HomeMy WebLinkAboutFINAL ORDINANCE NO. 97-035CITY OF LAKE ELMO
ORDINANCE NO. Q"7vj
AN ORDINANCE EXTENDING THE DEVELOPMENT MORATORIUM IN THE
VILLAGE AREA
THE LAKE ELMO CITY COUNCIL ORDAINS:
1.0 Recitals.
A. On November 4, 1997, the Lake Elmo City Council adopted
Ordinance No. 97-21 which established a development moratorium
for that portion of the City of Lake Elmo which is illustrated
on Exhibit A attached ("Village Area").
B. The development moratorium established by Ordinance No. 97-21
was effective for nine months and will terminate on August 18,
1998.
C. The development moratorium established by Ordinance No. 97-21
was enacted to permit the City's Village Commission adequate
time to study the Village Area and make recommendations for
the adoption of official controls which would preserve,
protect and enhance the rural and historic character of the
Village Area.
D. The City's Village Commission will soon complete its study and
inventory of the character of existing parcels in the Village
Area and is in the process of drafting recommendations for
official controls which would apply to the Village Area.
E. The City's Village Commission needs additional time to
complete its task.
2.0 Extension of Development Moratorium. The Lake Elmo City
Council hereby extends the development moratorium originally
enacted by Ordinance No. 97-21 for all property within the Village
Area. The extended development moratorium will commence on August
18 1998 and will continue until and including the 31 day of
MRRC. , 1999, unless otherwise terminated by action of the
Lake Elmo City Council. During the extended development
moratorium:
A. No property within the Village Area may be rezoned from
its current zoning classification to any other zoning
classification except the agricultural (AG) zone.
B. Any property in the Village Area which is currently zoned
residential may not be further subdivided.
C. Except as hereinafter provided, new structures or
significant alterations to existing structures shall not
be permitted:
1. Any residential development in the Village Area
which has already been approved by the City Council
may be developed in a manner consistent with the
City's current zoning and building regulations.
2. Expansions to the rear of buildings and the
addition of decks to the rear of buildings shall be
permitted.
3. In any of the residential zoning districts, new
construction and additions to existing structures
will be permitted.
4. The paving and repair of existing parking lots will
be permitted.
D. Alterations to the front facades of buildings and the
expansion of building floor areas which alter the
architectural character of buildings in the general
business (GB) zone shall not be permitted.
E. In any event, the expansion of an existing structure or
the construction of a new building which will require the
granting of a variance will not be permitted.
F. The extended development moratorium shall not apply to
subdivisions resulting in parcels of 10 acres or greater;
nor shall it apply to subdivisions where necessary to
allow for minor lot line adjustments.
3.0 Enforcement. The City of Lake Elmo may enforce any provision
of this ordinance by mandamus, injunction or any other appropriate
civil remedy in any court of competent jurisdiction.
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4.0 Separability. Every section, provision, or part of this
ordinance is declared separable from every other section, provision
or part of this ordinance. If any section, provision of 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.
Effective Date. This Ordinance shall be effective the day
following its publication or on the day following the publication
of an Ordinance Summary approved by the Lake Elmo City Council.
Adoption Date. Passed by the Lake Elmo City Council on the
4-*N day of August, 1998.
ATTEST:
ary K ffner
City Administrator
Publication Date
B\ORD\VILLAGE.ORD
July 30, 1998
Published on the
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