1997-08BILL NO. 1997-8
AN ORDINANCE PROVIDING FOR THE
AMORTIZATION OF NONCONFORMING OUTDOOR
ADVERTISING DISPLAYS; AMENDING SUBSECTION 416.09, SUBDIVISION 3 OF
THE RICHFIELD CITY CODE
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. Subsection 416.09, subdivision 3 of the Richfield City Code is
amended to read as follows:
Nonconforming outdoor advertising displays. Outdoor advertising displays
lawfully erected and located on +~~ ~~o,.+,,,~ ~.,+o .,{+h;~ ..h o~+f,,., or prior to October
1, 1987 may continue subject to the following limitations:
(a) Except as provided in subdivision 2, paragraph (k) of this subsection, no
nonconforming outdoor advertising display may be expanded, rebuilt, relocated
or altered without being brought into conformity with the requirements of this
ordinance. This provision shall not apply to the following circumstances.
(1) The rebuilding of an outdoor advertising display which sustains
damage the repair of which in the opinion of the building official will cost
less than 50% of the replacement cost of the physical structure prior to the
damage.
(2) Nonstructural alterations of modifications designed to improve the
appearance of the sign and changes of the new sign face.
(b) Any outdoor advertising display which is not used for advertising purposes for a
period of more than two years shall be deemed abandoned and must be
removed by the owner of the parcel on which it is located.
~, AH nonconforming outdoor advertisinq_displays, including displays relocated
under subdivision 2 paragraph (k) of this subsection must be removed or
brought into compliance with this ordinance on or before May 31, 2000 or such
later date as may be granted in an extension obtained pursuant to paragraph (d)
of this subdivision.
The owner of an outdoor advertising display may apply for an extension of the
deadline provided for in paragraph (c) of this subdivision:
Applications for extension must be made to the director of
community development on or before May 31, 1999 on forms provided by
the CitY•
Upon receipt of a completed application, the director shall assign
the application to a hearing examiner appointed by the city manager and
a date shall be set for a public hearing before the hearing examiner.
Notice of the public hearing must be published at least 10 days prior to the
hearing and must also be mailed to the owners of properties located
wholly or partially within 350 feet of the property on which the outdoor
advertising display is located.
The hearing examiner shall render a written decision concerning
the application. In making the decision, the hearing examiner may
consider the following factors: (i) cost of the display and any
improvements thereto prior to the effective date of this ordinance; (ii)
depreciated value of the display; (iii) remaining useful life of the display;
(iv) length and remaining term of any lease under which the display is
maintained; L) lease terms in effect as of ~llarch 10. 1997; (vi) location of
the display in relation to surrounding property uses; (vii) character of and
uses in the surrounding neighborhood; (viii) benefit to the public by
requiring the termination of the nonconforming use; (ix) burden on the
property owner by requiring the termination of the nonconforming use; (x)
length of time the use has been in existence and the length of time the
use has been nonconforming.
The owner has the burden of establishing that it is entitled to an
extension. The hearing examiner may grant an extension if the
amortization period provided in paragraph (c~ unreasonably deprives the
owner of the opportunity to recover the value of the display and any
improvements made thereto prior to the effective date of this ordinance.
The hearing examiner may extend the removal deadline for such period of
time as the hearinq_examiner determines reasonable under the
circumstances. The hearing examiner may impose reasonable conditions
upon the owner of the dis~lay, for the purpose of mitigating or alleviating
the harm caused by the nonconformity during the extension period.
~, The decision of the hearing examiner is the final decision of the
City.
Passed by the City Council of the City of Richfield, Minnesota this 28th day of
April, 1997.
r >
r
r ~~, ~ r i=
__ _ .
Martin J. Kirseh,.Nlayor
ATTEST:
~°
Thomas P. Ferber, City Clerk
ATE OF MINNESOTA)
SS.
COUNTY OF HENNEPIN)
uSIJN
SisrQr~rM BYnibM Sur6YOr
AFFIDAVIT OF PUBLICATION
Denis L . M i n d a k ,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
Sun-Current
which are stated below.
and has full knowledge of the facts
(A) The newspaper has complied with all of the requirements constituting qual'rfication as a
qualified newspaper, as provided by Minnesota Statue 331 A.02, 331 A.07, and other applicable
laws, as amended.
(B) The printed Bill N o . 19 9 7 - 8
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 7 day of May , 19_x, and was thereafter
inted 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:
abcdefghuklmnopgrstuvwxyz
TITLE: P u b l i s h e r
Acknowledged before me on this
7 day of May , . 19 9 7
Notaiy Public
RATE INFORMATION
1) Lowest classified rate paid by commercial users $ 2.55 per line
for comparable space
(2) Maximum rate allowed by law for the above matter $ s.2o per line
(3) Rate actually charged for the above matter $ 1.2o per line
City of Richfield
(Official Publication)
BILL NO. 1997-8
AN ORDINANCE PROVIDING FOR THE
AMORTIZATION OF NONCONFORMING
OUTDOOR ADVERTISING DISPLAYS;
AMENDING SUBSECTION 416.09, SUBDIVISION 3
OF THE RICHFIELD CITY CODE
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. Subsection 416.09, subdivision 3 of the
Richfield City Code is amended to read as follows:
Nonconforming outdoor advertising displays. Out-
door advertising displays lawfully erected and located on
fikre~'eekive-~3eSe-ef t,~ie-e~keee6iee or prior to October 1.
1987 may continue subject to the following limitations:
(a) Except as provided in subdivision 2, paragraph (k) of is
subsection, no nonconforming outdoor advertising dis-
play may be expanded, rebuilt, relocated or altered
without being brought into conformity with the re-
quirements of this ordinance. This provision shall not
apply to the following arcumstances.
(1) The rebuilding ofan outdoor advertising display
which sustains damage the repair of which in the
opinion of the building offiaal will cost less than
50% of the replacement cost of the physical struc-
ture prior to the damage.
(2) Nonstructural alterations of modifications de-
signed to improve the appeazance of the sign and
changes of the new sign face.
(b) Any outdooradvertisingdisplaywhichisnotusedforad-
vertising purposes for a•period of more than two yeazs
shall be deemed abandoned and must be removed bythe
owner of the pazcel on which it is located.
(S~
rector shall assign the application to a hearing
examiner appointed by the city manager and a
date shall be set for a public hearing before the
hearing examiner. Notice of the public hearing
must be published at least 10 davs~rior to the
hearing and must also be mailed to the owners
of properties located wholly or partially within
350 feet of the prgJ~erty on which the outdoor
vertising disp~v is located.
L31 The hearing examiner shall render a written de-
cision concerninE the apulication. In making the
decision the hearing examiner may consider the
following factors: (i) cost of the disp~ and anv
improvements thereto prior to the effective date
Qf this ordinance• (ii) depreciated value of the
disRlav: (iii) remaining useful life of the disnlav:
(iv) length and remaining term of anv lease
under which the display is maintained: (v) lease
terms in effect as of March 10 1997; (vi) location
of the displ•ly in relation to surrounding ~per-
tv uses: (vii) character of and uses in the
surrounding neiPhborhoo • (viii) benefit to the
up blic by reguirine the termination of the non-
conforming use• (ix) burden on the property
owner by requiring the termination of the non-
conforming use: (x) length of time the use has
been in existence and the length of time the use
has been nonconforming.
The owner has the burden of establishing that it
is entitled to an extension. The hearing examin-
er may Brant an extension if the amortization
en rind provided in parapr~ph (c) unreasonably
deprives the owner of the o ortuni v to recover
the value of the display and anv improvements
made thereto prior to the effective date of this
ordinance. The hearin~xaminer may extend
the removal deadline for such period of time as
the hearing examiner determines reasonable
under the circumstances. The hearing examiner
may impose reasonable conditions u on n the
owner of the display for the purpose of mitigat-
ing or alleviating the harm caused by the non-
tonformitvduring the extension period.
(51 The decision of the hearing examiner is the final .
decision of the Citv.
Passed by the City Council of the City of Richfield,
Minnesota this 28th day of April, 1997.
ATTEST:
Martin J. Kirsch, Mayor
Thomas P. Ferber, City Clerk
- - -(May7; 1997)D2/CtyRich Bill 1997-8