5.6. PCSR 03-09-2010~~ ~ ~~
Staff recommends approval of t1~e Ordinance as drafted.
I)urin~ a review of portions of the City Code, it came to the attention of the City Attorney that the
City's Interim Use Ordinance needs to lae amended to come into conformance with State Law.
Specifically, the current Interim Use Ordinance purports to allow tlae approval of interim uses that
are nat consistent with the City's Comprehensive flan at~d/ or that fail to comply with applicable
,zvnin~- standards. However, tl~e City is not authorized to approve such interim uses, as State law
requires that Interim Uses conform to the City's honing re~u.lations.
Therefore, the City Attorney has drafted an arr~ended Interim Use Ordinance which conforms to
applicable State I~aw, and specifies tlae findings that must be made before an Interim. Ilse permit can
be approved.
Draft Ordinance
r in~nc~ ®. I
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The City Council of the City of Ells Diver does hereby ordain as follows;
Section 1. That Section 30658 of tl.1e Ells River City Code shall be amended to read as
follows:
dec. 3~-G5~. ~ntexim uses.
a} .Defi~aitions. The definitions in section 30_i axe applicable in this section.
b} Author°i~atio~z. The Cit~r Council nay authorize intexiin uses of property by issuance
of i~~terim use permits,
c} Required findings. Before the City Council may authorize an intexitn use, it must
mare the following f~.dings;
1, The period of time fox which the interim use permit is to be granted will
terminate before any adverse impacts axe felt upon adjacent properties,
2, There is adequate assurance that the property will be left in suitable
condition after the use is terminated,
3, The use is similar to uses allowed in the zoning district in which the
property is located,
4. The date ox event that will terminate the use can be identified with
certainty,
5, Authorizing the use will not impose additional costs on the public if it is
necessary for. the public to tape the property ita the future.
6, The applicant and user agree to all conditions that the City Council deems
appropriate fox authorization of the interim use.
7. The applicant provides assurances deemed adequate by the City Council
that the use will terminate as provided in the interim use permit, The City
Council may requh~e the applicant to deposit a cash amount with the City,
ox provide some other form of security, to ensure compliance with this
criteria.
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8. Authorization of the interim use will not result in adverse effects on the
public health, safety, of welfare.
9. The proposed interim use is consistent with the City of Elk R1~rer
Comprehensive Plan and conforms to the City's zoning regulations,
d} .~pplicatian fay°~e~mit. Applications for interim use permits shall be processed in the
same manner as for conditional use permits, as established in this subdivision ~~~,
Section 2. That this Qrdinance shall tale effect upon publication as provided by law.
Passed and adopted by the City Council of the City of Ells Rivex on March 1 G, 20 ~ 0.
CITY ~F ~L ~VE~.
By~
Its.
By:
Its:
Stephanie Z~.nzna.g
Mayor
Tina Allard
City Clerl~
cl~.z~3~~~0 ~~1
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