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#14-3700 Amend Section 7&1379 November 13,2014 Page 2 Background The City Council adopted Municipal Zoning Code Section 78-1379 per Ordinance 119 3`a Series on December 9, 2013. Entitled `Alternative Energy Systems', this section included definitions relative to Wind Energy Conversion Systems (WECS), and then established that WECS are not an allowed use anywhere in the City of Orono [78-1379(fl]. A lawsuit was subsequently filed by plaintiffs Go Green Energy, LLC; Micro Wind Advisory Council; and Jay and Kendall Nygard, seeking a declaration that state law preempts the City's ordinance that disallows the use of WECS anywhere within the City. On October 23, 2014 the District Court granted summary judgment in favor of the plaintiffs and enjoined the City from enforcing Section 78-1379(�beginning on November 24,2014. At its October 27 regular meeting, the City Council adopted Ordinance 125, 3`d Series, an Interim Ordinance enacting an immediate one-year moratorium on SWECS. The basis for the moratorium is that there are substantial concerns that without the ability to enforce City Code Section 78-1379(�, the current zoning ordinance provisions do not adequately address issues relating to SWECS, such as the appropriate locations and conditions under which they may be allowed within the City. As a result of these important land use and zoning issues, the City will conduct studies for the purpose of consideration of possible amendments to the Zoning Code to address the issues conceming SWECS. While the moratorium can last up to a year, staff has been directed to immediately begin the study and review process. Study Intent and Process The intent of the study is to: - refine the existing definitions related to WECS and SWECS; - establish standards and procedures by which the location, design, installation and operation of SWECS sha11 be regulated within the City; and - determine whether SWECS should be allowed in commerciaUindustrial districts as well as residential districts. Elements of the study process will include the following; - Review of the various types of SWECS and their capabilities and limitations, as well as potential impacts to surrounding properties and uses. - Review of various model ordinances and existing ordinances enacted by local municipalities with regard to SWECS. - Consideration of where and under what conditions SWECS should be allowed in Orono. During the Planning Commission's review of alternative energy systems in 2013, a listing of goals to be achieved was considered. That listing was as follows: Goals for Alternative Energy Systems Regulation Based on reviewing a variety of other cities' ordinances as well as a few model ordinances published by various entities, it may be worthwhile to start our discussion by establishing a list of overarching goals for regulating alternative energy systems. The following list should be considered as a starting point: .