Loading...
1987-04Bill No. 1987-4 AMENDMENT TO CHAPTER VI, OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD City of Richfield Does Ordain: Chapter VI of the Ordinance Code of the City of Richfield entitled "Business and Trade Regulation and Licensing is amended by adding thereto the following new section: 6.24 Automobile Detailing Establishments. Subdivision 1. Definitions. The following terms shall have the meanings ascribed to them in this section: (1) "Automobile Detailing Establishment" means a business activity where, for a fee, automobiles, including components and parts are cleaned and refurbished. The term does not include the repair or replacement of parts or components, oil changing or lubrication, painting other than minor touch-up, sale of fuel or automobile parts, accessories or products. (2) "Automobile" means a motor vehicle exclusively designed and equipped to transport its driver and passengers. The term includes a van which is so equipped, but does not include trucks, buses or motor homes. Subd. 2. License Required. No person shall operate an automobile detailing establishment without having first obtained a current and valid license to do so. Except as hereinafter provided, operation without a license is a misdemeanor. Subd. 3. Application. Any person desiring to engage in the business of operating an automobile detailing establishment shall submit an application for license to the City Clerk. The application shall be on a form prepared by the City Clerk and shall contain the following; (1) The applicant's name, age, residence and whether applicant is a registered voter of the city. If the applicant is a partnership, the names of all partners verified by one such partner. If the applicant is a corporation, the names of all the officers verified by one such officer. '~ (2) The business and residence addresses of the applicant for a period of five years prior to the application date, whether the applicant is sole o~mer of the business and that no persons other than those named in the application have any interest in the management and control of the business. (3) The application shall be accompanied by the favorable recommendations of two citizens of the city, attesting to the irtegritl~ and business ability of the applicant, or, if applicant is a partnership, the same attestation as to each partner, or, if applicant is a corporation, the same attestation as to the corporate officers and managers. (~) The applicant shall provide a plot plan or drawing sho~~~ing : (a) The total area of the business premises; (b) The location of streets and alle~~s adjacent to such pre:~~ises ; (c) the location or proposed location of any building to b e used in co::nection with the business; (d) The proposed location, size and kind of advertis- ing sicns; (e) The proposed locatior. of vehicle entrances and exis ts; {S) A ccmplete description of the auto detailing activities proposed to be conducted on the premises, (6) Such other and further information as the city clerk shall require. Subd. 4. License Fee and License Year. The license fee is as provided in tippendix D o= this Code . The fee shall be paid in full at the time of application. The license, once issued, shall be valid for 12 months from the date of issuance unless earlier suspended or revoked. Subd. 5. Conditions Governinv Issuance. The following conditions are imposed upon the granting o~ all licenses under this section: (1) The site shall abut and have access to an arterial road~~: av. (2) No mechanical car washing equipment shall be used in cc::rection with the licensed activity. (3) P7o overnight outside storage of vehicles shall be permitted, 0 0 2 (4) The site shall be adequately screened from adjacent residential properties. (5) The licensed activity shall not result in undue congestion on surrounding streets. (6) Them shall be adequate parking spaces provided on the site for customers and employees; three offstreet parking spaces for each bay where auto detailing takes place and 1 offstreet parking space for every employee shall be provided; and the licensee shall instruct customers and employees not to parking on surrounding streets. (7) The use must be conducted totally within the confines of the building. (8) There shall be no exterior storage or sales of equipment, materials or products. (9) The use shall not generate, noise, dust, or odors which disturb or annoy occupants of adjacent residential properties. (10) Them shall be no more than one curb cut per street. Curb cuts must be located at least 50 feet from any intersection. (11) Exterior lighting shall be designed and directed so as not to case light on adjacent residential property. (12) The establishment shall be open only between 7:00 AM and 7:00 PM. (13) The premises shall be maintained in a state of good repair at all times; and shall be kept free of litter, trash, debris and weeds. (14) Underground storage tanks shall be removed as required by the City. (15) Licenses shall be granted only to establishments located in the commercial districts of the city. (16) In addition to other conditions provided for in this - subdivision, if the establishment is located in a C-1 district of the city, it must be proposed as a replacement to an existing gasoline service station, service station store or public garage. Subd. 6. Suspension or Revocation. If the City Manager determines that the licensee has violated any of the conditions for licensure contained in subdivision 5 of this section, the 3 manager shall notify the council of the nature of the violation and request that it consider taking action to suspend or revoke the license. A copy of the notice shall Ce mailed, or otherwise delivered, to the licensee at the licensed premises. The council shall consider the matter at its next regularly scheduled meeting, at least ten days following the date of mailing or delivery of the notice. At the hearing, the licensee or its representative shall have an opportunity to recut any of the information contained in the manager's notice and to offer evidence in mitigation thereof. Following the hearing, the council shall determine whether the evidence of violation is estaClished and whether the license should Ce suspended or revoked. In considering suspension of the license, the council may place additional and further conditions upon the licensee, if the council concludes that such additional conditions will assist in the orderly operation of the Cusiness. SuCd. 7. Relationship to Other Licenses or ?ermits. Businesses located in C-2 districts of the city which lawfully operate as gasoline service stations, service station stores, puClic garages or car sale lots may continue to engage in those aspects of an automo~ile detailing establishment which are permitted as part of their lawful operation without the need to first oCtain the license required in this section. Effective Date. This amendment will Ce effective from and after the later of: (1) 30 days following the date of puClication, or (2) the date on which the amendment to Section 3.32, suCdivision 1 making automoCile detailing establishments permitted use in_ C-I districts is effective. Passed by the City Council of the City of Richfield. Minnesota Suburban Newspapers, Inc. AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA) SS. COUNTY OF HENNEPIN) Dona 1 d K . M o r t en s o n ,being duly sworn on an oath says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as Richfield Sun-Current are stated below. and has full knowledge of the facts which (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The Bill No. 9987-4 which is attached was cut from the columns of said newspaper; and was printed and published once each week, for one successive weeks; it was first published on Wednesday ,the ~ 8 day and including t0 the day of , 19-; and printed below is a copy of the lower case alphabet 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: abcdefghijklmnopgrstuvw z v BY: ~1 ~~ Pn~'~''t-' TITLE: Operata:ons Manacrer Subscribed and sworn to before me on this 2 0 day of ~ a;~ c h 1 g.~8 7 ~1 Noi~ry PU~'T1~ F ~ ?,,~ E_- - - ~, RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space (2) Maximum rate allowed by law for the above matter (3) Rate actually charged for the above matter of March 19 87 and was thereafter printed and published on every $ 1.85 per line (Line, word, or inch rate) $ 40.14 per fine (Line, word, or inch rate) $ 384 per line (Line, word, or inch rate) (Official Publication) Bill No. 1987-4 AMENDMENT TO CHAPTER VI, OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD City of Ricii#ield Does Ordain: Chaplet VI of the Ordinance Code of the City of Richfield entitled "Business and Tr:tde+•rReguGition and Licensing is amended by adding thereto the following new sec n: 6.24 Au{omobile Detailing Establishments. Subdlf~~ttts~1 1: Definitions. The following terms shall have the meanings •iscribed;~YOe'rtian this section: (1) "Ad ~le'Detailing Establishment" means a business activity where, ford e,; automobiles, including components and parts are cleaned and re tar ~~, fpe term does not include the repair or replacement of parts oeogipoe>;nls', oil changing or, lubrication, painting other than minor touch-np, sale of fuel or automobile parts, accessories or products. (2) ';Autmobtle" means a motor vehicle exclusively designed and equipped to transport its driver and passengers. The term includes a van which is so equipped. but does not include trucks. buses or motor homes. Subd. 2. License Required. No person shall operate an automobile detailing ostablfshmenL;withou,~ paving first obtained a current and valid license to do so. Except 'as hereinafter provided. operation without a license is a misdemeanor. Subd. 3.'Appltt~etion. Any person desiring to engage in the business of operating an k&tdtSlobile detailing establishment shall submit an application for license to the City Clerk. The application shall be on a form prepared by the City Clerlt and shall contain the following: (1) The applicant's name, age. residence and whether applicant is a regis[e~et1 voter of the city. If Lhe applicant is a partnership, the names of all :part.ners verified. by one such partner. If the applicant is a corpiit+8tion. the names of all the officersveri[ied by one such officer. (Y) 'The business and residence addresses o[ the applicant for a period of five years prior~to Lhe application date, whether the applicant is sole owner of [he business and that no persons other than those named in the ~ipplication have any interest in the management and control of the business. (3) Th~~:application shall be accompanied by the favorable recommenda- tion ~ of>,two~ citizens of the city, attesting to the integrity and business abil~y -:o[:_:fhe applicant., or, if applicant is a partnership. the same atesi5tioh~,us to each partner, or, i(applican[ is a corporation, the same attestatiotl:ws to the corporate officers and managers. (4) The t+pplieiint shall provide a plot plan or drawing showing: (a) Tfie total area of the business premises; - (b) Tho~.i riion of streets and alleys adjacent to sucp premises; (c) Thition or proposed location of any building to be used in connet~.r!+'ith the business: - (d) ~~pAbposed location, size and kind of advertising signs: (e).•h~,~4'~proposed location of vehicle entrances and exits; (5) A ~ri~le description of the auto detailing activities ,proposed to be condtuefed on the premises. (6) Such other and further information as the city clerk shall require. Subd..t~. Y.icense Fee and License Year. The license fee is as provided in Append ~R"o[ this Code. The fee shall be paid in full at the time of ~ipphca `'`The.iicense, once issued.~shall be valid for 12 months from the date of ~ .~ nes ktUless earlier suspended or revoked. Subd.' ~~~(~ ons Governing [ssubnce. The following conditions are imposed q}'~at[,t~`,~granting of all licenses under this section: ( I) The sitestl3~l1 abut and have access to an arterial roadway. ( 2) No mechanical car washing equipment shall be used in connection with-the.lrt:ensed activity. ( 3) NQoverni~ht outside storage of vrhicles shall be permitted. ( 4) The site'-shall be adequately screened from adjacent residential properties. ( 5) Tf}e{ie~n~ed activity shall not result in undue congestion on surround- irrg sxi•~~: ( 6) There-sp;dll be adequate parking spaces provided on the site for cystomers:and employees: three offstree[ parking spaces for each bay wFrere:~9uto detailing takes place and t o[[street. parking space for every`e loyee shall be provided: and~the licensee shall instruct cuslouJ~rand employees not to park on surrounding streets. ( 7) The use tqusl be conducted totallc within the confines of the building. ( H) There sh:Lil be no exterior storage or sales of equipment, materials or product$:' ( 9) The use shill not generate noise, lust., or odors which tlisturb or annoy occupants of adjacent residential properties. pn) There shah be no more than one curb cut per street. Curb cuts must be located at~e •~st 50 fuel. from an,y intersection. (11) F.xlerior li~hiing shall be designs-d and directed so as not to cast light. on ad,~ce residential property. (1l) The estab~hmenl shall be open ~~nly between 7:00 A.M. and 7:00 P. M. (13) The piemt$"cs shat be maintainer in a state o(good repair at alltimes: •md shalt kTe kept ft•ec of litter, trash, debris and weeds. (I4) Undergro~pd st.m•ege Lanks shall he removed as required by the City. (I5) Licenses.'~h~Ql 6e granted onl) t.o establishments located in the conknte districts of the city. (I6) I,n additfgfi~to other conditions provided [or in this subdivision, it the establish'iti@nt is located in a C-1 district of the city, it must be proposed-ttc a replacement to :.n existing gasoline service station, serVfee'sta' on store or public gauge. Subd. 6. $ltsµe on or Revocation. If t he City Manager determines that the licensee ha~.vio ted any of the conditions for licensure contained in 5ubdivisio 5 f th44~ section, the manager shall notify the council of the nature of thevioliat)equest that it consuer taking action to suspend or revoke the IiLenst: copy, f the notice shall be mailed, or otherwise dehvored, to the licensee ate Rcetr'sed premises. The council shall consider the matter a[ its next regty,`scheduled meeting, at least ten days following the date of mailing ot~ delivery of the notice. At the hearing, the licensee or its representatifre.:shaH have an opportunity to rebut any of the information contained in the'manager's notice and to offer evidence m mitigation thereof. Following the hearing, the council shall determine whether the evidence of violation is established and whether the license should be suspended or revoked. In considering suspension of the license, the council may place additional and further conditions upon the licensee, if the council concludes that such additional conditions will assist in the orderly operation of the business. Subd. 7. Selations~p to Other Licenses or Permits. Businesses located in C-2 districts of the city which lawfully operate as gasoline service stations, service station stores, public garages or car sale lots may continue to engage in those s~ - ^an automobile detailing establishment which are permi ~"o~,tfieir lawful operation without need to first obtain the licenser tfifs section. Efiect ~ fais amendment will be effective from and after the later oL (1) 30 ,. s+ytng the date of publication, or (2) the date on which the amendme to,:Seclsion 3.32, subdivision 1 making automobile detailing establishmeiitsa p milted use in C-1 districts is effective. Passed by the City Council of the City of Richfield: Minnesota this 9th day of March, 1987. JOHN N. HAMILTON Mayor ATTEST: THOMASFERBER City Clerk (March 1R, I987)-RICH