1973-21Bi11 No. 1973-21
AN ORDINANCE RELATING TO THE OUTSIDE
STORAGE AND MERCIiANDISING OR MATERIALS,
EQUIPMENT AND INVENTORY: AMENDING SECTION
3.33, SUBDIVISION 2, AND SECTION 6.02
OF THE CITY CODE: ADDING A SECTION TO
THE CODE: AND REPEALING SECTION 3.30, SUB-
DIVISION 1, PARAGRAPH (2)
CITY OF RICHFIELD DOES ORDAIN:
The ordinance code of the City of Richfield is amended in the following
respects:
Section 3.33, Subdivision 2, (Use Regulations in "C-2'° General Commercial
District) is amended to read:
"Subd. 2. Uses by Special Use Permit. The following uses shall be permitted
only upon the procurement of a special use permit pursuant to Section 3.41:
(1) Undertaking establishments. ,
(2) Any drive-in business where people are served in automobiles.
(3) Automobile camps and courts.
(4) Hotels, motels, restaurants, cafes, gasoline service stations, service
station stores, public garages, car sales lots, and theaters. No service station
may be converted into a station store without a special use permit for such use
issued in accordance with Section 3.41 of this code.
(5) Other business uses which are determined by the Council to be of the
same general character as the uses enumerated in this section and which will not
be obnoxious or detrimental to the area in which they would be located."
Section 6.02. (Gasoline and Oil Service Stations) Subdivisions 1 and 2
are amended to read:
"Subdivision 1. Purpose of Regulation. It is hereby determined that
gasoline and oil service stations and station stores may pose particular problems
in achieving compatibility with abutting and adjacent land uses because of poten-
tially detrimental aspects of their operation. The public health, safety and
general welfare requires that, because of traffic hazards, noise, light glare,
outdoor storage and display of merchandise, indiscriminate advertising, inade-
quate incineration facilities, insufficient maintenance, unsightliness and in-
adequate storage of debris and used materials, such service stations and station
stores be specifically regulated."
'°Subd. 2. Definitions. The following terms shall have the meanings ascribed
to them in this section:
(1) The term "Service station", as used in this section, means a retail place
of business engaged primarily in the sale of motor fuels, but also may be
engaged in supplying goods and services generally required in the operation and
maintenance of automotive vehicles and the fulfilling of motorists' needs. These
- 2 -
may include sale of petroleum products; sale and servicing of tires, batteries,
automotive accessories and replacement items; washing and lubrication services;
the performance of minor automotive maintenance and repair; and the supplying
of other incidental customer services and products.
(2) The term "Station store" means a store located on the same premises as a
service station and designed and operated for the additional purpose of the sale
of merchandise unrelated to automotive operation, maintenance or repairs."
Section 6.02 is amended by adding a subdivision to read:
"Subd. 11. Merchandising Standards. Service stations and station stores
are subject to the provisions of Section 6.23 of this code relating to Outdoor
Merchandising and Storage. In addition the following standards apply to service
stations and station stores. Merchandise not displayed in a permanent or tempor-
ary outdoor display as provided in Section 6.23 shall be
- displayed on wooden or metal pallets or racks of a permanent or portable
design.
- stacked in an orderly compact arrangement.
- located in areas not reserved for off-street parking or landscaping.
- placed so as not to obstruct safe vision of driving public and customers.
- prevented from encroaching on public right of ways or private property."
The ordinance code is amended by adding the following new section:
"6.23. Outdoor Merchandising: Storage_of Materials, Equipment and Inventory.
Subdivision 1. Policy. The city council recognizes that under certain
circumstances the practice of many commercial and industrial enterprises in the
city of providing storage space for materials, equipment and inventory adjacent
to their business premises may be necessary for the conduct of their business.
The council finds that such practices, if unregulated, can have a detrimental
effect on the public health, safety and general welfare. It is the purpose of
this ordinance to impose reasonable regulations on the conduct of outside storage
and merchandising to carry out the policy set forth herein.
"Subd. 2. Definitions. For the purposes of this section, the terms defined
herein have the meanings given them.
a) "Storage" means the placing or depositing of equipment, materials or
inventory in a storage enclosure for safekeeping pending further use.
b) "Equipment,""materials" or "inventory" means equipment, material or
inventory owned or in possession in the course of business of an industrial or
_commercial establishment regulated by this section; the term does not include
utility trailers or trucks stored or offered for sale by dealers licensed under
Section 6.22 of this code, or new or used motor vehicles stored or offered for
sale by motor vehicle dealers licensed under Section 6.07 of this code.
c) "Merchandising" means the offering of goods for sale or rental_to the
general public.
d) "Permanent outdoor display" means merchandising by display on a continu-
ou:~, year-round basis.
e) "Tem orary outdoor display" means seasonal or intermittent merchandising
by display on less than a continuous, year-round basis.
f) "Permanent outdoor display enclosure" means a structure, container or
device of a permanent nature, designed in conformance with applicable provisions
of the city building and fire prevention codes and this section, and used to display
merchandise for sale.
- 3 -
"Subd 3. Outside Storage and Merchandising Permitted. Outside storage
is permitted by
in conformance any business, commercial or industrial establishment existing
with Chapter III, Part IV of this code. Outside merchandising
is permitted by any business or commercial establishment existing in conformance
with Chapter III, Part IV of this code.
"Subd. 4. Outside Storage Enclosures. Outside storage is permitted in
storage enclosures desi
and located in accordance with the following standards;
a) The enclosure shall obscure stored items from public view;
b) It must be located at the side or rear of the premises it serves;
c) It must be constructed on a permanent surface designed and equipped to
facilitate proper drainage;
d) It may not be constructed in areas reserved for off-street parking or
landscaping;
e) The enclosure may not unsafely obstruct the vision of drivers of auto-
mobiles entering or exiting the premises it serves; ;
f) The enclosure may not encroach on a public ~i~ht of way or adjacent
private propert
"Subd. 5. Storage Enclosures: Permits. Outside storage enclosures may not
be constructed unless a permit therefor is issued under this section. Outside
storage enclosures existing on the effective date of this ordinance shall o~~Wain
a permit by December 31, 1974. The owner, or manager of a business, commercial or
industrial use, or their authorized representative, may make application to the_
Chief Inspector on forms provided by him. The application shall be accompanied
by a fee of $10.00, a sketch plan of the proposed enclosure, and such other data
and information as is necessary to enable the Inspector to insure compliance with
this section. If the Chief Inspector finds that the proposed enclosure conforms
to the standards of Subdivision 4 and other applicable provisions of this code,
he shall issue the permit."
"Subd. 6. Outside Merchandising: Permanent Outdoor Displays, Permanent
outdoor displays for outside merchandising shall conform to the following standards:
a) The display must be located within a permanent enclosure placed on a
permanent surface designed and equipped to facilitate proper drainage.
b) The enclosure must be in a location that will not cause obstruction to
safe vision of drivers of automobiles entering or exiting the business for which
it is constructed. Permanent outdoor display enclosures may be of such a design
as to permit maximum visibility of their contents but shall be constructed in
accordance with applicable provisions of the city building code and fire pre-
vention code, within therset back area.
c) The display enclosure may not be located in areas reserved for off-street
parking or landscaping.
d) The display enclosure may not encroach upon a public right of way or on
adjacent private property.
"Subd. 7. Outside Merchandising: Permanent Outdoor Displays, Permits.
Permaia.ent outdoor displays may not be constructed unless a permit therefor is
issued under this section, Permanent outdoor displays existing on the effective
date of this ordinance shall obtain a permit by December 31, 1974. The owner, or
manager of a business or commercial use or their authorized representative may
make application to the Chief Inspector on forms provided by him. The application_
shall be accompanied by a fee of $10.00, a sketch plan necessary to enable the
inspector to insure compliance with this section. If the Chief Inspector finds
that the proposed display conforms to the standards of subdivision 6 and other
applicable provisions of this code, he shall issue the permit.
- 4 -
"Subd, 8. Outside Merchandising: Temporar
Permits. Merchandise may be displayed temporari
Outdoor Displays:
basis if in
compliance with subdivision 10.
or on a season
"Subd. 9. Special Business Hour Displays:
a) Businesses, including service station and station stores which display
merchandise during business hours but store the merchandise in their premises
or in a permitted outdoor storage enclosure after business hours need not con-
struct a permanent enclosure for outdoor display. Such merchandise may also be
displayed within the front yard setback area of the business premises:
b) Not more than two portable merchandising racks or pallets may be located
beyond four feet of the building;
c) All portable display racks or pallets shall be stored within the building
in which the business is located or within a permitted outdoor storage enclosure
after business hours;
d) Portable display racks or pallets may not be placed in areas reserved
for off-street parking or landscaping or placed in such a manner as to encroach
upon a public right-of-way or adjacent private property. The displays shall not
unsafely obstruct the vision of drivers entering or exiting the premises served,
"Subd. 10. Other Conditions.
a) Outdoor displays shall be kept free of dirt and litter,
b) The contents of displays, including materials used in conjunction with
the sale of merchandise, shall be maintained in a neat, orderly condition.
c) Merchandise displayed for sale shall be adequately protected from
damage from the elements.
d) A reasonable amount of inventory incide<~~.~.al to the merchandising of
goods may be kept in a permanent or temporary outdoor display.
e) Merchandise displayed for sale shall not obstruct public or private
sidewalks providing access to the business for which the display is designed and
maintained.'
f) Outdoor displays should not be located within the public right-of-way
or on adjacent private property."
"Subd. 11. Outdoor Storage and Merchandising: Other Provisions.
Unless otherwise specifically provided, outdoor storage and merchandising is
subject to other applicable provisions of this code."
Section 3.30, Subdivision 1, paragraph (2) is repealed.
t/"
P~.ssed by the City Council of the City of Richfield this 11th day of February,
1974.
,.-°r'
y,
f
__
`, ~`~ Loren L. Law ~ Mayor
ATTEST :
~j"
Thomas J. Mj~an City Clerk
~uQllc notices
IOfficialPublicationl establishme istieg io conforn
LECAL NOTICE with Chapter 111, Part IV of this cods
SUN NEWSPAPERS
AFFIDAVIT OF PUBLICATION
RIGHFIELID SUN
i3bp1 W. 78th St. Bloomington, Minnesota
State of Minnesota }
County of Hennepin j SS.
J. R. RITCHAY, being duly sworn, on oath says he is and during all times here state
has been the vice president and printer of the newspaper known as The Richfield Su
and has full knowledge of the facts herein stated as follows: (1) Said newspaper
is printed in t'he English language in newspaper format and in column and sheet form
equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly an
is distributed at least once each week. (3) Said newspaper has 50% of its news columns devoted
to news of local interest to the community which it purports to serve and does not wholl
duplicate any other publication and is not made up entirely of patents, plate matter and
advertisements. (4) Said newspaper is circulated in and near the municipality which it purports
serve, has at least 500 copies regularly delivered to paying subscribers, has an average o
least 75% of its total circulation currently paid or no more than three months in arrears
has entry as second-class matter in its local post-office. (5) Said newspaper purports to
ve the City of Richfield in the County of Hennepin and it has its known office o
e in the Cityi of Bloomington in said county, established and open during its regular business
s for the gathering of news, sale of advertisements and sale of subscriptions and main-
ed by the managing officer or persons in its employ and subject to his direction and con•
rot during all such regular business hours and devoted exclusively during such regular
business hours to the business of the newspaper and business related thereto. (6) 'Said news-
paper files a copy of each issue immediately with the State Historical Society. (7) Said news-
paper has complied with all the foregoing conditions for at least two years preceding the day
or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of
State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the
form prescribed by the Secretary of State and signed by the publisher of said newspaper and
sworn to before a notary public stating that the newspaper is a legal newspaper.
AN ORDINANCE RELATING i1T0 THE 'Subd 4 Oget jtsde Storage EnNa
Outside store permitted C
u sh
OUTSIDE STORAGE AND MERCNAN- encbwres designed slid located f
DISING OR MATERIALS, EQUIPMENT cordance with the fallowin
sta
d
g
n
ard
AND INYENTORy• AMENDING SEC- al The enclosure shall obscure s
TION 3
33
it
SUBDII~
.
,
ems from public view;
ISION 2, AND SEC-
bl It
the s
s
n
ING A
rear of the
SECT10N O THE CODE: AND
Premises t serves;
REPEALING SECTION 3
30
cl It must be const
SUBDIVI
.
,
-
ructed on a pe
SiON 1, PARAGRAPH i21. neat surface designed soil egmppe
CITY OF RICHFIELD DOES facilitate proper draina
e
g
;
ORDAIN: ~ dl It may not.be constructed io ai
The ordinance code of th
Cit
e
v of Rich- reserved for off-street parking or 1.
field is amended in the following scapinq;
respects: el The enclosure may not unsa
Section 3.33. Subdivision 2.' IUce Requ- obstruct the vision of drivers of auto
lotions in "C-2" Gener
l C
i
a
ommercial
Districtlisamendedtoread b
tes entering or exiting the premise
:
"Subd. 2. Uses by Special Use Permit.
The following. uses shall be serves;
fl The enclosure may not encroact
permitted
only upon the procurement of a public right of way or adjacent prix
a special
use permit pursuant toSection3.41:
I I Y Undertaking establishme
t Droperty.
"Subd. 5. Storage Enclosures: E
il
O
n
s.
121 Any drive-in business where people
are m
s.
utside storage enclosures may
be constructed unless a permit the
f
served in automobiles.
131 Automobile camps and courts.
41 re
o
.issued under this section, Outside store
Enclosures existing on the
ff
i
t
Hotels, motels, restaurants, cafes,
gasoline service stations
i e
ect
ve d,
of tbis.ordinance shag obtain a permit
, serv
ce station
stores, public garages, car sales, lots, and
theaters. No service stati December 31, 1974. The owneq or man,
er of a business, commercial or industr
on may byonn-
verled into a station store without a spa-
i use, or their authorized representati~
may make application to th
C
c
al use permit for such use issued Ca as
cordance with Section 3.410[ this code.
(51 O e
hi
Inspector on forms provided by him. T
application shall be accom
anied b
ther business uses which are de-
terminal by the Council to be
f the p
y a 1
of 310.00, a sketch plan of the propos
l
o
same
general character as the uses enumerated
in this section and whi
h
i enc
osure, sail such other data and infi
motion as is necessary to enable t
c
w
p not be ob-
noxious or deterimental to the area in
which they would be locat
d
" Inspector to insure rnmpliance with tt
cectioo. if the Chief IospeMOr firms th
e
.
Section 6.02. (Gasoline and Oil Service
Stations) Subdivisions 1 and 2 tbe~ proposed enclosure conforms to tl
standards of Subdivision 4 and other a
li
b
are amend-
ed to read: p
ca
k provisions of this code, he she
'Subdivision I. Purpose of Regulation,
It is hereby determined th
t issue the permit."
Subd. 6. Outside Merehandisinl
P
a
gasoline and
oil service stations and station stores may
ose ermanent Outdoor Displays. Permanei
outdoor displays for outside merch
di
p
particular problems in achieving
.compatibility with abutting and adjacent an
~.
ing shall conform to the followio
standards:
land uses because of potentially detri-
mental aspects of their
i al The display must be located withi
operat
on. The
public health, safety and general welfare
i a permanent enclosure placed on a pet
manent solace designed and
i
requ
res that, because of traffic hazards,
noise, light glare
outdo equ
pped t
facilitate proper drainage.
,
or storage and
display of merchandise, indiscriminate
ad
i ~ i The enclosure must be fn a locatioi
that will not cause obstroctian t
f
vert
sing, inadequate incineration
facilities, insufficient maint o sa
e vi
sfoo of drivers of automobiles entering o
i
enance, un-
sightliness and inadequate storage of de-
brie and used material ex
ting the business for which it is con
strutted. Permanent outdoor display en
s, such service eta-
'$mth stores be specifically
requlated closures may be of such a design as tt
permit maxlmnm visibility of their co
.
_
"Subd. 2. Definitions. The following n
tents but shall be rnustructed in accord.
once with applicable provision
f th
terms shall have the meanings ascribed
to them in this section: s o
e clay
buiklitig code and fire preventioe code,
within the setback area
(IJ The term "Service station," as
d i ,
e) The display enclosure may not b
use
n this section, means a retail place
of business engaged primarily in the sale e
located m areas reserved for off-street
parking orlasdscapmg
o[ motor fuels, but also may be engaged
in supplying goods and services generally .
di The d4play enMosure may not en-
croseh upon a pablic ri
ht
f
required in the operation and mainte-
nonce of automotive vehicles and the ful- g
o
way or on
adjacentpdvateproperty.
"Subd. 7. Outside Mercha
di
i
filling of motorists' needs. These may in-
elude sale of petroleum products: sale n
s
ng:
Permanent Outdoor Displays. Permits.
Permanent outdoor displays ma
.and servicinK of tires, batteries, automo- -
- five accessones and replacement items; y not be
constructed unless a permit therefor is
issued nailer this cectfon
Pe
washing and lubrication services; the
performance of minor automotive main- .
rmanent out-
door dlsphtys existing on the effeMive
date of this ordinance
h
ll
b
a
tenance and repair: and the supplying of
other incidental custom
r
i s
a
o
t
in a per
mil by December 31, 1974. The Dauer, or
mana
f
e
serv
ces and
products. d
n
d
y
j!
f
ger o
a badness or commercial uce
or their anthorized representative may
He further states on oath that the printe ~~
h
t
t 121 The term "Station store" means a
store located oo the same premises a make appBmtion to the Chief inspector
O° forms Provided 6
hi
ere
o a
tached as a part hereof was cut from ie umns o sal newspaper, an wasp ed s a
service station and designedandoperated y
m. The applica-
tiOn shall be accompanied b
for the additional purpose of the sale of
merchandise unrelated to automotive y a fee of
319.00, a sketch plan necessary to enable
the inspector to insare
li
operation, maintenance or reppaairs."
Section 6.02 is amended by adding'a tom
en
this cectioa. If the Chief IntgteMOr finds
that the proposed displa
conf
and published therein in the English language, once each week, for successive weeks;
subdivision to read:
"Subd, il. Merchandising Standards:
S y
orms to the
standards ~ snbdivision 6 and other appli-
cable provisions of this
code
he sh
ll i
ervice. stations and station stores are
subjeM to the provisions oP Section 6.23 of
thi •
,
a
s
she the permit."
"Subd. 8. Outside Merchandisin
s code relating to Outdoor Merchandis•
ing and Storage. In addition the following g;
Temporary Outdoor Displays: Permits.
Mercheudice maybe displayed te
that it was first so published On~the~'1~_day of ~+o1'+t"nitz»eT 1g~
staiidards apply to service stations and
station stores. Merchandise~notdisplayed
io a permanent or tam mporar-
ily or oo a seasonal basis Cf in compliance
wit6aubdlvlsionl0.
Subd 9
and was thereafter printed and published on every
and including
the day of _, 19 and that the following is a printed copy
- the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being
size and kind of type used in the composition and publication of said notice, to-wit:
abcdefghi j klmn opgrstuvwxyz
abcde(ghijklmnopgrstuvwxyz ~"?
~~ ,, .../
sir,'°'l,.trr.'.tCs"•%`'~-,WG+idd
~.
f 19~
porary outdoor ills Special Business Hour Dis-
play asprovided m Sectioa0.23 shall be Dlays.
'
-dis~layedon wooden or metal pallets al Busioesces, iududinq servi
o
ce sta-
r racks of a permanent or portable de- lion and station stores which display
sig°•
-stacked in an orderly compact ai!
ran
em merchandice during business hours but
_ store the merchandise Cn the' r
g
ent
-located fn areas not reserved for off- or in a permitted outdoor storage Bodo
sure after business hour
street parking or laodscapinq. -
• -Placed so as not to obstruct saf
i s need not con-
struts a permacent enclosure for outdoor
display
Such m
h
e v
-
Sion of driving public and customers.
-
r ,
erc
andise may also be
displayed within the front aril
setback
p
evented from encroaching oo pub-
tic right of ways or private propertyy
" . area of the business premises;
bl Not more than tw
.
The ordinance code is amended by add-
ing the following new s
ti o
chandisinq racks or pallets may be loca6
d b
ec
on:
"0.23. Outdoor Merchandising: Stor-
' e
eyond four Feet of the building;
el All portable displa
ra
k
age of Materials, Equipment and Invento-
ry. Subdivision 1
p
li y
c
s or pallets
shall be stored within the building in
hi
,
o
cy. The city council
recognizes that under certain circum- w
ch the business is located or within a
Permitted outdoor stora
stabces the practice of many tommercial
and industrial ent
i ge enclosure af-
~ ter business hours.
d
erpr
ses in the city of
providing storage space for materials l Portable display racks or pallets
may not be placed in areas
,
equipment and inventory adjacent [o
their business premises ma
be reserved fo
off-street parking or landscaping
6
plBCed io
y
Daces
saryforthd~~rytdactuf:acirbusiness.The
council findsthat such
i spe
P ^r as to en
aPoo a papb ~ -
Privat
i
y
`
pract
ces, if unre-
gulated, can have a detrimental effect oo
thepublic health
safet e ]
rSpttt
~
unsafely obstruct-they vision" oiw Baia
ente
i
,
y and general weF
fare. It is the purpose of this ordinance to
i r
ng or exiting the premises serveU.'
Subd. 10. Other Coaliti
mpose reasonable regulations on the
conduct of outside storage soil ons.
al Outdoor displays shall be kept free
of dirt soil litt
merchan-
dieing to Carry out the policy set forth
herein er.
bl The contents of displays, indudfn
' Subd. 2. Definitions. For the purpos- q
materials used In conjunction with the
sale of merchandise
shall b
es of this section, the terms defined here-
in have the mea
i
i ,
e maintained
in aaeat, order)
n
ngs g
ven them.
al "Storage" means the" placigg qr
d
i cl Merchandise d splayed for sale
shall be adequate)
Y Prote
t
epos
ting of equipment, materials or
inventory in a stora
e e
l c
ed from dam-
age from the elements. _
l
g
nc
osure for safe-
kee m
P~ g pending further use.
' l A reasonable amount of inventory
incidental to the me
h
bl
Equipment," "materials" or "in-
ventory" means equipment, material or
i rc
andising of goods
maybe kept in a permanent or temporary
outdoordisplay.
nventory owned or in possession in Ike
course of business of an industrial or
comm
i el Merchandise displayed for sale
shall hot obstruct publicor privat
erc
al establishment regulated by
this section; the term does not incl
d e side-
walks providing access to the business for
which the displa
i
d
u
e
utility trailers or trucks stored or offered
f y
s
esigned and main-
twined."
or sale 6y dealers licensed under Section
6.22 of this code, or new or us
d If) Outdoor di
Bated within the
bl
t
ay o
e
motor
vehicles stored or offered for sale by
mot pu
lic r ~h
of-
f on
adjacent private property
"
e
or vehicle dealers licensed under Sec-
lion 6.07 of this code.
" .
"Subd. 11. Outdoor Storage -and
Merchandising; Other Pro
i
i
cl
Merchandising" means the offer-
ing of goods for sale or rental to the v
s
ons -Unless
otherwise specifically provided, outdoor
storage and merchandi
i
gen-
era) public.
dl "Permanent outdoor di
l
" s
ng is subject to
other applicableprovisions of this code."
Section 3.30
Subdi
i
i
sp
ay
means merchandising by display on a .
v
s
on 1. pace;; to
i2i is repealed. ,
continuous, year-round basis.'
el "Temporary outdoo
di
" Passed by the City Council of tF
of Richfield this 11
'
r
splay
means seasonal or,intermittent merchan-
dieing by display on l th day of F
1974'
ess than a cbntinu-
ous, year-round basis..
" :- C~
ft
Permanent outdoor display endo- A[tes
RICH 'A. CAR'
sure" means a structure, contain
d
er or
evice of a permanent nature, designed in C
conformance with I
applicable provisions
of ehn emu., i,..:,~:__ .. 'F