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2010-10BILL NO.2010-10 AMENDMENT TO RICHFIELD CITY CODE SUBSECTION 529.25 RELATED TO NONCONFORMITIES THE CITY OF RICHFIELD DOES ORDAIN: Section 1 Subsection 509.25 of the Richfield City Code is amended by adding a new Subdivision 2 to read as follows, and by now renumbering all subsequent subdivisions: Subd. 2. Definitions. The following terms and accompanying definitions are used in the context of nonconformities: a) Expansion -For the purposes of nonconformities, expansion includes but is not limited to, intensification of the use, expansion of the use to a portion of the property not previously used, or increased structure dimension(s). b) Improvement - Where a nonconformity is made more compatible with the use of adjacent properties, efficient, and/or more aesthetically pleasing. For the purposes of nonconformities, an improvement does not include an expansion. c) Maintenance -Normal repair, restoration, and improvement including cosmetic changes. For the purposes of nonconformities, maintenance does not include new construction or expansion of a use or structure. d) Repair -For the purposes of nonconformities, repair means to restore to good condition by replacing or reassembling broken, worn out or malfunctioning components. Repair does not include expansion. e) Replacement -Construction that provides a substitute substantially equivalent to the pre-existing conditions that preceded damage or destruction. f) Restoration -For the purposes of nonconformities, restoration means to restore or repair to good condition by replacing or reassembling broken, worn out or malfunctioning components. Restoration does not include expansion. Sec. 2 Subsection 509.25, Subdivision 2b of the Richfield City Code is amended to read as follows: b) Any ,,,,,,nn„fnrmi„ir ~,~ononconformity is destroyed by fire or other peril to the extent of greater than 50 percent of its market value, and no building permit has been applied for within 180 days of when the property is damaged. In this case, the city may impose reasonable conditions upon a building permit in order to mitigate any newly created impact on adjacent property. Any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy. The nonconforming use status of the premises and any rights which arise under the provisions of this subsection shall terminate. Sec. 3 Subsection 509.25, Subdivision 3 of the Richfield City Code is amended to read as follows: Subd. 3. Nonconforming use. Except as otherwise noted in this code, there shall be no enlargement, expansion, intensification, or relocation of any building or premises devoted to a nonconforming use except to make it a conforming use. a) Exception. inas co Id constitute addition a nconformina dwellina un comalvin ns s i. The construction will not result in an increase in the number of dwelling units; ii. The building or parcel is not located in an area which the Gouncll has deslgnatea as a nlgn prlorlty ror reaevelopment accordina to an adopted redevelopment strategv or plan. ror the purpose of tnis section, a reaevelopment sirategy or plan specifically outlines the area to be redeveloped and may include timelines and/or action steps to be taken, or which are being taken, to achieve the redevelopment. These action steps may include, but are not limited to, solicitation of ~lPVehners_ the purchase of orooertv. environmental testina activities; and iii. The construction would not extend any farther into the structu Sec. 4 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 9th day of August 2010. '~~.~ ~ i - ~-- Debbie Goette ,Mayor ATTESTt~ ~ `.'i Nancy Gibbs, City Cle ne~spape~rs AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) Richard Hendrickson, being duly sworn on an oath, states or affirms that he is the Chief Financial Officer of the newspaper(s) known as Richfield Sun-Current and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provid- ed by Minn. Stat. §331A.02, §331A.07, and other applicable laws as amended. (B) The printed public notice that is attached was published in said newspaper(s) once each week, for one successive week(s); it was first published on Thurs- day, the 19 day of August , 2010, and was thereafter printed and published on every Thursday to and in- cluding Thursday, the ____ day of 2010; and printed below is a copy of the lower case alpha- bet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: City of Richfield (Official Publication) BILL NO.2010-10 AMENDIIAENT,TO RICHFIELD CITY CODE SUBSECTION 529.25 RELATEDTO NONCONFORMITIES THE CITY OF RICHFIELD DOES ORDAIN: Section 1 Subsection 509.25 of the Richfield City Code is amended by adding a new Subdivision 2 to read as fol- lows, and by now renumbering all subsequent subdivi- sions: Subd. 2. Definitions. The following terms and ac- companying definitions are used in the context of non- conformities: a) Expansion -For the purposes of nonconformities, ex- pansion includes, but is not limited to, intensification ofthe use, expansion of the use to a portion of the property not previously used, or increased structure dimension(s). b) Improvement - Where a nonconformity is made more compatible with the use of adjacent properties, efficient, and/or more aesthetically pleasing. For the purposes of nonconformities, an improvement does not include an ex- pansion. c) Maintenance -Normal repair, restoration, and im- provement including cosmetic changes. For the purpos- es of nonconformities, maintenance does not include new construction or expansion of a use or structure. d) Repair -For the purposes of nonconformities, repair means to restore to good condition by replacing or re- assembling broken, worn out or malfunctioning compo- nents. Repair does not include expansion. e) Replacement- Construction that provides a substitute substantially equivalent to the pre-existing conditions that preceded damage or destruction. f) Restoration -For the purposes of nonconformities, restoration means to restore or repair to good condition by replacing or reassembling broken, worn out or malfunc- tioning components. Restoration does not include expan- sion. Sec.2 Subsection 509.25, Subdivision 2b of the Rich- field City Code is amended to read as follows: b) Any nonconforming usenonconformity is destroyed by fire or other peril to the extent of greater than 50 per- cent of its market value, and no building permit has been applied for within 180 days of when the property is dam- aged. In this case, the city may impose reasonable con- ditions upon a building permit in order to mitigate any newly created impact on adjacent property. " Imnopgrstuvwxyz Any subsequent use or occupancy of the land or premis- es shall be a conforming use or occupancy. The noncon- forming use status of the premises and any rights which - arise under the provisions of this subsection shall termi- nate. BY; Subsection 509.25, Subdivision 3 of the Richfield CFO City Code is amended to read as follows: - ~ S bd N f E t th t d subscribed and sworn to or affirmed before me on this 19 day of August , 2010. Notary Public '~ '' DIANE L ELIASON ~:~ ~ N07AR1' PUBLIC - rdINNE50TA ~ P.ly Conan. Expires Jvi. 31. 2075 ~1. u . 3. oncon ormmg use. xcep as o erwlse no e in this code, there shall be no enlargement, expansion, in- tensification, or relocation of any building or premises de- voted to a nonconforming use except to make it a con- forming use. a) Exception. Expansion which would constitute addi- tion and alteration to buildirigs containing nonconforming dwelling units complying with the following conditions shall be permitted: i. The construction will not result in an increase in the number of dwelling units; ii. The building or parcel is not located in an area which the Council has designated as a high priority for redevel- opment according to an adopted redevelopment strategy or plan. For the purpose of this section, a redevelopment strategy or plan shall be defined as a document and/or process which specifically outlines the area to be rede- veloped and may include timelines and/or action steps to be taken, or which are being taken, to achieve the rede- velopment. These action steps may include, but are not limited to, solicitation of developers, the purchase of prop- erty, environmental testing or remediation, demolition of structure and other similar activities; and iii. The construction would not extend any farther into the required setback than the existing structure. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk (August 19, 2010) D2 Bill# 2010-10 Sec.4 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, Min- nesota this 9th day of August 2010.