1989-10BILL NO. 1989-10
AMENDMENT TO CHAPTER V,
SECTION 520 OF THE ORDINANCE CODE
OF THE CITY OF RICHFIELD
THE CITY OF RICHFIELD DOES ORDAIN:
Chapter V of the Ordinance Code of the City of Richfield
entitled "Zoning: commercial districts" is hereby amended in the
following respects.
1. Subsection 520.31 is hereby amended to read as
follows:
C-3 high-density commercial district Subdivision
1. Subsections 520.31 through 520.57 apply to the
C-3 district.
2. Subsection 520.31, subd. 3, is amended by adding the
following new paragraph (g):
(Q) uses permitted in accordance with the terms of
a current and valid Transitional Activity
Permit issued pursuant to subsection 520.57.
3. Subsection 520.33 is amended to read as follows:
3. Nonconforming ~-ses structures. All provisions of
section 510 shall apply to this district except that
a nonconforming structure located on a single lot or
contiguous lots under a single ownership may be
expanded within any consecutive two calendar-year
period by no more than 10 percent of its gross floor
area, provided the expansion meets all other
applicable city ordinance requirements. T~
expansion of a nonconforming structure permitted
in this subsection shall not require the issuance of
a Transitional Activity Permit under subsection
520.57.
4. By adding the following subsection 520.57:
520.57 Transitional Activity Permits
Subd. 1. Purpose. The City Council recognizes that the
development potential within the C-3 district may require an
extended period of transition to be fully realized. The City
Council further recognizes that it may be appropriate and
desirable to permit, subject to the conditions and limitations of
this subsection, the owners of lands within the C-3 district to
engage in certain activities with respect to the land, the
structures or the•uses during the transition period which will
both permit commercial enterprises within the C-3 district to
remain viable but which will not have the effect of either
delaying the transition or increasing the public costs connected
with such transition. This subsection is intended to establish
the circumstances under which certain transitional activities may
take place and to set forth the regulations, limitations and
conditions applicable to such activities.
Bill No. 1989-10
Page 2
Subd. 2. Transitional Activities. The extension or
expansion of a nonconforming use or structure or the development
of a nonconforming parcel shall be referred to as transitional
activities.
Subd. 3. Permit Required. It shall be unlawful for the
owner or occupier of any land within the C-3 district to engage
in any transitional activity without having first obtained a
permit to do so. It shall be unlawful for the owner or occupier
of such land to engage in any transitional activity in
contradiction to the terms and conditions of any issued
transitional permit.
Subd. 4. Application for a Transitional Activity Permit
shall be made to the director on forms provided by the City and
shall contain or be accompanied by the following:
(a) a site plan drawn to scale showing the dimensions of
the parcel and the dimensions and locations of all
structures;
(b) in instances where the site is to be utilized in
connection with a use or structure located on a
contiguous parcel, the site plan shall contain the same
detail for the contiguous parcel;
(c) the proposed uses;
(d) the proposed modifications, alterations, renovations or
improvements to be made in connection with the
transitional activity, and the estimated cost of each;
(e) the time for completion of all modifications,
alterations, renovations or improvements;
(f) evidence of ownership or interest in the property; and
(g) the fee specified in Appendix D of this Code.
(h) the material they have to provide would include an
estimated market value before and after, the change
in taxes before and after, and change to potential
cost of public development.
Subd. 5. Public Hearing. The provisions of subsection
520.35, subd. 5 shall be applicable to public hearings concerning
the issuance of Transitional Activity Permits.
Subd. 6. Criteria and Standards. A Transitional Activity
Permit shall not be granted unless the City Council makes the
following findings:
(a) the transitional activity is in connection with an
existing use or structure allowable in the district as
either a permitted or nonconforming use or structure;
Bill No. 1989-10
Page 3
0
(b) the transitional activity will maintain the vitality
and economic success of the applicant's business during
the transition period of the C-3 district;
(c) the transitional activity will not have an adverse
impact upon development of land within the C-3 district
~n the manner intended for the district under the
City's land use regulations or its comprehensive plan;
(d) the transitional activity will not materially increase
the potential public cost of development within the
C-3 district; and
(e) the transitional activity will be compatible with
surrounding uses, will have no adverse impact upon
surrounding properties, and will be in full compliances
with all standards and requirements contained in this
code applicable to uses and structures in C-2
districts.
Subd. 7. Duration of Permit. Any Transitional Activity
Permit granted by the City Council shall state on its face the
expiration date of such permit.
Subd. 8. Conditions. In approving a Transitional Activity
Permit the Council may place conditions and limitation upon the
permit which, in the Council's discretion will assure:
(a) that the transitional activity will be compatible with
surrounding uses;
(b) that the activity is merely of a transitional nature
and will not impede the orderly development of the C-3
district; and
(c) that the public costs occasioned by the ultimate
development of the C-3 district will not be materially
increased as a result of the transitional activity.
Subd. 9. Revocation. The City may revoke any Transitional
Activity Permit granted under this subsection. The procedure to
be followed in considering such action shall be the Same as the
procedure described in Subsection 545.09, subdivision ? of this
code.
Subd. 10. Permit Not Assignable. The right to engage in
transitional Activities shall be the personal right of the
permittee names on the permits; and may not be transferred or
assigned to another even though such other person or entity may
succeed to permittee's interest in the land. The permit shall
terminate upon such transfer or assignment, and permittee's
successor in interest in the land shall not engage in any
transitional activity until such successor has obtained a new
Transitional Activity Permit.
Bill No. 1989-10
Page 4
Passed by the City Council of the c3t~ of RirhfialA
Minnesota this 13th day of Novembe
ATTEST:
~ ~ ~ ~
~t ~^ ~
Thomas P. Ferber, City Clerk
~ ~
I
~~
1
Minnesota Suburban Newspapers ~ ~,- o>t RfcMt~eld
(o
AFFIDAVIT OF PUBLICATION B
~ ~
5~~
o
OF THl7
Tf~ C1TY OF RICHFIFd.D DOIIS ORD
Chapter V of the Ordinance Cade of the CI
STATE OF MINNESOTA) is hereby amended in the following res
mm~'~amen
1'
~ae ~
SS. c3wgh
e
to the C-3 dieErtek
COUNTY OF MENNEPIN) 2. Subsection 520.31, subd. 3, is ame
p~eeordance
i~~
ty t
3. Subsection 520.33 is amended to
G r @ r>:O r Y P ~ 8 C in ,being duly sworn on an oath says that helshe ~ 3. Nonconforming uses atruchucs.
except that a nonconforming stra
a single ownership may be
t of i
y
b
f
l
the publisher or authorized agent and employee of the publisher of the newspaper known as a
r
le ci
o
ydinance
~ ~ ~, t~ 81~n en~aun"
anger snbsection 520.57.
R i e h-fie ! d Sun-Current ,and has full. knowledge of the facts which are 4. lay adding fire following subaectio
~•~ Transftional Aetivtty permits
Subd
L P
Th
(
Yt
C
.
urpose.
e
,
y
ouncil rec
district may cegah~e an extended Qeriod oP
rec
i
th
t it
b
stat@d belOW. ogn
zes
a
may
e appropriate and
' lions of this subsection, the owners of lames
with respect to the lend, the structures or
~ permit commercial enterprises wit3tin the
~
'
(A) The newspaper has Complied with all of the requirements constituting qualifle:ation as a qualified newspaper, the effect of either dale
the transition or
sitton This subsection u;~mtended to estab
activities xpay fake place and to set forth
to such ac ' ties.
aS provided by Minnesota Statute 331A.02, 331A.17'/, and other applicable laws, as amended. subd. 2. Transitional Activities. The exte
lure or the development of a nonconfo
bbd. 3. Permit Required. Lt shall be unla
C-3 di
tri
t f
8 The tinted B i ~ t f~ 19 S 9- t)
) p ~ ,~. s
c
oe e m any tra~itfonal a
for the owner or octopi
~
~
to the terms and eondltio
Subd. 4. Application for a Tran$itional Ac
provided by the Clty and shall centain or
(a) a'site plan drawn to scale sh
and locatioffi of all structures;
(b) in.inetances where t}x site is to
which is attached was cut from the Columns of said newspaper, and was printed and published once each week, ~~~ ~ ~O1S ice. ~ ~~ ~°
proposed uses;
(d) theRroposed modifieatioms, al
for one successive weeks; it was firs published on W e d n e 8 d ~ Y ,the 22 day eonnechen withcrompl~
(e) the time for
(f) evidence of ownershipp or mte
(
) th
f
if
d
gg
e
ee spec
ie
in Appendix
(h) th
i
of N o v e M 6 B r , 19~Q, and was thereafter printed and pwblish~l on every t0 e mater
al they have top
and after, the change in taxes bef
developpmenk
Subd. 5. Pabltc Rearing. The provisions of
~ h
and including ,the day of , 19 ;and printed Flow is concerning the issum,u.e of Transi
I ~5. Crltcrla and Standards. A Traci
City Council makes the following findings:
(a) the tra~itional activity is in co
a copy Of the lower case alphabet from A to Z, both inclusive, which is hereby aCiCnOWledged as Ding the size m the district as either a permi
(b) the transitional activity will ma
cant's business during fire transitio
and kind of type used in the composition and publication of the notice: (c) the transitional activity will no
within the n-3 dietriet in the maim
regulations or its comprehensive p
(d) the transitioml achvltp will not
abedefghijklmnopgtstu went within the C-3 district; and
(e) the transitfo~l activity wiD be
~ impact upon suri7wnding properti
and requirements contained in this
BY Subd. 7. Dw~ation of permit. Any Transiti
state on its face the expiration date of
Subd. 5. Conditions. In ap a Trusi
1 lions and limitation upon thpe permit wtri
TITLE: (a) that the transitional activity
(b) that the activity. is merely of a
development of the C-3 district;
Acknowledged before me on this (c) that the publle costs occasionei
s
s
bd
s R
v
at
o
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m
c
~
y
~
a
u
,
e
o
l
n
The
(Y
ty
m
r
ev
oke
a
subsection The procedure to be followed in
A ~
day Of
.
19 cam' cedure described in Subsection 545.08, s
.
, Subd, lo. permit Not Assignable. The righ
soml right of the permittee names on We
I another even though such other person or en
-~J I The permit shall terminate upon such
N II latest in the land shall not engage in a~
e
a
T
ifl
l A
~AEf~It~L HE08LQM n
w
racu<
ona
ctivity Fermit.
Passed by the City Council of the City of
loOTAftY P~1.IG-MfA~90FA
6~iEidhtEPiW CWJAIIY
~ ~~~~ ~ y'"$'~ ! ~~,.
~ THOM
AS P. FERBER,
i City Clerk
(Nov.
RATE INFORMATION
(1) Lowest ciatasifitad rate paid by comrnercial•utaers $ 1.00 per line
for comparable space (Line, word, or Inch rate)
{2) Maximum rate allowed by taw for the above matter $ ~ • S9:Om per line •
{Line, word, or inch rate)
(3) Rate actually charged for the above matter $ 53.74,~er line
(Line, word, or inch rate)
--- - V
City of Richfield _
- (Official.Pubflcatfon)
AMENnn~vT ToiictrarrER v,
3Ep1'fON 520 OF THE ORDINANCE CODE -
CITY ~-~ OF THE ~Ty OF RICHFIELD
Chapter V of the Order ofd ~ ~~eld entitled
is hereby amended in the following respects, `~+~: eomin®rcial districts" r
1• Sul~errSon 52031 is hereby amended to read as follows:
two ~e C~ 3 d~jsh~eG~tierotal d>strYet. Sv6etivision L 9t~Se0ttoa~ 82D.S} V~ro~}~ 8157 apply .~~
2• (> lion 520,31, subd 3, is amended by adding the following new ,
gg permitted iti a parao g
tivlty Permit issued eeordanee with the terms of a curent and vafld ~ h ()
3. 3ubsecSon 52038 is a~~ tO subsection 520;57. .~,.-. nai Acs
h8 j8 8. Nonco ended trs~ es foltews: "`_
tat I except Sia'~Ort~a° on strdeturP i~oeaiOte~ei"~s~ben sin aha11 appply to this citstriet
asingle ownership may be s~gle.lat.pr coatlguoue lots under
known ag ~i~e aiE~~n lordinaut of i°dgr~ ~ Pia ~e ~ ~ ~~ffia'
mittgd io this aubsecSon s@ments; The expar~ien of a nouconformhrg structure per-
r~r subsecSon 5104 ,57. r~'e the issuance of a 3Y~ansitioaal Aetyvity Permit
4, By-aelding Ste fish
S. which af8 S2(i.57 ~ansiSoaat Aehivitygerm{st~saeotion 52(1.57:
I. Sttbd. L Purpo~, The ty Couppnee~] reeognizev that Ste development
lha~ be appropriate and transition to be fully tesa)iy~, ~ n~al ~ S~ C-3
lions of this a Council further
nbaectl011, the OWner's Of land$ w~bl~ ~ ~~t~ 8nb~t t0 tilE QOn~tifN16 andlitnita-
wlth respect to the land, Ste structurcy or ~e~ the G3 district to engage in certain activities
}?ermit cenrmercial enterprises within the C- ~trict~togreomain vIabi3}e bu whtch~will not )
fl8W8~@~ I sitio~~ either delaying the transition or ineteaeing the public costa connected wlthsuch trap-
~ aetivittes spasubsecSon is intended to establish Sic eir'cumatances under which certain transitional
~ to suck aetivtySe~s, a place and to set forSs the r¢gn}ahons, )t~s~~,goy~ and conditions applicable
lhtbd, 2. 'I1'ausiSoaal Aetlvities. The extension ~ expansion of a nonconfo
lure or fire development of a nonco rtning ass or atrac- .
3ubrL 3 Permit Required, It shall~be u~yawfpaTiil for the awneruptO: as traranvittonal activt3
R st al met ~ m aqy tranaiSonal activity without ha ' Ier of aqy land within
^'----------- unia~for the owner or occ ter of v~ ~t °b~med a perndt to do so
in coatradictton to the uP sdc6 land to engage in any transitional activity
terms and eondiSons of any issued transitional pesy~~
. Subd. ~. Application for a Ti~ansiSonai AcSvity Permit shaIl be made fo the motor on forms
~ Pr'ovided by Sic Cittyy and shall contain or ~-~a ~
"'-""~-~^ (a a site plan drawn to scale sh ~ ~Omp~nted by fire fellowsng
and locations of all atruetures; ~ dimensions of the patTei and the dfanensions
Bach W~ fb) in: ~ where the site is to be utilized is conneoSon with a use ~ straetin+elneated
on a con '
(c)"the proposed ~ ~ site plan sbaLi ~nta~ the same detail for the c~ontigtwus parcel;
(d) ~e~r°Posed modifieationg, alterations, renoveSons or im
connection with the transitional activity and the estimated cwt of ~ch;to be made in'
~/ (e) the time for compleSon of all modifi
(f) evidence of ownership or interest in the~pr ~ Sow or ~P~ementy;
(gg) the fee specified in Appendix D of; this Code.
(lt) the maters®1 Choy have to provide would melude an estimated market value before
~ llaopRppem~ change in taxes before and after, and change to potential cost of
Snbd. S. Purub~ic R Public
cones earing,l$e Provisions of subsection 5~ 35, sutid, 5 shall be a
d ~O1Al ~$ h~ Cnlterl~g Stagynuance of 11~a~itional Activity Permits. PPUrablet8public
City Council makes fire foIId~. A Tranaitiona Activity Permit shall not be
(a) the trartaitiottal ~5ndings: ~~ granted unless Sic.
lg thB SIZ@ in the district as either a ~ ~ ~ connection wiSr art existing use or structure allowable
(b) the transitional aetivi pernrftted or noncoffiorming use or structure;
cants business ~' will maintain the vitality and er:onomtc sncc~.vs of the aPPg-
dmting the transition period of the C-3 district;
(c) the transitional activity will not have an adverse
within the G3 d~trict in the manner intended for the 8istrict n~0nder~the City s tend ~d
(d ~hons or its eemprei~ensive PY~~
"~_ meat wi~Sv'nffitfh c- ~~~ ~~ matelally increase Stepatentiai pnbke cost of develop.
~...+ (e) the h'affiitio~i activity will be hole
yN . imntpact upon surroun ~~ ~ wig uses, will have no adverse
and rcguirements ~~ in ~ erode app~l(11 be in full come "ances with all standards
Subd. 7. Iruration of Permit. Any 1tansitional Aet3vIeable to yes and structures ip C•2 districts.
'-'^"^- state on its face the expiraSon date of suchper+mit. ~ Permit granted by the City Council shall
Sulsd. 8. Condition. In a~ ~a. ~ ltional Activity Permit the Council may place condf-
tieffi and ]imitation upon the
(a) that the tratffiySonal activlty~willmbe~ Councils discretion will asstue:
(b) that the activity is measly of a tram9ihc o~ title with surroundissg ~;
dwelopmetrt of the C-3 district; and °atuce and will not impede the orderly
not be mama~r~~i~y ~ ~ on~ioned bq the ultimate development of the C3 district will
Subd. 9, Revocation. The C! myo tiof the transitional activity,
aulssectien. The Pracedr>re to 6e followed in eoffiidSo~ Activity Permit granted under this
described in Subsection 545.09, snbdivic8on 7~of n shall be the same as Sts pro•
Not Assignable, The right to engage in trenaiSonal AcSvlties shaD be the Per-
anotltareven Pormittee namp~~on ~~Potirmits; and may not be transferred or assigned to
The Permit shall~termin~a ~ ty may succeed to
upon. such transfer or assignment, and perarlttae'srest in the land.
Aer+eat in the land sha3 not engage is auy trar~lSonal activi successor in in•
a new 11'ar~iSonal Activity Permit. t3' until such successor bas obtained
. Passed ~ ~ ~Y Council of the Clty of lttebgeld, Minnesota this 1331 day of November;
STEVEN J QUAM
TFIOMAS P. FEIiBER Mayor
City Clerk
- --- __ -- (Nov. 22, 1989)-RICH
I- - -r ~ - _._~----