5.5. PCSR 03-09-2010 - Laserfiche WebLink

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9. Therefore, the City Council finds that the defin.itian of Solid Taste Facilit~~ in Cl~.apters 30 and 5S of the Ells River City Code does, and always has, included required buffer areas and buffer zones and that, tl~.erefore, required buffet areas and buffer zones are required by the current City Code to be located within. the Solid Taste Facilities Q~rerlay Zoning District. 10. Notwithstanding die language of the City Code requiring that all propert~r needed or useful for the processing or disposal of solid waste be located within the Solid waste Facilities Overla~r Zoning District, and its 22-year l~istor~r of complying wit11 this .requirement, Ells River Landfill is now taking the position that the City's SWF ordinance is ambiguous and that required buffer areas or buffer zones are not req~.ured to be located within the Solid Waste Facilities overlay Zoning Dist~.•ict. 1 ~ , In light of this new position by the Landfill, the City Council finds it appropriate to reaff:~~~. the intent of the 5~1F ordinance that all components of a Solid Taste Facility be located within the Solid waste Facilities overlay Zoning District, including buffer areas and buffer zones, by adopting appropriate amendments to Chapters 30 and 58 of the Elk Rivet City Code. ORDINANCE THEREFaRE, the City Council of t11e City of Ells River does hereby ordain as follows: Section 1. That Sections 30T1 and 5891 of the Ells River City Code shall be amended by revising the first sentence in the definition of "Solid Waste Facility" to ~•ead as follows: Solid Taste Facility means all property, zeal or personal, including negative and positive easements, water and ah• rights, all storm water management facilities, and all buffer areas or buffer zones, which are or nay be required, needed or useful for the processing or disposal of waste and for which processing or disposal of waste a license is required under the provisions of this Code. Section 2. That Section 301 S34 of the Ells River City Code, entitled SWF "Solid Taste Facility overlay District," shall be amended by adding new subsection ~e} thereto, which sl~.all read as follows: ~e} Solid Waste Facilities restricted to SwF -Solid Taste Facilities C}verlay District. No Solid Taste Facility, including any portion of a Solid waste Facility, any easements, water or air rights, all storm water management facilities and all buffer areas or buffer zones required, needed or useful for the establishment and/or• operation of the Solid waste Facility, shall be located or operated in the City except in those areas of the City located within the SwF -- Solid Taste Facilities Overlay Zoning District. Section 3. That Section 500-100 fib} of d1e Ells River City Code, entitled "Location of Solid Waste Facilities," shall be amended to read as follows: 2