00-005-O
ORDINANCE NO. __________
AN ORDINANCE ESTABLISHING A ONE YEAR DEVELOPMENT MORATORIUM IN THE AREA TO BE SERVED BY THE NORTH SHORE WASTEWATER COLLECTION SYSTEM.
BY PRESIDENT GILBERT:

The city of Duluth does ordain:

Section 1. Statement of Purpose.

The City of Duluth is in the process of extending a sanitary sewer system along the North Shore of Lake Superior through a cooperative effort with Lakewood and Duluth townships and other governmental entities. The sewer extension is necessary for both within and beyond the City of Duluth's territorial boundaries to alleviate health and safety problems caused by failing and marginal septic systems constructed on the rocky terrain of Lake Superior's North Shore. The extension of the sanitary sewer system along the North Shore will inevitably lead to increased development pressures in this scenic and environmentally sensitive area. The City of Duluth is in the process of updating its comprehensive municipal plan but has not yet conducted necessary land use studies of the North Shore area. It is also envisioned that land use studies of the North Shore area will be conducted by the proposed North Shore Sanitary District after it is established. It is the purpose of this ordinance to impose a one year moratorium on development within the North Shore area of the City of Duluth to allow for the completion of land use studies and the development of appropriate land use regulations to regulate development after the sewer is available. This moratorium is necessary to prevent inappropriate development and urban sprawl on the North Shore and to prevent overall aesthetic and environmental degradation in the area.

Section 2. Findings of Fact.

The Duluth City Council finds that the following facts exist:

a. The North Shore of Lake Superior within and adjacent to the city limits of Duluth is a uniquely beautiful and environmentally sensitive scenic area;

b. Protecting the scenic North Shore from aesthetic and environmental degradation is essential to maintaining the quality of life for residents of Duluth and for maintaining the economic health of Duluth and the surrounding region;

c. It is necessary to extend municipal sewage collection systems along the North Shore from the Lester River to beyond the corporate limits of Duluth to alleviate health and safety problems caused by failing and marginal septic systems;

d. The development of a sewer system along the North Shore as described above will cause economic pressure to develop more land in the area;

e. Present land use controls that the City of Duluth has in effect are not adequate to protect the environmental and aesthetic qualities of the North Shore from intense development pressure;

f. The City of Duluth is presently updating its comprehensive municipal plan but has not completed land use studies in the North Shore area;

g. It is now planned that the sewer system along the North Shore will be operated by a proposed North Shore Sanitary District which is scheduled to conduct an independent land use study for its sewered area;

h. It is necessary for the City of Duluth to enact a one year development moratorium in the North Shore area to allow for the completion of the above mentioned land use studies and for the development and enactment of new land use controls when appropriate;

i. The area encompassed by the moratorium should be the area between the shore of Lake Superior and Minnesota State Highway 61 (Rohweder Memorial Highway) bounded by the Lester River on the southwest and the Duluth city limits boundary on the northeast.

Section 3. Moratorium.

The Duluth City Council hereby places a moratorium from the effective date of this ordinance until one year thereafter upon development of any kind, except as expressly permitted herein, in the area described below. This action prohibits all additional development, except as expressly permitted herein, in the area described below. This action prohibits all additional development, except as expressly permitted herein, in said area and places a moratorium on those provisions of Chapter 50, Duluth City Code, 1959, as amended, pertaining to zoning, permitted uses, variances, and special use permits in the area. This action also places a moratorium on the issuance of building permits in the area except for items specifically allowed herein. The area covered by this moratorium is as follows:

The area lying between the shore of Lake Superior and Minnesota State Highway 61 (Rohweder Memorial Highway) bounded by the Lester River on the southwest and the Duluth city limits boundary on the Northeast.

Section 4. Exceptions to Moratorium.

It is the intent of the Duluth City Council that this moratorium should not impose undue hardship upon the existing residents in the moratorium area. Therefore, the following actions are exempt from the moratorium:

a. The repair or remodeling of any structure in existence on the effective date of this ordinance provided that no change in use of the structure, as defined in Chapter 50 of the Duluth City Code, is made.

b. The construction of a garage which is accessory to an existing residence, is 900 square feet or less in area, is not designed for human occupancy and contains no plumbing facilities.

Section 5. That this ordinance shall take effect and be in force 30 days from and after its passage and publication.