HomeMy Public PortalAbout677 An Interim Ordinance Authorizing a Study and Imposing a Moratorium on Rooftop Elements Extending More Than 12 Feet Above a BuildingCITY OF MEDINA
ORDINANCE NO. 677
An Interim Ordinance Authorizing a Study and Imposing a Moratorium
on Rooftop Elements Extending More Than 12 Feet Above a Building
The city council of the city of Medina ordains as follows:
Section 1: Purpose and Intent. The purpose and intent of this interim ordinance ("Ordinance") is
to protect the planning process and the health, safety, and welfare of the citizens of the city of
Medina (the "City") by (i) imposing, pursuant to Minnesota Statutes, section 462.355, subdivision
4, a moratorium on rooftop elements, as that term is defined herein, that extend more than 12 feet
in height above any building, measured from the point of the roof on which they sit, during the
period of this Ordinance; and (ii) authorizing a study related to the regulation of rooftop elements.
Section 2: Legislative Findings. The city council of the city of Medina hereby finds and
determines as follows:
(a) The City is a governing body for the purposes of the Municipal Planning Act, Minnesota
Statutes, chapter 462 (the "Act"), and it has previously exercised its authority pursuant
to the Act to adopt Medina City Code, chapter 8, entitled Land and Building Regulations,
which contains the City's official land use controls (hereinafter, the "Zoning
Ordinance");
(b)
Section 462.355, subdivision 4 of the Act authorizes the City to adopt interim ordinances
to regulate, restrict, or prohibit any use, development, or subdivision within the City, the
purpose of which are to protect the planning process and the health, safety, and welfare
of the citizens within the City;
(c) The City recently determined that although the Zoning Ordinance imposes express
limitations on building height in each of its respective zoning districts, it does not impose
any express rules or regulations on rooftop elements, as that term is defined herein;
(d) Absent such rules and regulations, the City is unable to effectively regulate rooftop
elements, which it is expressly authorized to do pursuant to the Act;
(e) Numerous land use authorities throughout the State of Minnesota, including
municipalities, townships, and counties, expressly regulate rooftop elements via their
official controls; and
(f)
It is in the best interests of the public to place a City-wide moratorium on any rooftop
element that extends more than 12 feet above the building from the point of the roof on
which it sits to provide City staff, consultants, and the City's planning commission a
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meaningful opportunity to study whether and how the City should amend its official
controls to effectively regulate rooftop elements.
Section 3. Definition. For purposes of this Ordinance, "rooftop element" means a physical
element located on any building, which extends above the building's roof and is not part of said
roof, and that is not intended to be regularly occupied by persons, irrespective of what purpose the
element is intended to serve. Examples include, but are not limited to, the following:
(1) steeples, spires, or belfries;
(2) chimneys or flues;
(3) cupolas and domes;
(4) mechanical or electrical equipment;
(5) flagpoles;
(6) monuments;
(7) parapet walls;
(8) towers, poles, or other structures for essential services; and
(9) other architectural features.
Any other term used within this Ordinance shall have the meaning given it in the Zoning
Ordinance, if defined therein.
Section 4. Study Authorized. City staff, consultants, and the City's planning commission are
hereby authorized and directed to conduct a study of rooftop elements, including how other
communities regulate them, and provide the city council with recommendations on whether and
how the Zoning Ordinance should be amended to better address the aforementioned void. The
planning commission may make such recommendations on this issue as it deems appropriate.
Section 5. Moratorium Imposed. A moratorium is hereby imposed within the City on rooftop
elements that extend more than 12 feet above any building, measured from the point of the roof on
which they sit. During the period of the moratorium, no such rooftop element shall be installed or
otherwise constructed in the City. No application for any permit or approval of any building that
contains one or more such rooftop elements shall be accepted by the City during the term of this
Ordinance. No additional review or other work on any previously accepted applications that
include one or more such rooftop elements shall be conducted during the term of this Ordinance.
Previously received applications shall be either withdrawn by the applicant, acted upon by the City
in accordance with this Ordinance, or, if agreed to by the applicant in writing, the statutory review
period may be extended indefinitely to allow the City to act upon the application only after
completing the aforementioned study pursuant to any amendments to the Zoning Ordinance
regarding rooftop elements that take effect thereafter. In accordance with section 462.355, subd.
4(d) of the Act, this Ordinance alone may not halt, delay, or impede a subdivision that has been
given preliminary approval, nor may it unilaterally extend the timelines set forth in Minnesota
Statutes, section 15.99 with respect to any application filed prior to the effective date of the
Ordinance. Nothing herein is intended to legislate any subject matter that the City is otherwise
preempted from regulating due to the existence of any state or federal laws.
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Section 6. Duration. This Ordinance shall remain in effect for one year from its effective date
unless it is expressly repealed earlier by the City. If the City adopts an amendment to the Zoning
Ordinance regarding rooftop elements prior to the expiration of this Ordinance, this Ordinance
shall terminate on the effective date of such amendment.
Section 7. Penalty and Enforcement. The City may enforce this Ordinance through criminal
prosecution or by undertaking such civil actions or proceedings, including injunctive relief, as it
determines appropriate to prevent, restrain, correct, or abate any violation or threatened violation
of this Ordinance. The initiation of one type of enforcement action shall not preclude the City
from instituting any other action or proceeding available to it under law to enforce this Ordinance.
Any person, firm, partnership, corporation, or other entity violating any provision of this
Ordinance shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to
imprisonment for up to 90 days, a fine of up to $1,000, or both, plus the costs of prosecution. Each
day that a violation occurs shall be considered a separate offense.
Section 8. Severability. Every section, provision and part of this Ordinance is declared severable
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 9. Effective Date. This Ordinance shall take effect immediately upon its adoption and
publication.
Adopted this 3`d day of November, 2021.
BY THE CITY COUNCIL
Kathleen Martin, Mayor
ATTEST:
Scott T. Johnson, City Administrator -Clerk
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