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Home My WebLink About1980-07 07-03 AP BROOKLYN CENTER POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA CITY OF BROOKLYN CENTER COUNTY OF HENNEPIN SS. ORDINANCE NO. CHAPTER 3S THE CITY OR- DINANCES REGARDING AC- CESSORY OFF-SITE PARKING AND JOINT PARKING FACILITIES R. Germundsen THE CITY COUNCIL OFT bet dui sworn on oath says he is and during all the times herein stated has been the Vice President of OF BROOKLYN CENTER being Y o Y CITY w r no n s he Post Publishing publisher and printer of the ne sae k w a ORDAIN AS FOLLOWS. R DOES li g Co., l p p p p Section I. Section 35 -701 Subdivision BROOKLYN CENTER POST 3 of the City Ordinances is hereby amended as follows: and has full knowledge of the facts herein stated as follows: Section 35.701. LOCATION OF OFF. (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent STREET PARKING. in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each 3. Ordinance required parking spaces week. (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest to the community which accessory to uses located in a it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter business or industrial district shall and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at be on the same lot as the uses served least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its total circulation unless a special use permit currently paid or no more than three months in arrears and has entry as second -class matter in its local post authorizes (supplemental) ac. office. (5) Said newspaper purports to serve the cessory Off -site parking not located CITY OF BROOKLYN CENTER on the same property with the principal use. Special use permits in the County of Hennepin and it has its known office of issue in the City of New Hope in said county, established and open authorizing such parking may be during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and main issued- subject to the following tained by the managing officer of saidnewspaper or persons in its employ and subject to his direction and control during all conditions: such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately (a) Special use permits may be issued with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years only for business or industrial uses preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of -which have been continuously Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of operational on a specific site for at State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper least two years. is a legal newspaper. (b)Accessory off -site parking shall be permitted only' on properties located in districts Zoned cbm He further states on oath that the printed mercial (C1, CIA, C2) and in. r dustrial (1 -1 and 1-2), and on properties which are institutional P 1 ...r „•1. r ?...7. a' uses in residential zones, and having the same or less restrictive zoning classification as the prin- hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in cipal use. For the purpose of this section of the ordinance, In- stitutional uses in residential zones the English language, once each week, for s.. successive weeks; that itwas firstso published on shall have the same status as Cl zone property. (c) Accessory off -site parking shall be the...'.. day of. 19 and was thereafter printed and published on every limited to one site per each business or industrial use issued a special use permit. to and including the.......... day of 19 and that the following is a printed copy of the (d)The distance from the furthest point of the accessory off -site parking property to the site of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in principal use shall not exceed (300) 600 feet. (e)A minimum of 20 parking spaces the composition and publication of said notice, to wit: must be provided on the off -site parking property. (f) Accessory off-site parking shall be abcdefghijklmnopgrstuvwxyz -5 pt. Sans located such that pedestrian traffic will not be required to cross the following roadways to reach the principal use: (l) Major thoroughfares as de. fined in Section 35 -900; (2) 55Th and 56th Avenues North between Xerxes Avenue and Brooklyn Boulevard; R (3) Summit Drive; 7 f r„ (4) 66th Avenue North between Lyndale Avenue North and Camden Avenue North. Subscribed and sworn to before (g)Accessory off -site parking spaces may be credited to the parking me this _da of ..':1 A.D 19 a. requirements of the principal use if y the off-site parking property is legally encumbered to the sole 7 s..` i. 7. AA j."w..;:•� purpose o providing parking t accessory to the principal use. (h)Accessory off -site parking site improvements shall be provided as (NOTARIAL SEAL) required by the City Council. Section 2. Section 35-720 of the City Ordinances is hereby amended as Notary Public ........................County, Minnesota follows: Section 35720. JOINT PARKING FACILITIES My Commission Expires .......................19...... With respect to development complexes, the required parking facilities to serve two or more uses may be located on the same lot or in the same structure, provided that the total number of parking spaces fur- nished shall not be less than the sum of the separate requirements for each use. With respect to (nondevelopment complexes) separate Individual establishments, the City Council may approve the joint use of common parking facilities under the following conditions: NO. 1.The building or use for which ap- rti made to utilize the off. street Affidavit Of Publication street parking facilities provided by another building or use shall be located within 800 feet of (and contiguous to) such parking OF facilities C); and shall not be separated by a building or use with which it does not share parking facilities in the manner prescribed by this ordinance. In no case will joint parking facilities be located across those streets listed in Section 35701, Subdivision 3 (f). 2.The applicant shall show and the City Council must determine that there is no substantial conflict In the principal operating hours and parking demands of the two buildings or uses contemplating Published in joint use of off- street parking 3. A properly drawn legal instrument BROOKLYN CENTER POST providing tor joint use of' off-street parking facilities, duly approved by 8801 Bass Lake Road the City council as to form and MINNEAPOLIS, MINNESOTA 55428 manner of execution shall be filed as an easement encumbrance upon the title of the property. Section 3. Section 35 -900 of the City Ordinances is hereby amended as DATE OF PUBLICATION follows: 35 -900. DEFINITIONS Parking, Accessory Off -Site A legal arrangement in which parking spaces, located on property other than that of the principal use, are en- cumbered solely for use by the off -site principal use. Such spaces may be ATTORNEY credited to the ordinance parking requirements of the principal use by a special use permit if the requirements of Section 35701 Subdivision 3 are met. Parking Joint An easement agreement over certain property which gives a use located on a nearby or adjacent property the right to make use of parking stalls within the easement area. Such agreements are for the convenience of the respective FILED uses which share the same parking stalls at different times and cannot be used to meet the ordinance parking requirements for the off -site use. Section 4. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. BROOKLYN CENTER POST Adopted this ...day of 19.... ATTEST: Mayor Clerk Date of publication r Effective Date (Boldface indicates new matter, brackets indicate matter to be deleted.) (Published in The Brooklyn Center Post July 3, 1980.)