4.d 2 Solar Farm Interim Ordinance
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Farm Interim Ordinance.docx
CITY OF SCANDIA, MINNESOTA
ORDINANCE NO. XX-XX-2016
INTERIM ORDINANCE TO ESTABLISH A STUDY PERIOD AND MORATORIUM FOR A PERIOD OF UP TO
ONE YEAR PROHIBITING THE ACCEPTANCE OF ANY APPLICATION FOR A SOLAR FARM OR SOLAR
GARDEN PURSUANT TO MINN. STAT. §462.355, Subd. 4.
THE CITY COUNCIL OF THE CITY OF SCANDIA HEREBY ORDAINS:
Section 1. Purpose, Intent and Background. The purpose and intent of this Ordinance is to prohibit:
The filing or acceptance of any land use application for the use of any land located within the
City as a solar farm or community solar garden.
On June 16, 2015 the City Council approved Ordinance 162, amending the Development Code Chapter 1,
Section 4.2, Definitions and Chapter 2, Section 4.0, Standards and Uses, in order to provide a regulatory
framework for solar farms and community solar gardens. In review of the initial applications for these
solar facilities, issues have arisen whereby the Council and the Planning Commission have determined
that further research, study, and consideration are needed of the potential impacts that the use or
occupancy of any land within the city for the purpose of a solar farm or community solar garden would
have upon the health, safety and general welfare of the public.
Section 2. Preliminary Findings. The City Council hereby makes the following preliminary findings to
serve as the basis for the necessary study to be made during the moratorium period provided in this
Ordinance. These preliminary findings serve as the reasons why it has been determined by the City
Council that it is in the public interest for the City to conduct a study and so declare a moratorium by
virtue of this Ordinance:
1. The City has determined that current regulations and official controls may not adequately
address the effects of the use of land for solar farms or community solar gardens. For example,
some of the City’s zoning regulations may be inadequate to allow for large solar farms and
community solar gardens, as issues have arisen related to required setbacks, screening, and the
presence of related interconnection equipment. The City has therefore determined that a study
will be necessary to propose adequate additional regulations to assure that the impact and
effect of the use of land for solar farms or community solar gardens are fully known and
addressed, and appropriate regulations are adopted and conditions imposed so as to best
minimize adverse impacts and effects as a result of such uses.
2. The City has not fully researched, analyzed or studied the impacts and effects of whether
proposed solar farms and community solar garden uses will be injurious to the use and
enjoyment of other property in the immediate vicinity of the solar projects, or whether the
projects will substantially diminish and impair property values or scenic views, or will impede
the normal and orderly development and improvement of surrounding property for uses
permitted in the applicable zoning districts.
3. The Development Code is not sufficiently clear as to how the equipment utilized in a solar farm
or community solar garden should be defined. For example, it is not clear whether associated
equipment is an “essential service” to be utilized without additional permitting for a solar
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project, or whether such equipment is best permitted under the City’s telecommunications
regulations.
4. The City additionally finds that there is a lack of clarity as to the issues of ownership of the
equipment and transmission infrastructure, the utilization of rights-of-way, and identifying the
proper permittee.
5. The City finds that zoning districts where solar farms or community solar gardens have been
listed as conditional uses may not be eligible for that use due to other restrictions that have
been placed on properties within those districts, such as setback or height restrictions.
6. The public interest and public health, safety and welfare require that the City study, analyze and
evaluate the impacts and effects of the use of any land for solar farms or community solar
gardens.
7. This interim ordinance will ensure that any changes to the Development Code or
Comprehensive Plan amendments will be carefully considered and evaluated and that all issues
can be fully examined while protecting the City’s planning process and the public health, safety
and welfare during the moratorium period.
8. Minnesota Statute §462.355, subd. 4 allows a municipality to adopt an interim ordinance for the
purpose of considering adoption or amendment of official controls including ordinances
establishing zoning, subdivision controls, site plan regulations, building codes and official maps.
This interim ordinance may regulate, restrict, or prohibit any use, development or subdivision
within the City for a period not to exceed one year from the date the ordinance is effective.
Section 3. Authorization of Study. The City Council authorizes a land-use planning study for the
continued purpose of reviewing the City’s Comprehensive Plan and Development Code to determine if
various public concerns noted in this Interim Ordinance are being sufficiently addressed or if changes
may be necessary in order to protect the health, safety and welfare of the public from potential negative
impacts that may be associated with solar farms or community solar gardens.
Section 4. Prohibition of Solar Farm/Community Solar Garden Applications. During the period of the
moratorium imposed by this Interim Ordinance, the City shall conduct a study to help determine the
regulatory controls which may need to be adopted or revised to protect the public’s health, safety and
welfare related to the aforementioned purposes. In addition, the City shall study the Comprehensive
Plan to determine whether an amendment to the Comprehensive Plan is necessary or appropriate, all
after completion of any other studies ordered by the City Council and/or the Planning Commission.
For the duration stated herein, and until the City has completed studies and adopted any ordinance or
amendments to the City’s Development Code or Comprehensive Plan, the City shall not accept, issue or
process any applications, permits, or otherwise allow the use of any land within the City for solar farms
or community solar gardens
Section 5. Duration and Termination. This Interim Ordinance shall expire without further City Council
action one year from the effective date of this Ordinance following final passage by the City Council, or
may be repealed earlier if the City Council determines that the requisite studies have been completed
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and adopted, and that appropriate evaluation and action, including any necessary revisions of the City
Code or Comprehensive Plan, have been finalized and adopted by the City Council.
Section 6. Effective Date. This Ordinance shall take effect upon its adoption and publication.
Passed and adopted by the City Council of the City of Scandia, Minnesota, this 19th day of April, 2016.
Randall Simonson
Mayor
ATTEST:
Neil Soltis
City Administrator