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Home My WebLink About2024.10.21 ORD 2024-536 Extending Moratorium on Solar CITY OF HUGO COUNTY OF WASHINGTON ORDINANCE NO.2024-536 AN INTERIM ORDINANCE EXTENDING A TEMPORARY MORATORIUM ON NEW DEVELOPMENT OF SOLAR FARM SOLAR ENERGY SYSTEMS AND DIRECTING A STUDY TO BE CONDUCTED NOW, THEREFORE,the City Council of the City of Hugo does ordain: SECTION 1. BACKGROUND. WHEREAS,the City Council adopted an Ordinance 2016-475 SOLAR ENERGY SYSTEMS on January 4, 2016; WHEREAS,in view of experience following the adoption of the above-referenced ordinances, including an observation that Solar Farm Solar Energy Systems may not be appropriate in certain land use categories in the City because of issues relating to compatibility and appearance, the City has determined that an additional study shall be conducted to review the City's zoning ordinance and official controls relating thereto to ensure the zoning ordinance and official controls regarding Solar Farms adequately addresses the public health, safety and general welfare of the community; WHEREAS, Solar Farms are defined as a solar energy system that is composed of multiple solar panels where the primary land use, whether by footprint or visual impact or both, of the parcel is for a solar array. A solar farm produces energy for wholesale to subscribers. WHEREAS,the City has determined that the section of the ordinance regarding Accessory Solar Energy Systems adequately addresses the public health, safety, and general welfare of the community, and are exempt from the moratorium. Such systems are for accessory use and predominantly serve on-site users. WHEREAS,to provide adequate time for study, analysis, and the finalization of City Code amendments regarding Solar Farms or 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 Solar Farms. WHEREAS, pursuant to Minn. Stat. § 462.355, subd. 4, the City is authorized to enact by ordinance a moratorium to regulate, restrict or prohibit any use within the jurisdiction to protect the public health, safety, and welfare. Specifically, the City is authorized to enact a moratorium ordinance to allow it to undertake a study to determine whether to revise or add any regulations or restrictions, including siting and location of use,performance standards, and screening of Solar Farms. WHEREAS, on May 20, 2024, the City Council adopted an interim Ordinance#2024-530 to Ordinance 2024-536 Page 2 of 3 place a moratorium on solar farm solar energy systems. WHEREAS, Ordinance #2024-530 is set to expire November 20, 2024. WHEREAS, the ordinance review committee has been studying the ordinance and needs additional time to hold a public hearing on the proposed ordinance revisions. SECTION 2. FINDINGS. 1. The City Council finds there is a need to study the Solar Farm section of the ordinance to determine whether to revise or add any regulations, restrictions, or prohibitions, including siting and location of use, performance standards, and screening of Solar Farms. This ordinance does not have an effect of imposing limitations or restrictions to the application of Accessory Solar Energy Systems. 2. The study will address issues including, but not limited to the following: 1) The particular districts and locations such use shall be allowed; 2) The concentration and density of such uses in the City; 3) Performance standards for such uses in the City; and; 3) The effects of such uses on other uses and the surrounding area. 3. The study will allow the City Council to determine the appropriate changes or prohibitions, if any, that it should make to City ordinances. 4. The City Council, therefore, finds that there is a need to adopt a City-wide moratorium of the applications for and the issuance of permits for Solar Farms. SECTION 3. MORATORIUM. 1. No individual, establishment, organization, or business may apply for applications for approval or the issuance of permits for Solar Farms for six (6) months from August 6, 2023. 2. No application or permit of any kind, by any individual, establishment, organization, or businesses involved in Solar Farms within the City of Hugo shall be accepted, considered, or issued for six (6) months from August 6, 2023. 3. Planning or zoning applications related to Solar Farms or applications from individuals, establishments, organizations, or businesses involved in Solar Farms within the City of Hugo shall not be accepted, considered, or issued for six (6) months from August 6, 2023. SECTION 4. STUDY. The City Council directs City staff to study the Solar Farm section of the ordinance to determine whether to revise or add any regulations or restrictions, including siting and location of use, performance standards, and screening of Solar Farms. Upon completion of the study, the City Council, together with such commission as the City Council deems appropriate, or as may be required by law, will consider the advisability of adopting Ordinance 2024-536 Page 3 of 3 new ordinances or amending its current ordinances. SECTION 5. ENFORCEMENT. The City may enforce this Ordinance by mandamus, injunctive relief, or other appropriate civil remedy in any court of competent jurisdiction. The City Council hereby authorizes the City Administrator, in consultation with the City Attorney, to initiate any legal action deemed necessary to secure compliance with this Ordinance. A violation of this Ordinance is also subject to the City's general penalty in City Code § Sec. 1 - 18 subd. (b). SECTION 6. TERM.Unless earlier rescinded by the City Council,the moratorium established under this Ordinance shall remain in effect until six (6) months from November 20, 2024, at which point, it will automatically expire. SECTION 7. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage by the City Council. This ordinance is effective upon adoption. ADOPTED by the City Council this 21 st day of Oct o r 024. 1 Tom Weidt, Mayor ATTEST: Michele Lindau, City Clerk SUMMARY ORDINANCE 2024-536 NOTICE: THIS PUBLISHED MATERIAL IS ONLY A SUMMARY OF AN ORDINANCE OF THE CODE OF ORDINANCES FOR THE CITY OF HUGO. THE FULL TEXT OF THE ORDINANCE IS AVAILABLE FOR PUBLIC INSPECTION AT THE HUGO CITY HALL DURING REGULAR BUSINESS HOURS. SUMMARY OF AN INTERIM ORDINANCE EXTENDING A TEMPORARY MORATORIUM ON NEW DEVELOPMENT OF SOLAR FARM SOLAR ENERGY SYSTEMS AND DIRECTING A STUDY TO BE CONDUCTED: The City Council has passed an interim ordinance for a moratorium on solar farms that shall remain in effect until six (6) months from November 20, 2024. The City Council directs City staff to study the Solar Farm section of the ordinance to determine whether to revise or add any regulations, restrictions, or prohibitions, including siting and location of use, performance standards, and screening of Solar Farms. Upon completion of the study, the City Council, together with such commission as the City Council deems appropriate, or as may be required by law, will consider the advisability of adopting new ordinances, amending its current ordinances, or probations. Please note this title and summary of this Ordinance clearly informs the public of the intent and affect of the Ordinance and conforms to Minn. Stat. § 412.191. This Ordinance shall be effective the date that it is published. The amended ordinance is available at City Hall for review. Passed and adopted by the City Council of the City of Hu,o this 21 st day of October, 2024. Tom Weidt, Mayor Attest: t Michele Lindau, City Clerk AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA) )ss. COUNTY OF RAMSEY ) Carter Johnson,being first duly sworn,on oath states as follows: 1. I am the publisher of the THE CITIZEN, or the publisher's designated agent. I have personal knowledge of the facts stated in this Affidavit,which is made pursuant of Minnesota Statutes §331 A.07. CITY OF HUGO SUMMARY ORDINANCE 2024-536 2. The newspaper has complied with all of the requirements to constitute a NOTICE:THIS PUBLISHED MATERIAL IS ONLY A SUMMARY OF AN ORDINANCE OF THE CODE OF ORDINANCES FOR THE CITY OF HUGO. qualified newspaper under Minnesota law, including those requirements THE FULL TEXT OF THE ORDINANCE IS AVAILABLE FOR PUBLIC IN- found in Minnesota statutes§331A.02. SPECTION AT THE HUGO CITY HALL DURING REGULAR BUSINESS HOURS. SUMMARY OF AN INTERIM ORDINANCE EXTENDING A TEMPORARY 3. The dates of the month and the year and day of the week upon which the MORATORIUM ON NEW DEVELOPMENT OF SOLAR FARM SOLAR public notice attached was published in the newspaper are as fO110WS: ENERGY SYSTEMS AND DIRECTING A STUDY TO BE CONDUCTED: The City Council has passed an interim ordinance for a moratorium on solar farms that shall remain in effect until six(6)months from November 20, Once a week,for one week,it was published on Thursday,the 31 st day 2024.The City Council directs City staff to study the Solar Farm section of the of October,2024. ordinance to determine whether to revise or add any regulations,restrictions. or prohibitions, including siting and location of use,performance standards, and screening of Solar Farms.Upon completion of the study,the City Council, together with such commission as the City Council deems appropriate,or as 4. The publishers lowest classified rate paid by commercial users for may be required by law,will consider the advisability of adopting new ordi- comparable space,as determined pursuant to §331A.06,is as follows: nances,amending its current ordinances,or probations. Please note this title and summary of this Ordinance clearly informs the Lowest classified rate aid b commercial users for public of the intent and affect of the Ordinance and conforms to Minn.Stat. a P y §412.191.This Ordinance shall be effective the date that it is published. comparable space The amended ordinance is available at City Hall for review. Passed and adopted by the City Council of the City of Hugo this 21 st day of October,2024. b)Maximum rate allowed by law for the above matter Tom weidt,Mayor- Attest:Michele Lindau,City Clerk Published one time in The Citizen on October 31,2024. c)Rate actually charged for the above matter $ 13.99/inch 5. Mortgage Foreclosure Notices. Pursuant to Minnesota Statutes§580.033 relating to the publication of mortgage foreclosure notices: The newspaper's known office of issue is located in Ramsey County. The newspaper complies with the conditions described in §580.033,subd. 1, clause(1)or(2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located,a substantial portion of the newspaper's circulation is in the latter county. We are a qualified newspaper in the following counties: Anoka,Ramsey and Washington FURTHER YOUR AFFIANT SAITH NOT. BY: TITLE: Carter Johnson,Publisher PRESS PUBLICATIONS 4779 Bloom Avenue White Bear Lake,MN 55110 Subscribed and sworn to before me on this 31 st day of October,2024. Notary PulUic MYRNA L. PRESS + Notary Public-ErRinnesCta a. . ~". Misc:Affidavit-Citizen-1Wk.docx M+ fiQr(�i'niS£-vn Exp!Y�,ian 31, / 1V%f1.,�-11".WV