(a)

Title. This zoning code shall be known as the "New Hope Zoning Code" except as referred to herein, where it may be known as "this Code".

(b)

Purpose. The intent of this zoning code is to protect the public health, safety and general welfare of the community and its people through the establishment of minimum regulations governing development and use. This Code divides the city into use districts and establishes regulations in regard to location, erection, construction, reconstruction, alteration and use of structures and land. Such regulations are established to protect the use areas; to promote orderly development and redevelopment; to provide adequate light, air and convenience of access to property; to prevent congestion in the public right-of-way; to prevent overcrowding of land and undue concentration of structures by regulating land, buildings, yards and density of population; to provide for compatibility of different land uses; to encourage a distribution of life cycle housing within the community; to provide for administration of this Code; to provide for amendments; to prescribe penalties for violation of such regulations; and to define powers and duties of the city staff, the board of adjustment and appeals, the planning commission, and the city council in relation to the zoning code.

(c)

Comprehensive municipal plan. It is the policy of the city that the enforcement, amendment, and administration of this Code be accomplished with due consideration of the recommendations and policies contained in the comprehensive municipal plan as developed and amended from time to time by the planning commission and city council of the city. The council recognizes the comprehensive municipal plan as the policy for regulation of land use and development in accordance with the policies and purpose herein set forth.

(d)

Restrictive interpretation. Where the conditions imposed by any provisions of this Code are either more or less restrictive than comparable conditions imposed by other ordinance, rule or regulation of the city, the ordinance, rule or regulation which imposes the more restrictive condition, standard, or requirements shall prevail.

(e)

Minimum requirements. In its interpretation and application, the provisions of this Code shall be held to be the minimum requirements for the promotion of the public health, safety and welfare.

(f)

Permits controlled. No permits shall be issued, and no structure shall be erected, converted, enlarged, reconstructed or altered, used or occupied, and no structure or land shall be used for any purpose nor in any manner which is not in conformity with the provisions of this Code.

(g)

Prohibition of uses not specifically authorized. Whenever in any zoning district a use is neither specifically permitted nor denied, the use shall be considered prohibited. In such case the city council or the planning commission, on its own initiative or upon request, may conduct a study to determine if the use is acceptable and if so what zoning district would be most appropriate and the determination as to conditions and standards relating to development of the use. The city council, planning commission or property owner, upon receipt of the staff study shall, if appropriate, initiate an amendment to the zoning code to provide for the particular use under consideration or shall find that the use is not compatible for development within the city.

(h)

Authority. This zoning code is enacted pursuant to the authority granted by the Municipal Planning Act, Minn. Stat. §§ 462.351 to 462.363.

(i)

Separability. It is hereby declared to be the intention of the city that the several provisions of this zoning code are separable in accordance with the following:

(1)

Invalid provision. If any court of competent jurisdiction shall adjudge any provision of this zoning code to be invalid, such judgment shall not affect any other provisions of this zoning code not specifically included in said judgment.

(2)

Adjudication of invalid application. If any court of competent jurisdiction shall adjudge invalid the application of any provision of this Code to a particular property, building, or other structure, such judgment shall not affect the application of said provision to any other property, building, or structure not specifically included in said judgment.

(j)

Comprehensive revision. The council intends this chapter to be a comprehensive revision to chapter 4 of the City Code and all other ordinances inconsistent with this chapter, as amended. Any act done, offense committed, rights accruing or accrued, liability, or penalty incurred or imposed prior to the effective date of this chapter is not affected by its enactment.