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178852 1 <br />ORDINANCE NO. 125, Third Series <br /> <br />CITY OF ORONO <br />HENNEPIN COUNTY, MINNESOTA <br /> <br /> <br />AN INTERIM ORDINANCE TEMPORARILY NOT PERMITTING <br />SMALL WIND ENERGY CONVERSION SYSTEMS <br /> <br /> <br />THE CITY COUNCIL OF ORONO ORDAINS: <br /> <br />SECTION 1. DEFINITIONS: The following terms when used in this ordinance shall <br />mean: <br /> <br />Wind Energy Conversion System or WECS means any device such as a wind <br />charger, windmill, or wind turbine and associated facilities that converts wind <br />energy to electrical energy. <br /> <br />Small Wind Energy Conversion System or SWECS means any combination of <br />WECS with a combined nameplate capacity of less than 5,000 kilowatts. <br /> <br />Official Controls means ordinances and regulations which control the physical <br />development of the City or any part thereof or any detail thereof and implement the <br />general objectives of the comprehensive plan. Official controls include ordinances <br />establishing zoning, subdivision controls, site plan regulations, sanitary codes, <br />building codes and official maps. <br /> <br />SECTION 2. BACKGROUND: The City adopted City Code Section 78-1379(f) which <br />banned SWECS within the City of Orono. On October 23, 2014, the Honorable Philip D. Bush <br />issued an Order (27-CV-14-7419) enjoining the City from enforcing the provisions of City Code <br />Section. 78-1379(f) beginning November 24, 2014. There are substantial concerns that without <br />the ability to enforce City Code Section 78-1379(1), the current zoning ordinance provisions do <br />not adequately address issues relating to SWECS, such as the appropriate locations and conditions <br />under which they may be allowed within the City. As a result of the important land use and <br />zoning issues cited above, the City will conduct studies for the purpose of consideration of <br />possible amendments to the City's Official Controls to address the issues concerning SWECS. <br /> <br />SECTION 3. INTENT: It is the intent of this ordinance to allow the City of Orono time to <br />complete an evaluation of SWECS and to consider changes in the City's Official Controls <br />necessary to protect the health, safety and welfare and in the interim to preserve the status quo. <br /> <br />SECTION 4. TEMPORARY PROHIBITION: Pending the completion of the above <br />referenced study and the adoption of appropriate Official Controls, SWECS are prohibited and the <br />City will not process any applications for the same it receives and City staff is directed to return <br />the same to the applicant. <br />Item #20 - CC Agenda - 10/27/2014 <br />Consideration of Interim Ordinance Temporarily Prohibiting Small Wind Energy Conversion Systems <br />[Page 1 of 2]