HomeMy Public PortalAbout528 Ordinance Regarding Wind Energy Conversion Systems; Establishing a Moratorium; and Directing a Study of Official Controls Related TheretoCITY OF MEDINA
ORDINANCE NO.528
AN INTERIM ORDINANCE REGARDING WIND ENERGY CONVERSION SYSTEMS;
ESTABLISHING A MORATORIUM;
AND DIRECTING A STUDY OF OFFICIAL CONTROLS RELATED THERETO
The city council of the city of Medina ordains as follows:
Section 1. Background.
1.01. The city of Medina (the "City") has adopted a comprehensive plan and official
controls to regulate the development of land within the community, all in accordance with
Minnesota Statutes, sections 462.351 et sec . and 473.851 et seq.
1.02. The City has adopted a zoning ordinance, subdivision regulations and other
official controls to implement the comprehensive plan.
1.03. The City has established various zoning districts in which some uses are permitted
as of right, some uses are permitted conditionally, and other uses not listed are not permitted.
1.04. Among the uses which are permitted conditionally in the rural residential and
suburban residential districts are wind energy conversion systems.
1.05. Minnesota Statutes, Section 462.3595, subd. 1 requires that a city's zoning
ordinance include both general requirements for all conditional uses and insofar as practical,
requirements specific to each designated conditional use.
1.06. The City has determined that its current zoning ordinance is inadequate to
regulate wind energy conversion systems due to the changing nature of such uses and the
emerging development pattern of the community.
1.07. The City wishes to prevent premature establishment of new wind energy
conversion systems until it has an opportunity to fully evaluate and revise its zoning ordinance
and other official controls to better regulate such uses.
1.09. Minnesota Statutes, section 462.355, subd. 4 allows the City to adopt an interim
ordinance to regulate, restrict, or prohibit any use or development when it recognizes the need to
modify its official controls for the purpose of protecting the planning process and the health,
safety and welfare of the citizens.
Ordinance No. 528
June 5, 2012
Section 2. Findings.
2.01. The city council finds that the nature of wind energy conversion systems has
changed substantially over time. The scale of these systems has expanded as technology has
evolved, which increases the potential for adverse impacts. The current zoning ordinance does
not include standards and requirements adequate to regulate the construction and operation of
these uses.
2.02. The City's planner has prepared a report which summarizes the ways in which the
City's current zoning ordinance and other official controls may not adequately mitigate the
potential adverse impacts of wind energy conversion systems in the community. This report is
hereby incorporated herein by reference. The city council finds it necessary to have an
opportunity to review fully and amend its official controls as they relate to these uses to remedy
those deficiencies.
2.03. The city council finds that the adoption of an interim ordinance applicable to wind
energy conversion systems is essential to give it the opportunity to review, adopt and modify its
official controls to preserve the planning process and to protect the health, safety and welfare of
the citizens of the community.
Section 3. Study of Official Controls., Moratorium.
3.01. The City hereby authorizes a study to determine how the City's official controls
regarding wind energy conversion systems need to be modified or supplemented in order to
prevent such uses from having an adverse effect on nearby lands and to protect the public health,
safety and welfare. The study will be conducted by city staff and consultants.
3.02. Pending completion of the study and the adoption of new or amended official
controls, a moratorium is hereby established on the acceptance, review, processing or approval of
applications for the establishment, construction, or expansion of wind energy conversion
systems. The moratorium shall apply to all land within the city. No new applications for wind
energy conversion systems within any zoning district or for the expansion any such system shall
be accepted after the effective date of this ordinance. All such applications which have been
received prior to the effective date of this ordinance shall be given no further review and shall be
withdrawn by the applicant or shall be acted upon by the City in light of the moratorium.
Section 4. Duration.
4.01. This ordinance shall remain in effect for one year after its adoption and
publication.
Ordinance No. 528 2
June 5, 2012
Section 5. Enforcement.
5.01. The City may enforce this ordinance by mandamus, injunction or other
appropriate civil remedy in any court of competent jurisdiction.
Section 6. Separability.
6.01. Every section, provision and part of this ordinance is declared separable from
every other section, provision and part thereof. If any section, provision or part of this ordinance
is held to be invalid by a court of competent jurisdiction, such judgment shall not invalidate any
other section, provision or part of this ordinance.
Section 7. Effective Date.
7.01. This ordinance shall take effect upon its adoption by the city council and
publication in the City's official newspaper.
Adopted by the city council of the city of Medina this 5th day ofJune, 2012.
T.M. Crosby, Jr., May
ATTEST:
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Admini
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T. Johns y
Published in the South Crow River News this 21s1 day ofJune, 2012.
Ordinance No. 528 3
June 5, 2012