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ORD 91-16ORDINANCE NO. 91-16 CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA INTERIM ORDINANCE PLACING A TWELVE MONTH MORATORIUM ON THE CONSTRUCTION OF CERTAIN ACCESSORY BUILDINGS WITHIN ALL RESIDENTIALLY ZONED AREAS OF THE CITY'S IMMEDIATE URBAN SERVICE AREA AS DEFINED BY THE COMPREHENSIVE PLAN. The City Council of the City of Otsego ordains: WHEREAS, The City of Otsego, formerly the Town of Otsego incorporated pursuant to Order of the Minnesota Municipal Board effective November 15, 19901 has authorized a study to be conducted relative to the adoption of official controls as defined in Minn. Stat. 462.3520 Subdivision 15; and WHEREAS, the City Council has determined that control of certain accessory buildings within residentially zoned areas of the immediate urban service area would tend to protect both the planning process and the health, safety and welfare of its citizens; and WHEREAS, the City Council is empowered by Minn. Stat. 462.355, Subdivision 4 to pass an Interim Ordinance applicable to part of its jurisdiction, such Interim Ordinance to be effective for one (1) year. Sec. 1 Moratorium. With the exception of application to farms and farming operations, as defined by the City,s Zoning Ordinance, that there is from the effective date of this ordinance for one year thereby established a moratorium on the construction of accessory buildings in those areas zoned residential within the Immediate Urban Service area of the City Of Otsego, as defined by the Comprehensive Plan. Said accessory buildings to be limited as follows: A. Total accessory space on any lot shall not exceed 1,500 square feet. B. Freestanding accessory buildings shall not exceed 12 feet in sidewall height and shall be of the same exterior finish as the principal structure on the residential lot. Sec. 2 Misdemeanor. Any person, persona, firm or corporation violating any prow sons U this ordinance shall be guilty of a misdemeanor, and upon conviction thereof shall be punished pursuant to Minn. Stat. 609.021 Subdivision 3, or as subsequently amended. Sec. 3 Inluncti,ve Rel,liof. In the event of a violation of this ordinance, the City may institute appropriate actions or proceedings, including requesting injunctive relief to prevent, restrain, correct or abate such violations. Sec. 4 leparability. It is hereby declared to be the intention that the several provisions of this ordinance are separable in accordance with the following: If any court of competent jurisdiction shall ad udgge an rovision of this ordinance to be 'invalid, such jjudgement s?all not affect any other provisions of this ordinance not specifically included in said judgement. Sec. S Effective Date. This ordinance shall be in full force and effect rom and after its passage and publication. Passed by the City Council of the City of Otsego, this 26th day Of August, 1991. CITY OF OTSEGO -419 �t 2 F - , MAYOR ATTEST: N OME-1TARM-T, CLERK