10.d Draft Distribution Solar Moratorium 2-11-2022 CTN
CITY OF SCANDIA
WASHINGTON COUNTY
STATE OF MINNESOTA
ORDINANCE NO. 2022-xx
AN INTERIM ORDINANCE PLACING TEMPORARY
MORATORIUM ON NEW DEVELOPMENT OF DISTRIBUTION SCALE SOLAR
ENERGY SYSTEM FACILITIES IN THE CITY AND DIRECTING A STUDY TO BE
CONDUCTED
WHEREAS, the City’s comprehensive plan, zoning, licensing, and development regulations
may not adequately address various impacts to the public health, safety, morals, and general
welfare presented by installation and/or operation of distribution scale solar energy systems
otherwise known as “solar farms”, solar power plants, photovoltaic power stations, solar parks,
or so-called “solar farms” (such systems hereinafter collectively referred to as “Distribution
SES”); and,
WHEREAS, the City has received complaints regarding inadequate screening and the location
of existing Distribution SES in the City indicating that there is a need to ways to address
regulation of Distribution SES
WHEREAS, the City has determined that its development code regulations pertaining to local
service solar energy systems, or Local SES, adequately addresses the public health, safety,
morals, and general welfare of the community. Such systems are only for accessory use and
predominantly serve on-site users.
WHEREAS, the City has determined its present official controls do not adequate address
resident concerns regarding Distribution SES and that a study regarding the establishment and
maintenance of Distribution SES is necessary to protect the planning process and ensure the
health, safety and welfare of Scandia residents.
WHEREAS, to provide for adequate time for study, analysis, and the finalization of a city code
amendments regarding Distribution SES and to preserve the status quo within the City, the City
desires to enact an interim ordinance on the applications for and the issuance of permits for
Distribution SES.
WHEREAS, Minnesota Statutes Section 462.355, Subd. 4 permits a municipality to adopt an
interim ordinance to protect the planning process and the health, safety and welfare of citizens
after authorizing or while engaging in a study regarding the adoption or amendment of official
controls for planning purposes.
THEREFORE BE IT RESOLVED THAT, City Council of the City of Scandia, Washington
County, Minnesota does hereby ordain as follows:
SECTION 1. THE FOLLOWING INTERIMORDINANCE IS ADOPTED:
1.1 Purpose. The purpose of this interim ordinance is to protect the planning process and the
health, safety, and welfare of the citizens of Scandia by placing a temporary moratorium on
the establishment of new Distribution SES within the City. The ordinance will allow the
City to complete a comprehensive study and enact possible changes to permanent zoning
and possible licensing regulations relating to Distribution SES. This ordinance does not
have the effect of imposing a limitation or restriction on the content of any communicative
materials or to the application of Local SES.
a) Distribution SES facilities uses have an impact on the neighboring properties surrounding
them, as well as upon the City as a whole, which is distinct from the impact caused by
other commercial or industrial uses;
2.2 The City Council is concerned that current zoning regulations are inadequate to accomplish
an appropriate level of regulation regarding Distribution SES facilities.
2.3 In addition to the proper zoning classifications of such uses there are a number of significant
planning and land use issues pertaining to the regulation of such uses, including but not
limited to the following: a) Whether such uses could be regulated with another regulatory
method; b) The particular districts in which such uses shall be allowed as permitted uses; b)
The concentration and density of such uses in the City; and, c) The effect of such uses on
other uses in the surrounding area.
2.4 There is a need for a study to be conducted so that the City, as part of its planning process,
can adopt comprehensive land use and zoning regulations pertaining to Distribution SES.
2.5 Minnesota Statutes Section 462.355, Subd. 4, permits the adoption of interim zoning
ordinances in order to maintain the status quo during the planning process and protect the
health, safety, and welfare of residents.
SECTION 3. PLANNING AND ZONING STUDY; MORATORIUM.
3.1 A study is authorized to be conducted by City staff and the City planning commission to
determine whether Distribution SES should be permitted in additional locations of the City,
and if so, how Distribution SESs should be regulated within the City, going forward. The
scope of the study should include, but is not limited to, the following:
a) The particular zoning districts in which Distribution SESs should be allowed as
permitted uses;
b) The density and concentration of such uses; and,
c) How to better address screening concerns; and,
d) To better understand the effect of these uses on other uses and environmental conditions
in the surrounding area; and,
e) The appropriate conditional use permit requirements.
3.2 Upon completion of the study, the matter is to be considered by the planning commission
for a formal recommendation to the city council.
3.3 Pending completion of the study and adoption of any amendments to the City’s official
controls, a moratorium is established pursuant to Minn. Stat. § 462.355, subd. 4, which
prohibits the issuance of any development approvals of Distribution SESs, including but
not limited to building permits, preliminary plats, re-zonings, variances, conditional use
permits, site places, or licenses. The City will not review, consider, or approval any
applications or permits related to the establishment of new Distribution SES while this
interim ordinance is in effect.
3.4 This ordinance will be effective for a period of twelve (12) months after its effective date.
SECTION 4.
SEPARABILITY.
5.1 Every section, provision or part of this ordinance is declared separable from every section,
provision or part of this ordinance. If any section, provision, or part of this ordinance is
adjudged to be invalid by a court of competent jurisdiction, such judgment shall not
invalidate any other section, provision, or part of this ordinance.
By the affirmative vote of a majority of the City Council, and effective upon publication as
required by law, the City of Scandia hereby approves and enacts the foregoing Ordinance this
______ day of ___________________, 2022.
__________________________________
Christine Maefsky, Mayor
ATTEST:
___________________________________
Kenneth J. Cammilleri, City Administrator