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1991-04BILL NO. 1991- 4 AMENDMENT TO SECTION 515 OF APPENDIX H TO THE ORDINANCE CODE OF THE CITY OP RICHFIELD THE CITY OF RICHFIELD DOES ORDAIN: Section 515 of Appendix B to the Ordinance Code of the City of Richfield is hereby amended by adding thereto the following new subsections. 515.69. _ Curing Non-permitted Uses and Structures Statement of Policy The city council has become aware that there exists a number of instances of uses and structures which, for a variety of reasons, are not permitted within the residence district in which they are located. •The council is, however, mindful• that many such uses and structures have existed. for long periods of time in harmony with surrounding permitted uses The council believes that with respect to many such uses and structures, it is in the best interest of the City and of the owners of the property on which such uses and structures are located, that they be allowed to continue. The council also believes that, in many instances, requiring the owner of the property to pursue the other procedures contained in this Code could result in an unnecessary hardship. Therefore, the procedures contained in Subsections 515.71 through 515.73 of this Code are intended to provide an expeditious and reasonable method__wherebv certain non-permitted uses and structures may be made lawful and permitted. 515.71. Uses Allowed in the District with Conditional Use Permit. Subd. 1. Application. The owner of propert y containing a use which would be p ermitted as a conditional use in the district may make application to the Community Develop ment Department ("Department") for a conditional activity permit ("CAP'S Application must be made on forms provided by the Department for that purpose The application shall be accompanied by a fee in the amount established in Appendix D of this Code ~; r•~-~; Bill No. 1991-4 Subd. 2. Department Review. Upon receipt of a complete application and required fee, the Department shall conduct such investigation of the matter ~as it deems appropriate. The Department may involve other departments of the City in its investigation and may require other and further information from the applicant as may be required to complete its investigation. Upon completion of its investigation, the Department shall make a written report and recommendation to the planning commission. The report must contain an analysis of the criteria described in subdivision 3(g) of this subsection. Subd. 3. Planning Commission Review. ~ Public notice. Notice of the planning commission consideration of the application shall be made in the manner provided in Minnesota Statutes Section 462.357, Subd. 3. Public hearing. The planning commission shall hold a public hearing on the application. At the public hearing, the planning commission will consider the report and recommendation of the Department. and anv information which the applicant or other interested parties wish to provide, and may consider such other information as the planning commission believes will assist it in reaching its decision. ~ Decision. Following the public hearing, the planning commission will make its findings and recommendation regarding the application Its recommendation may also include conditions which it believes should be attached to the CAP or to the granting of the CAP. The findings of the planning commission must include an analysis of the criteria contained in subdivision 3(R) oP this subsection ~ Procedure following planning commission decision The application will be referred to the city council for decision in accordance with paragraph (e) of this subdivision in the followin instances: Bill No. 1991-4 i~ the planning commission specifically recommends such referral; iii the planning commission recommends denial of the application; iii2 the planning commission is unable to adopt a recommendation as to approval or denial; or iv the planning commission has recommended approval following a recommendation of denial by the Department. In all other instances, the application shall be referred to the Department for a decision in accordance with paragraph (f) of this subdivision. ~ Referral to the council. Public notice. The council may, but is not required to, give public notice of its consideration of the application The council shall give notice of the time and date of its consideration to the applicant. ii Consideration. The council will consider the report and recommendation of the Department, anv findings and recommendations of the planning commission, anv information offered by the applicant or other interested persons and anv other information which the council believes will assist it in consideration of the application. ~ Following the receipt of all such information, the council will make its decision concerning the application The decision must include findings regarding the criteria contained in paragraph (g) of this subdivision. If the council approves issuance of the CAP, it may place conditions on such approval or the CAP Upon approval of the CAP and the satisfaction of anv pre-conditions to issuance, the Department shall Issue the CAP. C Bill No. 1991-4 _.r,.~yi~Y:r,h +: y~=~" ~f Referral to department. The Department shall notifv the applicant of anv . preconditions to issuance of the CAP, and if none, or when satisfied, the Department will issue the CAP subiect to anv conditions which the Department deems appropriate. ~ Criteria. No CAP may be recommended or approved unless the following criteria have been found to exist: the use meets all of the standards contained in this Code for the issuance of a conditional use permit; ii the use has existed in substantially its present form for at least 15 ears• iii during its existence no complaints of adverse neighborhood impacts have been reported to the city; iv the use was established either by a prior owner, or by the current owner upon a good faith belief that the use was lawful when established: and v~ if the CAP relates to an existin structure the structure either conforms to the current requirements of the building code, or the requirements of the building code as of the effective date of the CAP,_ or the buildin¢ official and applicant have agreed upon a compliance schedule which will bring the structure into compliance with the applicable building code according to the terms of the schedule. CAP -effective date. The CAP shall be deemed effective on the date of issuance unless the issuing authority determines that, for Rood cause shown by the applicant, the CAP should be effective as of an earlier date Bill No. 1991-4 CAP• relationshi to CUP. Once issued a CAP shall be treated in all ~ _ respects as a conditional use permit and shall be subiect to all of the provisions of _ this Code regulating conditional use permits. 515.73. Use or Structure Not Permitted in the District. Subd. 1. A lication. The owner of property which contains a use or stri~nr~~,•e ...~,;..~.:_ .._. ____~«_ , . ._ __ in which it is located ma make a lication for anon-conformin use ermit "NUP" . - Application must be made on forms provided by the Department for that purpose The application shall be accompanied by a fee in the amount established in Appendix D of this Code. Subd. 2. Department review. U on recei t of a com lete a lication and re wired fee the De artment shall conduct such investi ation of the matter as it deems appropriate. The Department may involve other departments of the City in its investigation and may require other and further information from the applicant as may be o complete it m C'~ m subsection. __ Subd. 3. Plannin¢ commission consideration. ~ Public notice. The lannin commission ma but is not re wired to 've public notice of its consideration of the application. The planning commission shall direct notice of its consideration to the a licant. Consideration and decision. The lannin commission will consider the report and recommendation of the Department, any information offered by the applicant or other interested persons and any other information which the planning commission believes will assist it in consideration of the aoolinntir,n u„»,,..,:......._ 5 BiIY No. 1991-4 recei t of all such information the tannin commission will make its findin and recommendation concernin the a lication. The decision must include findin regarding the criteria contained in Subdivision 4(c) of this subsection. The planning commission may recommend that the council place conditions on approval or on the NUP. Subd. 4. Council consideration and decision. ~ Public notice. Notice of council consideration of the a lication shall be made in the manner provided in Minnesota Statutes Section 462.357, Subd 3 Public hearin At its ublie hearin the council will consider the re ort and recommendation of the De artment an findin and recommendations of the planning commission, anv information offered by the applicant or other interested Persons and anv other information which the council believes will assist it in consideration of the application. Following the receipt of all such information, the council will make its decision concernin the a lication. The decision must include findings regarding the criteria contained in paragraph (c) of this subdivision. If the council a roves issuance of the NUP it ma lace conditions on such approval or on the NUP Upon approval of the NUP and the satisfaction of anv pre-conditions to issuance, the Department shall issue the NUP_ ~ Criteria. No NUP may be recommended or approved unless the following criteria have been found to exist: an structure meets all of the standards contained in this Code for the issuance of a variance; ii the use or structure has existed in substantiall its resent form for at least 15 veers; Bill No. 1991-4 iii during its existence no complaints of adverse neighborhood impacts have been reported to the city; iv the use or structure was established either by a prior owner, or by the current owner upon a good faith belief that the use or structure was lawful when established; and vZ the structure either conforms to the current requirements of the building code, or the requirements of the building code as of the effective date of the NUP; or the building official and applicant have agreed upon a compliance schedule which will bring the structure into compliance with the applicable building code according to the terms of the schedule. ~ NUP -effective date. The NUP shall be deemed effective on the date of issuance unless the council determines that, for Rood cause shown by the applicant, the NUP should be effective as of an earlier date. ~ NUP -effect on use or structure. Upon issuance of a NUP, the use or structure to which the permit relates shall be deemed anon-conforming uses or structure and shall be sub9ect to all of the provisions of this Code regulating such uses or structures. Passed by the City Council of the City of Richfield, Minnesota this 22nd day of Apri 1 , 1991. CITY OF RICHFIELD a ~ f~ a ~ ~~ "~' ~~~ ~~ Martin J. Kirs~l~, Mayor ATTEST: ~ ~.~ Thomas P. Ferber, City Clerk 7 Minnesota Suburban Newspapers AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA) SS. COUNTY OF HENNEPIN) Gre~orv Ptacin 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 ,and has full knowledge of the facts which are stated below. (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 printed Bill N o . 19 91- 4 which is attached was cut from the columns of said newspaper, and was printed and published once each week, f r one successive weeks; it was first published on W e d n e 5 d a Y ,the 1 day M a Y , 19 91 ,and was thereafter printed and published on every to and including ,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: srt / ~ - -"~~ -- abcdefgtrijklmnopgrs`vtv~z y/\ >~-~;/_,w~w,~~ / _ _ Y ~i ~, /~/' TITLE: ~`ene ra ! Manage r Acknowledged before me on this 1 day of M a v , ~jg 91 F ~ fJt~~l~3~~- ~. ~~~..~i~ <~ NCE74~tV ritl0iigftiE~DTP; ~-"'~' l~Irtvit~Pii~ I~ef~VTY '~' -c,1~''' AfY G~GE41~Ipl~i ~'kPIP~fi ~ 2~ RATE INFORMATION (1) Lowest classified rate paid by commercial users $ 1.10 per line for comparable space (Line, word, or inch rate) (2) Maximum rate allowed by law for the above matter $ 64.9¢ per line (Line, word, or inch rate) (3) Rate actually charged for the above matter $ 59Q per line (Line, word, or inch rate) City of Richfield (Official Publication) BILL N0. 1991-4 AMENDMENT TO SECTION 515 OF APPENDIX 8 1'O THE ORDINANCE CODE OF THE CITY OF RICHFIELD TIC CITY OF RICI~'IELD DOES ORDAIN: Section 515 of Appendix B to the Ordinance Code of the City of Richfield is hereby amended by adding thereto the following new subsections. 515.69. Curing Non-permitted Uses and Structures. Statement of Policy. The city council has become aware that there exists a number of instances of uses and structures which, for a variety of reasons, are not permitted within the residence district in which they are located. The council is however, mindful that many such uses and structures have existed For long periods of time to harmony with surrounding permitted uses. The council believes that with respect to many such uses and structures, it is in the best interest of the City and of the owners of the property on which such uses and structures are located, that they be allowed to continue. The council also believes that, in many instances, requiring the owner of the property to pursue the other procedures con- tained in this Code could result in an unnecessary hardship. Therefore, the procedures contained in Subsections 515.71 through 515.73 of this Code are intended to provide an expeditious and reasonable method whereby certain non-permitted uses and structures may be made lawful and permitted. 515.71. Uses Allowed in the District with Conditional Use Permit. Subd.1. Application. The owner of property containing a use which would be permitted as a conditional use in the district may make application to the Community Development Department ("Department") for a conditional activity permit ("CAP"). Application must be made on forms provided by the Department for that purpose. The application shall be accompanied by a fee to the amount established in Appen- dix D of this Code. Subd. 2. Department Review. Upon receipt of a complete application and required fee, the Depart- ment shall conduct such investigation of the matter as it deems appropriate. The Department may involve other departments of the City in its investigation and may requ'u•e other and further information from the applicant as may be required to complete its investigation. Upon comple- tton of its investigation, the Department shall make a written report and recommendation to the planning commission. The report must contain an analysis of the criteria described fn subdivi- sion 3(g) of this subsection. Subd. 3. Planning Commission Review. (a) Public notice. Notice of the planning commission consideration of the application shall be made in the manner provided to Minnesota Statutes Section 462.357, Subd. 3. (b) Public hearing. The planning commission shall hold a public hearing an the ap- plication. At the public hearing, the planning commission will consider the report and recommendation of the Department, and any information which the applicant or other interested parties wish to provide, and may consider such other information as the plan- ning commission believes will assist it in reaching its decision. (c) Decision. Following the public hearing, the planning commission will make its find- ings and recommendation regarding the application. Its recommendation may also in- clude conditions which it believes should be attached to the CAP or to the granting of the CAP. The findings of the planning commission must include an analysis of the critena contained in subdivision 3(g) of this subsection. (d) Procedure following planning commission decision. The application will be refer- red to the city council for decision in accordance with paragraph (e) of this subdivision in the following instances: i) the planning commission specifically recommends such refen•al; ii) the planning commission recommends denial of the application; iii) the planning commission is unable to adopt a recommendation as to approval or denial; or iv) the planning commission has recommended approval following a recommenda- tion of denial by the Department. In all other instances, the application shall be referred to the Department fora deci- sion in accordance with paragraph (f) of this subdivision. (e) Referral to the council. i) Public notice. The council may,. but is not requred to. give public notice of its consideration of the application. The council shall give notice of the time and date of its consideration to the applicant. ii) Consideration. The council will consider the report and recommendation of the Department, any fmdings and recommendations of the planning commission, any information offered by the applicant or other interested persons and any other information which the council believes will assist it in consideration of the ap- plication. Following the receipt of all such information, the council will make its decision concerning the application. The decision must include Cmdings regard- ing the criteria contained m paragraph (g) of this subdivision. If the council ap- proves issuance of the CAP, it may place conditions on such approval or the CAP. Upon approval of the CAP and the satisfaction of any pre-conditions to issuance, the Department shall issue the CAP. (f) Referral to department. The Department shall notify the applicant of any precon- ditions to issuance of the CAP, and if none, or when satisfied, the Department will issue the CAP subject to any conditions, which the Department deems appropriate. (g) Criteria. No CAP may be recommended or approved unless the following criteria have been found to exist: i) the use meets all of the standards contained to this Code for the issuance of a conditional use permit; it) the use has existed to substantially its present form for at least I5 years; iii) during its existence no complaints of adverse neighborhood impacts have been reported to the city; iv) the use was established either by a prior owner, or by the current owner upon a good faith belief that the use was lawful when established; and v) if the CAP relates to an existing structure, the structure either conforms to the current reyuu•ements of the building code, or the requirements of the building code as of the effective date of the CAP; or the buildmg official and applicant have agreed upon a compliance schedule which will bring the structure into com- pliance with the applicable building code accaniing to the terms of the schedule.. (h) CAP -effective date. The CAP shall be deemed effective on the date of issuance unless the issuing authority determines that, for good cause shown by the applicant, the CAP should be effective as of an earlier date. (i) CAP: relationship to CUP. Once issued, a CAP shall be treated to all respects as a conditional use permit and shall be subject to all of the provisions of this Code regulating conditional use permits. 515.73. Use or Structure Not Permitted in the llistrict. Subd. 1. Application. The owner of prop- erty which contains a use or structure which is not permitted to the district in which it is located, may make application for anon-conforming use permit ("NUP"). Application must be made on forms provided by the Department for that purpose. The application shall be accompanied by a fee to the amount established in Appendix D of this Code. Subd. 2. Department review. Upon receipt of a complete application and required fee, the Depart ment shall conduct such investigation of the matter as it deems appropriate. The Department may involve other departments of the City in its investigation and may require other and further information from the applicant as may be required to complete its investigation. Upon comple- tion of its investigation, the Department shall make a written report and recommendation to the planning commission. The report must contain an analysis of the criteria described in Subdivi- sion 4(c) of this subsection. Subd. 3. Planning commission consideration. (a) Public notice. The planning commission may, but is not required t0. give public notice of its consideration of the application. The planning commission shall direct notice of its consideration to the applicant. (b) Consideration and decision. The planning commission will consider the report and recommendation of the Department, any information offered by the applicant or other interested persons and any other information which the planning commission believes ~ City of Richfield (Official Pubfieation) BILL NO 1981-4 ' AMENDMENT TO SECTION 515 '~ OF APPENDDi 8 TO THE ORDINANCE CODE OF THE j CITY OF RICHFIELD THE CITY OFARIC>~IEI.D FO>afi ORDAIN: ty y amended ` Section 515 of ptphen B to the Ordinance Code of the G5 of Richfield is by aflding ~thel+eto a followm new subsechoas. berme aware mat ~a a mbarinstances oes amend strae whiff for a varle~ttyy of reasace, are ustpermitted within the roaidace tiistt3ct-ia which they are located. The coundl is however mifldfal that maw each uses and straetmvs have exited for ~ periods of time in ~ t~ slraCtmros, it is ia~t~ilntereat of the C~riq and of the owns ~ thepropetty ~ whieb such uses and straettares are !seated, that they be allowed to continue. The e~cit aEo believes that. io many instances, regmirhtg the owner of trite property to pursue the other procedmres two- tamed inthis Cade twuld result in n anneeessary hardship. ThereYore, the procedures tontained in Sabsediens 515.71 through 515.73 oe this cede are intended to provide an antl• ; rase©nable atethofl whereby certain non-permittefl uses at-d shvsd~ may be ma$e lawful aad 1»'- 515.7~ Uses Allowed in the District with Conditional Use Permit. Sahd.1. Appfieation. Theeaner ' of twntaining a use which would be permitter as a cendidtonal ~ in the distr&d may j maksp application to the CommnaiEy Develepmeut Department ( p ant^) far a cwaditiional aCtlvity permit (^CAP^). Appfioatlon mast be made an forms ~rr~wld~ by the Department for I thatpurpose. The application shaft be accempanied by a Pee in the amount estabBshed in Appea- '~ din b of thin Cade. Subd.2 DepartmentReview Upon ret~rtof a complete app!fatten andrequlredPee, the Depart I meat shall twmdnot each invatigation of the matter as it leans appropriate. The Department may involve other departments of the City in its investigation and may rt~~uu~~ ether and Prather ~ infm~matioa from the appliant as may be required to complete its invatlgaCinn. ilpan c~Omple• thin of its investigation, thhe 7epartment shall make a written report and rocommea to the planning ceatmission. The report mast contain an analysis of fire eriteru described in sabdivi- stop 3(g) of this subsection. ~ Sttbd. 3..Phtnning Commisslsn Review (a) Public aotlve. NoBce of the planning cemmission ruffiideration of the gglitsathw j shad be made in the manner provided in Minnesota Statutes Section 462.357apSmbd. 3. (b) Pablie hearing. The planing commission shall hold a pubfie hearing oa the ap- pliatlon. At the public hearing, the planning commission wID eonsld~ the repm~t and i recentme~atin ep the Department, nd any bttormatim which the applicant or other interested parhtes wish to provide, nd may consider such other iutermatitat as the plain ping tatmmigslon believes wID assist it in reaching its decision. (c) Deelsion. Followhg the pnbHe hearing, the phoning commission wHl make ifs ffiad- j tugs and tmrsmmendatlsn regarding the application. Its recemmendabioa may ado 3a- i elude Con~h'ens which it believes should be attached to the CAP or to the granting of the CAI? TLe fimiings of the planning commissin must inelada n analysis of the tafteria twatainefl in gubdivfsin 3(g) oY this anbseetion. (d) Procedmro Yellowing planningg cemmission decision. The application wID be refer- red to the eRy eoneil for decis~ton in accordance with paragraph (e) of this subdivisin in the Pellewiag instnces: i) the planning cemmission spedficaDy recommends such referral; ii) the planning commission recommends denial of the applicetlea; ' iii) the planning commission is enable W adopt a recommendation as is approval i or denial; ~ iv) the pbmning commissin has reeommended approval fallowing a recommenda- tint of Haute! by the Department. In all other intances, the applitwhton shaft be referred to the Department for a deci- i stop in actwrdance with paragraph (f) of this subdivision. i (e) Referral to the conciL i) Public pollee. The council may, but is sot required to, give pubbic notice of its j esnslderation of the appfiatioa. The ceanall shall give notice of the time and .' date of its vnsideratin to the applicant. H1 Consideration. The council win consider the report nd trocemme~ation of the ~ Department, any findings and recommendations of the phoning cemmission, any information offered by 6he applicant tv rther interested pets and any ~Ltar htformatin which the cenci) believes will assist it in consideration of the ap- pfitwtin. Following the receipt of ad such information, the twndl will make Its deehdon cencerning the application. The decision must include findingsregard- ing the criteria contained in paragraph (g) of this subdivision. u the cenacil ap- ptroves issuance aF the CAP, it may place conditl®ns on such approval or the CAP. Upon approval of the CAP and the satisfaction of an9 pre-ceaditio~ to issuance, the Department shall issue the CAP. (f) Referral to department. The Department shall notify the appplicant of any precen- ditien to issuance of the CAP,• and if none, or when satlafied, the Departmem will issue the CAP snbjeet to any conditioffi, which the Department deems approppriate. (g) Criteria. No CAP may be recommended or approved pleas fhs fallowing criteria have beau found to eedst: i) the use meets all oP rho staedards centained in this Code for the issuance of a cenditioaal use permit; ' ii) the use has esisfed in snbstntiaDy its present form for at least IS years; iii) dmrtng its existence no complaints of adverse neighborhood impacts have been i reportefl to the ~it~~ iv) the use was established either by a prior owner or >ry the cm~rent owner mton a good faith belief that the use was lawful when established; and v) ff the CAP relates to n ettistiag atroctare, the strnctmro either eenforms to the ` current eats of the bm4dmg code, er the t~sp~sinents of the bmuding code as aP tame smeffective data of the CAP; or the bmllding afi'ieial and appllmnt ~ have agreed upn a compliance schedule which wlfi bring the stracdo'e into cum- (h) CAP peffeetive date. 7~e CAPlshahmIlb~e deemed effsetive an the datm~e of issaanes ml~ mess the iasaing authority determines fha4 for good cease shown by the appStwmt, the CAP should be effective as of n earlier date. (i) CAF': relatioffihip to CUP. Once issued, a CAP shall be treated in all respects as ~ . a conditional use permit and shall be subject to all of the provision of thin Cade regulating conditional use permits. 515.78. Use or 3tractm~e Not Permitted in the Dlstriet. Subd.1 Apppficetion. The owner ofprop- i arty which contains a use or strectm~e which in not permitted in the distrld in which it is located, i may make appfieatisn for anon-conforming use permit ("N[JP^). Application must be made oa forms provided by the Department for that purpose. The appficetion shall be aceempawted by a fee in the uncut established in Appendix D of this Code. Snbd. 2 Departmem review Upn receipt of a complete appltcatin and regohseti fee, fLe Depart mat shall cendnet each investigation of the matter as it deems appropriate. The Department may inrolve other departments of the City in its inveatigatin and may seqquuiitt~~e other8nd fm~tlter informatin from the applicant as may be regmtred to complete its inv~dgation. Upon cemple• lion of its iovesiigation, the Department shall make a written re and reeommeadatlen to the planning commission. The report must contain an analysis of the criteria described in Subdivi- sion 4(c) oP this subsection. Sabd. 3. Planing cemntission consideration. (a) Public notice. The phmmiag commission may, but is not req tq, ~1ve pnbliC notice of its censhlmation of the application. The planing commission s~hal! direst notice of its consideration to the appplicant. (b) Consideration nd decision. The planing commission will consider the report and recommendation of the Department, ny informaton offered by the applicant or other interested persons and airy other information which the planning commission believes will assist it in consideration of ties applicator. Following ills zeoetpc er sdt such ~aior- mation, the punning commission will make its findings and recommendation concern- ing the application. The decision must include findings regarding the tuiteria contained in Subdiv)sion 4(c) of this subsection. The planning commission may recommend that the coned place conditions n approval or oa the NUP. Subd. 4. Conch consideration and decision. (a) Public notice. Notice of ceps! consideration of the application shall be made in the manor provided in Minaesoin Statutes Seetisn 482.357, Subd. 3. (b) Public haring. At ifs pu6i7e hearhtg. the tronatl will twnslder the report and recem- madation oP the Department, any findings and recemmendationa of the planning com- m~sioa, any intormation offered by the applicant or other interested persons and any other information which the twmtcil believes w)ll assist it in coniderafloa of the appliea- tlon. Following the receipt of aII such information, the twna- wID make its deeisioa con- cerning the agplieggatiga. The decision must inelade findings regarding the criteria csn- may place editions on suchsapprovalo or on the NUP. Uponpproval of the NUP ant the satisfaction of soy preconditions to issuance, the Department shaft issue the NUP. (c) Criteria. No NUP may be recommended or approved unless the Following criteria have been Pond to exist: i) airy strtedae meets all of the atndards contained in this code For the iasunce of a variance; ii) the use ov straedve has e~sted in substandaDy its present Form ter at last 15 years; ibt) its ezaistence n eomphtints of adverse neighborhood impacts have been is the City; iv> the use er atroctm~e was established either by a prier OWne; or by the Current owner open a grid faith belief that the use or structure was lawful whoa estab- llshed; and v) the strncpae either twnferms to the current meets of the buihli cede, ov the requirements oP the bnfiding soda as of t$e oR'ective date ~ the N~ or the buildingg ofilc3al a~ appHeant have agreed ~ a ceatpifance srhedule which wiID bring the strnctm~e into cempllnce with the appiicable bmitdingcede aw;srd~ in in the terms of the schedule. (d) NUP -effective date. The NUP shaft be deemed ieffeetive n the date of issuance anises the twimcff determines that, Per good ease shown by the appfitmnt, the NUP shwhl be effective as of n earlier date. (e) NUP - select on ~ or shvctm~ Upon iaaaece of a NUP, fAe use or stroetnre to which the permit relates shag bedeemed anon-conforming usCS or strastau~e and shall be subject to all of the Qtrovisions of this Code regulating sash uses sr straetares. > by the City Cori of the City of Richfield, Mimte~ta this 27.ad day of CITY OF ° By MARTIN d. I~fSCH - Mayor P.FERBER (May 1, 1981)-RICH v_ ,