FINAL ORDINANCE NO. 08-156 - Laserfiche WebLink

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SECTION 1. STUDY AUTHORIZED. The Planning Commission is hereby authorized and directed to continue its study of the City's shoreland regulations for the purpose of developing and making a recommendation to the City Council in accordance with this Section. The study will consider the City's existing shoreland regulations, the state statutes and rules regarding shorelands and the revisions needed to the City's shoreland regulations in order to bring them into compliance with Minnesota Rules Part 6120.2500 — 6120.3900 and the proposed regulations that the Planning Commission recommends the City Council adopt. SECTION 2. MORATORIUM IMPOSED. A moratorium is hereby imposed on the consideration or approval by the City of any subdivision or development proj ect within the Shoreland District except for: (a) projects that have been granted concept, preliminary, or final plan or plat approval; and (b) any project that would address environmental threats through the installation of essential services such as sewer, water, storm sewer, or other public safety mechanism and that would extend these services into areas that are planned for public infrastructure. "Subdivision" has the same meaning given the term in the City Code. "Development project" means any subdivision, planned unit development (PUD), conditional use permit or interim use permit. SECTION 3. INTERPRETATION AND DURATION. The City Council shall decide any questions regarding the application of this Ordinance. All inquiries regarding the application of this Ordinance shall be submitted to the City in writing and the City Council's decision regarding the matter shall be final. As part of interpreting this Ordinance, the City Council may issue written clarifications of, and variances from, its terms as needed to effectuate its purpose and intent. Tbis Ordinance shall remain in effect until the effective date of an ordinance amending the City's shoreland regulations or one year from the interim ordinance's effective date, whichever occurs first, unless it is expressly repealed by the City Council. SECTION 4. PENALTY AND ENFORCEMENT. Any person, firm, partnership, corporation or other entity violating any provision of this Ordinance shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to imprisonment for up to 90 days, a fine of up to $1,000, or both, plus the costs of prosecution. Each day that a violation occurs shall be considered a separate offense. The City may enforce this Ordinance through criminal prosecution or by undertaking such civil actions or proceedings, including injunctive relief, as it determines appropriate to prevent, restrain, correct, or abate any violation or threatened violation of this Ordinance. The initiation of one type of enforcement action shall not preclude the City from instituting any other action or proceeding available to it under law to enforce this Ordinance. SECTION 5. SEVERABILITY. Every section, provision and part of this Ordinance is declared severable from every other section, provision and part thereof. If any section, provision or part of this Ordinance is held to be invalid by a court of competent jurisdiction, such judgment shall be invalidate any other section, provision or part of this Ordinance. SECTION 6. EFFECTIVE DATE. This Ordinance shall be effective upon its legal passage and publication. SECTION 7. Adoption Date. This Ordinance 08-156 was adopted on this 18`s day of October, 2016, by a vote of 5 Ayes and 0 Nays. 487893vl SIS LA515-1