Ordinance Sunset Clauses
Dear Management Doctor:
Canyon County is considering a sunset clause for the administrative division process which is allowed by our current zoning ordinance. Do you know of any agency who has previously dealt with this issue and/or has a sample ordinance? Any thoughts?
Wendy I. Howell
I don’t but assume some of our readers do and will send along some references for samples. I am wondering why the County wants a sunset clause? I assume this is a new provision and they want to see how well it works. It does seem to me that a number of our new planning ideas could benefit from being examined at a sunset date.
The Management Doctor
Not sure if this is what you are looking for — but we had a sunset clause on our illegal 2nd unit “amnesty” program. I’ll attach the Resolutions. It was pretty straightforward.
ORDINANCE NO. 1195
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MILL VALLEY AMENDING SECTION 20.90.060 OF THE MILL VALLEY MUNICIPAL CODE EXTENDING THE SUNSET PROVISION OF THE RESIDENTIAL SECOND UNIT AMNESTY PROGRAM
THE CITY COUNCIL OF THE CITY OF MILL VALLEY DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1: Section 20.90.060 of the Mill Valley Municipal Code is hereby amended to read as follows:
20.90.060 — Sunset Provision.
Section 20.90.060 shall no longer be effective or apply and shall be repealed in its entirety on July 1, 2004, unless such date of repeal is further extended by resolution of the City Council. Notwithstanding the foregoing, Section 20.90.050 shall continue to apply to any applications for existing residential second units timely filed during the amnesty period
SECTION 2: PUBLICATION AND EFFECTIVE DATE.
Within fifteen (15) days after its adoption, this Ordinance shall be published in a newspaper of general circulation in the City of Mill Valley. This Ordinance shall go into effect thirty (30) days after the date of its adoption.
THE FOREGOING ORDINANCE was first read at a regular meeting of the Mill Valley City Council on the 1st day of December, 2003 and was adopted at a regular meeting of the Mill Valley City Council on the 15th day of December, 2003 by the following vote:
AYES: Councilmembers Fisco, Raker, Waldeck, Mayor Swanson.
Approved as to Form:
I was a little confused by the inquiry. Is the question about a local requirement voiding a particular planning action after a specific period of time if no work has been completed on the planning action, or is the question asking about a local requirement that makes a local regulation null and void after a specific period of time? If it is the former, then state law may provide some guidance, or the concept of due diligence that the Tahoe Regional Planning Agency uses could be useful. If it is the latter, we have sunsetted some portions of our code when the specific reason for the regulation no longer exists.
Michael A. Harper, FAICP
I like to use a sunset clause in CUP approvals because once the construction is completed and monitoring takes place for several years, I can get the project off calendar and the land has one less encumbrance. Does it need to be an ordinance if you can condition it anyway?