09-12-1994 Council Packet - Laserfiche WebLink

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Il wean to the Council that the consequences of requiring upgrade of nonconforming senlic sy^ m *e Shoreland Overlay District at any tin« a build^ permit is re<iu«T*n^^ undesirable in sonw respects or at some locations. The Council, therefore, finds that it is nece^ to study the impact of such requirements on the underlying purposes of the Ci^l I W of public and pnvatc expenditures and to provide the public guides to ftitute City action. Since enactment ^an amei^nt to the code would undoubtedly modify existing regulations coi^mmg the retired upgrade of septic systems which are nonconforming solely due to the lack of 3 serration as noted above, the further enforcement of requirements to upgrade such i^ld be ^nn^ to the purpose of the Zoning Enabling Act, Miimesou Statutes 462.351. ct. seq. The Council further finds that it would be unwise, improper, and unjust to enforce the requirement for such upgrades to occur during this study. Therefore, the City staffs authonty to enfoiw the requirement for upgrade of such nonconforming systems shall not be exercised during the limited terms of this ordinance, as provided in Section 3. rw vr Council on September 13, 1993 adopted Ordin^e No. 120, Second Senes which initiated a study regarding the implications of requiring upgrade of noncom'oimmg sewage treatment systems as a condition of building permit approval, a further regarding the implications of requiring such upgrades in areas that might be served with mumcipal sewer in the future, and the potential need for amendments to the City Code and Comprehensive Plan to implement the results of said study. This study is currently underwav but has not been completed. ^ 3. El^tcnsion of Interim Ordinance The City Council finds that it would be unwise, improper and unjust to enforce the requirement for septic system upgrades as noted above until the study as provided in Section 2 has been completed. Section 4 of Ordinance No. 120, Second Series allows the duration of said ordinance to be extended by adoption of a subsequent ordinance for up to 18 additional months after the March 13, 1994 expiration date. Therefore, the City Council hereby extends the interim ordinance per the provisions of Section 5 below. SECTION 4. Restrictions on Enforcement of the Requirement for 1 Nonconformin2 On-site Sewaee Treatment Systems. For all properties located within the Shoreland Overlay District and which request a building permit or variance for any purpose, the City Inspector shall determine the conformity stanis of any on-site sewage treatmem system in use on the property. However, if such sewage treatment system is determined to be nonconforming due solely to the lack or 3’ separation noted above, such nonconforming status shall not be cause to deny the building permit. Further, for all areas of the City, either within i.t I . .11