in accordance with the city andstate codes, must be maintained in conformance with the requirements of the codes ineffect at the time of construction or installation.State statutes and codes which apply to or affect existing buildings are considered part ofthe Code.Specific requirements of other sections of this Code, including, but not limited to, zoning,fire and nuisances, shall supersede the general requirements of section 3-30 of thisCode.In cases where a conflict may occur between requirements of this section or other codes,the requirements providing the greatest degree of life safety, property maintenance andgeneral welfare to the city shall govern.Separability. Every section, provision, or part of this property maintenance code isdeclared separable from every other section, provision, or part to the extent that if anysection, provision, or part of this property maintenance code shall be held invalid by acourt of law, it shall not invalidate any other section, provision, or part thereof.

Code adopted. The International Property Maintenance Code, 2006 edition, as published by theInternational Code Council, is adopted as the property maintenance code of the city, for thecontrol of buildings and structures as provided in this section, and each and all of the definitions,regulations, provisions, penalties, conditions and terms of such code are referred to, adoptedand made a part of this section as if fully set out in this section, with the additions, insertions,deletions and changes as set forth in subsection 3-30(e) "Revisions" of this Code.Revisions. The following sections of the International Property Maintenance Code, 2000 edition,are revised as follows:

Section 101.1. Title. Amended to read: These regulations shall be known as the PropertyMaintenance Code of the City of New Hope, hereinafter referred to as PropertyMaintenance Code.Section 102.3. Application of other codes. Amended to read: Repairs, additions oralterations to a structure or changes of occupancy shall be done in accordance with theprocedures and provisions of the Minnesota State Building Code and the New Hope CityCode.Section 102.7. Referenced codes and standards. Amended to read: All references toother codes or standards within this Property Maintenance Code shall mean theapplicable provisions of the New Hope City Code or Minnesota State Building Code,whichever is the most restrictive requirement permitted under statute.Section 103.2. Appointment. Delete entire section and amend to read: The City Manageror the Manager's designated agents shall be the code official responsible for theadministration and enforcement of this code.Section 103.6. Fees. Amended to read: Fees/continuing violations. A fee shall be payablefor every inspection required by Section 3-30 of this code as prescribed by chapter 14 ofthis code. A single fee shall be due and payable for the initial inspection and onereinspection related to the code compliance action.

Additional fees. An additional fee as prescribed by chapter 14 of this code shall be

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due and payable for every required reinspection subsequent to the firstreinspection provided for in this section.Continuing violation a separate misdemeanor. In addition to the additionalinspection fee for additional inspections for continuing violations, each period often days after the initial 60-day period of the violation shall constitute amisdemeanor violation of this code.

Section 111. Means of appeal. Delete entire section and amend to read:Appeals. Appeals from a correction or compliance order issued by the CityManager pursuant to the Property Maintenance Code are governed by and subjectto the provisions of chapter 1 of the New Hope City Code.Penalties. Any person who fails to comply with a correction or compliance orderafter right of appeal has expired, and any person who fails to comply with amodified correction or compliance order within the time set therein, and any personwho violated any of the provisions of this Property Maintenance Code by doing anyact or omitting to do any act which constitutes a breach of any section shall beguilty of a misdemeanor.Alternative sanctions. In the case of commercial facilities which require licensingand multiple dwellings which require registration, said licensing or registration maybe revoked or renewal withheld until compliance with this Property MaintenanceCode.Execution of correction or compliance order by public authority. Upon failure tocomply with a correction or compliance order within the time set therein and noappeal having been taken, or upon failure to comply with a modified correction orcompliance order within the time set therein, the criminal penalty establishedhereunder notwithstanding, the City Council may by resolution cause the citeddeficiency to be remedied as set forth in the correction or compliance order. Thecost of such remedy shall be lien against the subject real estate and may be leviedand collected as a special assessment in the manner provided by MinnesotaStatutes.

Section 202. General definitions. Amended by adding:Insanitary as applied to a structure means failure to maintain healthy conditionsand liable to be a danger or hazard to the health of persons occupying orfrequenting it, or to the public, if such danger arises from the methods or materialsof construction, or from equipment installed therein for the purposes of lighting,heating, ventilation, or plumbing, or from existing conditions liable to cause ratinfestation, vermin infestation, accumulation of trash or debris in the building, yardsor accessory structure on the premises or from mold-causing conditions (same asunsanitary).Occupied for dwelling units means occupied areas will include those areasdesignated and utilized as habitable space, as well as nonhabitable spaces whichare easily accessible and normally utilized by the occupants. For nonresidentialfacilities, occupied areas will include all areas utilized in the operation of whateveruse occupies the building.

Section 302. Exterior Property Areas. Amended by adding Sections 302.10, 302.11 and302.12 to read:

Section 302.10. Removal of snow and ice. The owner of a multiple-familyresidential or commercial building shall be responsible for the removal of snow andice from parking lots, driveways, steps, and walkways on the premises within 24hours of the cessation of the snow fall causing the accumulation.

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Section 302.11. Illumination. The owner of a multiple occupancy building shall beresponsible for providing and maintaining illumination in all exterior parking lotsand walkways with provisions to control glare affecting surrounding properties.Section 302.12. Landscaping in yards and setbacks. The owner of any buildingshall be responsible for providing and maintaining landscaping in all yards and/orsetbacks and all areas not designated for buildings, circulation, parking or storageon the premises.

Section 303.3. Premises identification. Delete the text "4 inches (102 mm) high" andreplace with "3 inches high for residential and 6 inches high for commercial".Section 303.13. Window, skylight and door frames. Amended by adding Section303.13.3. Storm windows.Section 303.13.3. Storm windows. All openable windows with a single layer of glass mustbe provided with tight fitting storm windows. Storm windows may be temporarily removedto allow for the installation of screens during periods of warm weather.Section 303.15. Doors. Amended by adding Section 303.15.1. Multiple-family dwellingsecurity system.Section 303.15.1. Multiple-family dwelling security system. For the purpose of providing areasonable amount of safety and general welfare for persons occupying multiple-familydwellings, an approved security system shall be maintained for each multiple-familybuilding to control access. The security system shall consist of locked building entranceor foyer doors, and locked doors leading from hallways into individual dwelling units.Dead-latch type door locks shall be provided with lever knobs (or door knobs) on theinside of building entrance doors and with key cylinders on the outside of buildingentrance doors. Building entrance door latches shall be of a type that are permanentlylocked from the outside and permanently unlocked from the inside.Section 303.18. Building Security shall be added to read as follows:Section 303.18. Building security. Doors, window or hatchways for dwelling units or roomunits shall be provided with devices designed to provide security for the occupants andproperty within.Section 303.18.1 Doors. Doors providing access to a dwelling unit or rooming unit that isrented, leased or let shall be equipped with a deadbolt lock meeting specifications setforth herein. Such deadbolt locks shall be operated only by turning of a knob or key andshall have a lock throw of not less than 1-inch. For the purpose of this section, a slidingbolt shall not be considered an acceptable deadbolt lock. Such deadbolt locks shall beinstalled according to manufacturer's specifications and maintained in good workingorder. All deadbolt locks required by this section shall be designed and installed in such amanner so as to be operable inside of the dwelling unit or rooming unit without the use ofa key, tool, combination thereof or any special knowledge or effort.Section 303.18.2 Windows. Operable windows located in whole or in part within 6 feetabove ground level or a walking surface below that provides access to a dwelling unit orrooming unit that is rented, leased or let shall be equipped with a window sash lockingdevice.Section 303.18.3 Basement hatchways. Basement hatchways that provide access to adwelling unit or rooming unit that is rented, leased or let shall be equipped with devicesthat secure the units from unauthorized entry.Section 307. Handrails and Guardrails shall be added to read as follows:Section 307. Handrails and Guardrails.Section 307.1 General. Every exterior and interior flight of stairs having more than four

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riser shall have a handrail on one side of the stair and every open portion of a stair,landing, balcony, porch, deck, ramp or other walking surface which is more than 30inches above the floor or grade below shall have guards. Handrails shall not be less than30 inches high or more than 42 inches high measured vertically above the nosing of thethread or above the finished floor of the landing or walking surfaces. Guards shall not beless than 30 inches high above the floor of the landing, balcony, porch, deck, or ramp orother walking surface.

Exception: Guards shall not be required where exempted by the adopted buildingcode.

Section 402. Light. Amended by adding Section 402.4 Convenience switches to read:Section 402.4. Convenience switches. A convenient switch or equivalent device forturning on a light in each dwelling unit shall be located near the points of entrance to suchunit.Section 505.1. General. Delete all references to the "International Plumbing Code" andreplace with "Minnesota State Building Code".Section 602.2. Residential occupancies. Delete the reference to Appendix D of the"International Plumbing Code" and replace with "Minnesota State Building Code". Alsodelete 65° F (18° C) and replace with 68° F (20° C).Section 602.3. Heat supply. Insert: September 1 to June and delete 65° F (18° C) andreplace with 68° F (20° C). Delete the reference to Appendix D of the "InternationalPlumbing Code" and replace with "Minnesota State Building Code".Section 602.4. Occupiable workspace. Insert: September 1 to June 1.Section 604.2. Service. Delete the reference to the "ICC Electrical Code" and replacewith "Minnesota State Building Code".Section 702. Means of Egress. Delete all references to the "International Building Code"and replace with "Minnesota State Building Code".Chapter 8 Referenced standards. Amended to read: All references to other codestandards within this code shall mean the applicable provision of New Hope City Code orMinnesota State Building Code, whichever is the most restrictive requirement permittedunder statute.

(Ord. No. 77-15; Ord. No. 2001-07; Ord. No. 05-15, § 1, 10-24-2005; Ord. No. 07-11, § 2, 10-8-2007)

Sec. 3-31. Rental property registration permit.

Preamble. The city believes that providing for public health, safety and welfare to its citizensmandates the existence of a rental dwelling unit registration permit and maintenance programthat corrects substandard conditions and maintains a standard for rental dwelling units.Purpose. It is the purpose of this section to assure that rental housing in the city is decent, safeand sanitary and is so operated and maintained as not to become a nuisance to theneighborhood or to become an influence that fosters blight and deterioration or creates adisincentive to reinvestment in the community. The operation of rental dwelling units is abusiness enterprise that entails certain responsibilities. Operators are responsible to take suchreasonable steps as are necessary to assure that the citizens of the city who occupy such unitsmay pursue the quiet enjoyment of the normal activities of life in surroundings that are: safe,secure and sanitary; free from crimes and criminal activity, nuisances or annoyances.Scope. This section applies to all dwelling units that are leased in whole or in part as a rentaldwelling unit including single-family and two-family housing. It also includes accessorystructures such as garages and storage buildings and appurtenances such as sidewalks and

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retaining walls, which are on the property. This section does not apply to Minnesota Departmentof Health licensed rest homes, convalescent care facilities, nursing homes, hotels or motelslicensed by the city.Definitions.

Apartment building. Any building or portion thereof that contains three or more dwellingunits, sleeping rooms, or a combination thereof but not including condominiums or townhomes.Building official. The building official for the City of New Hope or his/her duly authorizedrepresentative(s).City. Shall mean the City of New Hope.City council. Shall mean the City Council of the City of New Hope.Condominium. Condominium is a single-dwelling unit in a multi-dwelling unit building thatis separately owned and may be combined with an undivided interest in the commonareas and facilities of the property. Each individual owner may sell or encumber his/herown unit.Denial. As used in this Code is the refusal to grant a license to a new or renewingapplicant by the city.Dwelling unit. Any building or portion thereof that contains living facilities, includingprovisions for sleeping, eating, cooking and sanitation, for not more than one family.Dwelling, single-family. A building or portion thereof containing one dwelling unit. Forpurposes of this section, a single-family dwelling unit includes a free standing single-family residence, a single dwelling in a cooperative, an individual condominium ortownhouse, a single dwelling unit in a nonresidential structure or a dwelling unit offeredfor rent in a duplex in which the owner occupies the other dwelling unit.Dwelling, two-family. A building or portion thereof containing two dwelling units.Efficiency dwelling unit. A dwelling unit containing only one habitable room plus privatebathroom facilities within the unit.Lease. An oral or written agreement between a dwelling unit owner and a tenant fortemporary use of a rental dwelling unit, usually in exchange for payment of rent.Rent. The consideration paid by a tenant to the owner of a rental dwelling unit fortemporary and exclusive use of the rental dwelling unit by the tenant. The consideration isnot limited to cash.Rental dwelling unit. A dwelling unit or sleeping room occupied and leased by a tenant.Rental registration permit. The formal approval of an activity specified on the rentalregistration certificate issued by the city.Revoke. To take back a license issued by the city.Sleeping room. Any room or rooms used or intended to be used by a tenant for sleepingpurposes with or without meals and not licensed by the Minnesota Department of Health.Suspend. To make a license temporarily inoperative.Tenant. Any adult person granted temporary use of a rental dwelling unit or sleepingroom pursuant to a lease with the owner of the rental dwelling unit.Townhouse. A single-family dwelling constructed in a group of dwellings attached to eachother and where each dwelling unit extends from the foundation to the roof and isseparated from other dwelling units by property lines.

Registration permit.Required. No person shall operate, let or cause to be let a rental dwelling unit which hasnot been properly registered by the city in the manner required by this Code. A

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registration permit must be obtained for each residential dwelling unit except, two or moreresidential dwelling units located within a single building and having a common ownerand a common property identification number shall require only a single permit uponreceipt of the properly executed initial application for a rental registration permit. Thebuilding official may cause an inspection to be made of the rental dwelling unit(s) todetermine whether it is in compliance with section 3-30, other sections of this Code or thelaws of the State of Minnesota. Every rental dwelling unit may be reinspected on aregular basis as determined by the city after a renewal application is filed to determine if itstill conforms to all applicable codes and laws.Application filed. A registration application shall be submitted to the building official onforms furnished by the city and must contain the following information:

Name, address, and telephone number of the owner of the rental dwelling unit(s).This is the address to which the city will send all future correspondence. Ownershall indicate if the owner is a corporation, partnership or sole proprietorship.Name, and address, and telephone number of any owner's agent responsible forthe management of the premises rental dwelling unit(s).Legal address of the premise rental dwelling unit(s).Number and type of dwelling units (one bedroom, two bedrooms, etc.).

Changes in ownership and amended permits. A registration permit is not assignable. Anychanges occurring in the ownership of a rental dwelling unit(s) require a new registrationpermit. The new owner must obtain a new registration permit within 30 days of acquiringthe property. The fee paid for the new registration permit shall be 25 percent of the feerequired for an initial registration permit. If any changes occur in any information requiredon the registration application, the owner must submit an amended registrationapplication to the city within 30 days of the change. If any rental dwelling units are addedto a current registration permit, the additional rental dwelling units must be registered byamendment of the current registration permit and must be accompanied by the feerequired for the additional units.Annual registration. All rental dwelling units shall be registered before being let, in wholeor in part. Registrations will expire annually at midnight on June 30 for single- and two-family rental dwellings and on December 31 for apartment buildings with three or moredwelling units. The registration permit for each building containing one- or two-familyrental dwelling units must be renewed annually on or before June 1 and apartmentbuildings containing three or more rental dwelling units must be renewed on or beforeDecember 1. Rental dwelling units must be registered as a sleeping room, a single-familydwelling, a two-family dwelling, or an apartment building. Any unregistered rental dwellingunits are subject to penalties.Registration fee. The registration fees required by this section are set forth in subsection14-2(10) of this Code. The fee must accompany the registration application. Theregistration fee is doubled when an application is received more than 30 days after it wasdue.Exception: Rental dwelling units owned or under the control of the city must be registeredbut are exempt from paying registration fees.Record retention. The registration application and all other documents pertinent to arental dwelling unit shall be kept on file in the office of the building official. A copy shall befurnished to the owner or other authorized person upon request.Point-of-conversion inspection. Whenever a dwelling unit is converted to rental usage, thedwelling unit shall be promptly inspected for compliance with the minimum standards setforth in section 3-30 of this Code. The fee for the "point-of-conversion" inspection

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required by the conversion of a dwelling unit to rental usage is set out in section 14-2(10)of this Code. Two hundred fifty dollars of the conversion fee shall be waived orreimbursed to the property owner if the owner or the owner's property managercompletes the Minnesota Multi-Housing Association's rental housing orientation programcalled "The Fundamentals of Rental Property Management in Minnesota" or anequivalent city approved program. To obtain the $250.00 fee waiver or reimbursementthe property owner or owner's agent must provide proof of attendance to a housingorientation program within the previous six months or subsequent six months of theproperty's conversion to rental and there have been no reports of disorderly behavior persubsection 3-31(i) of this Code against any properties owned by the same property ownerin the city within the previous 12 months of the waiver or reimbursement. An additional$250.00 of the conversion fee will be reimbursed to the property owner if no reports ofdisorderly behavior per subsection 3-31(i) are made against any properties owned by theproperty owner in the city within 18 months after the conversion to rental for the propertyagainst which the rental conversion fee was paid.

Issuance of permit. The city shall issue a registration permit if the rental dwelling unit(s) and theapplication are found to be in compliance with the provisions of this section subject tosubsection 3-31(i) of this Code and any required registration fees are paid. A registration permitwill be issued for each residential dwelling unit except, two or more residential dwelling unitslocated within a single building and having a common owner and a common propertyidentification number shall be issued a single registration permit. Rental registrations shall beconspicuously posted in all rental properties sharing a common entrance used by two or morerental dwelling units and the property owner or agent for the owner must be able to present theregistration permit if asked to do so.Authority. The city manager or the manager's authorized designees shall be responsible forenforcement and administration of this Code. Authority to take any action authorized under thissection may be delegated to the city manager's authorized designee.Inspection. The building official may set up a schedule of periodic inspections to insurecompliance with this section. The building official shall provide reasonable notice to the owner orthe owner's agent as to the date and time of the inspection. Each occupant of a rental dwellingunit shall give the owner or the owner's agent access to any part of such rental dwelling unit atreasonable times for the purpose of effecting inspection, maintenance, repairs or alterations asare necessary to comply with the provisions of this Code. If any owner, owner's agent or tenantof a rental dwelling unit fails or refuses to permit entry to the rental dwelling unit under his/hercontrol for an inspection pursuant to this section, the building official may seek a court orderauthorizing such inspection.Disorderly behavior at registered rental dwelling units.

Responsibility. It shall be the owner's responsibility to assure that the tenants, thetenants' family members and the guests of any tenant or tenant's family member notengage in disorderly behavior in the rental dwelling unit. For the purposes of this section,rental dwelling unit shall include common areas in the building where the rental dwellingunit is located.Disorderly behavior. For the purposes of this section, disorderly behavior may include butis not limited to the following:

Drug-related illegal activity in the rental dwelling unit. "Drug-related illegal activity"means the illegal possession, manufacture, sale, distribution, purchase, use, orpossession with intent to manufacture, sell, or distribute a controlled substance (asdefined in the Controlled Substance Act [ U.S.C. 802]) or possession of drugparaphernalia (MS 152.092). A tenant shall be deemed to be in possession of a

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controlled substance if any amount is located in the tenant's rental dwelling uniteven if the tenant claims not to know the controlled substance was present unlessthe tenant provides a sworn statement by a person, other than another tenant ortenant's family member, that the controlled substance was theirs and the tenanthad no knowledge of the controlled substance.Acts of violence or threats of violence including but not limited to discharge offirearms, prostitution, intimidation, or any other act that otherwise jeopardizes thehealth, safety or welfare of the owner, his agents or tenants.Violation of Minn. Stat. § 609.72 (Disorderly Conduct).Violation of Minn. Stat. 609.74 and 609.745 (Public Nuisance).Violation of Minn. Stat. 609.66, Subd. 1(a), 609.67 or 624.713 (Unlawful use orpossession of a firearm or weapon).Violation of Minn. Stat. 609.50 (Obstructing Legal Process).Violation of Minn. Stat. §§ 340A.503, Subd. 2(1) and Subd. 3; 340A.201, Subd.1(4); 340A.702(1) and (2); New Hope Code Sections 10-10 or 10-40 (Unlawfulsale of intoxicating liquor or 3.2 malt liquor).Violation of New Hope Code Section 9-42 (Regulation and abatement of prohibitednoise) relating to the rental unit.Exceptions:

Calls will not be counted for purposes of determining whether a registrationpermit will be denied, suspended, nonrenewed or revoked where the victimand suspect are "Family or household members" as defined in the DomesticAbuse Act, Minn. Stat. § 518B.01, Subd. 2(b) and where there is a report of"Domestic Abuse" as defined in the Domestic Abuse Act, Minn. Stat. §518B.01, Subd. 2(a).Calls will not be counted for purposes of determining whether a registrationpermit will be denied, suspended, nonrenewed or revoked where the call isa result of a tenant, a member of a tenant's household, or guest takingaction to seek emergency assistance that is protected by Minnesota StateStatute 504B.205, Residential tenant's right to seek police and emergencyassistance.

First instance. Upon determination by the city manager or the manager's designees that arental dwelling unit was the location of disorderly behavior, the building official shall notifyby first class mail the owner and tenant of the violation and direct the owner to take stepsto prevent further violations.Second instance. If a second instance of disorderly behavior occurs at a rental dwellingunit within 12 months of the time a notice was sent for previous disorderly behavior at thesame unit, the building official shall notify by first class mail the owner and the tenant ofthe violation and direct the owner to submit, within ten days of the date of the notice, awritten report of all actions taken by the owner since the first violation notice and actionsthe owner intends to take to prevent further disorderly behavior.Third instance. If a third instance of disorderly behavior occurs at a rental dwelling unitwithin 12 months after the first of two previous notices of disorderly behavior at the sameunit, the rental dwelling unit registration permit may be revoked, suspended or notrenewed by the city council upon the recommendation of the building official. The citymanager or the manager's designees shall make his/her decision to recommendrevocation, suspension or nonrenewal of the registration permit and submit his/herrecommendation to the city council within ten days of the third instance of disorderly

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behavior.For purposes of this section, second and third instances of disorderly behavior shall bethose which:

Occur at the same rental dwelling unit; orInvolve tenants at the same rental dwelling unit; orInvolve guests or invitees at the same rental dwelling unit; orInvolve guests or invitees of the same tenant; orInvolve the same tenant.

Postponing permit action. No adverse registration permit action shall be imposed wherethe instance of disorderly behavior occurred during pending eviction proceedings(unlawful detainer) or within 30 days of notice given by the owner to a tenant to vacatethe rental dwelling unit. However, adverse registration permit action may proceed whenthe owner fails to diligently pursue the eviction process. Further, an action to deny,revoke, suspend or not renew a registration permit based upon violations of this sectionmay be postponed or discontinued at any time if the owner has taken appropriatemeasures which will prevent further instances of disorderly behavior which may include afailed eviction process.Determining disorderly behavior of a registration permit. A determination that the rentaldwelling unit has been the location of disorderly behavior shall be made upon substantialevidence to support such a determination. It shall not be necessary that criminal chargesbe brought in order to support a determination of disorderly behavior, nor shall the fact ordismissal or acquittal of such a criminal charge operate as a bar to adverse registrationpermit action under this section.Enforcement. Enforcement actions provided in this section shall not be exclusive, and thecity council may take any action with respect to an owner, a tenant or the registeredrental dwelling unit(s) as is authorized by this section or state law.

Revoking, suspending, denying or not renewing a registration permit.The city council may revoke, suspend, deny or decline to renew any registration permitissued under this section. In buildings containing more than one rental dwelling unit, therevocation, suspension, denial or declination may apply to one or more rental dwellingunits at the discretion of the city council. The basis for such revocation, suspension,denial or nonrenewal includes, but are not limited to, any of the following circumstances:

The registration permit was procured by misrepresentation of material facts withregard to the rental dwelling unit or the ownership of the rental dwelling unit.The applicant or one acting in his/her behalf made oral or written misstatementsaccompanying the application.The applicant has failed to comply with any condition set forth in any other permitsgranted by the city.The activities of the owner/agent create or have created a danger to the publichealth, safety or welfare.The rental dwelling unit contains conditions that might injure or endanger thesafety, health or welfare of any member of the public.Failure to pay any application, per or reinstatement fee required by this sectionand city council resolution.Failure to correct violations of New Hope Code Section 3-30 (PropertyMaintenance Code) in the time period specified in the notice of violation andcorrection.

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Following the third instance of disorderly behavior specified in subection 3-31(i)that is not subject to the exception set forth in subdivision 2(g) of subsection 3-31(i) or the circumstances set forth in subdivision 7 of Section 3-31(i).Violation of any regulation or provision of the code applicable to the activity, towhich the registration permit has been granted, or any regulation or law of thestate so applicable.Failure to continuously comply with any condition required of the applicant for theapproval or maintenance of the registration permit.Any violation of this section.

Fines. In lieu of revoking or suspending a registration permit for violations of subsection3-31(j)(1) of this Code, the city council, in its sole discretion, may impose a civil fine.Fines shall primarily apply to the following violations of this Code and shall be in anamount as set out in the matrix following this section:

Renting a residential dwelling unit without proper registration as required herein.Failure to comply with a property maintenance correction order from the buildingofficial or his designee before a third property maintenance inspection isconducted in response to the property maintenance correction order.

Fine Matrix

1st Violation 2nd Violation Within 12 Months of 1stViolation

3rd Violation Within 12 Months of 1stViolation

$500.00 $1,000.00 $2,000.00

Notification. The building official shall notify the owner or the owner's agent in writing ofthe basis for the fine, revocation, suspension, denial or nonrenewal and the date uponwhich the city council shall review the request to fine, revoke, suspend, deny, or notrenew the registration permit. The notice required by this section shall be served upon theowner or the owner's agent at least 20 days before the city council hearing. Service shallbe deemed sufficient if the notice is sent to the owner or the owner's agent by first classmail at the address provided in the registration application. It shall be the responsibility ofthe owner or the owner's agent to notify the tenant in writing of the hearing date, time andplace.Hearing. The owner or the owner's agent and the building official shall be given anopportunity to be heard. The owner may be represented by counsel. Both sides may bepermitted to examine the other side's witness(es). The city council shall hear all relevantevidence and arguments and shall review all testimony, documents, and other evidencesubmitted. The city council shall record the hearing and keep a record of documentaryevidence submitted.Decision. The city council shall make findings based on the evidence and shall make adecision on the recommendation to fine, revoke, suspend, deny, or nonrenew aregistration permit based on the findings. The city council shall issue a written decisionregarding the recommendation of the building official within 30 days following the date ofthe hearing and shall notify the appellant of the decision by first class mail with aduplicate copy to the building official. The decision shall specify the rental dwelling unit orunits to which it applies. Thereafter, and until a registration permit is reissued orreinstated, no rental dwelling units that have had their rental registration permit revoked,suspended, denied, or nonrenewed may be re-let or occupied. Revocation, suspension,

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denial, or nonrenewal of a registration permit shall not excuse the owner from compliancewith all terms of this section for as long as any rental dwelling units in the building areoccupied. All fines are payable within 30 days of the council action imposing the fine.Failure to timely pay any fine imposed will result in a late fee equal to 25 percent of thefine and revocation or suspension of the registration permit to which the fine applies.Permit process after revocation, suspension, denial or renewal declination. After the citycouncil revokes, suspends, denies or declines to renew a registration permit, noregistration permit will be issued for the affected rental dwelling unit(s) until the buildingofficial determines that the applicant/owner has remedied the conditions identified by thecity council as the basis for its action. An application to obtain a registration permit for arental dwelling unit after the city council has revoked, suspended, denied or declined torenew a registration permit for the same rental dwelling unit(s) must be accompanied byall fees required by this section.

Effect of revocation, suspension, denial, or nonrenewal. If a registration permit is revoked,suspended, denied or not renewed by the city council, it shall be unlawful for the owner or theowner's agent to thereafter permit the occupancy of the then vacant or, thereafter vacated,rental dwelling unit(s), until such time as a valid rental registration permit is obtained for therental dwelling unit(s). Issuance of a new registration permit after revocation, suspension, denialor nonrenewal shall be made in the manner provided for in subsection 3-31(e).Posted to prevent occupancy. Whenever any rental dwelling unit has been denied an initialregistration permit, had its registration permit revoked, suspended, denied or not renewed, itshall be posted by the building official to prevent further occupancy. No person other than thebuilding official shall remove or alter any posting. The building official will post the date the rentaldwelling unit shall be vacated and no person shall reside in, occupy or cause to be occupied thatrental dwelling unit until the building official permits it.Penalties. A person who violates the provisions of section 3-31 may be charged with amisdemeanor. Each day that a violation continues shall be deemed a separate offense. Thebuilding official may post the rental dwelling unit by appropriate signs or notices prohibitingoccupancy and may act to cause the rental dwelling unit to be vacated or remain vacant until thecode violations are corrected.No retaliation. Per Minnesota State Statute Section 504B.205.2, subdivision 2 "Emergency callspermitted":

A landlord may not: (1) bar or limit a residential tenant's right to call for police oremergency assistance in response to domestic abuse or any other conduct; or (2) imposea penalty on a residential tenant for calling for police or emergency assistance inresponse to domestic abuse or any other conduct.A residential tenant may not waive and a landlord may not require the residential tenantto waive the residential tenant's right to call for police or emergency assistance.

No warranty by city. By enacting and undertaking to enforce this Code, the city, city council, itsagents, and/or employees do not warrant or guaranty the safety, fitness or suitability of anydwelling in the city. Owners and occupants should take whatever steps they deem appropriateto protect their interests, health, safety and welfare.Best practices program.

Program established. Rental properties with three or more units can qualify for the "BestPractices" program. Properties in compliance with the program requirements will receivea reduction in the annual rental registration permit fee as set out in subsection 14-2(10) ofthis Code. The "Best Practices" registration fee shall remain in effect as long as the "BestPractices" program requirements are maintained for the property as determined by the

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city.Program requirements. The "Best Practices" program qualification requirements are asfollows:

Use of a city approved crime free housing addendum or equivalent in all newand/or renewed leases;All new and/or renewed leases must include a provision to permit city inspection ofindividual rental units per the city determined inspection schedule;Use of a background check procedure that includes a criminal history check for allnew tenants/rental managers/employees;Continuing verification every three years that the property manager has attendedat least one city approved crime free multi-housing training program during thethree-year verification cycle. It shall be the property manager's or owner'saffirmative responsibility to provide the city with the property manager's verificationof this requirement;Attendance by the property manager each year at one New Hope PropertyManager Association meeting;During every inspection cycle, the property must fully comply with all propertymaintenance standards required by section 3-30 of this Code at the time of the firstreinspection if needed.

Application. Property managers or owners must apply for the "Best Practices" program bysubmitting an application on forms provided by the city and all other city requireddocumentation needed to determine compliance with all program requirements.Program disqualification. The city may terminate a property from the "Best Practices"program if it determines, in the city's sole discretion, that the property has failed to complywith the requirements of subsection (2) of this section or has had a rental registrationpermit revoked per subsection 3-31(j) of this Code. A rental property disqualified from the"Best Practices" program shall pay the non-participant registration permit fee to obtain thefollowing year's registration permit.Reapplication procedure. If a property loses its "Best Practices" program status, theproperty owner may reapply for the program only after successfully passing theinspection during the following inspection cycle and re-submitting an application persubsection (3) of this section.

(Ord. No. 06-04, § 1, 5-22-2006; Ord. No. 06-10, §§ 1, 2, 10-23-2006; Ord. No. 08-09, §§ 1, 2, 11-24-2008;Ord. No. 10-04, § 1, 4-12-2010)

Sec. 3-32. Certificate of property maintenance required.

Sale of property.No person shall sell, purchase, give or transact a change in title or property ownership ofany class of property with one or more buildings or structures without first obtaining acertificate of property maintenance from the city.A certificate of property maintenance is not required when a certificate of occupancy isrequired for new construction.

Application.Required. The owner or owner's representative is required to make application for acertificate of property maintenance before any property is offered for sale, gifted,transferred, conveyed by contract for deed or other transaction changing the partyresponsible for the property.

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Fee. At the time of application, the applicant for a certificate of property maintenancemust pay the property maintenance inspection fee appropriate for the type of building therequest is for as set out in subsection 14-2(11) of this Code.

Inspection.Application. The applicant for a certificate of property maintenance is responsible forrequesting an inspection of the property after making application and payment of fees. Aninspection shall be made by the city to determine whether the property use is legal inaccordance with city zoning requirements and the property complies with all applicablebuilding, fire, health and property maintenance codes. The entire property and allbuildings on the property shall be made available for inspection.Special inspection. The applicant is responsible to have a Minnesota bonded mechanicalcontractor inspect and test all central heating appliances which are over 20 years of agewhen the input of such appliances is not more than 400,000 Btu per hour. The tests shallverify safe operation, including, but not limited to, integrity of the heat exchanger,operating controls and venting. The mechanical contractor conducting such inspectionand tests shall submit a written verification of the inspection results to the city and theapplicant within three days after completing the inspection.

Compliance; expiration.When the property use is legal in accordance with city zoning requirements and theproperty complies with all applicable building, fire, health and property maintenancecodes, a certificate of property maintenance will be issued by the city.A certificate of property maintenance is valid to be used for the transfer of property for aperiod of one year from the date of permit issuance. The certificate of propertymaintenance may only be used for property transfer by the owner named on thecertificate of property maintenance or the owner's legal representative.

Temporary certificate of property maintenance. A temporary certificate of property maintenancemay be issued by the city permitting the transfer of property, providing:

No safety or hazardous conditions exist on such property.An agreement by the buyer, seller or other responsible person has been executed withthe city, whereby the buyer, seller or other responsible person agrees to completecorrections to the property.A financial guarantee in the form of a cash escrow to ensure completion of anycorrections to the property is posted with the lender, or with the city when a lendinginstitution is not involved in the transaction. The cash escrow shall be in an amount atleast equal to the retail value of the work necessary for compliance with this section. Theescrow must be fully maintained until a certificate of property maintenance is issued.

Violations. Any and all violations of this section must be corrected in a timely manner asdetermined by the city.

(Ord. No. 05-15, § 2, 10-24-2005; Ord. No. 06-08, § 1, 12-11-2006)

Sec. 3-33. Business use certificate of occupancy.

Purpose and authority. The purpose of the business use certificate of occupancy procedure is toprovide an administrative review process to ensure compliance with chapters 3 and 4 of thisCode prior to the establishment or change of any business within the city. The city manager, orhis or her designee, shall consider and render decisions on all applications for business usecertificates of occupancy.Business use certificate of occupancy required. No person, firm, corporation or other entity shallconduct any business, including but not limited to non-profit institutions, private schools and

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churches, within the city without having first obtained a valid business use certificate ofoccupancy from the city. Said business use certificate of occupancy shall not be required forbusinesses operated pursuant to home occupation permits. All business use certificates ofoccupancy shall be prominently displayed on the premises at all times during business hours.Responsibility. Both the property owner and the lessee shall be responsible for securing thebusiness use certificate of occupancy required by this section.Application and information. The applicant shall provide the following information to determinecompliance with this section:

Site address.Present use.Proposed use.Size of use(s).Site plan - if necessary.

Registration fee. The fee required by this section is set forth in subsection 14-2(13) of this Code.The fee must accompany the registration application. The application must be submitted prior toany occupancy of a building by the applicant. For purposes of this section occupancy shall alsoinclude any pre-opening preparation of the building. The fee is doubled when an application isreceived more than 30 days after it is due.Inspection and issuance of certificates. Upon receipt of a business use certificate of occupancyapplication and fee, the city manager, or any designee thereof, shall cause an inspection of thepremises to be made and, upon his or her determination that the subject premises complies withall requirements of the City Code, shall issue a business use certificate of occupancy. Pursuantto such inspection, the city manager, or any designee thereof, shall advise the applicant of anycorrections necessary for compliance. Upon the completion of all required corrections, theapplicant shall be issued a business use certificate of occupancy.Certificates nontransferable. No certificate issued pursuant to this section shall be transferableor assignable to any person, firm, corporation or other entity. Any change in tenant or occupantof premises, change in proprietor or owner of a business or material change in the business useof the premises by the same owner or occupant of the premises shall constitute a change forwhich a new business use certificate of occupancy shall be required. Any change in businesslocation or change of the person or entity from that which is shown on the issued business usecertificate of occupancy shall require a new certificate to be obtained.Denial, suspension, revocation. The city manager, or any designee thereof, shall have thepower to deny, suspend or revoke a business use certificate of occupancy upon the groundsthat the business does not comply with the requirements of chapters 3 or 4 of this Code. Theexercise of such power shall be subject to the affected applicant or certificate holder havingbeen given notice of said action per section 1-4 of this Code. The notice shall include thereasons upon which the action is based, a copy of the charges upon which such action is basedand opportunity to appeal said action as provided herein. The decision of the city manager shallbecome final 15 days following the date of the decision unless an appeal to the city council isfiled as herein provided.Appeal procedure. For appeals procedure, see section 1-4 of this Code.Enforcement. The provisions of this chapter are nonexclusive and supplementary to existingrights and remedies. Nothing set forth herein shall prevent the city from commencing anyappropriate action with respect to enforcement of this Code. This section shall supplement andbe in addition to other regulatory codes, statutes and ordinances heretofore or hereafter enactedby the city, state or any other legal entity or agency having jurisdiction.

(Ord. No. 07-12, § 1, 11-13-2007)

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Sec. 3-34. Vacant buildings.

Purpose. The purpose of this section, pursuant to the authority of Minn. Stat. § 463.251, is toregulate vacant and hazardous dwellings and buildings in order to enhance the livability andpreserve the tax base and property values of buildings within the city by assuring that vacantbuildings that are capable of rehabilitation are adequately secured to prevent further dilapidationand those buildings that are not capable of rehabilitation are promptly demolished.Findings. The city council finds, determines and declares that buildings which remain vacant andunoccupied for an unreasonable period of time become an attractive nuisance to children, aharborage for rodents, an invitation to derelicts, vagrants and criminals as a temporary abodeand an increased fire hazard; that the owners of such buildings may permit the buildings tobecome dilapidated since the buildings are often economically obsolete and the owners of suchbuildings are unwilling to expend the necessary funds to secure the buildings; that suchbuildings contribute to the growth of blight within the city, depress market values of surroundingproperties, require additional government services, constitute an unreasonable use andcondition to the annoyance, discomfort and repose of a considerable number of the public, andthus may constitute a nuisance condition. Adequate protection of the public health, safety andwelfare, therefore, requires the establishment and enforcement of the means by which suchnuisance conditions may be abated.Securing vacant buildings.

Notice and order. In general, if any building becomes vacant or unoccupied and isdeemed hazardous due to the fact that the building is open to trespass and has not beensecured and the building could be made safe by securing the building, the city manageror the building official or their designated representatives may order the building securedand shall cause notice of the order to be served upon the owner of the premises or theowner's agent, the taxpayer identified in the property tax records for the parcel, the holderof the mortgage or sheriff's certificate and any neighborhood association for theneighborhood in which the building is located that has requested notice. Such notice maybe served personally or by mail. Service by mail is completed upon mailing a copy of theorder to the parties designated herein, by first-class mail, at their last known address.Securing building by city; lien. If the owner fails to comply with or provide a reasonableplan and schedule to comply with the order within six days after the order is served, thebuilding shall be boarded up or otherwise properly secured. Whenever a building isboarded up pursuant to the authority of this section, all openings to the building shall beboarded and secured. In securing the building, any reasonable action may be taken toinsure that the gas, electric and water utilities serving the building are in an appropriatecondition so as not to contribute any further damages to the property during the periodthat the building remains vacant and unoccupied.Emergencies. When it is determined by the city manager or the city manager's designeethat an emergency exists with respect to the health or safety of persons in thecommunity, and an immediate boarding and securing of a building is required, and wheredanger will exist to children, transients or others or the building itself in the absence of animmediate boarding or securing of the building, the city manager or the city manager'sdesignee may waive all requirements herein and immediately cause the building to beboarded or otherwise secured, provided that:

The conditions showing the existence of an emergency are documented by the citymanager or the city manager's designee; andNotice is mailed immediately by the city manager or the city manager's designeeinvoking this section to the last known address of the owner of the premises or theowner's agent, the taxpayer identified in the property tax records for the parcel, the

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holder of the mortgage or sheriff's certificate and any neighborhood association forthe neighborhood in which the building is located that has requested notice, of thedate of the boarding or otherwise securing of the property and the reasonstherefore.

Resecuring building. After a vacant or unoccupied building has been boarded or otherwisesecured under this section, should the owner fail to maintain the building in a secured conditionuntil such time as it has been repaired and occupied, the city shall resecure any openings intothe building whenever it becomes open to trespass, without further notice to owner of thepremises or the owner's agent, the taxpayer identified in the property tax records for the parcel,the holder of the mortgage or sheriff's certificate and any neighborhood association.Collection of costs. All costs incurred by the city for boarding or otherwise securing a buildingunder this section, including, but not limited to the actual costs for boarding, inspecting, posting,administration and monitoring the building shall be the responsibility of the owner. Payment ofthe costs incurred by the city shall be due within 30 days of such notification. Upon default ofpayment after the 30-day notification period, the costs shall be levied and collected as a specialassessment against the property pursuant to the authority of Minn. Stat. § 463.21.

(Ord. No. 2009-02, § 1, 3-23-2009)

Secs. 3-35—3-39. Reserved.Editor's note—

Ord. No. 06-04, § 2, adopted May 22, 2006, deleted in its entirety § 3-34, which pertained toregistration of rental dwellings and derived from Code 081169; Ord. No. 77-15; Ord. No. 79-16;Ord. No. 79-18; Ord. No. 82-6; Ord. No. 2001-07; Ord. No. 05-15, § 3, adopted Oct. 24, 2005.

Editor's note—

Ord. No. 05-15, § 4, adopted Oct. 24, 2005, deleted §§ 3-35—3-38, which pertained to minimumstandards (3-35) and derived from Ord. No. 77-15; Ord. No. 80-6; Ord. No. 2001-07; Occupancystandards (3-36) and derived from Ord. No. 77-15; Code 072684; Inspection and enforcement(3-37) and derived from Ord. No. 77-15; Ord. No. 79-17; Code 072684; Ord. No. 88-6; Ord. No.90-3; Ord. No. 94-21; Ord. No. 2001-07; Appeals, penalties and sanctions (3-38) and derivedfrom Ord. No. 77-15; Ord. No. 2001-07.

Sec. 3-40. Reserved.Editor's note—

Ord. No. 08-03, § 1, adopted May 27, 2008, repealed § 3-40, which pertained to sign code and derivedfrom Code 5-14-2001; Ord. No. 98-3; Ord. No. 99-04; Ord. No. 99-06; Ord. No. 2001-10; Ord.No. 04-04, §§ 1, 2, adopted Feb. 9, 2004; Ord. No. 04-06, §§ 1—3, adopted May 10, 2004; Ord.No. 04-09, §§ 1, 2, adopted July 26, 2004; Ord. No. 05-05, §§ 1—8, adopted May 28, 2005; Ord.No. 06-05, §§ 1—16, adopted Aug. 28, 2006; Ord. No. 07-10, §§ 5, 6, adopted Sept. 24, 2007.

Sec. 3-50. Sign code.

Preamble. The city council finds that a lack of a comprehensive, constitutionally sound sign coderegulating signs in the City of New Hope constitutes an emergency threatening public heath,safety and welfare. Among the city's concerns are:

Signs could be erected without regard to the manner in which the size, number, orlocation of the signs interferes with traffic sight lines, endangering or distracting drivers

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and pedestrians alike, thereby causing traffic hazards.Signs could be constructed in a manner or of materials that are structurally unsound andvulnerable to collapse, endangering persons or property in the vicinity of the signs. Thefollowing code is adopted as section 3-50 of the New Hope City Code.

Findings, title, purpose, intent and effect.Findings. The city council hereby finds as follows:

Exterior signs have substantial impact on the character and quality of theenvironment.Signs provide an important medium through which individuals may convey avariety of messages.Signs can create traffic hazards, aesthetic concerns and detriments to propertyvalues, thereby threatening the public health, safety and welfare.The city's zoning regulations have included the regulation of signs in an effort toprovide adequate means of expression and to promote the economic viability ofthe business community, while protecting the city and its citizens from aproliferation of signs of a type, size, location and character that would adverselyimpact upon the aesthetics of the community and threaten the health, safety andwelfare of the community. The regulation of the physical characteristics of signswithin the city has had a positive impact on traffic safety and the appearance of thecommunity.

Code. Sections 3-50 through 3-50(n) shall be known, cited and referred to as the "NewHope Sign Code" except as referred to herein, where it shall be known as the "signcode."Purpose and intent. It is not the purpose or intent of this sign code to regulate themessage displayed on any sign; nor is it the purpose or intent of this Code to regulateany building design or any display not defined as a sign, or any sign which cannot beviewed from outside a building. The purpose and intent of this Code is to:

Regulate the number, location, size, type, illumination and other physicalcharacteristics of signs within the city in order to promote the public heath, safetyand welfare.Maintain, enhance and improve the aesthetic environment of the city by preventingvisual clutter that is harmful to the appearance of the community.Improve the visual appearance of the city while providing for effective means ofcommunication, consistent with constitutional guarantees and the city's goals ofpublic safety and aesthetics.Provide for fair and consistent enforcement of the sign regulations set forth hereinunder the zoning authority of the city.

Effect. A sign may be erected, mounted, displayed or maintained in the city if it is inconformance with the provisions of this Code. The effect of this Code, as morespecifically set forth herein, is to:

Allow a wide variety of sign types in commercial zones, and a more limited varietyof signs in other zones, subject to the standards set forth in this sign code.Allow certain small, unobtrusive signs incidental to the principal use of a site in allzones when in compliance with the requirements of this sign code.Prohibit signs whose location, size, type, illumination or other physicalcharacteristics negatively affect the environment and where the communicationcan be accomplished by means having a lesser impact on the environment andthe public health, safety and welfare.

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Provide for the enforcement of the provisions of this sign code.Severability. If any section, subsection, sentence, clause, or phrase of this sign code is for anyreason held to be invalid, such invalidity shall not affect the validity or enforceability of theremaining portions of this sign code. The city council hereby declares that it would have adoptedthe sign code in each section, subsection, sentence, or phrase thereof, irrespective of the factthat any one or more sections, subsections, sentences, clauses, or phrases be declared invalid.Rules and definitions.

Rules. The language set forth in the text of this sign code shall be interpreted inaccordance with the rules of construction prescribed in chapter 1 except for the followingprovisions:Definitions.

Abandoned sign means any sign and/or its supporting sign structure which remains without amessage or whose display surface remains blank for a period of one year or more, or any sign whichpertains to a time, event or purpose which no longer applies, shall be deemed to have beenabandoned. Signs applicable to a business temporarily suspended because of a change in ownershipor management of such business shall not be deemed abandoned unless the property remains vacantfor a period of one year or more. Any sign remaining after demolition of a principal structure shall bedeemed abandoned. Signs which are present because of being legally established nonconformingsigns or signs which have required a conditional use permit or a variance may also be subject to thedefinition of abandoned sign.

Awning means a roof-like cover, often of fabric, plastic, metal or glass, designed and intendedfor protection from weather or as a decorative embellishment, and which projects from a wall or roof ofa structure primarily over a window, walk or the like. Any part of an awning which projects over a doorshall be counted as an awning.

Awning sign means a building sign or graphic printed on or in some fashion attached directly tothe awning material.

Balloon sign means a sign consisting of a bag made of lightweight material supported by helium,hot or pressurized air which is greater than 24 inches in diameter.

Banner means attention getting devices which resemble flags and are of a paper, cloth, plastic,or plastic-like consistency.

Bench sign means any sign located on the back of a courtesy bus bench placed on or adjacentto a public right-of-way.

Billboard means any off premise sign having an area of more than 300 square feet.

Building sign means any sign attached or supported by any building.

Cabinet sign means any wall sign that is not channel or individually mounted letter construction.

Canopy means a roof-like cover, often of fabric, plastic, metal, or glass on a support, whichprovides shelter over a doorway.

Canopy sign means any sign that is a part of or attached to a canopy made of fabric, plastic, orstructural protective cover over a door or entrance. A canopy sign is not a marquee and is differentfrom service area canopy signs.

Changeable copy sign, manual means a sign or portion thereof that has a reader board for the

display of text information in which each alphanumeric character, graphic or symbol is defined byobjects not consisting of an illumination device and may be changed or rearranged manually ormechanically with characters, illustrations, letters or numbers that can be changed or rearrangedwithout altering the face or surface of the sign structure.

Changeable copy sign, electronic means a sign or portion thereof that displays electronic,nonpictorial text information in which each alphanumeric character, graphic, or symbol is defined by asmall number of matrix elements using different combinations of light emitting diodes (LEDs), fiberoptics, light bulbs or other illumination devices within the display area. Electronic changeable copysigns include computer programmable, microprocessor controlled electronic displays. Electronicchangeable copy signs include projected images or messages with these characteristics onto buildingsor objects. Electronic changeable copy signs do not include official signs.

Changeable copy sign, graphic means a sign or portion thereof that displays electronic, staticimages, static graphics or static pictures, with or without text information, defined by a small number ofmatrix elements using different combinations of light emitting diodes (LEDs), fiber optics, light bulbs orother illumination devices within the display area where the message change sequence isaccomplished immediately or by means of fade, re-pixalization or dissolve modes. Electronic graphicdisplay signs include computer programmable, microprocessor controlled electronic or digital displays.Electronic graphic display signs include projected images or messages with these characteristics ontobuildings or other objects.

Commercial speech means a speech advertising a business, profession, commodity, service orentertainment.

Elevation means the view of the side, front, or rear of a given structure(s).

Elevation area means the area of all walls that face any lot line.

Erect means the activity of constructing, building, raising, assembling, placing, affixing,attaching, creating, painting, drawing or any other way of bringing into being or establishing.

Flag means any fabric or similar lightweight material attached at one end of the material, usuallyto a staff or pole, so as to allow movement of the material by atmospheric changes and which containsdistinctive colors, patterns, symbols, emblems, insignia, or other symbolic devices.

Flashing sign means a directly or indirectly illuminated sign which exhibits changing light or coloreffect by any means, so as to provide intermittent illumination which includes the illusion of intermittentflashing light by means of animation or mode of lighting which resembles zooming, twinkling orsparkling.

Freestanding sign means any sign which has supporting framework that is placed on, oranchored in, the ground and which is independent from any building or other structure.

Grade means the grade shall be construed to be the final ground elevation after construction.Earth mounding criteria for landscaping and screening is not part of final grade for sign heightcomputation.

Height of sign means the height of sign shall be computed as the vertical distance measuredfrom the base of the sign at grade to the top of the highest attached component of the sign.

Illuminated sign means any sign which contains an element designed to emanate artificial lightinternally or externally.

Legally established nonconforming sign means any sign and its support structure lawfullyerected prior to the effective date of this Code which fails to conform to the requirement of this Code. Asign which was erected in accordance with a variance granted prior to the adoption of this Code shallbe deemed to be a legal conforming sign. A sign which was unlawfully erected shall be deemed to bean illegal sign.

Light projection sign means signs that project an image or message via light onto a surface of abuilding or structure.

Marquee means any permanent roof-like structure projecting beyond a theatre building orextending along and projecting beyond the wall of that building, generally designed and constructed toprovide protection from the weather.

Marquee sign means any building sign painted, mounted, constructed or attached in anymanner on a marquee.

Monument sign means any freestanding sign with its sign face mounted on the ground ormounted on a base at least as wide as the sign and which has a height exceeding eight feet.

Multiple tenant site means any site which has more than one tenant, and each tenant has aseparate ground level exterior public entrance.

Multi-vision sign means any sign composed in whole or part of a series of vertical or horizontalslats or cylinders that are capable of being rotated at intervals so that partial rotation of the group ofslats or cylinders produces a different image and, when properly functioning, allows on a single signstructure the display at any given time one of two or more images.

Noncommercial speech means a dissemination of messages not classified as commercialspeech which include, but are not limited to, messages concerning political, religious, social,ideological, public service and informational topics.

Official sign means signs of a public noncommercial nature, including public notification signs,safety signs, traffic signs, and direction to public facilities signs when erected by or on behalf of a publicofficial or employee in the performance of official duty.

Off-premise sign means a commercial speech sign which directs the attention of the public to abusiness, activity conducted, or product sold or offered at a location not on the same lot where sign islocated. For purpose of this sign code, easements and other appurtenances shall be considered to beoutside such lot and any sign located or proposed to be located in an easement or other appurtenanceshall be considered an off-premise sign.

On-premise sign means a sign that directs attention to an establishment, person, activity, goods,products or services located on the premises where the sign is installed.

Owner means in the case of a lot, the legal owner of the lot as officially recorded by HennepinCounty, and including fee owners, contract for deed purchasers and ground lessees. In the case of asign, the owner of the sign including any lessees.

Pennant sign means attention getting devices which resemble flags and are of a paper, cloth,plastic, or plastic-like consistency.

Pole sign means any freestanding sign which has its supportive structure(s) anchored in theground and which has a sign face elevated above ground level by pole(s) or beam(s) and with the area

below the sign face open.

Portable sign means any sign which is manifestly designed to be transported, including by traileror on its own wheels, even though the wheels of such sign may be removed and the remaining chassisor support is converted to another sign, or attached temporarily or permanently to the ground sign. Thischaracteristic is based on the design of such a sign.

Projecting sign means any sign which is affixed to a building or wall in such a manner that itsleading edge extends more than two feet beyond the surface of such building or wall face.

Public notices means official notice posted by public officers, employees or their agents in theperformance of their duties, or as directed by such officers, employees or agents.

Public street right-of-way means the entire right-of-way of any public street.

Pylon sign means any freestanding sign which has its supportive structure(s) anchored in theground and which has a sign face elevated above ground level by pole(s) or beam(s) and with the areabelow the sign face open.

Residential district means any district zoned for residential uses.

Roof means the exterior surface and its supporting structure on the top of a building or structure.The structural makeup of which conforms to the roof structures, roof construction and roof coveringsections of the International Building Code.

Roof line means the upper most edge of the roof or in the case of an extended facade orparapet, the upper most height of said facade.

Roof sign means any sign erected and constructed wholly on and above the roof of a building,supported by the roof structure, and extending vertically above the highest portion of the roof.

Roof sign, integral means any building sign erected or constructed as an integral or essentiallyintegral part of a normal roof structure of any design, so that no part of the sign extends verticallyabove the highest portion of the roof and so that no part of the sign is separated from the rest of theroof by a space of more than six inches.

Rotating sign means a sign or portion of a sign which in any physical part or in total turns abouton an axis, rotates, revolves or is otherwise in motion, including without limitation a multi-vision sign.

Shimmering sign means a sign which reflects an oscillating or distorted visual image.

Sign area means the area within the marginal lines created by the sign face which bears theadvertisement or, in the case of messages, figures or symbols attached directly to the part of thebuilding, which is included in the smallest geometric figure which can be made to circumscribe themessage, figure or symbol displayed thereon.

Sign face means the surface of the sign upon, against, or through which the message of thesign is exhibited.

Sign structure means any structure including the supports, uprights, bracing, and frameworkwhich supports or is capable of supporting any sign.

Site means a lot or combination of contiguous lots which are intended, designated and/orapproved to function as an integrated unit.

(e)

(1)

(2)

(3)a.b.c.

d.e.

Stringer means a line of string, rope, cording or an equivalent to which is attached a number ofpennants.

Suspended sign means any building sign that is suspended from the underside of a horizontalplane surface sign and is connected to this surface.

Temporary sign means a sign erected for an event occurring for a period of time not exceedingten calendar days.

Total site signage means the maximum permitted combined area of all signs allowed on aspecific property.

Video display sign means a sign that changes its message or background in a manner ormethod of display characterized by motion or pictorial imagery, which may or may not include text anddepicts action or a special effect to imitate movement, the presentation of pictorials or graphicsdisplayed in a progression of frames that gives the illusion of motion, including, but not limited to theillusion of moving objects, moving patterns or bands of light, or expanding or contracting shapes, notincluding electronic changeable copy signs. Video display signs include projected images or messageswith these characteristics onto buildings or other objects.

Visible means capable of being seen by a person of normal visual acuity (whether legible or not)without a visual aid.

Wall means any structure which defines the exterior boundaries or courts of a building orstructure and which has a slope of 60 degrees or greater with the horizontal plane.

Wall sign means any building sign attached parallel to but within two feet of a wall painted on thewall surface of or erected and confined within the limits of an outside wall of any building or structurewhich is supported by such wall or building and which displays only one sign surface.

Window sign means any building sign, pictures, symbol, or combination thereof designed tocommunicate information about an activity, business, commodity, event, sale, or service that is placedinside a window or upon the window panes or glass and is visible from the exterior of the window.

The definitions set forth in this subsection 3-50(d)(2) are in addition to the definitions set forth inchapter 4-2 of the New Hope City Code which shall apply to this section 3-50 except that in the eventof a conflict between the Sections, the definitions in this section shall apply.

Permit required. No sign shall be erected, altered, improved, reconstructed, maintained ormoved in the city without first securing a permit from the city:

The content of the message or speech displayed on the sign shall not be reviewed orconsidered in determining whether to approve or deny a sign permit.Application for an administrative permit shall be filed by the property owner or designatedagent with the city, on forms to be provided by the city.Application for a permit shall contain the following information unless waived by the city:

Names and addresses of the applicant owners of the sign and lot.Address at which any signs are to be erected.Lot, block and addition at which the signs are to be erected and the street onwhich they are to front.Type and size of sign (e.g., wall sign, pylon sign).A site plan to scale showing the location of lot lines, building structures, parking

f.g.

h.

i.

j.k.

l.

(4)

(5)

(6)

(7)

(8)

(f)

(1)

(2)

(3)

(4)

areas, existing and proposed signs and any other physical features.Inventory of existing on-site signage (size, height, location).Plans, location and specifications and method of construction and attachment tothe buildings or placement method of the ground.Copy of stress sheets and calculations showing that the structure is designed fordead load and wind pressure in any direction in the amount required by this and allother laws and codes of the city.Written consent of the owner or lessee of any site on which the sign is to beerected.Any electrical permit required and issued for the sign.A detailed description of any electronic or electrical components that are proposedto be added to the sign.Other information to demonstrate compliance with this and all other codes of thecity.

The sign permit application shall be accompanied by a fee. Fees for the review andprocessing of sign permit applications shall be imposed in accordance with the feeschedule established by chapter 14 of the City Code. The fee for comprehensive signplan review shall be identical to site and building plan review.The city shall notify the applicant, in writing, of an incomplete application within 15 days ofthe date of submission.The city shall review the application and related materials and shall determine whetherthe proposal is in compliance with all applicable evaluation criteria, codes and applicableperformance standards set forth in this Code within 60 days of submission of a completeapplication. If the work authorized under a permit has not been completed within 60 daysafter the date of issuance, the permit shall be null and void.No permit or renewal shall be approved or issued unless the sign and all other signs onthe premises of the applicant are in compliance with the regulations of the New HopeSign Code section 3-50 et. al.All signs, including electrical wiring, supporting structure, guy wires or chains, shall beproperly maintained and kept in safe condition. A sign or sign structure which isdeteriorated, unsafe, defaced or otherwise altered shall be repaired, repainted orreplaced by the permit holder or property owner on which the sign is located.

Permit not required. The following signs shall not require a permit and are allowed in addition tothose signs allowed by subsection 3-50(k) of this Code. These exemptions however shall not beconstrued as relieving the owner of the sign from the responsibility of its erection andmaintenance and its compliance with the provisions of this Code or any other law or coderegulating the same.

The changing of the display surface on an existing painted or poster display sign only.This exemption however shall apply only to poster replacement and/or on site changesinvolving sign painting elsewhere than directly on a building.Temporary signs six square feet or less in size, not to exceed three feet in height, only inresidential zoning districts. Said temporary sign shall not be erected for more than tencalendar days.All noncommercial speech signs of any size posted in any number from 46 days beforethe state primary in a state general election year until ten days following the generalelection, and 13 weeks prior to any special election until ten days following the specialelection.Official signs.

(5)

(6)

a.

b.

(g)(1)

(2)(3)(4)(5)(6)(7)

(8)(9)

(10)(11)(12)

(h)

(1)

(2)

(3)

(i)

Flags or emblems of a national, federal or state government or memorial signs thereof,displayed on private property.One on-premise temporary sign shall be allowed per street frontage when a building isoffered for sale or lease, provided that:

Within the R (residential) districts, no sign shall exceed 12 square feet in area andsix feet in height for single-family, two-family, townhouse, and quadraminium units;or 32 square feet in area or eight feet in height for multi-family or institutional uses.Within all other zoning districts and in those cases where a parcel of land exceedsten acres, regardless of its zoning, no sign shall exceed 64 square feet in area orten feet in height.

Prohibited signs. The following signs are prohibited:Any sign, signal, marking or device which purports to be or is an imitation of or resemblesany official traffic control device or railroad sign or signal, or emergency vehicle signs, orwhich attempts to direct the movement of traffic or which hides from view or interfereswith the effectiveness of any official traffic-control device or any railroad sign or signal.All signs over 300 square feet in area.All off-premise signs greater than six square feet in area.Changeable copy signs, except as specifically allowed by subsection 3-50(k).Content classified as "obscene" as defined by Minn. Stat. § 617.241.Flashing, rotating, moving, shimmering or animated signs.Portable signs, banners, pennants, ribbons, streamers, strings of light bulbs, spinners orsimilar devices except as allowed by subsections 3-50(j)(8) and 3-50(k).Roof signs.Signs painted, attached or in any other manner affixed to trees or similar natural surfaces,or attached to fences, utility poles, bridges, towers, or other public structures.Video display signs.Signs painted directly onto a building wall surface.Light projection signs.

Violations. Any person who violates, disobeys, omits, neglects or refuses to comply with, orresists the enforcement of any of the provisions of this chapter shall, upon conviction thereof, bea petty misdemeanor, punishable by a maximum fine of $300.00. Persons violating this sectionmay be fined in addition to other penalties for code violations allowed by this Code. Any signviolation of this section n may be subject to immediate removal by the city, at the expense of theowner, without notice to the property owner or owner of the sign, if different than the propertyowner. Each day that the violation continues is a separate offense.

This chapter shall be administered and enforced by the building official. The buildingofficial may institute in the name of the city appropriate actions or proceedings against aviolator.Inspection. All signs for which a permit is required shall be subject to inspection by thebuilding official.The city reserves the right to require the removal at the owner's expense of any signwhen the requirements of this section are not completely followed and adhered to, or if asign is not properly maintained or falls into a state of disrepair. The city shall not have anyobligation or liability to replace any sign when removed by the city.

Substitution. The owner of any sign which is otherwise allowed by this sign code may substitutenoncommercial copy in lieu of any other commercial or noncommercial copy. This substitution ofcopy may be made without any additional approval or permitting. The purpose of this provision

(j)(1)

(2)

a.

b.

(3)

(4)

(5)

(6)

(7)

(8)a.

is to prevent any inadvertent favoring of commercial speech over noncommercial speech, orfavoring of any particular non-commercial message over any other non-commercial message.This provision prevails over any more specific provision to the contrary.General regulations.

All permanent freestanding signs requiring a permit shall be set back ten feet from anyproperty line. No permanent freestanding sign may be placed in the traffic triangle of anycorner lot. The traffic triangle is defined as the corner formed by the intersection of twostreets or the rights-of-way of a railway intersecting a street. The 20 feet shall be in theform of an isosceles triangle with the two equal 20-foot sides formed by and measuredalong the property lines and the third side formed by a straight line connecting thecorners of each 20-foot point as measured along the property line.Setbacks for temporary freestanding signs in residential zoning districts not requiring apermit:

Temporary freestanding signs as described in subsection 3-50(f)(2) of this Codeshall be set back a minimum of two feet from the back of the curb. If a sidewalk ispresent at the sign location and the sign's placement in the two-foot setback wouldimpede or interfere with the use of the sidewalk, the sign must be setback behindthe sidewalk.All other temporary freestanding signs described in subsection 3-50(f) of this Codeshall be setback a minimum of ten feet from the curb. If a sidewalk is present atthe sign location and the sign's placement in the ten-foot setback would impede orinterfere with the use of the sidewalk, the sign must be setback behind thesidewalk. Not withstanding the setbacks permitted by subsection 3-50(j)(2), oncorner lots, any temporary freestanding signs described in subsection 3-50(f)exceeding three feet in height shall not be permitted within 20 feet of any cornerformed by the intersection of two streets or the rights-of-way of a railwayintersecting a street. The 20 feet shall be from the back of the curb of theintersecting streets or railway right-of-way and the third side formed by a straightline connecting the corners of each 20-foot point as measured along the propertylines.

All building and electrical codes are applicable. All signs shall be wired to conform tosubsection 3-22(a)(2) of this Code. Sign structures shall be designed to withstand a 50psf snow load and 90 psf wind pressure.The installation of electrical signs shall be subject to the state's electrical code. Electricalservice to a freestanding sign shall be underground.No sign shall be attached or be allowed to hang from any building until all necessary walland roof attachments have been approved by the building official.No signs, guys, stays or attachments shall be erected, placed or maintained on trees norinterfere with any electrical light, power, telephone or telegraph wires or the supportsthereof.Illuminated signs shall be shielded to prevent lights from being directed at oncomingtraffic in such brilliance that it impairs the vision of the driver. Illuminated lights shall notinterfere with or obscure traffic signs or signals. Glare from illuminated signs shall notexceed one foot candle at the centerline of an adjoining public street or one foot candle atthe property line of an adjoining residential use.Temporary signs as permitted within the specific zoning district.

The use of banners, pennants, temporary signs and similar devices shall require apermit valid for no more than ten consecutive days and shall expire automaticallyafter said period. Upon the permit expiration, the applicant shall cease to display

b.

c.

d.

e.1.

2.

3.4.

5.

f.

g.

(9)

(10)

(11)

(12)

any and all signs permitted by the permit unless the applicant has obtained a newpermit for said signage.No more than five permits per business shall be granted during any 12-monthperiod. If two permits are obtained in succession by any applicant per subsection3-50(j)(8)a, both permits shall be counted for the purpose of determining the yearlylimitations of this subsection.The area of banner, pennant, temporary sign or similar device shall not exceed thearea allowances for the specific zoning district in which the sign is located.Permits for any temporary sign pursuant to this section shall be issued only toowners, tenants or their respective agents of commercial or industrial property.Applications must be submitted to the city building official on a form approved bythe city a minimum of one business day prior to the special or promotional eventwhen the signs will be used.Temporary sign standards.

All temporary signs must be located on the premises where the event isoccurring.Not more than one banner, pennant, temporary sign or similar device shallbe displayed for an individual business at any one time.Signage shall not exceed 50 square feet.In the event sign permits are simultaneously held by multiple tenants in amultiple occupancy building, the signs must be located at least 200 feetapart.No temporary signs allowed by this section shall be erected or temporarilyplaced within a public street right-of-way or upon public lands, easements orrights-of-way. Temporary signs must be located on private property.Freestanding signs shall be set back a minimum of 15 feet from the streetcurb. The setback shall be measured from the back of curb to that portion ofthe sign nearest to the curb.

Temporary signs permitted by subsection 3-50(f) of this Code shall be exemptfrom the requirements of this section.Violation of any conditions of this section will result in a forfeiture of additional signpermits for the property under this section for a period of 12 months from the dateof violation. The permit forfeiture shall be in addition to any other penalties for codeviolations allowed by this Code.

No sign or sign structure shall be erected or maintained that prevents free ingress oregress from any door, window or fire escape. No sign or sign structure shall be attachedto a standpipe or fire escape.A freestanding sign or sign structure constructed so that the faces are not back to back,shall not have an angle separating the faces exceeding 20 degrees unless the total areaof both sides added together does not exceed the maximum allowable sign area for thatdistrict.At least one address sign identifying the correct property number as assigned by City ofNew Hope shall be required on each principal building in all districts. The addressnumber shall be at least six inches in height for commercial and industrial buildings andshall be at least four inches in height for residential buildings.The area within the frame of a sign shall be used to calculate the square footage, exceptthat the width of a frame exceeding 12 inches shall constitute a sign face, and if suchletters or graphics be mounted directly on a wall or fascia or in such way as to be without

(13)

(14)

(15)a.

b.

c.

(k)

(1)a.

1.2.

b.

1.2.3.4.

5.

i.

ii.

a frame, the dimensions for calculating the square footage shall be the area extending sixinches beyond the periphery formed around such letters or graphics bounded by straightlines connecting the outermost points thereof. Each surface utilized to display a messageor to attract attention shall be measured as a separate sign and shall be calculated in theoverall square footage. Symbols, flags, pictures, wording, figures or other forms ofgraphics painted on or attached to windows, walls, awnings, freestanding structures,suspended by balloons, or kites or on persons, animals, or vehicles are considered a signand are included in calculating the overall square footage.The top of a sign, including its superstructure, if any, shall be no higher than the roof ofthe building to which such sign may be attached.The area around freestanding signs shall be landscaped with plantings and maintained insuch a manner to accent and enhance the sign while remaining sensitive to the naturalfeatures of the site.Projecting signs may be allowed in commercial districts provided that:

There is a minimum of eight feet of clearance under the base of the sign to theground below.The sign does not project more than five feet beyond the wall to which it ismounted, may not project over any vehicular drive aisle or traveled portion of apublic or private street and may not project over a public right-of-way.The area of the projecting sign is not more than 50 percent of the maximum areaallowed for an individual wall sign in the respective zoning district in subsections 3-50(k)(2) and 3-50(k)(3) of this Code.

District regulations. In addition to the signs allowed by subsection 3-50(f) of this Code, thefollowing signs shall be allowed within the specific zoning districts:

Within the R-1, R-2, R-3, R-4 and R-5 Districts, the following additional regulations apply:Except for the uses specified in subsection 3-50(f) of this Code, one sign shall beallowed provided that:

The total area of the sign shall not exceed 16 square feet.One freestanding sign shall be limited to a maximum height of eight feet.

In addition to the sign allowed by subsection 3-50(k)(1)a of this Code, monumentsigns shall be allowed for a subdivision or multiple family site having not less thanfive lots or dwelling units at its entrance from a street defined by the New HopeTransportation Plan provided that:

Not more than one sign shall be allowed per lot street frontage.The area of each sign shall not exceed 48 square feet.Freestanding signs shall be limited to a maximum height of eight feet.Except for those signs established under the provisions of subsection 3-50(k)(1)d, the sign shall not be illuminated.For sign(s) requiring regular long-term maintenance, the sign(s) shall belocated on separate or common space of sufficient size and area toaccommodate said structure:

An association, deed restriction, or ownership involving all theproperties within the subdivision shall be required for the sign(s). Theassociation shall own and be responsible for the upkeep, perpetualmaintenance, taxes, insurance, utilities and other costs associatedwith the sign(s) and the site upon which it is located.The association rules or bylaws, or similar legal document, shall

iii.

6.

7.

c.

1.

2.3.4.

d.

1.

2.

3.i.

specify how the aforementioned sign responsibilities will bedelegated and paid for. Such legal document shall be subject to thereview and approval of the city attorney.Separate or common space outlots for signs shall be considered andplanned for at the time of preliminary plat application and be includedin the final plat. The subdivision development contract between thecity and the developer shall specify the designated use of theoutlot(s), its ownership and the respective responsibilities regardingthe outlot.

The area around the sign shall be landscaped in such a manner to accentand enhance the sign while remaining sensitive to the natural features ofthe site. Detailed site and landscape plans shall be included with each signpermit application and shall be subject to approval by the city buildingofficial.The design and construction of area identification signs shall be done withthe highest quality materials and workmanship to keep maintenance andupkeep costs to a minimum and to minimize the potential for vandalism.Signs are to be aesthetically pleasing when designed and constructed. Thesign shall be compatible with nearby structures in the area. Detailedconstruction plans and a materials list shall be included with each signpermit application and shall be subject to approval by the city buildingofficial.

Additional signs shall be allowed upon approval of a final plat for a subdivisionhaving not less than five lots provided that:

One sign shall be allowed per project or subdivision or one sign for eachfrontage to a major collector or arterial street, whichever is greater.The area of the sign shall not exceed 32 square feet.Freestanding signs shall be limited to a maximum height of eight feet.The sign shall not be displayed for a period to exceed 24 months from thedate a permit is issued for the sign or until building permits have beenissued for 85 percent of the lots or dwelling units within the subdivision,whichever is less restrictive.

Government buildings and structures, public, quasi-public or private recreationbuildings, public parks and recreation areas, public and private educationalinstitutions limited to accredited elementary, middle or senior high schools, andreligious institutions such as churches, chapels, temples and synagogues shall beallowed the following signs:

Not more than two wall signs shall be permitted on the front wall. Thecombined total area of such sign or signs shall not exceed the lesser of 15percent of the area of the front face (including doors and windows), or 250square feet.For each principal building on a lot, there shall not be more than onefreestanding monument sign except on a corner lot where two signs, onefacing each street, shall be permitted. No such signs shall exceed 100square feet in area. Monument signs may not exceed 12 feet in height.One changeable copy sign per property, provided it meets the following:

Changeable copy signs may be a wall, freestanding or monumentsign provided it meets the sign area and height requirements of the

ii.

iii.

iv.

v.

a.

b.

vi.

vii.

viii.4.

(2)a.b.

1.

2.

3.

4.i.

respective zoning district.The images and messages displayed on changeable copy signsmust be static and the transition from one static display to anothermust be instantaneous without any special effects with the exceptionof a scrolling monochromatic message on a single color darkbackground.Changeable copy signs may change their message no more thanonce every five seconds.Freestanding signs shall be subject to the same setbackrequirements as other permitted freestanding signs in the zoningdistrict except that no electronic changeable copy sign shall belocated within 30 feet of a residential dwelling.All electronic changeable copy signs shall be equipped with anautomatic dimming device that controls the sign's brightness to meetthe following standards:

The electronic changeable copy sign shall not exceed 500lumens per square meter measured one foot from the signface for the time period between one-half hour before sunsetand one-half hour after sunrise.The electronic changeable copy sign shall not cast glare thatexceeds 0.4 of a foot candle above ambient light measured atthe property line of an adjoining residential property or onefoot candle measured at the curb line of a public street.

Certification from the sign manufacturer shall be provided stating thata dimming device will reduce and maintain night time illumination ofthe sign not to exceed 500 lumens per square meter at the sign facemeasured one foot from the sign face.Changeable copy sign displays shall be designed to freeze thedisplay in the event of malfunction, and the owner shall discontinuethe display immediately upon malfunction, or upon notice from thecity that the display violates the city's regulations.Changeable copy signs shall not be permitted as window signs.

Temporary signage is subject to the provisions of subsection 3-50(j)(8) ofthis Code.

Within the R-0 and R-B districts the following additional regulations shall apply:All residential use regulations in accordance with subsection 3-50(k)(1).All commercial use regulations as follows:

The total area of all signs displayed on a lot shall not exceed 15 percent ofthe total building facade fronting not more than two public streets.One freestanding sign is allowed per lot. The area of a freestanding signmay not exceed 100 square feet each side with a maximum height of 30feet.For single occupancy buildings, not more than two wall, canopy or marqueesigns shall be permitted on a building, except in the case of a corner lot orthrough lot where wall signs may be installed on two facades fronting apublic street. The area of individual signs shall not exceed 100 square feet.One changeable copy sign per property provided it meets the following:

Changeable copy signs may be a wall, freestanding or monument

ii.

iii.

iv.

v.

a.

b.

vi.

vii.

viii.5.

(3)a.

b.

c.

d.

sign provided it meets the sign area and height requirements of therespective zoning district.The images and messages displayed on changeable copy signsmust be static and the transition from one static display to anothermust be instantaneous without any special effects with the exceptionof a scrolling monochromatic message on a single color darkbackground.Changeable copy signs may change their message no more thanonce every five seconds.Freestanding signs shall be subject to the same setbackrequirements as other permitted freestanding signs in the zoningdistrict except that no electronic changeable copy sign shall belocated within 30 feet of a residential dwelling.All electronic changeable copy signs shall be equipped with anautomatic dimming device that controls the sign's brightness to meetthe following standards:

The electronic changeable copy sign shall not exceed 500lumens per square meter measured one foot from the signface for the time period between one-half hour before sunsetand one-half hour after sunrise.The electronic changeable copy sign shall not cast glare thatexceeds 0.4 of a foot candle above ambient light measured atthe property line of an adjoining residential property or onefoot candle measured at the curb line of a public street.

Certification from the sign manufacturer shall be provided stating thata dimming device will reduce and maintain night time illumination ofthe sign not to exceed 500 lumens per square meter at the sign facemeasured one foot from the sign face.Changeable copy sign displays shall be designed to freeze thedisplay in the event of malfunction, and the owner shall discontinuethe display immediately upon malfunction, or upon notice from thecity that the display violates the city's regulations.Changeable copy signs shall not be permitted as window signs.

Temporary signage subject to the provision of subsection 3-50(j)(8) of thisCode.

Within the LB, CB and I districts the following additional regulations shall apply:The total area of all signs displayed on a lot shall not exceed 15 percent of thetotal building facade fronting not more than two public streets.One freestanding sign is allowed per lot. The area of a freestanding sign may notexceed 100 square feet each side with a maximum height of 30 feet. Freestandingsigns abutting a freeway or freeway frontage road shall not exceed 200 feet inarea.Wall signs. For single occupancy buildings, not more than two wall signs perbuilding, except in the case of a corner lot or through lot where wall signs may beinstalled on two facades fronting a public street. The area of individual signs shallnot exceed the lesser of 15 percent of the front face of the principal commercial orindustrial building or 250 square feet.Awing or canopy signs. Letters may be painted or otherwise affixed to any

1.

2.

3.

e.

1.

2.

maximumf.

1.

2.

3.

4.

5.

i.

ii.

6.

permissible awning or canopy as follows:Location. Signs shall be limited to one sign per canopy fascia fronting ontoa street.Height. The canopy sign shall not project above or below the physicaldimensions of the awnings or canopy fascia.Maximum signage. Awning and canopy signage shall not exceed 16 squarefeet per sign. Awning and canopy signage shall be included in calculatingthe maximum sign area of the permissible wall sign.

Accessory signs to gas sales in conjunction with automobile service stations orconvenience stores are permitted in addition to the signs permitted undersubsection 3-50(k)(3) of this Code.

Gasoline and price sign. One sign (single or double faced) per frontage on apublic street, suitable for apprising persons of the total price per gallon. Thearea of such price sign shall not exceed 16 square feet on either side. Eachsuch sign shall be affixed to the standard of a ground sign or light fixture,and shall state the total price. No sign posting an incomplete price or lessthan the total sales price is permitted.Signs denoting operating instructions associated with self-service gasfacilities including gas pump, air supply and car washes are exempt fromthesign area standards of subsection 3-50(k)(3) of this Code.

One changeable copy sign provided it meets the following:A changeable copy sign may be a wall, freestanding or monument signprovided it meets the sign area and height requirements of the respectivezoning district.The images and messages displayed on changeable copy signs must bestatic and the transition from one static display to another must beinstantaneous without any special effects with the exception of a scrollingmonochromatic message on a single color dark background.Changeable copy signs may change their message no more than onceevery five seconds.Freestanding signs shall be subject to the same setback requirements asother permitted freestanding signs in the zoning district except that noelectronic changeable copy sign shall be located within 30 feet of aresidential dwelling.All electronic changeable copy signs shall be equipped with an automaticdimming device that controls the sign's brightness to meet the followingstandards:

The electronic changeable copy sign shall not exceed 500 lumensper square meter measured one foot from the sign face for the timeperiod between one-half hour before sunset and one-half hour aftersunrise.The electronic changeable copy sign shall not cast glare thatexceeds 0.4 of a foot candle above ambient light measured at theproperty line of an adjoining residential property or one foot candlemeasured at the curb line of a public street.

Certification from the sign manufacture shall be provided stating that adimming device will reduce and maintain night time illumination of the sign

7.

8.g.

h.i.

1.

i.ii.iii.iv.v.vi.vii.viii.

2.i.

ii.

not to exceed 500 lumens per square meter at the sign face measured atthe sign face.Changeable copy sign displays shall be designed to freeze the display inthe event of malfunction, and the owner shall discontinue the displayimmediately upon malfunction, or upon notice from the city that the displayviolates the city's regulations.Changeable copy signs shall not be permitted as window signs.

Window signs shall not exceed 33 percent of the total area of the window in whichthey are displayed.Temporary signage subject to the provision of subsection 3-50(j)(8) of this Code.Signs accessory to multiple occupancy business and industrial uses, includingshopping centers. When a single principal building is devoted to two or morebusinesses or industrial uses, a comprehensive sign plan for the entire building orshopping center shall be submitted and shall include the information required bysubsection 3-50(k)(3)(i)(1) of this Code to permit a determination as to whether ornot the plan is consistent with subsections 2 through 3 of section 3-50(k)(3)(i). Nopermit shall be issued for an individual use except upon a determination that it isconsistent with a previously or concurrently approved comprehensive sign plan.The effect of said comprehensive sign plan is to allow and require the owner ofmultiple occupancy structures to determine the specific individual signrequirements for the tenants of his building. As sign locations, size and other signdetails may be of some significant importance in lease arrangements betweenowner and tenant, it is the city's intention to establish general requirements for theoverall building only, thus providing a building owner with both the flexibility andresponsibility to deal with his individual tenants on their specific sign needs.

Comprehensive sign plan information. The applicant shall prepare a writtenand graphic comprehensive sign plan for submission to the city. Said planshall include, but not be limited to the following information:

Sign location (both wall signs and freestanding signs).Sign area.Sign height.Scaled building elevations.Scaled floor plan that outlines tenant bays.Identification of sign design.Sign construction drawings (sections).The council, planning commission and city staff may requestadditional information from the applicant concerning the applicationor may retain expert opinions at the expense of the city, or mayrequire as a condition of proceeding with its consideration that theapplicant furnish expert opinion and data at the expense of theapplicant.

Wall signs.Maximum area. The total allowable sign area for a multipleoccupancy structure shall not exceed 15 percent of the combinedwall surfaces on walls which abut streets in business or industrialzoning districts. No individual tenant identification sign may exceed100 square feet in area.No multiple occupancy structure may display more than two overall

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building signs. Said overall building signs shall fall within themaximum wall sign area for multiple occupancy buildings.Tenant signs. Individual tenants located within multiple occupancystructures shall be permitted to display individual signs, if they haveseparate exterior entrances to their use or they are tenants in ashopping center, in which case, not more than one sign may bedisplayed. A tenant occupying a corner location fronting two streetsmay display signs to both street frontages.Changeable copy wall signs are permitted subject to the provisionsof subsection 3-50(k)(3)f of this Code.

Freestanding sign.Shopping centers. Shopping centers containing more than fourseparate distinct occupancies may erect one freestanding sign perstreet frontage, not to exceed two freestanding shopping center signsper site (single or double faced).

Each ground sign may not exceed 200 square feet in area,nor 30 feet in height. In lieu of multiple freestanding signs, theshopping center may have a single freestanding sign not toexceed 300 square feet in area nor 30 feet in height.Changeable copy signs are permitted subject to the provisionsof subsection 3-50(k)(3)f of this Code.

Other multiple occupancies.Multiple occupancy structures other than shopping centers, orshopping centers having four or less separate and distinctoccupancies, may erect one ground sign in accordance withthe provisions of subsection 3-50(k)(3)b of this Code and mayidentify each separate and distinct occupancy on said groundsign.Changeable copy signs are permitted subject to the provisionsof subsection 3-40(k)(3)f of this Code.

Single occupancy freestanding satellite sites. Not more than onefreestanding sign shall be permitted per satellite site.

Freestanding signs shall not exceed 100 square feet in area.Freestanding signs shall not exceed 30 feet in height.Changeable copy signs are permitted subject to the provisionsof subsection 3-50(k)(3)(f) of this Code.

Nonconforming signs and sign structures. Signs and sign structures found to be nonconformingwith the provisions of this Code as of May 30, 2008 shall be subject to the following provisions:

Prohibitions. A nonconforming sign may not be:Changed to another nonconforming sign.Structurally altered except to bring into compliance with the provisions of this signcode.Expanded.Re-established after its removal for 30 days.Re-established after damage of more than 50 percent of sign replacement costafter a period of 180 days.

Maintenance. Normal maintenance, such as painting, repairing without removal, cleaning,

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maintaining, electrical wiring and appurtenances on site and changing or repairingfasteners or guy wires or chains shall be permitted on any legal nonconforming sign.

Sign variance. Where there are practical difficulties or unnecessary hardships in the way ofcarrying out the strict letter of the provisions of this section, the city council has the power tovary the requirements of this section in harmony with the general purpose and intent hereof, sothat the public health, safety and general welfare may be secured and substantial justice done.When considering a variance, the city council shall make a finding of fact and grant approvalbased upon the following conditions:

Unique conditions. That the conditions involved are unique to the particular parcel of landor use involved.Variance purpose. That the purpose of the variance is not based exclusively upon adesire to increase the value or income potential of the business involved.Cause of hardship. That the alleged difficulty or hardship is caused by this sign code andhas not been created by any persons presently having an interest in the parcel.Effect of variance. That the granting of the variance will not be detrimental to the publicwelfare or injurious to other land or improvements to the neighborhood.Impairment of light and air. That the variance will not impair an adequate supply of lightand air to adjacent property.Impairment of police and fire functions. That the variance will not impair or substantiallyincrease the congestion of the public streets, or interfere with the function of the policeand fire departments of the city.

Review procedures and informational requirements.Sign application. The applicant must complete and submit a sign permit application forapproval by the city council.Permit issued if application is in order. The city building official, upon the filing of anapplication for a permit, shall examine such plans, specifications and other data and thepremises upon which it is proposed to erect the sign. If it appears that the proposedstructure is in compliance with all requirements of this chapter and all other laws andordinances of the city, the permit shall be issued. If the work authorized under a permithas not been completed within 60 days after the date of issuance, the permit shall be nulland void.City council approval. When this chapter requires city council approval for a sign, theapplication shall be processed in accordance with the procedural and substantiverequirements of the New Hope Zoning Ordinance for a conditional use permit.

(Ord. No. 08-03, § 2, 5-27-2008; Ord. No. 2010-02, § 1, 1-25-2010; Ord. No. 10-06, § 1, 5-10-2010; Ord. No.13-03, §§ 1—3, 3-25-2013)