ORDINANCE NO. 340
|INTERIM ORDINANCE TEMPORARILY
SUSPENDING APPLICATION OF SUBCHAPTER 5.10 OR ANY OTHER SUBCHAPTER OF THE LESTER PRAIRIE MUNICIPAL CODE PERTAINING TO ALTERNATIVE ENERGY SYSTEMS
The City Council of the City of Lester Prairie ordains:
Section 1: The City of Lester Prairie Municipal Code provides for regulations regarding Alternative Energy Systems under Subchapter 5.10 of the Lester Prairie Municipal Code. At no point in Subchapter 5.10 or elsewhere in the Lester Prairie Municipal Code is the use of hydronic furnaces or the like addressed.
Section 2: The City Council finds that the current provisions of the Code are outdated and not in keeping with the comprehensive plan of the City. There is need for a study to be conducted so that the City of Lester Prairie can adopt a modified set of comprehensive zoning regulations pertaining to hydronic furnaces or the like. The study will address the land use issues including but not limited to those currently contained in the Municipal Code as well as analysis of community needs and the concerns regarding hydronic furnaces or the like. The City Council directs the Planning Commission to forthwith commence a study for revisions of Subchapter 5.10 of the Lester Prairie Municipal Code and to propose amendments to the code accordingly.
Section 3: No hydronic furnaces or the like shall be constructed, nor shall any building permits be issued therefore, during the period of this ordinance, and no land use application shall be accepted, processed or approved accordingly.
Section 4: The City of Lester Prairie may enforce the provision of this ordinance by injunction, mandamus, or any other appropriate remedy in any court of competent jurisdiction. In addition, any person who violates any provision of this ordinance is guilty of a misdemeanor as defined under Minnesota law.
Section 5: Every section, provision or part of this ordinance is declared separable from every other section, provision or part of this ordinance. If any section, provision or part of this ordinance is judged to be invalid by a court of competent jurisdiction, such judgment will not invalidate any other section, provision or part of this ordinance.
Section 6: This ordinance shall be effective immediately upon its approval by the Lester Prairie City Council, shall be published in the City’s official newspaper, and shall be posted at the City Hall. This ordinance shall remain in effect until the date of the adoption of amendments to Lester Prairie Municipal Codes, Subchapter 5.10 or until January 9, 2018, whichever occurs first, unless extended for an additional period of time by the City Council if deemed appropriate, but not for more than a total of 18 months.
Adopted this 8th day of August, 2017.
CITY OF LESTER PRAIRIE
By /s/ Eric Angvall, Its Mayor
By /s/ Marilyn Pawelk, Its City Clerk
Published in the Herald Journal Aug. 11, 2017.