1997-14BILL NO. 1997-14
AN ORDINANCE AMENDING SUBSECTION 416.11,
SUBIDIVISION 5 OF THE RICHFIELD CITY CODE; RELAT-
ING TO DISCONTINUANCE OF NONCONFORMING SIGNS
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. Subsection 416.11, subdivision 5, clause (a) of the Richfield City Code
is amended to read as follows:
Subd. 5. Nonconforming signs.
(a) Any sign prohibited by this ordinance or not in conformance
with the standards, requirements and provisions of this
ordinance, which was lawfully erected and maintained prior to
+~,;° ^r,~;^°^^° October 1, 1987, shall be defined as a
nonconforming sign.
Sec. 2. Subsection 416.11, subdivision 5, clause (b) of the Richfield City Code is
amended to read as follows:
(b) Except as provided in subsection 416.09, subdivision 3, all
nonconforming signs shall be removed or brought in
conformity with this ordinance within the following time
periods:
(1) Any nonconforming temporary sign: within 60 days of
the adoption of this ordinance.
(2) Any nonconforming permanent sign: ,•~~+h.., +°., ~~ m
on or before
January 5, 1998 or such later date as may be granted
in an extension obtained pursuant to paragraph (fl of
this subdivision.
Sec. 3. Subsection 416.11, subdivision 5 of the Richfield City Code is amended by
adding a new clause to read as follows:
~f The owner of a nonconforming sign may apply for an
extension of the deadline provided for in paragraph (b~(2~
this subdivision.
Applications for extension must be made to the
director of community development on or_before
Bill No. 1997-14
-2-
November 3, 1997 on forms~rovided 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~ublic 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
150 feet of the property on which the
nonconforming sign is located.
The hearing examiner shall render a written
decision concerning the application. In making
the decision, the hearing examiner maX
consider the following factors: (i) cost of the
sign and any improvements made thereto prior
to the effective date of this ordinance' (ii)
depreciated value of the sign; (iii) remaining
useful life of the sign; (iv) length and remaining
term of any lease under which the sign is
maintained: (v) lease terms in effect as of July
1 1997; (vi) location of the sign 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; fix) burden on the
property owner by requiring the termination of
the nonconformin~_(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: (i) the
amortization period provided in paragraph (b)(2)
of this subdivision unreasonably deprives the
owner of the opportunity to recover the value of
the sign and any improvements made thereto
prior to the effective date of this ordinance• or (ii)
the community development director attests in
writing that the property on which the sign is
located is under active consideration by the city
or its housing and redevelopment authority for
Bill 1997-14
-3-
redevelopment by January 1, 2000. The
hearing examiner may extend the removal
deadline for such period of time as the hearing
examiner determines is reasonable under the
circumstances. The hearing examiner may
impose reasonable conditions upon the owner
of the nonconforming sign, 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.
Adopted by the City Council of the City of Richfield, Minnesota this 25th day of
August, 1997.
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. d G4'~~-r-r ,,.~~ E'.:-a2 s.t .i,~
Martin J. Kirschj'~
ATTEST:
~,f~ ~~ ~ ~
Thomas P. Ferber, City Clerk.
City of Richfield
(Official Publication)
BILL NO. 1997-14
MSUN
surGlxrant SvrPO.t Si+rSYar
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA)
SS.
COUNTY OF HENNEPIN)
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 qualification as a
qualified newspaper, as provided by Minnesota Statue 331 A.02, 331 A.07, and other applicable
laws, as amended.
(B) The
Bill No. 1997-14
which is attached was cut from the columns of said newspaper, and was printed and published
once each week, for
on INednesdav .the_
printed and published on every
10 day of September , 19 97 ,and was thereafter
to and including
the day of
19 ;and printed below is a copy of
AN ORDINANCE AMENDING SUBSECTION 416.11,
SUBDIVISION 5 OF THE RICHFIELD CITY CODE;
RELATING TO DISCONTINUANCE OF
NONCONFORMING SIGNS
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. Subsection 416.11, subdivision 5, clause (a)
of the Richfield City Code is amended to read as follows:
Subd. 5. Nonconforming signs.
(a) Any sign prohibited by this ordinance or not in
conformance with the standards, require-
ments and provisions of this ordinance, which
was lawfully erected and maintained prior to
#~kie.erxea October 1, 1987, shall be defined
as a nonconforming sign.
Sec. 2. Subsection 416.11. subdivision 5, clause (b) of
the Richfield City Code is amended to read as follows:
(b) Except as provided in subsection 416.09, sub-
division 3, all nonconforming signs shall be re-
moved or brought in conformity with this ordi-
nance within the following time periods:
(1) Any nonconforming temporary sign: with-
in 60 days ofthe adoption ofthis ordinance.
(2) Any nonconforming permanent sign: wit}
tiixeexee qn or before Januaty 5. 1998 or
such later date as may be eTanted in an ex-
~nsion obtained pursuant to paraeranh (fl
of thi > ,divi ion.
Sec. 3. Subsection 416.11, subdivision 5 of the Richfield
City Code is amended by adding a new clause to, read as
follows:
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:
abed efghij klmnopgrstuvwxyz
s ~ ~
BY: ` G~
TITLE
Acknowledged before me on this
10 day of September 19 97
.r,~
No~ry Public
RATE INFORMATION
(1) Lowest classified rate paid by commercial users
for comparable space
(2) Maximum rate allowed by law for the above matter
one
successive weeks; it was first published
Publisher
$ 2.15 per line
Adopted
Minnesota the 25th day of August, 1997.
$ 5.95 der Ilse /s/ Martin J. Kirsch
ATTEST:
/s/ Thomas P. Ferber, City Clerk
(September 10, 1997)D2/Cty Rchfld 1997-14
(3) Rate actually charged for the above matter $ 1.09 per line