8.1. SR 09-15-2003 - Laserfiche WebLink

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ORDINANCE 03 - CITY OF ELK RIVER AN INTERIM ORDINANCE ESTABLISHING A MORATORIUM ON THE DEVELOPMENT OR EXPANSION OF JAIL FACILITIES W/THIN THE CITY OF ELK RIVER The City Council of the City of Elk River does hereby ordain as follows: Section 1. Purpose: Due to the potential adverse impact of additional jail cells at the County facihty, and the need for public input on the expansion of such facilities within the City, the current definitions within the City Code are inadequate and require refining, a process that will require 3 months. Section 2. Findings: The City Council of the City of Elk River finds that it is necessary in order to protect the integrity of the City's zoning ordinance, and the health, safety and welfare of the citizens of Elk River, to declare a moratorium on the development or expansion of jail facilities within the City of Elk River until the City has completed the process of updating the City's Zoning ordinance provisions regulating such facilities. Section 3. Definition: Jail facilities shall mean those facihties that are used for juvenile or adult detention while within the court process. Section 4. Moratorium Declared: During the term of this ordinance and any extensions thereof, a moratorium is hereby imposed within the City of Elk River on the development or expansion of jail facihties within the City of Elk River. During the term of this moratorium, the City will not accept an application for or consider any approval required by the Zoning Ordinance or the Building Code for the development or expansion of jail facilities within the City of Elk River. Section 5. Waiver of Restrictions: In cases of hardship, any person having a legal or equitable interest in land and aggrieved by the requirements of this ordinance may apply to the City Council for a waiver of all or a portion of the applicable restrictions. A waiver may be granted where the City Council finds substantial hardship caused by the restrictions and finds that the waiver will not unduly affect the integrity of the planning process or the purposes for which the interim ordinance is enacted. An application for waiver shall be filed on a form approved by the director of planning. The director of planning shall prepare a report and recommendation and shall forward the request to the Planning Commission who shall conduct a public hearing on the request. Not less than ten (10) days before the public hearing, the director of planning shall mail notice of the time, place, and purpose of the hearing S:'xPLANNING\Case Files\2003\Jail Moratorium Ord. DOC