1969-05Bi11 No. 1969-5
AMENDMENT TO CHAPTER III, PART IV, SECTION 3.27, SUBDIVISION
3, PARAGRAPH 24, AND SECTION 3.29, SUBDIVISION 2 OF THE
ORDINANCE CODE OF THE CITY OF RICHFIELD, MINNESOTA
CITY OF RICHFIELD DOES ORDAIN:
Chapter III, Part IV, Section 3.27, Subdivision 3, Paragraph 24, and Section
3.29, Subdivision 2 of the Ordinance Code of the City of Richfield, Minnesota,
are hereby amended to read as follows:
(Section 3.27; Subdivision 3, Paragraph 24)
"(24) "Non-Conforming Use" means a use lawfully in existence
on the effective date of this code /and not conforming to the regulations
for the district in which. it is situated/ that does not conform in use,
height. location, or size. or anv one or more of these, with the re~ula-
bons of the district in which it is located, except that such a use is
not.non-conforming if it would be authorized under special use permit where
located."
(Section 3.29, Subdivision 2)
"Subd. 2. Non-Conforming Uses. Any use, building, or structure
lawfully existing as of the date on which it was rendered non-conforming
by this part or any previous zoning ordinance of the city or its corporate
predecessor may be continued even though such use, building, or structure
may not conform /with the provisions of this chapter for the district in
which. it is located./ in use, height, location, or size, or any one or more
of these, with provisions of this chapter for regulations of the district
in which it is located, with the following exceptions and restrictions:
(1) No existing building or premises devoted to a use not permitted
by this chapter in the district in which the building or premises is located
may be nelarged, extended, reconstructed, substituted or structurally altered,
unless the use thereof is changed to a use permitted in the district in which.
it is located, except when required by law to do do.
(2) No such non-conforming use may be extended to occupy a greater
area of land, or be moved to another part of the parcel.
(3) Anon-conforming use may be extended throughout an existing
building provided no structural alterations are made.
(4) If such non-conforming use ceases for a period of two years,
any subsequent use shall be in conformance wzth the provisions of this
chapter.
(5) If any non-conforming use of lands on which there is no sub-
stantial building is discontinued for any period of time, any subsequent use
of land shall be in conformity with. the provisions of this chapter.
(6) If at any tip a non-conforming building or structure is damaged
by fire, earthquake, wind, water, explosion, riot, war or act of God to the
extent of more than 50% of its then market value at the time of the damage,
then without further action by the Council, the said building and the land
on which the building was located shall from and after the date of such damage
Bill No. 1969-5 cont. ~k2
conform to all regulations of this chapter. The determination of the
extent of the damage and the fair market value of the building or struc-
ture shall be made by the City Council.
(7) Notwithstanding any other provisions of this Code, no junk
yard existing as a non-conforming use in a Residential or Commercial District
such junk yard b~ completely enclosed within a building or within a continuous
solid fence not less than eight (8) feet in height and in any case of such
height as to screen completely all the operations of such junk yard. The
plans of such building or fence shall have first been approved by the Chief
Inspector.
(8) Nothing in this Code shall be construed to prevent the strengthen-
ing or restoring to a safe condition of any part of any building or structure
declared unsafe by a proper authority."
~ ~"
Passed by the City Council of the City of Richfield, Minnesota, this 24th
day of March, 1969.
0
Attest: ,~%
~'~ ~/~
~.
Thomas .~ j`~Ioran, City Clerk
r.
.,-_
Stanley W. Olson, Mayor
1
State of Minnesota 1 _ _ -
(Official Publicatiool
County of Hennepin j SS.
Bill No. 1969.5 (Non-Conformiug Usel
AMENDMENT TO CHAPTER III, PART N,
SECTION 3.27, SUBDIVISION 3, ' PARA-
GRAPH 24,,AND SECTION 3.28, SUBDIVI-
SION 2 OF THE ORDINANCE CODE. OF
THE CITY OF RICHFIELD, MINNESOTA
CITY OF RICHFIELD DOES ORDAIN: -
Chapter ill, Part N. Section 3.27, Subdi-
W. JOHN BERTRAM, being duly sworn, on oath says he is and during all times here stated vision 3, Paragraph 24. and section 3.29, Sub-
sas been the vice president and printer of the newspaper known as The Richfield Sun division 2 of the Ordinance Cade of the City
and has full knowledge of the facts herein stated as follows: (1) Said newspaper of Richfield, Minnesota. are hereby amended.
to read as follows:
is printed in the English language in newspaper format and in column and sheet form iSection 3.27, subdivision 3. Paragraph 241
equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and '~i24~ "Non-Conforming Use" means
is distributed at least once each week. (3) Said newspaper has 50% of its news columns devoted a use lawfully' in existence on the ettec-
tive date of this code land not contorm-
to news of local ixi~erest to the community which it purports to serve and does not wholly inq to the regulations for the district in
duplicate any other publication and is not made up entirely of patents, plate matter and which it is situated. ~ that don nM coo-
advertisements. (4) Said newspaper is circulated in and near the municipality which it purports form in use, hiight, location, a sire.
to serve, has at least S00 copies regularly delivered to paying subscribers, has an average of or aoy one or more of tbese, with ebe
at least 75% of its total circulation currently paid or no more than three months in arrears regulations of the district iu which it is
located, except that such a use is non-
and has entry as second-class matter in its local post-office- (5) Said newspaper purports to conforming if It would be authorized
serve the .City of Richfield in the County of Hennepin and it has its known office of under special use permit where located."
i Section 3.29, Submvlsion 2 i
issue in the City of Bloomington. in said county, established and open during its regular business "Subd. 2. Non-Cootormiog Uses. Any
hours for the gathering of news, sale of advertisements and sale of subscriptions and main- use. building, or structure lawfully exist-
tained by the managing officer or persons in its employ and subject to his direction and con- ing as of the date on which it was
rendered nonconforming by this part or
trot during all such regular business hours and devoted exclusively during such regular any previous zoning ordinance of the city
business hours to the business of the newspaper and business related thereto. (8) Said news- or its corporate predecessor may becon-
paper files a copy of each issue immediately with the State Historical Society. (7) Said news- timed even though such use, building,
or structure may not conform (with the
paper has complied with all the foregoing conditions for at least two years preceding the day provisions of this chapter for the district
or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of in which it is Iocated,l in use, height, to-
State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the ~ cation, or size, or any oat or more of
form rescribed by the Secretor of State and si these, with provisions o/ this chapter for
p y fined by the publisher of said newspaper and regulations of tbe district in which it
sworn to before a notary public stating that the newspaper is a legal newspaper. is located, with the following exceptions
and restrictions:
iU No existing building or Premises
devoted to a use not peim~tted by this
chapter in the district in which tbe build-
, I .-~ ~ i, w~~q~~ ~1 ing or premises is .located may be en-
~J~T,j i~~~~y -~a7,tl l larged, extended, reconstructed, substiWt-
He further states on oath that the printed ... ........ .. .......... ed is located may be enlarged, extended,
hereto attached as a part hereof was cut from the columns of said newspaper, and was printed reconstructed, substiwted or structurally
altered, unless the use thereof is changed
to a use permitted in the district in
which it is located, except wben required
by law to do so.
and published therein in the English language, once each week, for ........ successive weeks; 121 No such non-conforming use may
be extended to occupy a greater area of
land, or be moved to another part of the
parcel.
ry 131 A nonconforming use maybe ex-
1'ra lay s . ~ f day of i~~ ~ r C'~' 6 ~ tended throughout an ex~shng building
at it was first so published on ............ the .. .. 19 ..... provided no structural alterabons are
made.
14 i I[ such non-conforming use
ceases for a period of two years, any
subsequent use shall be in conformance
L n with the rovlslons of this chapter.
and was thereafter printed and published on every ~.tXr+a "'...... to and including i51 tf any nonconforming use of lands
on wlych there is no substantial building
is discontinued [or anv period of time,
any subsequent use of land shall be in
conformity with the provisions of this
~'?'].t;ir,~. ~.~ T~arch 69 chapter.
.... the ... day of .. 19 and that the following is a printed copy i6i If at any time anon-conforming
of the lower case alphabet from A to Z, both inclusive, and is 'hereby acknowledged as being building or structure is damaged by
the size and kind of type used in the composition and publication of said notice, to wit: Eire, earthquake, wind, water, explosion,
abcdefghijklmnopgrstuvwxyz riot, war or act of God to the extent of
more than 50`~ of its then market value
abcdefghijklmnopgrstuvwxyz at the time of the damage, then. without
further action by the Council, the said
building and the land on which the building
was located shall from and after tbe
date of such damage conform to all
<~%~~/l'II~--- regulations of this chapter. The deter-
' urination of the extent of the damage
and tbe fair market value o[ the building
or structure shall be made by the City
/~ < , ,% ~ - Council
/ ~/' /~ 171 Notwithstanding anv other provi-
Subscribed and sworn to izefore me this ~,!. day of :... ~...^' ~-'' `~",~ sions o[ this Code, no jutdt yard existing
........... 19... ..
Jr ~ - as anon-conforming use in a Residential
or Commercial District such junk yard
by completely enclosed within a building
or within a continuous solid fence not
(Notarial Seal) less than eight 181 feet in height in any
_ case of such height as to screen complete-
- "7 ~ /`~ ly all the operations of such junk yard.
- /,"/~,:., The plans of such building or fence shall
~ ~_ - ~ ~~~~ - ,.mac-G~G,i~ fi.:-~`~"-~"' have first been approved by the Chief
`~--- 7' LLL~~~ Inspector.
Barbara Samuelson, Notary Public, Ramsey County, Minn. i9i Nothing in this Code shah be con-
strued to prevent the strengthening or
restoring to a safe rnndition of any part
of any building or structure declared
unsafe by a proper authority."
Passed by the City Cwndl of the City of
y Commission Expires November 8, 1971 Richfield, Minnesota, this 24th day of
March. 1969.
i s 1 STANLEY W. OLSON
Mayor
Attest:
i s i THOMAS J. MORAN
Clerk
1 Mac 27,19691-RN
~-