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ORD 98-01CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO. 98-1 INTERIM ORDINANCE EXTENDING PREVIOUSLY ESTABLISHED MORATORIUM ON RESIDENTIAL SUBDIVISIONS WITHIN THE CITY OF OTSEGO. Section 1. Purpose. This interim ordinance is hereby established for the following reasons: A. To halt present residential subdivision and subdivision applications within the City of Otsego. B. To extend the period of time required to complete revisions to the City's Comprehensive Plan and official controls in light of changed circumstances, including the City's decision to proceed with construction of wastewater treatment facilities and potable water services within the City. C. In order to protect the planning process, and insure proper land use controls. D. To protect the City's ability to financially undertake a sewer treatment plant. E. To protect the environment, and to provide for a safer City water supply. F. To protect the health, safety, and welfare of the citizens of Otsego. Section 2. Authority. The City Council is empowered by Minn. Stat. 462.355, Subd. 4 to pass an interim ordinance, applicable to all or a part of its jurisdiction, for the purpose of protecting the planning process and the health, safety, and welfare of its citizens. Section 3. Temporary Prohibition. For eighteen months after the termination of the previous interim ordinance prohibiting residential subdivisions, or until such earlier time as the Otsego City Council determines by resolution that the reasons for the moratorium no longer exist, no application for any type of proposed residential subdivision or application which will result in increased residential use of property not specifically exempted from this interim ordinance, nor any application for rezoning to any residential zoning designation shall be accepted or processed by the City. Section 4. Exceptions. Specifically exempted from this prohibition are the following: A. Applications for commercial or industrial subdivisions, which do not include residential uses. B. Allowable 1 per 40 land splits within agriculturally zoned areas. C. The issuance of building permits for individual residences, or accessory buildings upon lots which have been previously approved and which are in full compliance with the applicable lot requirements for a buildable lot within the zone in which they are located, or; if within a previously approved plat, in full compliance with any additional restrictions placed upon building within that plat. D. Applications for Conditional Use Permits, which do not result in increased residential use of property. E. Applications for variances. Section 5. Misdemeanor. Any person, persons, firm or corporation violating any provision of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished pursuant to Minn. Stat. 609.02, plus costs of prosecution. Section 6. Injunctive Relief. In the event of a violation of this ordinance, the City may institute appropriate actions or proceedings, including requesting injunctive relief to prevent, restrain, restrain, correct, or abate such violations. Section 7. Separability. It is hereby declared that the several provisions of this ordinance are separable in accordance with the following; if any court of competent jurisdiction shall adjudge any provision of this interim ordinance to be invalid, such judgment shall not affect any other provisions of this ordinance not specifically included in said judgment. Section 8. Effective Date. This ordinance shall take effect from and after its passage and publication, and shall remain in effect until eighteen (18) months from the termination date of the previous interim ordinance prohibiting residential subdivisions, unless a shorter period of time is approved by proper resolution of the Otsego City Council. ADOPTED by the City Council of the City of Otsego this 9TH day of February, 1998. IN FAVOR: fir, Fournier, Mayor, Council Members Vern Heidner, Suzanne Ackerman, Mark Berning and Virginia Wendel. OPPOSED: No One 1 / CITY OF OTSEGO any Fournier, Mayor atty, City Clerk Posted: 2/10/98 - City Hall Both Boards Published: Elk River Star0jejs: February 18th, 1998�&st Ce-A�47 Cof