HomeMy WebLinkAboutOrd #125-3rd Ser/ An Interim Ordinance Temporarily Not Permitting Small Wind Energy Conversion Systemsmean:
ORDINANCE NO. 125, THIRD SERIES
CITY OF ORONO
HENNEPIN COUNTY, MINNESOTA
AN INTERIM ORDINANCE TEMPORARILY NOT PERMITTING
SMALL WIND ENERGY CONVERSION SYSTEMS
THE CITY COUNCIL OF ORONO ORDAINS:
SECTION 1. DEFINITIONS: The following terms when used in this ordinance shall
Wind Energy Conversion System or WECS means any device such as a wind
charger, windmill, or wind turbine and associated facilities that converts wind
energy to electrical energy.
Small Wind Energy Conversion System or SWECS means any combination of
WECS with a combined nameplate capacity of less than 5,000 kilowatts.
Official Controls means ordinances and regulations which control the physical
development of the City or any part thereof or any detail thereof and implement the
general objectives of the comprehensive plan. Official controls include ordinances
establishing zoning, subdivision controls, site plan regulations, sanitary codes,
building codes and official maps.
SECTION 2. BACKGROUND: The City adopted City Code Section 78-1379(f) which
banned SWECS within the City of Orono. On October 23, 2014, the Honorable Philip D. Bush
issued an Order (27 -CV -14-7419) enjoining the City from enforcing the provisions of City Code
Section. 78-1379(#) beginning November 24, 2014. There are substantial concerns that without
the ability to enforce City Code Section 78-1379(1), 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 the important land use and
zoning issues cited above, the City will conduct studies for the purpose of consideration of
possible amendments to the City's Official Controls to address the issues concerning SWECS.
SECTION 3. INTENT: It is the intent of this ordinance to allow the City of Orono time to
complete an evaluation of SWECS and to consider changes in the City's Official Controls
necessary to protect the health, safety and welfare and in the interim to preserve the status quo.
SECTION 4. TEMPORARY PROHIBITION: Pending the completion of the above
referenced study and the adoption of appropriate Official Controls, SWECS are prohibited and the
City will not process any applications for the same it receives and City staff is directed to return
the same to the applicant.
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SECTION 5. HEARING: The Planning Commission is hereby directed to hold a hearing
for the purpose of amending the City's Official Controls regulating SWECS.
SECTION 6. EXEMPTIONS: The statutory exemption to this ordinance set forth in
Minnesota Statutes § 462.355, Subd. 4 is incorporated herein by reference.
SECTION 7. EFFECTIVE DATE: This ordinance shall take effect immediately upon its
passage and shall remain in effect until the date of the adoption of the official controls contemplated
hereunder and the repeal of this ordinance or October 27, 2015, whichever occurs first.
ADOPTED this 27th day of October, 2014 on a vote of 3 ayes and 0 nays by the
City Council of Orono, Minnesota.
ATTEST:
essic Loftu(,ybhministrator
Lili Tod McMillan, Mayor
Ordinance published in The Laker and The Pioneer newspapers the week of November 1, 2014.
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