HomeMy WebLinkAbout85-0054
r'ITY OF PRIOR LAKE
INTERIM ORDINANCE NO. 85
AN INTERIM ORDINANCE TO REGULATE, RESTRICT OR PROHIBIT ANY USE,
DEVELOPMENT OR SUBDIVISION WITHIN THE CITY OF PRIOR LAKE
MUNICIPAL DEVELOPMENT DISTRICT NO. 1 IN ORDER TO PROTECT THE
PLANNING PROCESS AND THE HEALTH, SAFETY AND WELFARE OP THE
CITIZENS OF THE CITY OF PRIOR LAKE.
The City Council of the City of Prior Lake does hereby ordain:
SECTION 1 - RECITALS
1.1 MUNICIPAL DEVELOPMENT DISTRICT NO. 1. The City of Prior
Lake has established Municipal Development District No. 1
by resolution dated March , 1985. A copy of an outline
of said district is attached hereto showing the
district's boundaries.
1.2 PLAN. The City of Prior Lake is currently negotiating to
have prepared a market feasibility study that will
provide realistic guidelines for the preparation of a
downtown plan. The downtown plan is located within the` =;
Municipal Ddvelopment District No. 1.
1.3 APPLICABLE LAW. Minnesota Statute Sec. 462.355, Subd. 4,
authorizes a municipality to enact an interim ordinance
to regulate.'festrict or prohibit any use, development "or
subdivision within the jurisdiction or a portion thereof
to protect the planning process and the health, safety
and. welfare of its citizens. In accordance with this
statute, the City Council for the City of Prior Lake
adopts this interim ordinance in order to protect the
Municipal Development District No. 1 during this planning,
process..
SECTION 2 - TERM OF ORDINANCE
2:1 This ordinance shall be effective for a period of one (1)
year from the date it is enacted an(l may hQ extended by
the City Council for such additional periods as the City
Council may deem appropriate, not exceeding a total
additional period of eighteen (18) months.
SECTION 3 - APPLICABILITY OF ORDINANCE TO EXISTING
SUBDIVISIONS OR BUILDING PEFTMIT GRAN'T'S
3.1 This ordinance shall riot halt, delay, or impede any
subdivision which has been' liven preliminary approval by J
the City of Prior Lake or any building permits which have
been issued prior to the effective date of this
ordinance.
SECTION 4 - ADMINISTRATION AND ENFORCEMENT
4.1 ZONING OFFICER. The City planner designated by the City
Council as the Zoning Officer shall:
a. Administer and enforce provisions of this
ordinance;
b. Issue Certificates of Occupancy and building
permits;
C. Maintain a permanent file of all applications
as public record.
SECTION 5 —RESTRICTION AND REGULATION WITHIN THE
MUNICIPAL DEVELOPMENT DISTRICT NO. 1
5.1 PROJECT BOUNDARY. While this ordinance is in effect, all
applications for development, building permits, or
subdivisions within the Municipal Development District
No. 1 project boundary shall be submitted to the Zoning
Officer for review. An application shall be submitted to'
the Zoning Officer showing the detailed. location,
dimensions and such other information as may be required
by the Zoning Officer, including its intended use of the
! development br improvement, together with a fee as
determined by the City Council. No construction,
subdivision, remodeling or other improvements to any
existing or new structure located within the Municipal
Development District No. l shall be permitted without
first obtaining a permit and approval by the Zoning
Officer.
5.2 ROUTINE MAINTENANCE. Routine maintenance of any existing
structures within the Municipal Development. District
No. 1 project boundary shall be exempted from the
provisions of this ordinance, provided, however, that the
aggregate dollar limitation spent for such maintenance
does not exceed $ $,000.00 within any twelve (12)
consecutive month period.
SECTION 6 - BOARD OF ADJUSTMENT
6.1 A committee of three (3) individuals appointed by the
City Council shall act as the Zoning Board of Adjustment
and shall have the duties as set forth in City of Prior
Lake Ordinance 5 -6 -3. Any appeals from a ruling of the
Zoning Officer may:be taken by the property owner or
agent within thirty (30) days after the order utilizing
the - procedures set forth in City of Prior Lake Ordinance
3 5 -6 -4. A further appeal from an adverse ruling by the
Board of Adjustment may he had by filing a petition for
review before the Citv'Council within thirty (30) days
after receipt of the written adverse ruling of the Board
of Adjustment.
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SECTION 7 - ENFORCEMENT PENALTIES.
7.1 Any violation of this ordinance may be enjoined by the
City Council . through proper legal channels and any
person, firm, partnership or corporation who violates
this ordinance .shall be guilty of a misdemeanor and upon
conviction,'thereof be punished by a fine not to exceed
Five Hundred Dollars ($500) or by imprisonment for a term
not to exceed ninety (90) days or both for each offense.
Each day a vdlol.wk� .on is permitted to exist shall
constitute a separate offense.
SECTION 8 - ENFORCEMENT REMEDIES
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8.1 In case any building, structure or land is, or is
proposed to be, erected, constructed, reconstructed,
altered, converted, maintained or used in violation of
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this ordinance,. the City Council, in addition to other
remedies, may institute in the name of the City any
appropriate action or proceeding to prevent, restrain,
correct or abate such building, structure or land, or to
prevent in or about such premises, any act, conduct,
business or use constituting a violation.
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This ordinance shal'l become effective from and after its passage
and publication.
Passed . by the City Council of City of Prior Lake this 8th
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day of Aprit ,` 1985.
ATTEST:
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City Manager Mayor
Published in the City of Prior Lake American on the 15th day
of April , 1985.
Prepared by
Lommen, Nelson, Sullivan & Cole, P.A.
Attorneys for the City of Prior' Lake
1120 TCE ,'Power
Minnea•pol;s, Minnesota 55402 "
(6 12) 339 -•8131