10-04-95 PCDRAFT NO. 2- 8/14/95
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
ORDINANCE NO.
AN INTERIM ORDINANCE TEMPORARILY PROHIBITING APPROVAL OF CERTAIN
DEVELOPMENT REQUESTS WITHIN THAT AREA OF THE CITY OF OTSEGO
GRAPHICALLY ILLUSTRATED ON EXHIBIT A.
THE CITY COUNCIL OF THE CITY OF OTSEGO ORDAINS:
Section 1. Definitions. The following terms whenever used in this
ordinance shall be interpreted to mean:
Development: The division of a parcel of land into two or more
parcels; the construction, reconstruction, conversion, structural
alteration, relocation or enlargement of any structure; any mining
excavation, landfill or land disturbance, and any use or extension
of the use of land.
Governmental Projects: A development undertaken by any
department, commission, independent agency or instrumentality of
the United States, State of Minnesota, Wright County, City of
Otsego, authority, district, or other governmental unit.
Section 2. Intent. It is the intent of this Interim Ordinance to
allow the City of Otsego to complete a previously authorized study
of the area in order to explore the possibility of this area being
used as the site of a proposed joint waste water treatment
facility, and to insure that during the period of time over which
the study is conducted that no development occurs within the study
area which may ultimately be incompatible with either the proposed
use of the area or surrounding uses, or that would result in
development which would not be in accord with sound planning
principles.
Section 3. Authority and Purpose. The City Council is empowered by
Minn. Stat. 462.355, Subd. 4 to pass an interim ordinance
applicable to all or a portion of its jurisdiction for the purpose
of protecting the planning process and the health, safety and
welfare of its citizens.
Section 4. Temporary Prohibition. For one year after the effective
date of this ordinance ,or until such earlier time as the Otsego
City Council determines by resolution that the reasons for the
moratorium no longer exist, no new development applications or lot
splits shall be approved or accepted for lands lying within that
area graphically described on Exhibit A, attached hereto and herein
incorporated by reference. Exceptions to this ordinance shall
include the following:
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EXHIBIT A
TOTAL P.02
1. Property for which properly completed applications for
development approval were filed on or before , 1995.
2. Building permits associated with projects approved on or
before , 1995.
3. Building permits associated with governmental projects.
4. Building permits for garages or accessory buildings as allowed
by current City ordinance, or minor improvements to the property.
Section 5. Misdemeanor. Any person, persons, firm or corporation
violating any provisions of this ordinance shall be guilty of a
misdemeanor, and upon conviction thereof, shall be punished
pursuant to Minn. Stat. 609.02, Subd. 3, or as subsequently
amended,plus costs cf 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, correct or abate such violations.
Section 7. Separability. 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 adjudge any provision of this ordinance to be
invalid, such judgment shall not affect any other provisions of
this ordinance not specifically included in said judgment.
Section S. Effective Date. This ordinance shall take effect from
and after its passage and publication and shall remain in effect
until one year after the effective date, unless a shorter period of
time is approved by proper resolution of the Otsego City Council.
PASSED by the City Council of the City of Otsego this day of
, 1995.
IN FAVOR:
OPPOSED:
CITY OF OTSEGO
Norman F. Freske, Mayor
Elaine Beatty, City Clerk