HomeMy WebLinkAboutOrd. 259 - Moratorium/NB
CITY OF ANDOVER
COUNTY OF ANOI(A
STATE OF MINNESOTA
ORDINANCE NO. 259
AN INTERIM ORDINANCE REGULATING THE USE AND DEVELOPl\1ENT
OF LAND WITHIN THE CITY OF ANDOVER FOR THE PURPOSE OF
PROTECTING THE PLANNING PROCESS, OFFICAL CONTROLS AND THE
HEALTH, SAFETY AND WELFARE OF THE CITY.
The City Council of the City of Andover does hereby ordain:
Section 1. Lecislative Findines of Fact.
. The City Council finds that unless appropriate measures are taken for a reasonable
interim to study the impact of commercial developments located in the NB,
Neighborhood Business District and in approved Planned Unit Developments with
NB designation on adjacent residential districts and to examine the type(s) of uses that
should be allowed in the NB District, incompatible commercial land uses could
develop causing harm to the health, safety and welfare of the occupants of the
surrounding residential land.
Section 2. Leeislative Intent.
It is the intention of the City Council to protect Ordinance No.8, the Zoning
Ordinance (an "Official Control" as defmed by Minnesota Statute Section 465.352,
Subdivision 15.), proposed amendments thereto, and their implementation by hereby
adopting, pursuant to the authority vested in the Council by Minnesota Statutes,
Section 462.355 an interim ordinance for a reasonable time during consideration of
the aforementioned Zoning Ordinance, proposed amendments, ordinances, policies
and regulations for the City, to protect the public health, safety and welfare of the
community.
Section 3. Affected Area: sUDersedes.
This Ordinance shall apply to and govern all lands within the City for the purpose of
protecting the planning process and official controls and the health, safety and welfare
ofthe City for a period of one year from the date of adoption. Those properties in
which Building Permits have been approved by the Building Official that prbvide for
Page Two
Interim Ordinance
November 20,2001
commercial development and construction in a NB, Neighborhood Business Zoning
District or commercial Planned Unit Developments approved as Neighborhood
Business, shall be allowed to develop and shall be exempt from the moratorium
provided the building permit was approved prior to November 20, 200 I. This
ordinance, during its effective period, shall replace and supersede provisions in all
other ordinances and regulations applicable to the City of Andover which are in
conflict or inconsistent with the provisions herein. All ordinances and provisions
therein which are not in conflict with the terms and conditions of this ordinance shall
continue in full force and effect.
Section 4. ScoDe of Control.
Except as hereinafter provided in this ordinance, during the period of November 20.
2001 through November 20.2002:
The Building Official shall not approve a building permit for a commercial
development or construction in a NB, Neighborhood Business District nor in a
Planned Unit Development with an NB, Neighborhood Business designation.
Section 5. Penalties.
Any person, firm, entity, or corporation who violates any provisions of this ordinance
shall be subject to the penalties and enforcement provisions set forth in Ordinance No.
10, Section 18 of the City of Andover.
Section 6. Validitv.
The validity of any word, sentence, section, clause, paragraph, part or provision of this
ordinance shall not affect the validity of any other part ofthis ordinance which can be
given effect without such invalid part or parts.
Section 7. Effective Date.
This ordinance shall take effect upon adoption and publication as required by law.
Adopted by the City Council of the City of Andover on this 20th day of November ,
2001.
CITY OF ANDOVER
AT~ drib
Victoria V olk, City Clerk
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lchael R. Gamache, Mayor
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