1988-07BILL N0. 1988-7
AMENDMENT TO SECTION 545 OF
THE RICHFIELD CITY CODE OF 1987
City of Richfield Does Ordain:
Section 545 of the City Code entitled "Zoning: adjustment:
appeals: administration" is hereby, amended in the following
respects:
I. By amending Subdivision 2 of subsection 545.05 to read as
follows:
Subd. 2. Variance. The board may hear requests for
variances from the~iteral provisions of this code in cases where
their strict enforcement would cause undue hardship because of
circumstances unique to the individual property under considera-
tion, and to grant variances only when it is demonstrated that
such actions will be in keeping with the spirit and intent of
this code. The board ee~net~ may not permit as a variance any
use that is not permitted under this code for property in the
zone where the affected land is located. The ee~~e3~ board may
impose conditions in the granting of variances to insure
compliance and to protect adjacent property.
II. By amending Subdivisions 3, 4, 5, 6 and 7 of subsection
545.09 to read as follows:
Subd. 3. Application. Application for the issuance of a
conditional use permit is made to the director. Proceedings to
classify certain uses as conforming uses may be initiated either
by an applicant or by the beaed council.
Subd. 4. Public hearing. The bead council may hold such
hearings on the proposal to issue a conditional use permit as it
may consider necessary; but at least one public hearing shall be
held by the board or by a committee of commission to be
designated by the board in any application for a conditional use
permit for the establishments of any use listed in subdivision 1,
paragraphs a and f.
Subd. 5. Conditions. The beaed council may not grant a
conditional use permit unless it finds that the establishment,
maintenance or operation of the use for which the conditional use
permit is sought will not under the circumstances of the
particular case be detrimental, (i) to the health, safety,
morals, comfort, convenience or welfare of the persons residing
or working in the neighborhood of the use, or (ii) to the public
welfare or injurious to property or improvements in the neighbor-
hood.
Bill No. 1988-7 -2-
Subd. 6. Other conditions. The beard council may not grant
a conditional use permit unless it finds that the establishment,
maintenance or operation of the use for which the conditional use
permit is sought is in compliance with the (i) comprehensive
municipal plan, (ii) an officially adopted redevelopment plans
and urban design guidelines, and (iii) applicable parking
regulations and landscape guidelines:
Subd. 7. Compliance. The beard council may impose
conditions and require guarantees in the granting of conditional
use permits. Any use permitted under the terms of any
conditional use permit shall be established and conducted in
conformity be with the terms of the permit and of any conditions
imposed. If any person violates a term of the permit or anv
condition imposed by the council in connection with r_he grant nr
(a) Complaint. The director shall review any complaints
received by the city involving roperty which is
subject to a conditional use permit, and shall
determine whether, in the director s judgment a
violation of the terms or conditions of any conditional
use permit appears to have occurred.
(b) Notice of Apparent Violation. If the director
determines that an apparent violation of such terms and
conditions exists, the director shall cause a notice of
violation to be mailed to the owner of the roperty or
owner's agent and to any other person known to the City
to be conducting the use for which the Conditional Use
Permit was granted. The notice shall:
(I) be in writing;
(2) particularize the violation or violations found to
apparently exist and particularize the remedial
actions which must be taken to achieve compliance
with the terms and conditions of the conditional
use permit;
(3) provide a reasonable time, but not less than ten
days, for the recipient to remedy the violation or
• violations particularized in the notice; and
(4) inform the recipient that if the particularized
violations are not remedied within the stated time
period, the director will request the council to
consider revocation of the conditional use permit.
permit and all rights attributable to such permit. In considering
the revocation of a conditional use permit, the city shall
proceed as follows: _
1
Bill No. 1988-7
-3-
(c) Failure to Comply. When notice has been given in
accordance with clause (b) above and the recipient has
failed to correct the violations particularized in the
notice within the time allowed, the director shall
refer the matter to the city manager with a recommenda-
tion that a hearing be held by the council to consider
the revocation of the conditional use permit. A copy
of the director s recommendation shall be mailed to the
same persons who previously were mai e t e no ce o
violation.
(d) Scheduling of Hearing. If the city manager concurs in
the recommendation of the director, the manager shall
schedule a hearing before the council •to consider
revocation of the conditional use permit. The date of
the hearing shall be as soon as is reasonably
convenient.
(e) Upon the scheduling of the hearing, the director shall
furnish mailed notice of such to the same persons who
were mailed notice of the violation. The notice shall:
(1) state the time, date and location of the hearing;
(2) describe with particularity the violations or
violation which will form the basis of the
director s recommendation to the council;
(3) describe the recommendation which the director
intends to make to the council with respect to
revocation; and
(4) inform the recipient of its opportunity to be
present at the hearing, to be represented by legal
counsel during the hearing, to present testimony
and evidence and to cross-examine witnesses.
The director shall also provide a notice containing the
information described in subparagraphs (1), (2) and (3)
of this paragraph to all other persons who would have
been entitled to notice had the hearing been to
consider the granting of the conditional use permit.
(f) Determination. At the conclusion of the hearing, or as
soon thereafter as is reasonably possible, the council
shall render its written decision. The decision shall
state the terms and conditions of the conditional use
permit found to have been violated; and shall state the
determination of the council with regard to revocation
of the conditional use permit. The council may, in
lieu of revocation, permit the conditional use permit
to continue subject to such further or additional terms
and conditions as in its judgment are necessary to
Bill No. 1988-7 -4-
insure compliance with the conditional use permit. The
council's written findings and determination shall be
mailed to the persons who were mailed the director s
notice of violation. If a conditional use permit is
revoked, all uses and activities which are ermitted
only by such conditional use permit shall immediately
cease. And all other licenses and permits issued by
the city which require, as a condition of their
issuance, the existence of the conditional use, shall
be subject to termination in the manner set forth in
this Code or other applicable law. '
III. By amending Subsection 545.09 by adding thereto the
following Subdivision 8:
Subd. 8. Other Remedies. In addition to the procedure set
forth above, the city may exercise, with or se arately from such
procedure, all and any other remedies and actions available to
the cit includin but not limited to those contained in
Sections ~2 and o this Code.
Passed by the City Council of the City of Richfield this
8th day of February , 1988.
ATTEST:
~ ~
i
~r i~r~%ii~C(~} ~~ _
Thomas Ferber, City Clerk
I
II
I
Minnesota Suburban Newspapers
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COUNTY OF HENNEPIN)
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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
stated below.
and has full knowledge of the facts which are
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as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended.
(B) The printed
Bill No. 1988-7
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for one successive weeks; it was first published on W e d n e 5 d a Y ,the 17 day
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_ and including
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to
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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:
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BY: E°
TITLE: P u b l i s h e r
A.~cknowledged before rflle on this
`. 18 dayof~F hbru ~ f~~, 1988 ,
i _s~ n
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N~ta public .~ , t~ r ,r~.~
7 ~ e r~ ~w u3 vii 1;~.~S~T~
I ~' ~) J'!
RATE INFORMATION
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for comparable space
(2) Maximum rate allowed by law for the above matter
(3) Rate actually charged for the above matter
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City of Richfield
(Official Publication)
BILL NO. 1988-7
AMENDMENT TO SECTION 54a~OF
THE RFCHFIELD CITY CODE OF 1987
City of Richfield Does Ordain:
Section 545 of the City Code entitled "Zoning: adjustment: appeals: administration" is hereby
amended in the following respects:
L By amending Subdivision 2 of subsection 545.05 to read as follows:
Subd. 2. Variance. Th board may hear requests for variances from the literal provisions of this
code in cases where t tr district enforcement would cause undue hardship because of circum-
stances unique to the in, idual property under consideration, and to grant variances only when it is
demonstrated that such5actions will be in keeping with the spirit and intent of this code. The board
oouneil-may not permfE~s a variance any use that is not permuted under this code for property in
the zone where the affected land is located. The eoerneil board may impose conditions in the granting
of variances to insurecompliance and to protect adjacent property.
II. By amending Subdivisions 3, 4, 5, 6 and 7 of subsection 545.09 to read as Follows:
Subd. 3. Application.-.Application for the issuance of a conditional use permit is made to the
director. Proceedings: to classify certain uses as conforming uses may be initiated either by an
applicant or by the 1lpBt:A council.
Subd. 4. Public he The boa~d'council may hold such hearings on the proposal to issue a
conditional use permit at may consider necessary: but at least one public hearing shall be held by
the board or by a committee of commission to be designated by the board in any application for a
conditional use permit for. the establishments of any use listed in subdivision 1, paragraphs a and f.
Subd. 5. Conditions. The troerd council may not grant a conditional use permit unless it finds that
the establishment, i@t~tltenance or operation of the use for which the conditional use permit is
sought will not un~' the circumstances of the particular case be detrimental, (i) to the health,
safety, morals, cottrrrr!!!~~~~~~fort, .convenience or welfare of the persons residing or working in the
neighborhood of the eft (ii) to the public welfare or injurious to property or improvements in the
neighborhood.
Subd. 6. Other condiftna. The bet~rd council may not grant a conditional use permit unless it finds
that the establishment, maintenance or operation of the use for which the conditional use permit is
sought is in compliance with the (i) comprehensive municipal plan, (ii) an officially adopted
redevelopment plans and urban design guidelines, and (iii) applicable parking regulations and
landscape guidelines:
Subd. 7. Compliance. The board-council may impose conditions and require guarantees in the
granting of conditippn~~a4.atse .permits. Any use permitted under the terms of any conditional use
permit shall be estab conducted in conformity to with the terms of the permit and of any
conditions impose rson violates a term of the permit or any condition imposed by the
council in connecti grantor issuance of a conditional use permit, the council may revoke
such permit and all ibutable to such permit. In considering the revocation of a conditional
use permit, the city s teed as follows:
(a) Complaint. ctor shall review any complaints received by the city involving
property which is s_ to a conditional use permit, and shall determine whether, in the
director's judgment~i^ ion of the terms or conditions of any conditional use permit appears
to have occurred.
(b) Notice of Apparent~Violation. If the director dNermines that an apparent violationof such
terms and conditir xfate, the director shall cause a notice of violation to be mailed to the
owner of the prop orowner's agent and to any other person known to the City to be
conducting the use for which the Conditional Use Permit was granted. The notice shall:
(1) be in writing;
(2) pacticularizei ~ 'olation or violations Found to apparently exist and particularize the
remedial actions w st be taken to achieve compliance with the terms and conditions of
the conditional use '
(3) provide a r ble time, but not less than ten days, for the recipient to remedy the
violation or violatig0~ ~ ;ticularized in the notice; and
(4) inform the re~e4pient that if the particularized violations are not remedied within the
stated time period, i~he':dfrector will request the council to consider revocation of the conditional
use permit. '~,,,`
(c) Failure to Coppsy. When notice has been given in accordance with clause (b) above and
the recipient has fa#Fgd to correct the violations particularized in the notice within the time
allowed, the directll refer the matter to the city manager with a recommendation that a
bearing be held by until to consider the revocation of the conditional use permit. A copy of
the director's reco dation shall be mailed to the same persons who previously were mailed
the notice of violatioQn.~~
(d) Scheduling of,~9vring. If the city manager concurs in the recommendation of the director,
the manager sha~R sE~tedule a hearing before the council to consider revocation of the
conditional use pet~u3~. The date of the bearing shall be as soon as is reasonably convenient.
(e) Upon the scRtijttintfng of the hearing;ythe director shall furnish mailed notice of such to the
_ same persons who wee mailed notice of the violation. The notice shall:
(I) state the time, date and location of the hearing;
(2) describe wfiEli%aparticularity the violations or violation which will Form the basis of the
director's recomnerFhtion to the council;
(3) describe the recommendation which the director intends to make to the council with
respect to revocaNon• and
(4) inform 1H!`f'i:i!ipient of its opportunity to be present at the hearing, to be represented by
legal counsel durthe hearing, to present testimony and evidence and to cross-examine
witnesses.
The director also provide a notice containing the information described in subpara-
graphs (1), (2) and (S) of this paragraph to all other persons who would have been entitled to
notice had the he been to consider the granting of the conditional use permit.
(F) Determin he conclusion of the hearing, or as soon thereafter as is reasonably
possible, the render its written decision. The decision shall state the terms and
conditions of~the con t I use permit found to have been violated; and shall state the
determinate he net " 'th regard to revocation of the conditional use permit. The council
may, in lien it the conditional use permit to continue subject to such further
or additional ons as in its judgment are necessary to insure compliance with
the conditions council's writen findings and determination shall be mailed to
the persons who.wer stied the director's notice of violation. IF a conditional use permit is-
rEvoked, all user.` ylties which are permitted only by such conditional use permit shall .
immediately ~ her licenses and permits issued by the city which require, as a
condition of xistence of the conditional use, shall be subject to termination in
the manners a thiq;C: a or other applicable law.
III. By amenif se~c}~f~, 09 by adding thereto the following Subdivision 8:
Subd. 8. Other Aetoe addition to the procedure set forth above, the city may exercise,
with or separately frotAS~Y~ procedure, all and any other remedies and actions available to the
city including, but not limited to those contained in Sections 320 and 115 of this Code.
Passed by the City Council of the City of Richfield [his 8th day of February, 1988.
STEVEN J. QUAM, Mayor
ATTEST:
THOMASFERBER
City Clerk
(Feb. 17, 1988)-RICH