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HomeMy WebLinkAbout1010 Ord (Height Variance Requests and Wind Turbines)ORDINANCE NO. 1010 AN ORDINANCE AMENDING THE STILLWATER CITY CODE CHAPTER 31, ENTITLED ZONING ORDINANCE BY REVISING THE GENERAL PROCEDURES FOR HEIGHT VARIANCE REQUESTS AND SPECIFYING THAT WIND TURBINES ARE SUBJECT TO HEIGHT LIMITS THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN: 1. Amend. City Code Chapter 31, Section 31 -208 is amended by adding the following: (h) Height variances. The City Council is the final City authority for deciding upon any request for a height variance that would be more than 10% greater than the height allowed in this Chapter. The Planning Commission must hold a public hearing on a height variance request and must make a recommendation to the City Council on whether the requested variance meets the findings required in Section 31 -208 (d). 2. Amend. City Code Chapter 31 is amended by adding "Section 31- 513.1. Wind Turbines" as follows: Subd. 1. Maximum Height. No portion of a wind turbine or its appurtenances may exceed the maximum height established for the zoning district in which the wind turbine is located. 3. Savings. In all other ways City Code Chapter 31 will remain in full force and effect. 4. Effective Date. This Ordinance will be in full force and effect from and after its passage and publication according to law. Enacted by the City Council of the City of Stillwater this l day of September, 2009. CITY OF STILLW Ken I fcki, Mayor TEST: a- ff Diane Ward, City Clerk City of Stillwater Sta water tiazette September 4, 2009 ORDINANCE NO. 1010 AN ORDINANCE AMEN DINGTHE STIL LW 0.TER CITY CODE CHAPTER 31, ENTITLED ZONNIXONALIQg BY REVISING THE GENERAL. PROCEDURES FOR HEIGHT VARIANCE REQUESTS AND SPECIFYING THAT WIND TURBINES ARE SUBJECT TO HEIGHT LW; THE CITY COUNCIL OF THE CITY OF ORDAIN: &awl City Code Chapter 31, Section 31 -208 is amended by adding the following: (h) Height variances. The City Council is the final City authority for deciding upon any request for a height variance that would be more than 10% warder than the height allowed in this Chapter. The Ptanning Commission must hold a public hearing on a %height variance request and must make a recommendation to the City Council on whether the requested variance meets the findings required in Section 31-208 (d). Amend, City Code Chapter 31 is amended by addmg "Section 31-513.1. Wind Turbines" as follows: Subd.1. Maximum Height. No portion of a wind turbine or its appurtenances may exceed the maximum height established for the zoning district in which the wind turbine is located: In all other ways City Code Chapter 31 will remain In A ,Nnat-+ tautaiM &t r,p M 1AC 101 Q i'Th 'flr tit a 41)e In alotloelitid`iffeitf from and after Its and pubfieekOrt actordlev to law. Enattied by the Clty Council of the City of Stiliwaterthis 1st day of September, 2009. CITY OF STILLWATER /s/ Kent Harycki Ken Harycki, Mayor ATTEST: Is/ Diane Ward Diane Ward, City Clerk (Sept: 4, 2009) Stillwater, Ordinance No. 1010 AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF WASHINGTON 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): 4 of September 2009 Newspaper Ref. /Ad #943086 Subscribed and sworn to before me this 4 day of September 2009 Mark Berriman NOTARY PUBLI Washington County, Minnesota My commission expires January 31, 2011 MARK EDWARD BERRIMAN NOTARY PUBLIC rt ar +i MINNESOTA My Commission':zpiras Jan. 31, 2011