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1996-12BILL NO. 1996-12 Transitory Ordinance No. 17.66 AN INTERIM ORDINANCE REGULATING CERTAIN BUSINESS ACTIVITIES AND DIRECTING A STUDY BE CONDUCTED THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Background. 1.01. The City of Richfield (°City") currently regulates a wide variety of retail and service businesses through official controls or licensing or both. 1.02. The City does not currently have in place any official controls which would be directly applicable to businesses engaged in tattooing, body piercing, body painting, body branding or similar activities. 1.03. To the extent that these activities are subject to official controls, it is by relating them to similar businesses which are the specified subjects of the official controls. 1.04. The City Council is concerned that application of its official controls by inference may not be an adequate way to address land use issues presented by the businesses activities described in 1.02. 1.05. There exist a number of significant planning and land use issues pertaining to the protection of health, safety and general welfare of the City, including the following: a) Should these activities be restricted to certain zoning districts of the city, and if so, which ones? b) Should these activities be separated from other activities such as liquor establishments, schools and churches? c) Should the activities be conditional uses in the districts where they are allowed, and if so, what conditions would be appropriate? 1.06. Minnesota Statutes, Section 462.355 Subd. 4, allows the City to adopt an interim ordinance for the purpose of protecting the planning process and the health, safety and welfare of its citizens. Section 2. Findings. 2.01 The City Council finds that it is necessary to conduct studies to determine if there is a need to amend the City's official controls or its comprehensive plan relating to the uses described in Section 1.02 above, and if so, to adopt the appropriate amendments. 2.02. The City Council finds that there is a need to adopt an interim ordinance for the purpose of protecting the planning process and the health, safety and welfare of its citizens regarding such matters. Section 3. Planning and Zoning Study: Moratorium. Bill No. 1996-12 -2- 3.01. A study is authorized to be conducted by City staff to determine whether the City's official controls need to be modified as they relate to the uses described in Section 1.02 above. 3.02. Pending completion of the study and adoption of any amendments to the City's official controls, it shall be unlawful for any person to establish, expand, or rebuild any of businesses which is engaged in the uses described in Section. 1.02 above. 3.03. Upon application to the City Council, and the showing of an undue hardship, the City Council may grant such waivers to the provisions of this ordinance, and upon such waivers to the provisions of this ordinance, and upon such conditions as the City Council shall, in its sole judgment deem appropriate. Section 5. Enforcement. The City may enforce any provisions of this ordinance by mandamus, injunction or other appropriate civil remedy in any court of competent jurisdiction. Section 6. Term. Unless earlier terminated by action of the City Council, this ordinance shall be effective for one year from its effective date, and may be further extended for such additional periods as the City Council may deem appropriate, not exceeding a total additional period of 18 months. Passed by the City Council this 13th day of May, 1996. ~ ~ ,_ , Martin J. Kirsch, Mayor ATTEST: ~C ~ ~__, Thomas P. Ferber, City Clerk City of Richfield (Official Publication) Brr.r. NO. 1996-12 Transitory Ordinance No. 17.66 ~ AN IN'TERDVI ORDINANCE REGULATING CERTAIN BUSINESS ACTIVITIES AND MINNESOTA DIRECTING A STUDY BE CONDUCTED h' THE CITY OF RICHFIELD DOES ORDAIN: ~, ~ Section 1. Background. 1.O1.The City of Richfield ("City") currently regulates SurLlwra'rt S1rrPU~t Ssr~atir a wide variety of retail and service businesses through offi- AFFIDAVIT OF PUBLICATION vial 102.The City does not u ently have in place any ofli- cial controls which would be directly applicable to busi- nesses engaged in tattooing, body piercing, body painting, STATE OF MINNESOTA body branding or similar activities. ) 1.03.To the extent that these activities are subject to oflcial controls, it is by relating them to similar business- SS. es which aze the specified subjects of the official controls. 1.04.The City Council is concerned that application of COUNTY OF HENNEPIN) its official controls by inference may not be an adequate way to address land use issues presented by the business- D e n i s L.. M l n d a k es activities described in 1.02. being duly sworn on an oath says that he/she i; 1.05.There exist a number of significant planning and land use issues pertaining to the protection of health, safe- the ublisher or authorized a ent and em to ee of the ublisher of the news a er known a ty and general welfare of the City, including the following: P 9 P Y P P P a) Should these activities be restricted to certain zoning districts of the city, and if so, which ones? Sun -Current ,and has full knowledge of the fact b) Should these activities be separated from other activities such as liquor establishments, schools and which are Stated below. I churches? c) Should the activities be conditional uses in the districts where they are allowed, and if so, what conditions (A) The newspaper has complied with all of the requirements constituting qualification as ~ would be appropriate? 1.06.Minnesota Statutes, Section 462.355 Subd. 4, qualified newspaper, as provided by Minnesota Statue 331 A.02, 331 A.07, and other applicable Mows the City to adopt an interim ordinance for the pur- pose of protecting the planning process and the health, safety and welfare of its citizens. IawS, aS amended. Section 2. Findings. 2.01 The City Council finds that it is necessary to con- (B) The printed B 1 I I N 0 . 19 9 6 - 12 duct studies to determine if there is a need to amend the City's official controls or its comprehensive plan relating to i the uses described in Section 1.02 above, and if so, to adopt the appropriate amendments. 2.02.The City Council finds that there is a need to which is attached was cut from the columns of said newspaper, and was printed and publishes adopt an interim ordinance for the purpose of protecting the planning process and the health, safety and welfare of its citizens regarding such matters. once each week, for one successive weeks; it was first publishes Section 3. Planning and Zoning Study: Moratorium. W e d n e s d a y 3.O1.A study is authorized to be conducted by City staff on ,the 2 2 day Of M a Y , 19 9 6 ,and was thereafte to determine whether the City's official controls need to be modified as they relate to the uses described in Section printed and published on every to and includins 1.02 above. 3.02.Pending completion of the study and adoption of any amendments to the City~s oflcial controls, it shall be ,the day of , 19 ;and printed below is a copy o unlawful for any person to establish, expand, or rebuild any of businesses which is engaged in the uses described in the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being th ~ Section. 1.02 above. 3.03.Upon application to the City Council, and the showing of an undue hardship, the City Council may grant size and kind of type used in the composition and publication of the notice: sash waivers to the provisions of this ordinance, and upon such waivers to the provisions of this ordinance, and upon abcdefghijklmnopgrstuvwxyz /' such conditions as the City Council shall, in its sole judg- '+r~~ ._--- ~,,r meat deem appropriate. Section 5. Enforcement. The City may enforce any BY: ¢,+,~,gv~,,~s' provisions of this ordinance by mandamus, injunction or other appropriate civil remedy in any court of competent jurisdiction. TITLE: P U tJ I 1 5 h e r Section 6. Term. Unless eazlier terminated by action of the City Council, this ordinance shall be effective for one year from its effective date, and may be further extended ACknOWledged before me On thlS for such additional periods as the City Council may deem { ~ appropriate, not exceeding a total additional period of 18 12 day of J u ~P Y , 1 g 9 6 ~ months. Passed by the City Council this 13th day of May, 1996. ~ Martin J. Kirsch, Mayor ~' I ~ ~ ATTEST: NOt ry f UbIIC Thomas P. Fe~May 22Y 996 d2/ri-522 .,K;~ ,~ ,. , ;. S~ i~~. ~;' J 7 IR( Vii, RATE INFORMATION (1) Lowest classified rate paid by commercial users $ 2.15 per line for comparable space (2) Maximum rate allowed by law for the above matter $ 5.95 per line (3) Rate actually charged for the above matter $ 1.09 per line