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PRINTER'S AFFIDAVIT OF PUBLICATION
<br />
<br /> '~, , CITY OF RAIv~SEY
<br /> · ANOKA COUNTY
<br /> ' ' STATE OF MINNESOTA
<br /> AN ORDINANCE AMENDING SECTION
<br /> 9.11.19 oF THE CITY CODE OF THE cITY OF:
<br /> RAMSEY BY AMENDING .SECTION 9.11.19,
<br /> SUBD. 5 rENTITLED "NoNCONFORMING'J:i
<br /> A'D,u ET USE: ~R I NCi PAL OR ACCESSORY".
<br /> Tt~citY of Ramsey Ordains:
<br /> sECTIoN 1 AMENDMENT. Section 9.11.19
<br /> entitled "Nonconforming Adult Use - Principal
<br /> or Accessory" of the City Code shall be amend-
<br /> ed to provid~as follows:
<br /> Sulxlivisien $. Nonconforming Adults Use -
<br /> PrinciPal or Accessory:
<br /> Adult uses which are classified as legal non-
<br /> conforming uses may continue in accordance
<br /> with the provisions of this chapter, excePt that
<br /> any such nonconforming use Shall be termi-
<br /> nated and become illegal on and after 31
<br /> January, 1992. To the extent possible, the City:
<br /> shall attempt to identify all such uses Which
<br /> become classified as nonconformin~ under the
<br /> .provisions of this subdivision and shall nOtify
<br /> · the property owners and operators of such'u~es
<br /> : in writing of ~he change in status and terms and
<br /> condit!0ns which apply. The owner of any prop-
<br /> erty on which an adult use is located may apply
<br /> to the COuncil for an extension of the termina-
<br /> tion date. Any Such application shall be in writ-
<br /> lng and'be received by the City nc~ later than 31
<br /> December, 1991. Failure to submit a timely ex-
<br /> tension application shall constitute a waiver of
<br /> the right to request an extension. The City'
<br /> Coun~:il may grant such an extension if upon the.
<br /> Council's determination, the applicant demon-
<br />? strates that the amortization, period is an un-
<br /> reasonable burden upon the business and does ·
<br /> not allow adequate time to recover a reasonable
<br /> r~n upon the business investment. The appli-
<br /> i~hal[ have the burden of proof to demon-
<br /> ~ardship with the established termination
<br /> ~ and also the time required for an exten-
<br /> sion. In making its decision, the Council may
<br /> consider any factor relevant to the issue, in-
<br /> cluding but not limited to:
<br /> a. The degree or magnitude of threat to the
<br /> public health, Safety and general welfare pOsed
<br /> by the secondary impacts of the operation.
<br /> b. The length of time that the adult use has
<br /> been Operating.
<br /> c. The ease b)~ which the property could be
<br /> converted toe,conforming use.
<br /> d. The nature and character of /he surroun-
<br /> ding neighbortiood.
<br /> e. The value and condition of the improve-
<br /> ments on the property.
<br /> f. The amount of the applicant's investment in
<br /> the business.
<br /> g. The amount of investment already real-
<br /> ized.
<br /> h. The cdst of relocating the adult use.
<br /> SECTION 2, ENFORCEMENT OF
<br /> PENALTIES.
<br /> Any person violating any provision of ~'his Or-
<br /> dinance is guilty of a misdemeanor and upon
<br /> conviction shall be punished not more than the
<br /> maximum penalty for a misdemeanor as
<br /> prescribed by State law. In the alternative, any
<br /> violation Of this chapter may be enjoined by the
<br /> City Council through property legal channels.
<br /> Each daY, a vio!ation is permitted to exist shall
<br /> con~titutq,~separa~teoffense.
<br /> In .cas~ an.y building, structure, or land is
<br /> ~)r0P°s'~d ~o'b~ erected, reconstructed, ~ltei'ed,
<br /> convett, ed~maintained or used in violation of
<br /> this ·chapter, the City Council, in addition to
<br /> other remedies,, may institute in the name of
<br /> the City of RbmSey any appropriate action or
<br /> proceeding to prevent, restrain, Correct or
<br /> abate such building, structure, or land, or to
<br /> in Or about such premises, any act,
<br /> bUsiness, or use constituting a vio-
<br /> .
<br /> SECTION 3. SEPARABILITY.
<br />' it'is herel~y declared tO be the intention of
<br /> Cily that the ~bg.eral provisions of this Ordi-
<br />~hence are separable in accordance with the fOl-
<br /> lowing:
<br /> ' a: i~ any court of competent jurisdiction shall'
<br /> --adlUdge any provision-o~tffis:O~linailce: to be
<br />_ invalid, such iudgement shall not affect any
<br /> -ot_h~r provision of this Ordinance not spe~:ifical-
<br /> ly i'h'cl~ded in said judgement.
<br /> b. It ar~y court of competent jurisdiction sh~ll
<br /> a~[udge i~lv~lid the application of any provision
<br /> of this Ordinance to a particular property,
<br /> j~g or other structure, such Judgment shall
<br /> act ther application of said provision to
<br /> l~,~he~' property, building or
<br /> s~J~T~ic~l!y im:luded in said judgment.
<br /> SECTION 4. EFFECTIVE DATE.
<br /> This Ordinance becomes effective thirty (30).
<br /> days after its publication, subject to City
<br /> Charter Section 5.07. ' ':' '
<br /> PASSED by the City Council .of the city of
<br /> Ramsay, Minhes~ta, the 14th day or' N~Vember,
<br /> 1991.
<br /> -s- James R. Gilbertson ~"~ '
<br /> Mayor
<br /> ATTEST:
<br /> -s- Ryan R. Schroeder
<br /> City Administ:ator
<br /> Introduction date: November 8, 1991
<br /> Posting dates: November 8, 1991 through
<br /> November 14, 1991
<br /> Adoption date: November 14, 1991
<br /> Publication date: November 22, 1991
<br /> Effective date: December 23, 1991
<br /> abcdefghijklmnopqrstuvwxyz
<br /> Published in Anoka Co. Union
<br /> Nov. 22,.1991 .
<br />
<br />STATE OF MINNESOTA )
<br /> SS
<br />Counfy of Anoko )
<br />
<br /> Peter G. Bodley, being duly sworn, on oath says that he is the managing editor of the
<br />newspaper known as the Anoka County Union, and has full knowledge of the facts which are
<br />stated below:
<br />
<br /> (A) The newspaper has complied with all of the requirements constituting qualification
<br />as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other
<br />applicable laws, as amended.
<br />
<br /> (B) The printed ..... 0RD I NANCE ...............................................
<br />...................... Number.. 9.] .-.1.7 ...........................................
<br />which is attached was cut from the columns of said newspaper, and was printed and
<br />published once each week, for..O.FI~ .... successive weeks; it was first published on Friday,
<br />the ..... ~13d ..... day of November. ..... 19.9.1, and was thereafter printed and
<br />published on every Friday to ~nd including Friday, the ................ day of
<br />
<br />................ ,19 .... ; and printed below is a copy of the lower case alphabet fi'om A to Z,
<br />both inclusive, which is hereby acknowledged as being the size and kind of type used in the
<br />composition and publication of the notice:
<br />
<br />abcdefghii k l mnopqrstuvwx yz
<br />abcde~ing Editor
<br />
<br /> Subscribed and sworn to before me on
<br />
<br />7.t,h... day of...No)/ember., m..9:1 ×,A~~/~~u~
<br />
<br /> ~ ~{ ¢~ ANOKA COUNTY
<br />
<br />RATE INFORMATION
<br />
<br />(1) Lowest classified rate paid by
<br /> commercial users for comparable
<br /> space
<br />
<br />(2) Maximum rate allowed by law for the
<br /> above matter
<br />
<br />(3) Rate actually charged for the above
<br /> matter
<br />
<br />$, 7.00 ................
<br /> ( I,ine, word, or inch rate)
<br />
<br />$. 7._00 ................
<br /> ( I,ine, word, or inch rate)
<br />
<br /> (Line, word, or inch 1'ate)
<br />
<br />
<br />
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