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2015-02 BILL NO. 2015-2 AMENDMENT TO RICHFIELD CITY CODE RELATED TO ZONING AMENDING SUBSECTION 544.27 RELATED TO COMMERCIAL KITCHEN ODOR CONTROL THE CITY OF RICHFIELD DOES ORDAIN: Section 1 Subsection 544.27 of the Richfield City Code is amended to read as follows: 544.27. Environmental Effects. No activity or operation shall be established or maintained that by reason of its nature or manner of operation will cause the emission of noise, odor, toxic or noxious fumes, smoke, dust or particulate matter in such concentrations as to be detrimental,to or endanger the public health, welfare, comfort or safety, or cause injury to property or business. Subd. 1. Commercial Kitchen Odor Control. All properties that contain cooking apparatus which necessitates the installation of a Type 1 Ventilation Hood (as required by State Building Code) and which abut (or are located within 150 feet even if not abutting) existing and/or future residential property shall mitigate or otherwise address the impact of odors as follows: a) Adjacent to Existing Residential. New restaurant sites abutting or adjacent to existing residential properties shall install professionally-designed odor control remedies; b) Adjacent to Future Residential. New restaurant sites abutting or adjacent to future residential development (either as a result of the Comprehensive Plan or an approved development plan) shall provide plans for a professionally- designed odor control remedy and a statement by a structural engineer that the building design could accommodate the planned odor control and associated screening in the future. Subsequent complaints of odor impacts may result in the requirement that the planned odor control device be installed. c) Pre-existing Restaurant Sites. Pre-existing restaurant sites abutting or adjacent to either existing or future residential development, which are augmenting cooking equipment and/or intensifying odor emissions, shall follow the requirements of clause b above. d) Administrative Exemptions: The Community Development Director shall have the authority to exempt uses from meeting the requirements of this Subdivision with a written finding that the proposed commercial kitchen is for an institutional (or similar) use that will have limited hours of operation and/or minimal usage. Section 2 This Ordinance is effective in accordance with Section 3.09 of the Richfield City Charter. Passed by the City Council of the City of Richfield, Minnesota this 13th day of January, 2015. , I • ebbie Goettel, Mayor TET: izabeth Van oose, City Clerk AFFIDAVIT OF PUBLICATION City of Richfield STATE OF MINNESOTA (Official Publication) SS SUMMARY PUBLICATION COUNTY OF HENNEPIN ) BILL NO.2015-2 AN ORDINANCE AMENDING Charlene Vold being duly sworn on an oath, SUBSECTION 544.27 states or affirms that they are the Authorized RELATED IT y COMMERCIAL KITCHEN Agent of the newspaper(s)known as: ODOR CONTROL This summary of the ordinance is SC Richfield published pursuant to Section 3.12 of the Richfield City Charter. This ordinance revises rules re- and has full knowledge of the facts stated fated the administration of City odor below: mitigation measures for new and existing restaurants.In general,new (A)The newspaper has complied with all of restaurants adjacent to residen- the requirements constituting qualifica- tial properties must install an odor tion as a qualified newspaper as provided control system;new restaurants ad- by Minn. Stat. §331A.02, §331A.07, and jacent to planned future residential properties and existing restaurants other applicable laws as amended. wishing to augment cooking equip- (B)This Public Notice was printed and pub- ment must design and plan for the lished in said newspaper(s) for 1 succes- installation of an odor control sys- sive issues; the first insertion being on tem in eived.the The event thordinance at complaints allows are rec 01/22/2015 and the last insertion being on Community Development Director 01/22/2015. to grant an exemption from these requirements for institutional or sim- ilar uses that will have limited hours of operation and/or minimal usage. Copies of the ordinance are available for public inspection in By: � the City Clerk's office during normal Authorized Agent business hours or upon request by calling the Department of Commu- nity Development at(612)861-9760. Subscribed and sworn to or affirmed before Adopted by the City Council of me on 01/22/2015. the City of Richfield,Minnesota this 13th day of January,2015. /s/Elizabeth VanHoose, n " City Clerk 1 1/22/15,3SC2,Ord 2015-2,337692 Notary Public s 6-11; >{ MARIE MCPHERSON r!;':',':::,,i.) Notary Pubis .`r-=y'My Ooaualwion Swiles Jan it 2019 Rate Information: (1)Lowest classified rate paid by commercial users for comparable space: $34.45 per column inch Ad ID 337692