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1994-05BILL NO. 1994-5 TRANSITORY ORDINANCE N0. 17.55 INTERIM ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS AND THE HEALTH, SAFETY, AND WELFARE OF CITY RESIDENTS; AND REGULATING AND RESTRICTING THE DEVELOPMENT OF GUNSHOP USES WITHIN THE CITY THE CITY COUNCIL OF THE CITY OF RICHFIELD ORDAINS: Section 1. Background. 1.01. As used in this ordinance, the term "gunshop uses" means commercial uses involving the retail sale of firearms. 1.02. Gunshop uses are currently treated as "retail stores and shops," which are permitted uses in a C-2 general commercial zoning district. 1.03. Gunshop uses present different public health, safety, and welfare concerns than do other uses also included in the "retail stores and shops" classification, such as card shops and grocery stores, and it is unclear whether a new classification should be adopted for gunshop uses. 1.04. In addition to the proper zoning classification of gunshop uses, there are a number of significant planning and land use issues pertaining to the regulation of such uses, including the following: 1. The particular zoning districts in which such uses should be allowed as either permitted or conditional uses. 2. The concentration and density of such uses in the City and its neighborhoods. 3. The effect of such uses on other uses in the surrounding area. 1.05. There is a need for a study to be conducted so that the City can adopt a set of comprehensive plans and land use zoning regulations pertaining to gunshop uses. Such a study will address the land use and zoning issues, including those referenced above. 1.06. There is a need for an interim ordinance to be adopted for the purpose of protecting the planning process and the health, safety, and welfare of the citizens of the City and to ensure that the City and its citizens retain the benefits of the City's comprehensive plan and zoning ordinance until such a study has been completed. There is a need to restrict such uses until such a study has been completed and any modifications to the City's zoning and land use regulations are accomplished. 1.07. The City Council has directed that such a study be undertaken. Bill No. 1994-5 Page 2 1.08. Minnesota Statutes, section 462.355, subd. 4 (Act) permits the adoption of interim zoning ordinances during the planning process. Section 2. Planning and Zoning StudX; Moratorium. 2.01 A study is authorized to be conducted by City staff to determine how gunshop uses should be regulated within the City. The scope of the study should include, but is not limited to, the following: a. the particular zoning districts in which such uses should be allowed as either permitted uses or conditional uses; b. the density and concentration of such uses; c. the effect of such uses on other uses in the surrounding area; 2.02 Upon completion of the study, the matter is to be considered by the Planning Commission for its review and recommendation to the City Council. 2.03 A moratorium on the development of gunshops is adopted pending completion of the study and the adoption of any amendments to the City's zoning ordinance. No building permit may be issued for such uses or for the expansion of any existing use during the moratorium period nor may any rezonings, plattings or replattings, or land divisions or consolidations be granted by the City for such uses during the moratorium period. The moratorium period shall expire one year from the effective date of this ordinance or on such earlier date as may be further adopted by ordinance. The moratorium period may be extended for a reasonable time by ordinance, as may be necessary to complete the study and adopt any necessary amendments to the City's zoning ordinance. Section 3. Effective Date. This ordinance is effective in accordance with Section 3.09 of the Richfield City Charter. -^ i. ~'/~iL~~/ ~°... Martin J rsch, Mayor ATTEST: ~~ n /._~ C.~ ~ '~ Thomas P. Ferber, City C rk \/ MINNESOTA uSUN AFFIDAVIT OF PUBLICATION ATE OF MINNESOTA) SS. COUNTY OF HENNEPIN) Donald W. Thurlow being duly sworn on an oath says that heJshe is the publisher or authorized agent and employee of the publisher of the newspaper known as R i c h f i e I d Sun -Current ,and has full knowledge of the facts which are stated below. (A) The newspaper has complied with all of the requiremertts constituting qualification as a qualified newspaper, as provided by Minnesota Statute 33iA.02, 331A.07, and other applicable laws, as amended. (B) The printed Bill N o . 19 94- 5 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 6 day A a r i , 19 94 ,and was thereafter printed and published on every to 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: abcdefghijklmnopgrstuvwxyz ~>~ B~f': TITLE: P u b l i s h e r Acknowledged before me on this 6 day of April ~ 19 94 . ~~ ~, ~ v~ Nota ~u,~hc e .I. ~ :~ ~' !~ ~01,t f, r _ ~_ ,iY c ~.. tc^_.3 ti RATE INFORMATION (1) Lowest classified rate paid by commercial users $ for comparable space (2) Maximum rate allowed by law for the above matter $ 1.60 per line (Line, word, or inch rate) 96B~ per line (Line, word, or inch rate) City of Richfield BII.L N( TRANSITORY ORL IlVTERIM ORDINANCE FOR THE PURP PROCE33 AND THE HEALTH, SAFETY; AND REGULATING AND RESTRICTIN USES WITHI THE CITY COUNCIL OF THE C Section 1. Background. 1.01. As used in this ordinance, the term "g the retail sale of firearms. 1.02. Gunahop uses are currently treated ae uses in a C-2 general cemmercial zoni~ 1.03. Gunahop uaea present different publi other uses also included in the "retsi shops and grocery atoree, and it is u adopted for gunahop uaea. 1.04. In addition to the proper zoning classi significant planning and land use isa including the following: 1. The particular zoning distr either permitted or condition 2. The concentration and dens hoods. 3. The effect of ouch uaea on oth 1.05. There is a need for a study to be cendc hensive plans and land use zoning r study will address the land use and zo 1.06. There is a need for an interim ordina the planning process and the health, and to ensure that the City and its ci henaive plan and zoning ordinance un need to restrict such uaea until such tions to the City's zoning and land use 1.07. The City Council hen directed that suc 1.08, Minnesota Statutes, section 462.356, zoning ordinances during the planning Section 2. Planning and Zoning Stud; 2.01 A study ie authorized to be conducted should be regulated within the City. T limited to, the following. a. the particular zoning districts in w] miffed uses or conditional uaea; b. the density and concentration of su c. the effect of such uses on other uses 2.02. Upon completion of the study, the Commission for its review and recomn 2.03. A moratorium on the development of study and the adoption of any amend ing permit may be issued for such use ing the moratorium period nor may ~ divisions or consolidations be granted um period. The moratorium period a this ordinance or on such earlier daG moratorium period may be extended necessary to complete the study and zoning ordinance. Section 3. F41' etiv Da a. This ordinance is effective in accordance wi ATTEST: Thomas P. (Apri18,189 (3) Rate actually charged for the above matter $ 7'9< per line (Line, word, or inch rate) Y i ~ ~ ~ ~~ .~~~~ '~ ~ a ~~i ~, g~~ ~~~s~ ~ ~~ ~~~g ~ ~ ~ ~ .s' ~~~~~~~ $~ . ~ .~~ ~ ~ ~~ ~ ~ ~ ~ ~~°~, ,~ ~ ~~~ ~ ~~~~,~ ~~ F ~q V m,~- ~~ ~~ ~'~. ti' ~ ~ ~ ~ ~ ~ ~j°r OV ~ ~~~ i a e ~~ ~• m ~•~ ~ N ~~~ ~ ~ a ~: ~~.~ ~ ~~,~$ ~~~ ~e~ ~ .~~ ~ 8 ~. .~ ~ ~' . ~~ ~' ea .~ ~w a