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