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HomeMy WebLinkAbout1006 Ord (Noise Control Regulation) ORDINANCE NO.:I006 AN ORDINANCE AMENDING THE STILLWATER CITY CODE, CHAPTER 38-3, NOISE CONTROL REGULATION THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN: 1. Amendin1!. Stillwater City Code Section 38-3, Noise Control Regulation, is amended by adding Section 38-3, Subd. 4 that will hereafter read as follows: "Section 38-3, Subd. 4 Variances. (a) The City Council is empowered to grant requests for waivers from the literal provisions of the Noise Control Regulation because of circumstances unique to the individual property under consideration. (b) For property in the PA Public Administration Zoning District, no waivers may be granted until a public hearing is held by the City Council and a notice of the time, place and purpose of the hearing must be published in the official newspaper of the municipality at least 10 days prior to the day of the hearing. Similar notice must be mailed at least 10 days before the day of the hearing to each owner of property situated wholly or partly within 350 feet of the property to which the request for a waiver relates. (c) In all other Zoning Districts, for events such as block parties and backyard gatherings for birthdays and weddings, the City Council may proceed to hear and grant waivers without notice if the applicant provides written letters of support from adjoining neighbors. (d) The City Council may, from time to time, establish by resolution, the requirement that an application fee be paid in order to file a request for a waiver under this section." 2. Savin1!. In all other ways the City Code will remain in full force and effect. 3. Effective Date. This Ordinance will be in full force and effect from and after its passage and publication according to law Adopted by the City Council of the City of Stillwater this 17th day of March, 2009. ATTEST: ~~a);ud- Diane F. Ward, City Clerk AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF WASHINGTON City of StIllwater 'StII1Wat8r Gazetl8 · M8rch 20. 2009 ORDINANCE MO.:1. AN~''''''''TNasnu.wATIR cri'Y CODI, cIWTIIt....,.. CONTROL, REGULATION THE CITY COUNCR. OF THI CITY OF S'tIL.L.YM't'ER DO&8 0RDt\IN: 1. AIJ'lIf'dIna. ~ CIty Code SectIon 3&-3. Nol8e ContrOl Regulation, is amended by aCIdIng 8ecIlon3&-3, Stibd. 4 that will hereafter read .. follows: ' , "Seclion 3&-3. Subd. 4 ~ (8) The City COUl1CiII$ ~ to grant requests for wai_ from the \IteraI pIOIIisions ,of the ~ Controt ftegulatIon because of circumstances unlqua to the indivldUalproperlY, under conslderation. (b) . For property in the P.\ P\IbIIc Admini8tl'&tlonZoaing Dlatrk:t, no waivers may be granted until a public heating is hekf by ttIe CIty CoI.ild ~ a. no\lCfl OJ the 1Irf'Mt. ,.. ""purpc1118 (If .... ~ ~be ~ in thjHllflcial . of '* inllnIolpaIItyaf/eillt' 10_ prioriQ the daY ofttle ~$War ROb must be~. at leaSt 10 days before the day of the hearing to each owner of prop. erty situated whcIIy or partly within 350 feet of the property .tp which the request for a waiver reIat8s. ===~~~ $UQIl;$ ~writttIn ~ of IIiUPPOrttrotn , . ~ , ,', ,', (d) "'(4I1y'coUnC\l~_-p_~bJ- .;the recjiiltet'nentlth,at an .~Ifl ~. .-_. ClRIe,t to"'. iequeet f(It. wiliverUlld8r tIii8 ..... '.,' " , .,',," .::. . -.: ~ in all other...... ~ c., CQde WiN remain in fultiorclt andefllet.' . ' ,',.,,' " """:."",",, .'-"',,':i',",,',,',-,".-. '."'<' --,,'" ,.'::,: '::':,' ,'... ~'DIda. ,This 0rcIInancfI WIll, "'In full force land'6ct frorn..ater;"~~~~tolaw Adopted by the City Council of the City of Stillwater this 17th day of March, 2009. ClTYOF snu..WATER Is! Ken Haryckl AT:T~, " Diane F. Wwd. City Clerk , (Mar. 20. toOt) StlIIliv8ter ~,Na_:tooe Julie Athey, being duly sworn on oath, says: that she is, and during all times herein states has been, Clerk of Sun Newspapers Publisher of the newspaper known as the Stillwater Gazette, a newspaper of general circulation within the City of Stillwater and the County of Washington. That the notice hereto attached was cut from the columns of said newspaper and was printed and published therein on the following date(s): 20th of March 2009 Newspaper Ref.! Ad #906873 r- ;/Ctiu( Subscribed and sworn to before me this 20th of day of March 2009 M.~, NOTARY PUBLIC Washington County, Minnesota My commission expires January 31, 2011 MARK EDWARD 8ERRIMAN NOTARY PUBLIC MINNESOTA .~ '_'.," _ ~A.y com~!~_s~~n ~E:'D~,\:e3 Jan. 31 12011