Loading...
1957-011957-? AMENDMENT TJ ORDINANCE N0. 2.03 . AN O:DINi1NCE ANIENDINC THAT CEatTAIN ORDINANCE N0. 2.03 OF T~~iL VILLAGE OF RICHFIELD, MINNF~SOTA ENTITLED ~tAN ORDINANCE FOR THE i?URPOSE OF r'ROhiOTING HEALTH, SAFETY, ORDE~r, CONVENIENCE, ~';tOSPERITY AND GEA;ERAL taELFAi<E BY REGULATING Tail: U CE JF LANTi, TnE I.OCAT ION AID ll USE 0 F BUII..DINGS, TdE AitRANG~'~%NT JF IiUII.DINGS JN LOTS, AND THE DENSITY OF POPULATION IN TrfE VILLAGE OF RICHFIELD, HENNEFIN COUNTY, MINNESOTA" PASSED T;r~ 25TH DAY OF OCTOIsE~t, 1954, AS SUBSEQUENTLY A1~iENDED. The Village Council of the Village of Richfield do ordain that Ordinance No. 2.03 of the Village of Richf field, entitled «An Jrdinance for the Purpose of Promoting ,Health, Safety, i~rder, Convenience, i~ros- perity and General Sdelfare, by :Regulating the Use of Land, the Location and Use of Euildings, the Arrangement of Buildings on Lots, and the Density of copulation in the Village of Richfield, Hennepin County, Minnesota', passed October 25, 1954, as subsequently amended is hereby amended in the following respects: (1) Section 5, Subsection 2 thereof is hereby amended by adding the following paragraph, to wit: ' Lot 24, Block 4, Lyndale Shores on 'rood Lake Addition. (2) Sections 17 and 18 thereof are hereby amended to read as follows, to wit: t~SECTION 17. Ad~,justments, Appeals, and Special Use Permits. A. The Village Council, in each case as hereinafter provided, shall have the power to grant adjustments in and exceptions to any of the provisions of` this ordinance to the extent of the following. 1. To vary or rr~odify the s triet application of any of the regulations or provisions contained in this ordinance in cases in which there are practical diff iculties or unnecessary hardship in the way of strict application, such hardship being peculiar to the partic- ular property and. not usual or uniform in the particular or similar districts. 2. To permit the extension of a, district where the bo~zndary line thereof divides a lot in one ownership at the time of the passage of this ordinance. B. Application for any adjustment permissible under the pro- visions of this section shall be made to the Village Chief Inspector by written application. An ap~~lication for an adjustment shall be ac- companied by payment of a f ee of $10.00, in add ition t o the regular building permit fee, if any. Upon, receipt of any application, the Council may set a time a.nd place far a public hearing on such application. At least ten days before the date of any such hearing a notice of the hearing shall be published once in the official newspaper. C. In all cases in which adjustments or variances are granted under the provisions of this section, the Council shall require such evidence and guarantees as it may deem necessary to insure compliance with the conditions designated in connection therewith. ~. The Council shall not grant any application unless they find the following facts: 1. That there are special circumstances or conditions af- fecting the particular land, building or use referred to in the ap- plic~tion, not common to other properties in this or similar district. 2. That the granting of the application is necessary for the preservation and enjoyment of substantial property rights. 3. That the granting of the application will. not materially affect adversely tilt health or safety of Fersons residing or wort{ing in the neighborhood of the property of the applicant a.nd will not be mater- ially detrimental to the public welfare or injurious to property or improvements in the neighborhood. At tide hearing the applicant shall present a statement and evidence in such form as the village may require to stow these facts. ~:. Special use permits may be issued for any of the following: 1. Any of the uses or purposes for which such permits are required or permitted by the provisions of this ordinance. 2. Public utility or public services uses or public build- ing in any district when found to be necessary for the public health, safety, convenience or welfare. 3. Commercial excavating of natural materials used far building or construction purposes, in a.r.y district. 4. To classify as a conforming use any institutional use existing in any district at the tiir-e of the establishment of such dis- trict. 5. To ~±ermir the location of any of the following uses in a district from which they are excluded by the provisions of this ordinance: airport, library, conm~unity center, church, hospital and institution of an educational, philanthropic or charitable nature, ceme- tery, crematory, mausoleum or any other place for the dispoal of human dead. 6. To permit any use which is not specifically permitted in a particular district but is determined by the Village Council to be a use which is of the same general character as the uses enumerated in this ordinance as permitted uses in the district in which the use for which the special use permit is granted is to be located. ?. A spacial use permit shall. not be issued for the purpose of granting an ac~justr~.ent or variance in the ordinance pursuant to Sec- tion 16, nor shall a,ny use be permitted by a spt.ci~n 1 use permit w::~ich is specifically prohibited by the provisions of this ordinance. F. Application for the issuance of a. special use permit shall be made to the Chief Inspector. Any proceedings to classify certain uses as conforming uses as provided in this section r~~ay be initiated either by such application or by the Village Council. The Council may hold such hearings on the proposal to issue a special use permit as it may consider necessary, but at least one public hearing shall be held by the council or by a committee or comr:issian to be designated by the Council. on any application for a use permit for the establishment of any use list- ed in paragraphs E-5 anti 6 of t!1is sectior:. The Council shall not grant a permit unless it finds th~±.t the establishment maintenance or conduc- tion a~`' the use for which a use permit is sought will not under the cir- cumstances of the particular case be detrimental (1) to the health, safety, morals, comfort, convenience or welfare of the f~ersons residing or wonting in the neighborhood of such use of (2) to the public welfare or injurious to property or improvements in the neighborhood. It may designate con- ditions anr' require guarantees in the granting of use permits. G. Any use permitted under the terms of any special use permit shall be established an~i conducted in conformity to the terms of such perrr;it and of any conditions designated in connection therewith. SECTION 18. Commencing Use Under Special Use Permit. A special use permit shall. expire one year after it has been issued unless the use for which the permit has been granted has commencEd within such year, or unless, upon written application of the owner of the affected land, the Village Council shall extEnc~ the expiration date of such permit for an additional period, not to exceed one year. Adopted by the Village Council this l:~th,:~ day of .1~~~, 135?. r -~- _ _ ~~ ~ ~ n Kit tel.l~a or ?~red .. , Y r. ~~ ~2 Van; Krevelen, ~'~~iana;er ATTEST: t Pat.i 1 Ii. Iiauyen`, V~ llage Clerk have the power to grant adjust- ments in and exceptions to any oP the provisions of this ordinance 1~~ 7--~- to the extent oP the following, 1. To vary or modify the strict application of any oP th® regula- AFFIDAVIT OF PUBLICATION lions or provisions containea in STATE OF MINNESOTA 'his ordinance in cases in which COUNTY OF HENNEPIN there are practical difficulties or , SS .znnecessary hardship in 'the way ,, , rf stx•ict application, such harashiP ...5~._...t! ..--_ ~:G-'-©.?.(~.--------•--•-------------°---.----------.-•-°-----°---°°-•-------.._.___, being Chlly Being peculiar to the particular property. and not usual or uniform sworn, on oath says; that h~e is, and during all the times herein stated n the particular or similar dis- has been One Of the p' p publishers of the news a. er known as The ;r~ tTo permit the extension of a Richfield ~ News, and has full knowledge of the facts hereinafter aistrict where the boundary line , stated; that for more than one year prior to the publication therein ;hex•eof divides a lot. •in one owner- >hip at the time of the passage .~.~i1P,1~1(~??1C?'?~ ~,~ d;'•'~ ~.l"i,s.lx~!P 7 '~ >f this ordinance, Of the ------=-•--=•------==---•-•---•--•-•----••-•---------•-----• . .......:..:...~--~-0--~-~'-------------•--•-•--...-----..._. B. Application for any adjust- nent permissible under the pro- ~isions of this section shall be -----•---------...°-------°------•-----------°--------•------•---------•--•-•-----------------•-••-------------.... node to the Village Chief Inspec- or by written application. An aP- ------•---------------•-••----°---------•-------__.-..••-----------°--°•---•-----°------------•---••------•-•-------•----°-•---••------• ilication for an adjustment shall xe accompanies by Payment of a ---•-•-------•-•-••-•--•-•-•---°------------------•---------°--•-----°-•-•-•----------•-•--•------•----••--•----•-• 'ee of $10.00, in addition to the •egular building permit fee, if any. ; hereto attached, said newspaper was published in the Village of Rich- Jpon receipt of any application, ; field, in tYle County of Hennepin, State of Minnesota, on Thursday of :he Council may set a time ana ' +lace for a public hearing on such each week; that during all said time said newspaper hasbeen printed application. At least ten says be- in the English language from its office of publication within the Vill- 'ore the date oS any such hearing age of Richfield Hennepin County, Minnesota, from which it is issued ~ notice of the hearing shall be ~ +ublished once in the official news- aS above abated and in newspaper format and in column and sheet +aper, form equivalent in space to at least 450 running inches of single col- a. In all cases in which adjust- umn, two inches wide; has been issued as aforesaid once each week nents or variances are granted order the provisions of this sec- from a known office established in said place of publication 'and em- ion, the council shall require such ploying skilled workmen algid the necessary material far preparing +vidence ana guarantees as it may and printing the same; that the press work ~on that part of the news- teem necessary to insure compli- a er devoted to local news of interest to the communal it once with the, conditions desig-- 1~ p y purports fated in connection therewith. t0 SerVe has been done in its known office of publication; that during D. The Council shah not grant all said time in its makeup not less than twenty-five percent of its any aplication unless they Pind the news -columns have been devoted to local news of interest to the com- ollowing facts: 1. That there are special clrcum- munity it purports to serve; that during all said time it has not stances or conditions affecting thg--.., s wholly duplicated any other publication, and has not been entirely iarticular land, building or use •eferx•ed to in the application, not made up of patents, plate matter and advertisements; has been cir- ;ommon to other properties m this culated in and near its said place of publication •to the extent of a't >r similar aistrict. least two hundred and forty (240) copies regularlydelivered to pay- 2. That the granting of the an- in subscribers and llas entr as second class matter in its 1aea.1 st- xlication is necessary for the pre- gg Y 1~ ;ervation ana enjoyment of sub- office; and that there has been on file in •the office of ,the County ~tantial property rights. Auditor of Hennepin County, Minnesota, the affidavit of 'a person 3. That the granting of- the ap- Navin knawled g ~lication will not materially af- g ge of the facts, sh•owin the name and location bf 'ect adversely the health or safety said newspaper and the existence of the conditions constituting its if persons residing or working in qualifications as a legal newspaper. ;he neighborhood of the property if the applicant and will not be That the ~ ~ materially detrimental to the Pub- -- ~..__._~._ .~....•°----°...----•----•---°---°-•--••-•-•---•.-.°•-----••-°-------------•-° iic welfare or injurious to Property ~r improvements in the neighbor- ---------•-•--•-----•---------------•----•------•---•-------°-----•--------------------....--••--------•-•-------•---°-••-•-°----....---•- xood. At the hearing the applicant shall present a statement and evi- lence in such form as the village -°----°•-°--•---•--------------•----------•------°-•-------°------°••-------.....---•--•-•--•--•----•-°..-°....----.._..----•----••-° nay require to show these facts. E. Special use permits may be .............•----•-•-°--------------..._---------•----------°-----------°------°----------------•-•-------------------------°-•-------- issued for- any of the following: 1. Any of the uses or purposes hereto attached was cut from the columns of said newspaper, and was for which such permits are re- printed and published therein in the English language, once each cis red or pe~~rm.itted b~y the pro- gui ions of this ordinance. week far ~ __. successive weeks; that it was first so published 2. Public utility or public ser- , ••---~-•------------ vices uses or public building in any district when found to be on Thursday, the .___...?~_....._.._. day of .............~~a___.....___..__. 195 ._....7.___; necessary for the public health, safety, convenience or welfare. and thereafter an Thursday of each week to and including the 3. Commercial excavating of na- tural materials used for building y or construction Purposes, in any ---•--------°•-•--------------- d'a Of .__....____.....__......._____...-...----•-.---.195___••-.---.-; and that district. 4. To classify as a conforming the following is a printed copy of the lower case alphabet from A to Z, use any institutional use existing both inclusive, and is hereby acknowledged as being the size and kind in any aistrict at the time of the of type used in the composition and publication of sand notice, t'o-wit: establishment of such district. 5. To permit the -location of any of 'the following uses in a district --•-------•-•--°---°•-•--°----------•-•---------•--------°------------°--------•----------•-•---•-•• ......................•---.......---• from which they are excluded by the provisions of this ordinance: •--.-•_--,-•__-•----_---•_-___,--•_-__.•.•__•__________________ airport, library, community center, -----°-•----•----•°.--•----.°°------°°----._.-•--•..°---•-------•-•---- ~hurch, hospital and institution of an educational, philanthropic or , --°-•-•-•-•---•-°°-----•-°^---------••-•--------•------•-----°---•------•---•-•---•-•°--• charitable nature, cemetery, cre- '. --.. oratory, mausoleum or any other ' ---•-----...-•----•------•---------------•------•-•-r~•-- - -•--•-----•-------•--•--•-------•-•---•--- place for the disposal oP human I mno r dead. eb ~ {! St yZ 6. To permit any use which is ~ // ~, not specifically permitted in a / ~-Gr-L~Y~ t~ %(. .~ ~~-/ particular district but is deter- •'"'- •~" -" --" --~ f~._.._ ... mined by the Vill&ge ~C'ouncil to be Subscribed and sw before me this ._..,_... day ~f,..._.. ~ 19 .....__...; a use which is of the same general „~ ~' + , Z' `° /Y character as the uses enumerated ~~ y.:. ._2__YL..~. p:l.,_:~_,... ...f~~.c .4.__: ,:/. in this ordinance as Permitted uses in the district in which the use Notax ublic Henne In County, Mina. for which the special use permit - t, is granted is to be located. = 7. A special use permit shall not My COmm1SSlOn expires, , -• .._. ._... ,,.. c.,196______...... be issued for the purpose oP grant- ~ ~~ ing an adjustment or variance in ~' } -~ ~ ~?s- ~~•~ • r < y cur. L the ordinance pursuant to Section 16, nor shall any use be permitted by a special use Permit which is specifically prohibited by the pro- visions of this ordinance. F. Application for the issuance of a special use permit shall lae made to 'the Chief Inspector. Any proceedings to classify certain uses as conforming uses as pro-I vided in this section may' be in- itiated either by such application oi• by the Village Council. The , L?" Council may hold such hearings on • nronosal to issue a special use