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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. l j I e! t( 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 i r 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 I 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. + 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 i i day of Aprit ,` 1985. ATTEST: ! -.2 i 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