HomeMy WebLinkAboutOrd #096-3rd Ser/Interim ord temp. prohibiting certain access structures/uses ORDINANCE NO. 96 , THIRD SERIES
CITY OF ORONO
HENNEPIN COUNTY;MINNESOTA
AN INTERIM ORDINANCE TEMPORARILY PROHIBITING
CERTAIN ACCESSORY STRUCTURES AND USES
THE CITY COUNCIL OF THE CITY OF ORONO, MINNESOTA ORDAlNS:
SECTION 1. Background.
1.01. Authority. Pursuant to Minnesota Statutes Section 462.355, Subd. 4,the City of
Orono is authorized to establish interim ordinances to regulate, restrict or prohibit any use or
development in all or a part of the City while the City is conducting studies, or has authorized a
study to be conducted, or has scheduled a hearing to consider adoption or amendment of the
comprehensive plan or official zoning controls. The City declares that this Interim Ordinance is
established pursuant to the aforementioned statute.
1.02. Findings and Purpose. There is concern that the current Zoning Ordinance
provisions relating to accessory uses or structures do not adequately regulate issues related to
location, size and definition of an accessory use or structure. The City has initiated the study of
the accessory use or structure provisions within the City's Zoning Ordinance. The City is in the
process of reviewing these studies and upon completion of this review will make the necessary
revisions to the Zoning Ordinance concerning accessory uses or structures. As a result of the
important land use and zoning issues cited above, the City Planning staff will conduct studies for
the purpose of consideration of possible amendments to the City's official controls to address the
issues concerning accessory uses or structures. The City finds that this Interim Ordinance must
be adopted to protect the planning process and the health, safety and welfare of the citizens.
SECTION 2. Definition. For purposes of this Ordinance, the term"accessory use or structure"
is defined as follows:
Accessory use or structure means a use or structure subordinate to and serving the
principal use or structure on the same lot and customarily incidental to the
principal use or structure.
SECTION 3. Prohibition.
3.01. In accordance with the findings set forth in Section 1.02 and pursuant to the
authority of Minnesota Statutes, Section 462.355, Subd. 4, there is hereby established a
moratorium on the establishment of accessory uses or structures in the R-lA, R-1B, LR-lA, LR-
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1B, LR-1C, LR-1C-1, RR-lA, RR-1B and RR-1B-1 zones except that the accessory uses listed
in Orono City Code Sections 78-229, 78-254, 78-304, 78-329, 78-349, 78-368, 78-394, 78-419,
and 78-443 shall be allowed.
3.02. During the effective period of this Interim Ordinance, applications for a building
permit or any other permit for an accessory use or structure shall not be accepted, considered or
approved by the City except for the accessory uses or structures listed in City Code Sections 78-
229, 78-254, 78-304, 78-329, 78-349, 78-368, 78-394, 78-419, and 78-443. This Ordinance
prohibits the further consideration and approval of any pending license application for an
accessory use or structure.
SECTION 4. Enforcement. The City may enforce this Ordinance by injunction or any other
appropriate civil remedy in any court of competent jurisdiction.
SECTION 5. Separability. Every section,provision or part of this Ordinance is declared
separable from every section,provision or part of this Ordinance. If any section, provision or
part of this Ordinance is adjudged to be invalid by a court of competent jurisdiction, such
judgment shall not invalidate any other section, provision or part of this Ordinance.
SECTION 6. Duration. This Ordinance shall take effect fifteen days after its publication and
shall remain in effect until the date of the adoption by the City Council of the amendments to
official controls contemplated hereunder or nine (9) months, whichever occurs first.
ADOPTED this 13th day of November, 2012 by the Orono City Council.
CITY OF ORONO
�- � .0 `Y(/.�=—
Lili Tod McMillan, Mayor
ATTEST:
� i da S. Vee, City Clerk
Published in The Laker and The Pioneer newspapers the week of November 17, 2012.
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