09-13-1993 Council Packet - Laserfiche WebLink

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undesirable in some respects or at some locations. Hie Council, theretore, finds that it is necessary to study the impact of such requirements on the underlyini ’ purposes of the City’s land use and /oninj: provisions, on the provisions of the City’s comprehensive planning, and on the citizens of Orono. riie Council further finds that if. as a result of this study, the land use controls and zoning provisions contained in the City Code or the provisions of the Community Management Plan need to be revised, such revision is a process that cannot be accomplished until a study has been completed and a hearing held. During this period, it is desirable that the Council establish guidelines for the benefit of those who wish to improve their property and for the benefit of those who have or \mI1 be found to have nonconforming systems, in order to bring about savings of public and private expenditures and to provide the public guides to future City action. Since enactment of an amendment to the code would undoubtedly nutdify existing regulatioas concerning the retiuired upgrade of septic systems which are noncontorminc solely due to the lack of 3’ separation as noted above, the further enforcement of requirements to upgrade such systems would be contrary to the purpose of the Zoning Enabling Act. Minnesota Statutes 462.351, et. seq. riie Council further finds that it would be unwise, improper, and unjust to enforce the requirement for such upgrades to occur during this study. 1 heretore, the City stalf s authority to enforce the requirement for upgrade of such nonconforming systems shall not be exercised during the limited terms of this ordinance, as provided in Section 5. SHCnON 2. Study. The Cttuncil hereby refers this matter to the Planning Commission to initiate a study regarding the implications ot requiring upgrade ot nonconforming sewaee treatment systems as a condition of building pennit approval, and lurther 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 tliat study. SECTION 3 Restrictions Enforcement of the Regu.remen t for Upgrade_Qt Nonconforming On-site Sewage Treatment Systems. For all properties ItKated within the Shorcland Overlay District and which request a building permit or variance for any purpo.se. the City Inspector shall detennine ihe conformity status of any on-site sewage treatment system in use on the property. however, if such sewage treatment system is determined to be nonconfonning due M>lely to the lack of 3’ separation noted .'l-ove. such noncontorming suitus shall not be cause to denv the building permit l urther. f*»r al! areas of the City, either within or not within the Shotel.md Overlay District, enforcement of the requirement to upgrade septic systems which are noncontorming «)lely due to tlte lack of 3‘ separation, shall be suspended for the duration of this interim ordinance. SEC HON 4 Du ration This ordinance shall expire on March 13. 1994. without r,.un.il ..clion! or It may be repealed earlier if die Council determines dial the requisiie snidies have bsen eompicted and adopied and dial appiopiiale cvalualion and aelion, invluding ^ neeessarv revisions of the Zoning Cinle, or Comprehensive Plan, have Iwn linaliacd The duiaiion of this ordnance may be exieiided by adoption of a subsequeni ordinance lor a total of m>t more than 18 additional momhs