8.2. SR 03-21-2016 - Laserfiche WebLink

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iver Ordinance 16 - to be removed Underlines to be added An Ordinance Establishing an Interim Ordinance (Moratorium) on the Issuance of Street Disruption or Building Permits for Permanent Structures within the Public Right -of -Way for One Year from the Date of This Ordinance and Exempting Current Franchise Holders WHEREAS, State Statutes, Section 462.355, Subd. 4 authorizes a city to enact an interim ordinance for the purpose of considering the adoption or amendment of official controls as defined in chapter 462; and WHEREAS, the city has received interest in permanent structures, including communication towers and related structures and facilities, within the public right-of-way; and WHEREAS, the City Council notes that official controls regulating the size, location, review authority, and permitting for permanent structures with public rights-of-way are not clear and need to be updated to address future requests to locate within the public right-of-way; and WHEREAS, the City Council identifies a need to make necessary changes to the city's official controls regarding the location of permanent structures within the public right-of-way to preserve the health, safety, and welfare of the residents and visitors; and WHEREAS, the City Council has determined that it is critical to complete a comprehensive review of and potential amendments to the city's official controls before approving street disruption or building permits for permanent structures in rights-of-way. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Elk River does hereby ordain as follows: 1. A Moratorium is hereby established, prohibiting the issuance of Street Disruption or Building Permits for permanent structures within the public right-of-way. 2. However, a building permit may be granted if the following conditions are met: A. If the permit is for the replacement of an existing structure within the public right-of- way with a new structure in the same location that is no larger or taller than existing structure. B. If the permit is for the repair of an existing structure within the public right-of-way, and the repair will not expand the existing structure. C. If the permit is for the construction, repair, or maintenance of structures owned by current franchise holders. 3. The City Council directs the Planning Department and the Planning Commission to complete an analysis of issues associated with permanent structures locating within the public right-of-way and develop a recommendation for the City Council to consider. NAYURE