HomeMy WebLinkAbout2015-05-18 PACKET 07.1.Cottage
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TO: Planning Commission Members
FROM: John McCool, Senior Planner
DATE: May 15, 2015
RE: City Code Amendment — Solar Energy Regulations
Introduction
The Minnesota Legislature has mandated that public utility companies generate more of their energy
from solar and that they make solar power a more appealing option for home and business owners.
It is also apparent that interest in solar technology continues to grow and costs for alternative energy
systems are beginning to decrease.
As a result, the Planning Division has received numerous phone calls from individuals and compa-
nies interested in developing solar photo -voltaic energy systems at residential, commercial, and
utility scales within Cottage Grove. The City does not currently have regulations regarding commer-
cial or residential solar energy systems, particularly commercial systems.
City staff recommends that the Planning Commission and City Council consider various City Code
amendments that will permit solar photo -voltaic and thermal systems in all zoning districts, subject
to specific regulations (e.g. setbacks, height limitations, and other applicable zoning standards).
Standards regulating the use of solar energy systems should be established for varying sizes of solar
energy systems. Systems to consider pertain to large acreage solar farms, community garden
projects, residential and non-residential land uses.
Background
The City has allowed a limited number of solar energy systems as "accessory uses" to provide elec-
tricity for other principal uses of property. These types of systems are typically small photo -voltaic
panels mounted on the roof or exterior wall of residential structures or on the roof of a commercial
structure. This technology is beginning to gain interest by other commercial entities that propose
larger solar array systems. City staff has responded to recent inquiries from companies that are
interested in developing commercial solar energy systems in Cottage Grove by telling them that the
use is not currently permitted. Staff further informed those interested parties that we would research
the subject of planning and regulating for solar energy systems and share that information with the
City advisory commissions and City Council.
Discussion
The most common solar technologies used on buildings in the United States are solar photovoltaic
(PV) panels that generate electricity and solar thermal systems that heat water or air. Solar PV pro-
duces electricity through the conversion of direct sunlight to energy. The semiconductor materials in
the PV cell interact with the sunlight to generate electric current. The most electricity is produced
Memorandum to Planning Commission
Solar Energy Systems
May 15, 2015
Page 2 of 5
when the sun's rays are directly perpendicular to the PV panels. Since PV only works with sunlight,
most systems are also connected to the utility grid to guarantee around-the-clock electricity. The
orientation of a PV system affects its performance; usually the best location is on a south -facing roof.
Flat roofs allow the panels to be tilted in the optimal direction.
PV systems work best without any obstructions from trees or structures. Because the sun is higher
in the summer and lower in winter, placement of the PV involves an assessment of these factors. In
any specific location, as the surface area of a PV system exposed to sunlight increases, the amount
of electricity produced also increases. Depending on site conditions and economic constraints, resi-
dential -scale PV systems can range from 100 to 1,000 square feet.
Examples of solar energy systems are illustrated below:
Residential/Noncommercial Wall Module
Commercial/Garden Fields
Freestanding Solar Array
Residential/Noncommercial Thermal Wall Array
Solar Energy Systems — Principal and Accessory Uses
Commercial or utility scale systems are typically established as those containing any device or com-
bination of devices or elements which rely upon direct sunlight as an energy source, including but
Memorandum to Planning Commission
Solar Energy Systems
May 15, 2015
Page 3 of 5
not limited to any substance or device which collects sunlight for generating energy primarily for use
off site. Energy generated by this system could be used to serve on site power needs. Utility scale
solar energy is typically permitted as a conditional use in industrial or agricultural zoned districts.
These types of commercial utilities are on large acreages of land. Many communities have provided
specific standards in their ordinances and require site plan review and approval by the City.
Examples of a solar farm or garden are shown below.
The City of Rosemount, MN recently approved a 160 -acre solar facility referred to as Rosemount
Community Solar Garden development. The proposer for this project is Geronimo Energy and the
project will be part of Xcel Energy's Community Solar Garden program. Construction of the Rose-
mount Community Garden is anticipated to begin in the summer of 2015, and the facility is scheduled
to be operational by the fall of 2015. As a whole, the Rosemount solar facility will produce an esti-
mated 36,693,657 kWh of clean solar energy each year, which will reduce approximately 25,305
metric tons of carbon dioxide (CO2) emissions on an annual basis. The solar facility will provide
enough electricity for approximately 4,200 homes each year.
Under the Community Solar Garden program, Xcel customers can take advantage of solar power
produced at the Rosemount facility by purchasing a subscription to a solar garden in exchange for a
credit on their monthly Xcel bill. The program was approved by the Minnesota Public Utilities Com-
mission in early 2014 and is designed to improve access to solar for business and homeowners. The
Community Solar Garden program utilizes economies of scale to reduce overall construction costs
which are then passed on to subscribers through long terms savings on their energy costs.
Residential systems are generally small-scale. These systems can range from a few solar panels or
a solar hot water system installed alongside or on a principal residential structure. Rooftop systems
provide a vast amount of potential space for installing solar and generating electricity with no addi-
tional land consumption or impervious surface increase. The main concerns regarding these
systems tend to be aesthetic.
Solar panel systems larger than residential systems but smaller than utility systems are sometimes
installed on the rooftop of big -box retail businesses, warehouses, or municipal buildings. The impacts
of these systems are typically minimal, particularly on rooftops. These systems generally generate
energy or heat hot water for use on site. However, energy output could be delivered to a power grid
to offset the cost of energy on the site.
Memorandum to Planning Commission
Solar Energy Systems
May 15, 2015
Page 4 of 5
Solar Easements
Solar easements and issues of solar access involve neighboring air space, including the height and
setback of adjacent buildings and trees, which might be another matter that should be addressed.
Solar easements seek to create adequate protections for property owners who install solar energy
systems while not creating hardships for adjacent property owners. Most community ordinances
don't provide any solar access protection provisions but rather encourage property owners installing
solar energy systems to coordinate with adjoining property owners to obtain solar access protection.
There is currently no federal property "right" to sunlight for solar energy production.
Based on articles concerning the protection of solar resources, there are three basic ways: (1) solar
easement, (2) solar access permit, and (3) solar "fences." In the first case, a property owner protects
access to the sunlight needed by a solar energy system by negotiating solar easements with the
other neighboring owners and recording them with the appropriate authorities.
In the second case, a property owner provides documentation of a solar energy system to the local
government and obtains a permit providing protection from shading caused by future building con-
struction or tree growth on neighboring properties. To balance the rights of other property owners,
communities may allow for some degree of system shading above a threshold that ensures the
system's effectiveness will not drop below a certain percentage.
In the third case, a community establishes general solar protections for designated lots in the initial
subdivision process. This concept generally delineates an imaginary "fence" creating a "box" on each
lot within which sunlight must fall unobstructed by neighboring structures or vegetation, often for a
certain daily amount of time (commonly defined as, at minimum, between two to three hours on
either side of noon on the winter solstice). Neighboring property owners are prohibited from erecting
any structures that would cast shadows during that time in the lot area protected by the ordinance.
Visual Aesthetics
Some ordinances provide performance standards that mitigate solar energy systems in attempt to
preserve the surrounding landscape. Roof -mounted systems should be permitted as accessory uses
or as special exceptions; towers should be more closely reviewed. A roof -mounted system must
meet zoning district height requirements and not extend above the roof line by a specified distance.
A solar collection device or combination of devices should be designed and located to avoid glare or
reflection onto adjacent properties and roadways and shall not interfere with traffic or create a safety
hazard. In most cases, glare or reflection is not a problem, but is something that should be consid-
ered in developing solar energy regulations.
Free-standing solar energy systems allowed as an accessory use in all zoning classifications prob-
ably should not be taller than the accessory structures that are allowed within that particular zoning
district and should comply with the minimum setback requirements for other accessory structures in
that zoning district. This type of requirement is somewhat counter intuitive because other permitted
structures may potentially block the sunlight that needs to reach the solar panel. The size, height,
and location for free-standing solar energy systems should be clearly addressed in the ordinance for
each zoning classification that permits these systems.
Memorandum to Planning Commission
Solar Energy Systems
May 15, 2015
Page 5 of 5
Free-standing solar energy systems should not encroach on or over easements and probably not be
allowed in the front yard of residential properties. Satellite receiving antennas and wind turbines are
prohibited from being placed in the front yard.
Not all properties have developed with solar systems in mind. Some properties are too small with
mature trees and the placement of surrounding structures might limit their ability to have a free-
standing solar energy system. Alternatively, a roof -mounted system might be their only option.
Solar Energy System Regulations
Many examples and different approaches to regulating solar energy systems are readily available
on the internet. For the Planning Commission's consideration, if a solar energy ordinance is to be
drafted, City staff would consider the following ordinance elements:
• Purpose Statement
• Definitions
• General Procedures
• Solar Energy System Standards
• Applications for Solar Energy Systems
• Decommissioning
• Permitted Uses, Conditional Uses and Interim Uses for Solar Energy Systems.
The ordinance should distinguish residential, commercial, and utility -scale solar energy systems.
Residential systems should be designed to provide energy primarily for on-site residential use. Per-
mitting provisions for residential systems will probably be proposed to be approved administratively
through the building permit application process.
Commercial systems accessory to a permitted farm or business use to offset utility costs might be
required to be administratively reviewed and approved through the building permit application pro-
cess. If the solar design is to generate energy as an additional revenue stream or is a utility scale
system, then a conditional use permit or interim conditional use permit will be required.
Examples of solar energy ordinances from the City of Woodbury, City of Rosemount, Wright County,
and Stearns County are attached for reference.
Recommendation
A brief introduction of this subject matter will be presented at the May 18, 2015, Planning Commis-
sion meeting. The Planning Commission is requested to provide direction to City staff on whether or
not City Codes should be amended to allow solar energy systems in the community.
Attachments:
Solar Energy Standards — Urban Communities; February 2014
City of Woodbury, MN Solar Ordinance
City of Rosemount, MN Solar Ordinance
Stearns County, MN Solar Energy Systems Ordinance
Wright County, MN Solar Energy Farms and Solar Energy Systems Ord. (Draft)
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City of Rosemount
Ordinance No. B- 231
AN ORDINANCE AMENDING THE
CITY OF ROSEMOUNT ZONING ORDINANCE B
RELATING TO SOLAR COLLECTORS WITH SCREENING STANDARDS
THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA, ORDAINS that Ordinance B, adopted
September 19, 1989, entitled "City of Rosemount Zoning Ordinance," is hereby amended as follows:
Section 1. Rosemount Zoning Ordinance B, Section 11-2-12: Satellite Dishes and Solar Collectors is
hereby amended as follows:
Section 11-2-12: Satellite dishes and solar collectors shall be permitted in all districts and subject to the
setback requirements in subsection 11-5-2C1 of this title. (Ord. B-33, 10-19-1993) Alternative Energy
Systems.
A. Purpose and Intent: It is the goal of the city council, as expressed in the Comprehensive Plan, for
Rosemount to become a more sustainable community by encouraging activities that conserve energy
and result in less/no pollution output such as alternative energy sources. In accordance with that goal,
the city finds that it is in the public interest to encourage alternative energy systems that have a positive
impact on energy production and conservation while not having an adverse impact on the community.
Therefore, the purposes of this ordinance include:
1. To promote rather than restrict development of alternative energy sources by removing regulatory
barriers and creating a clear regulatory path for approving alternative energy systems.
2. To create a livable community where development incorporates sustainable design elements such
as resource and energy conservation and use of renewable energy.
3. To protect and enhance air quality, limit the effects of climate change and decrease use of fossil
fuels.
4. To encourage alternative energy development in locations where the technology is viable and
environmental economic and social impacts can be mitigated.
B. Definitions The following words, terms and phrases, when used in this division, shall have the
meanings ascribed to them in this section:
ALTERNATIVE ENERGY SYSTEM: A ground source heat pump, wind or solar energy system.
COMMUNITY SOLAR GARDEN: A solar -electric (photovoltaic) array that provides retail electric power (or
a financial proxy for retail power) to multiple community members or businesses residing or located off-
site from the location of the solar energy system, under the provisions of Minn. Statutes 2166.1641 or
successor statute.
PHOTOVOLTAIC SYSTEM: An active solar energy system that converts solar energy directly into
electricity.
SOLAR COLLECTOR: A device, structure or a part of a device or structure for which the primary purpose
is to capture sunlight and transform it into thermal, mechanical, chemical, or electrical energy.
SOLAR ENERGY: Radiant energy received from the sun that can be collected in the form of heat or light
by a solar collector.
SOLAR ENERGY SYSTEM: A device or structural design feature, a substantial purpose of which is to
provide daylight for interior lighting or provide for the collection, storage and distribution of solar
energV for space heating or cooling, electricity generation or water heating.
SOLAR ENERGY SYSTEM, ACTIVE: A solar energy system whose primary purpose is to harvest energy by
transferring solar energy into another form of energy or transferring heat from a solar collector to
another medium using mechanical, electrical, or chemical means.
SOLAR ENERGY SYSTEM, BUILDING -INTEGRATED: A solar energy system that is an integral part of a
principle or accessory building, replacing or substituting for an architectural or structural component of
the building. Building -integrated systems include but are not limited to photovoltaic or hot water solar
energy systems that are contained within or substitute for roofing materials, windows, skylights,
awnings and shade devices.
SOLAR ENERGY SYSTEM, ROOF -MOUNTED: a solar energy system mounted directly or abutting the roof
of a principal or accessory building.
SOLAR ENERGY SYSTEM, GRIDANTERTIE: A photovoltaic solar energV system that is connected to an
electric circuit served bV an electric utility companV.
SOLAR ENERGY SYSTEM, OFF -GRID: A photovoltaic solar energy system in which the circuits energized
by the solar energV system are not electrically connected in any way to electric circuits that are served
by an electric utility company.
SOLAR ENERGY SYSTEM, GROUND -MOUNT: A freestanding solar system mounted directly to the ground
using a rack or pole rather than being mounted on a building.
SOLAR ENERGY SYSTEM, PASSIVE: A system that captures solar light or heat without transforming it to
another form of energy or transferring the energy via a heat exchanger.
SOLAR FARM: A commercial facility that converts sunlight into electricity, whether by photovoltaic (PV),
concentrating solar thermal devices (CST), or other conversion technology, for the principal purpose of
wholesale sales of generated electricity.
SOLAR HOT WATER SYSTEM (ALSO THERMAL SYSTEM): A system that includes a solar collector and a
heat exchanger that heats or preheats water for building heating systems or other hot water needs,
including residential domestic hot water and hot water for commercial processes.
SOLAR RESOURCE: A view of the sun from a specific point on a lot or building that is not obscured by
any vegetation, building, or object for a minimum of four hours between the hours of 9:00 AM and 3:00
PM Standard Time on any day of the year.
C. Solar Energy Systems: The following standards apply to solar energy systems, subject to standards
of the applicable zoning district in which they are located.
1. Exemptions. Passive or building integrated solar energy systems are exempt from the
requirements of this section and shall be regulated as any other building element.
2. Uses. Roof -mounted solar energy systems are an accessory use in all districts. Ground -mounted
solar energy systems are an accessory use in the Agricultural, Residential, PI — Public and Institutional,
and Industrial districts. Community Solar Gardens or Solar Farms as defined in this section are an
interim use in the following zoning district outside the Metropolitan Urban Service Area (MUSA): AG
Agricultural, PI — Public and Institutional, LI — Light Industrial, GI — General Industrial and HI — Heavy
Industrial.
3. Setbacks. Roof -mounted solar energy systems shall comply with the setbacks requirement for the
applicable zoning district and structure type (principal or accessory) on which they mounted and may
encroach those setbacks per Section 11-5-2.C.1.a (Special Structural Elements). Ground -mounted solar
energy systems shall comply with the accessory structure setback standards for the applicable zoning
districtin which they are located. Community solar gardens or solar farms shall comply with the
principal structure setback standards for the applicable zoning district in which they are located
4. Height. Roof -mount solar energy systems shall comply with the height standards of the applicable
zoning district. Roof -mounted solar energy systems may be mounted at an angle to the roof to improve
their efficiency; however, the highest point of a solar panel in any residential district shall not be more
than three (3) feet, measured in a straight line, above the roof upon which the panel is mounted. This
three (3) foot height limitation does not apply to roof -mounted solar energy systems located in non-
residential districts or on non-residential uses. Ground -mounted solar energy systems shall not exceed
15 feet in height.
5. Aesthetics. Roof -mounted solar energy systems shall be designed to blend into the architecture of
the building, provided that design considerations shall not diminish energy production. The color of the
solar collector is not required to be consistent with other roofing materials. Reflection angles from
collector surfaces shall be oriented away from neighboring windows. Where necessary, screening may
be required to address glare.
6, Screening. Roof -mounted solar energy systems located in non-residential districts or on non-
residential uses shall be screened in accordance with the requirements of Section 11-2-5 and the
screening requirements of the applicable zoning district to the extent possible without reducing their
efficiency. Ground -mounted solar energV systems, community solar gardens or solar farms shall be
screened from view of the public right-of-way to the extent possible without reducing their efficiency by
setback, berming, landscaping, walls or a combination thereof.
7. Coverage. Roof -mounted solar energy systems shall not cover more than 80% of the south -facing
or flat roof upon which the panels are mounted and shall be set back a minimum of one (1) foot from
the edge of the roof. The surface area of ground -mount systems shall not exceed the maximum lot
coverage standard of the applicable zoning district.
S. Feeder Lines. All power lines shall be placed underground within the interior of each parcel.
9. Compliance with Building Code. All active solar energy systems shall meet approval of local
building code officials, consistent with the State of Minnesota Building Code, and solar thermal systems
shall comply with HVAC -related requirements of the Energy Code.
10. Compliance with State Electric Code, All photovoltaic systems shall comply with the Minnesota
State Electric Code.
11. Compliance with State Plumbing Code. Solar thermal systems shall comply with applicable
Minnesota State Plumbing Code.
12. Certifications. Solar electric system components shall be certified by Underwriters Laboratories,
Inc., and solar thermal systems shall be certified by the Solar Rating and Certification Corporation, or
other appropriate certifications) as determined by the City. The City reserves the right to deny a
building permit for proposed solar energy systems deemed to have inadequate certification.
13. Utility Connection. All grid-intertie systems shall have an agreement with the local utility prior to
the issuance of a building permit. A visible external disconnect must be provided if required by the
utility. Off -grid systems are exempt from this requirement.
14. Abandonment. If the solar energy system remains nonfunctional or inoperative for a continuous
period of one year, the system shall be deemed to be abandoned and shall constitute a public
nuisance. The owner shall remove the abandoned system at their expense after a demolition permit has
been obtained. Removal includes the entire structure including transmission equipment.
15. Permits. No solar energy system shall be erected, altered, improved, reconstructed, maintained or
moved in the city without first securing a permit from the city. Community Solar Gardens or Solar Farms
as defined in this section shall also require an interim use permit.
16. Deviations. Deviations from the required standards for a solar energy system may be addressed
though a variance.
Section 2. Rosemount Zoning Ordinance B, Section 11-4-1: Agricultural District is hereby amended
as follows:
C. Accessory Uses:
Satellite dishes and Roof -mounted or grounded -mounted solar collectors energy systems, subject to
section 11-2-12 of this title.
E. Interim Uses:
Community Solar Gardens or Solar Farms on properties outside the Metropolitan Urban Service Area
(MUSA), subject to section 11-2-12 of this title.
Section 3. Rosemount Zoning Ordinance B, Section 11-4-3: Rural Residential District is hereby
amended as follows:
C. Accessory Uses:
Satellite dishes and Roof -mounted or grounded -mounted solar collectors energy systems, subject to
section 11-2-12 of this title.
Section 4. Rosemount Zoning Ordinance B, Section 11-4-4: Very Low Density Residential District is
hereby amended as follows:
C. Accessory Uses:
Satellite dishes and Roof -mounted or grounded -mounted solar collectors energy systems, subject to
section 11-2-12 of this title.
Section 5. Rosemount Zoning Ordinance B, Section 11-4-5: Low Density Residential District is hereby
amended as follows:
C. Accessory Uses:
Satellite dishes and Roof -mounted or grounded -mounted solar collectors energy systems, subject to
section 11-2-12 of this title.
Section 6. Rosemount Zoning Ordinance B, Section 11-4-6: Low Density Residential District is hereby
amended as follows:
C. Accessory Uses:
Satellite dishes and Roof -mounted or grounded -mounted solar collectors energy systems, subject to
section 11-2-12 of this title.
Section 7. Rosemount Zoning Ordinance B, Section 11-4-7: Moderate Density Residential District is
hereby amended as follows:
C. Accessory Uses:
Satellite dishes and Roof -mounted or grounded -mounted solar collectors energy systems, subject to
section 11-2-12 of this title.
Section 8. Rosemount Zoning Ordinance B, Section 11-4-8: Medium Density Residential District is
hereby amended as follows:
C. Accessory Uses:
Satellite dishes and Roof -mounted or grounded -mounted solar collectors energy systems, subject to
section 11-2-12 of this title.
Section 9. Rosemount Zoning Ordinance B, Section 11-4-9: High Density Residential District is
hereby amended as follows:
C. Accessory Uses:
Satellite dishes and Roof -mounted or grounded -mounted solar collectors energy systems, subject to
section 11-2-12 of this title.
Section 10. Rosemount Zoning Ordinance B, Section 11-4-10: Convenience Commercial District is
hereby amended as follows:
C. Accessory Uses:
Roof -mounted solar energy systems, subject to section 11-2-12 of this title.
Section 11. Rosemount Zoning Ordinance B, Section 11-4-11: Downtown District is hereby amended
as follows:
C. Accessory Uses:
Satellite dishes and Roof -mounted solar collectors energy systems, subject to section 11-2-12 of this
title.
Section 12. Rosemount Zoning Ordinance B, Section 11-4-13: Highway Commercial District is hereby
amended as follows:
C. Accessory Uses:
Satellite dishes and Roof -mounted solar collectors energy systems, subject to section 11-2-12 of this
title.
Section 13. Rosemount Zoning Ordinance B, Section 11-4-14: General Commercial District is hereby
amended as follows:
C. Accessory Uses:
Satellite dishes and Roof -mounted solar collectors energy systems, subject to section 11-2-12 of this
title.
Section 14. Rosemount Zoning Ordinance B, Section 11-4-15: Business Park District is hereby
amended as follows:
C. Accessory Uses:
Satellite dishes and Roof -mounted solar collectors energy systems, subject to section 11-2-12 of this
title.
Section 15. Rosemount Zoning Ordinance B, Section 11-4-15-1: Light Industrial District is hereby
amended as follows:
C. Accessory Uses:
Satellite dishes and Roof -mounted or grounded -mounted solar collectors energy systems, subject to
section 11-2-12 of this title.
E. Interim Uses:
Community Solar Gardens or Solar Farms on properties outside the Metropolitan Urban Service Area
(MUSA), subject to section 11-2-12 of this title.
Section 16. Rosemount Zoning Ordinance B, Section 11-4-16: General Industrial District is hereby
amended as follows:
C. Accessory Uses:
Satellite dishes and Roof -mounted or grounded -mounted solar collectors energy systems, subject to
section 11-2-12 of this title.
E. Interim Uses:
Community Solar Gardens or Solar Farms on properties outside the Metropolitan Urban Service Area
(MUSA), subiect to section 11-2-12 of this title.
Section 17. Rosemount Zoning Ordinance B, Section 11-4-16-1: Heavy Industrial District is hereby
amended as follows:
C. Accessory Uses:
Satellite dishes and Roof -mounted or grounded -mounted solar collectors energy systems, subject to
section 11-2-12 of this title.
E. Interim Uses:
Community Solar Gardens or Solar Farms on properties outside the Metropolitan Urban Service Area
(MUSA), subject to section 11-2-12 of this title.
Section 18. Rosemount Zoning Ordinance B, Section 11-4-18: Public and Institutional District is
hereby amended as follows:
C. Accessory Uses:
Satellite dishes and Roof -mounted or grounded -mounted solar collectors energy systems, subject to
section 11-2-12 of this title.
E. Interim Uses:
Community Solar Gardens or Solar Farms on properties outside the Metropolitan Urban Service Area
(MUSA), subiect to section 11-2-12 of this title.
Section 19. Rosemount Zoning Ordinance B, Section 11-4-20: Industrial Park District is hereby
amended as follows:
C. Accessory Uses:
Roof -mounted solar energy systems, subiect to section 11-2-12 of this title.
Section 20. Rosemount Zoning Ordinance B, Section 11-5-2: Supplementary Regulations is hereby
amended as follows:
B. Supplementary Height Regulations
1. Permitted Exceptions: Except as specifically provided in a business park or industrial district, the
following structural appurtenances shall be permitted to a height not to exceed twenty five feet (25') in
addition to the maximum height permitted for the district, provided they do not impair the solar access
of buildings on adjoining properties and are not used for human occupancy or commercial enterprise:
a. Ornamentation such as church spires, belfries, bell towers, cupolas, domes, monuments and
flagpoles.
b. Mechanical appurtenances such as solar collectors, chimneys, smokestacks, elevator and stairwell
penthouses, antennas, transmission towers and other necessary structures.
c. In all districts, setbacks for all freestanding tower antennas shall be equal to the height of the antenna
and its supporting structure.
Woodbury, MN Code of Ordinances
Page 1 of 2
Sec. 24-406. - Solar energy systems.
(a) Zoning districts. Solar energy systems in accordance with the standards in this section are allowed
as a permitted accessory use in all zoning districts.
(b) Standards.
(1) Exemption. Passive or building -integrated solar energy systems are exempt from the
requirements of this section and shall be regulated as any other building element.
(2) Minimum lotsize. In the R-4, urban residential zoning district, a minimum lot size of 8,000
square feet is required for ground -mounted solar energy systems.
(3) Height Roof -mounted solar energy systems shall comply with the maximum height
requirements in the applicable zoning district. Ground -mounted solar energy systems shall
not exceed 15 feet in height.
(4) Location. In residential zoning districts, ground -mounted solar energy systems are limited to
the rear yard. In nonresidential zoning districts, ground -mounted solar energy systems may
be permitted in the front yard of any lot or the side yards on corner lots but shall not encroach
in the minimum 20 -foot landscaped area adjacent to public rights-of-way.
(5) Setbacks. Ground -mounted solar energy systems including any appurtenant equipment shall
be set back a minimum of 15 feet from all property lines and a minimum of 30 feet from all
dwellings located on adjacent lots. Roof -mounted systems shall comply with all building
setbacks in the applicable zoning district and shall not extend beyond the exterior perimeter
of the building on which the system is mounted.
(6) Roof mounting. Roof -mounted solar collectors shall be flush mounted on pitched roofs. Solar
collectors may be bracket mounted on flat roofs.
(7) Easements. Solar energy systems shall not encroach on public drainage, utility roadway or trail
easements,
(8) Screening. Solar energy systems shall be screened from view to the extent possible without
reducing their efficiency, but are exempt from the strict requirements of section 24-235(d)(9).
Screening may include walls, fences or landscaping.
(9) Maximum area. In the R-4, urban residential, zoning district, ground -mounted solar energy
systems shall be limited to a maximum area of 200 square feet. In other residential zoning
districts, ground -mounted solar energy systems shall be limited to a maximum area consistent
with the accessory structure limitations in section 24-281(b) or no more than 25 percent of the
rear yard, whichever is less.
(10) Aesthetics. All solar energy systems shall use colors that blend with the color of the roof or
other structure. Reflection angles from collector surfaces shall be oriented away from
neighboring windows. Where necessary, screening may be required to address glare.
(11) Feeder lines. The electrical collection system shall be placed underground within the interior
of each parcel. The collection system may be placed overhead near substations or points of
interconnection to the electric grid.
(12) Deviations. Any deviation from the required standards of this division maybe permitted
through an interim conditional use permit in accordance with section 24-407
(d) Safety.
about:blank Tuesday, February 17, 2015
Woodbury, MN Code of Ordinances
(1) Standards and certification.
Page 2 of 2
a. Standards. Solar energy systems shall meet the minimum standards outlined by the
International Electrotechnical Commission (IEC), the American Society of Heating,
Refrigerating, and Air-conditioning Engineers (ASHRAE), ASTM International, British
Standards Institution (BSI), International Electrotechnical Commission (IEC), International
Organization for Standardization (ISO), Underwriter's Laboratory (UL), the Solar Rating and
Certification Corporation (SRCC) or other standards as determined by the community
development director.
b. Certification. Solar energy systems shall be certified by Underwriters Laboratories, Inc. and
the National Renewable Energy Laboratory, the Solar Rating and Certification Corporation
or other body as determined by the community development director. The city reserves
the right to deny a building permit for proposed solar energy systems deemed to have
inadequate certification.
(2) Utility connection. All grid connected systems shall have an agreement with the local utility
prior to the issuance of a building permit. A visible external disconnect must be provided if
required bythe utility.
(e) Abandonment. If the solar energy system remains nonfunctional or inoperative for a continuous
period of one year, the system shall be deemed to be abandoned and shall constitute a public
nuisance. The owner shall remove the abandoned system attheir expense after a demolition
permit has been obtained. Removal includes the entire structure including transmission
equipment.
(f) Permits. A building permit and interim conditional use permit, if required, shall be obtained for any
solar energy system prior to installation.
(Ord. No. 1863, § 1863.02, 10-24-2012)
about:blank Tuesday, February 17, 2015
WRIGHT COUNTY PLANNING COMMISSION
NOTICE OF INTENT TO AMEND THE WRIGHT COUNTY ZONING ORDINANCE
NOTICE IS HEREBY GIVEN, that the Wright County Planning Commission, during its regular
Meeting on Thursday, April 23, 2015, at 7:30 P.M., will hold a public meeting to consider amending the
Wright County Zoning Ordinance as proposed by Great River Energy. This consideration and discussion will
take place in the Commissioners' Board Room at the Wright County Government Center, Buffalo, Minnesota.
The Wright County Planning Commission will be reviewing and discussing an amendment to the Wright
County Zoning Ordinance to add Section 762 Solar Energy Farms and Solar Enerey Systems. Included in
this amendment will be two definitions added to Section 302 for "Solar Energy Systems" and
"Solar Energy Farms" which further define the use. A conditional use permit for Solar Energy Farms will be
added to all zoning districts except for Residential and Shoreland Districts.
THE PROPOSED AMENDMENT further defines how these will be permitted, including when a
Conditional Use Permit is required in zoning districts (a Conditional Use Permit would require a public
hearing and approval by the County Planning Commission.)
Such persons that desire to be heard with reference to the proposed application will be heard at this time. If you do
not attend the hearing or submit written comment, it will be assumed that you have no objections to the proposal. If
there are any questions, please contact the Planning and Zoning Office in Buffalo. Interpreter services for the
hearing impaired will be provided on request for public meetings and other county -sponsored classes and events.
WRIGHT COUNTY PLANNING & ZONING OFFICE
WRIGHT COUNTY GOVERNMENT CENTER
10 SECOND STREET NW RM 140
BUFFALO MINNESOTA 55313-1185
PHONE: (763) 682-7338
Insert in Section 302 Definitions
Solar Energy Systems — A solar panel or array mounted on a building, pole or rack that is
secondary to the primary use of the parcel on which it is located and is 100 kilowatts direct
current (DC) rated capacity and under.
Solar Energy Farms - A solar array composed of multiple solar panels on ground -mounted rack
or poles which are the primary land use for the parcel on which it is located and is greater than
100 kilowatts direct current (DC) rated capacity.
Draft Ordinance Language for Solar Energy Farms and Solar Energy Systems
762. SOLAR ENERGY FARMS AND SOLAR ENERGY SYSTEMS
762.1 Purpose
The purpose of this document is to set forth standards for Solar Energy Farms and Solar Energy
Systems for Wright County.
762,2 Solar Energy Farms Requirements and Standards
Solar Energy Farms shall be subject to the following performance standards:
(1) Solar Energy Farms are composed of multiple solar panels on multiple mounting
systems (poles or racks), and generally have a direct current (DC) rated capacity
greater than one hundred (100) kilowatts. Solar Energy Farms greater than one
hundred (100) kilowatts in all zones and Solar Energy Systems greater than ten (10)
kilowatts in all zones except for General Agriculture (AG) require a Conditional Use
Permit. Solar Energy Farms are not allowed in shoreland or residential districts.
Solar Energy Farms are allowed up to ten (10) megawatts.
(2) Solar Energy Farms in agricultural, commercial, and industrial zoning districts may
be up to twenty (20) feet in height at maximum design tilt.
(3) Location within Lot: Solar Energy Farms must meet the primary structure setbacks
for the zoning district and will be measured from the closest point at maximum
orientation.
(4) Storm water management shall meet the requirements of Wright County and the
State of Minnesota.
(5) Erosion and sediment control shall meet the requirements of Wright County and the
State of Minnesota.
(6) Foundations: The manufacturer's engineer or another qualified engineer shall certify
that the foundation and design of the solar panels is within accepted professional
standards, given local soil and climate conditions.
(7) Other standards and codes: All Solar Energy Farms shall be in compliance with any
applicable local, state and federal regulatory standards, including the State of
Minnesota Uniform Building Code, as amended; and the National Electric Code, and
National Electric Safety Code as amended.
(8) Power and communication lines: Power and communication lines running between
banks of solar panels and to the point of interconnection of distribution utility or
interconnections with buildings shall be buried underground as much as practical.
Exemptions may be granted by the Commission in instances where shallow bedrock,
water courses, or other elements of the natural landscape interfere with the ability to
bury lines.
(10) Application requirements: The following information shall be provided to Wright
County Planning and Zoning for application of a Conditional Use Permit:
A site plan of existing applicable conditions showing the following:
(a) Existing property lines and property lines extending one hundred (100) feet
from the exterior boundaries.
(b) Existing public and private roads and any easements.
(c) Location and size of any abandoned wells and sewage treatment systems.
(d) Existing buildings and any impervious surface.
(e) Topography at two (2) foot intervals and source of contour interval, unless
determined otherwise by the Wright County Planning and Zoning Department.
(f) Existing vegetation.
(g) Waterways, watercourses, lakes and wetlands..
(h) The one hundred (100) year flood elevation and Regulatory Flood Protection
Elevation, if available.
(i) Floodway, flood fringe and/or Flood Plain (FP) district boundary, if
applicable.
Q) The shoreland district boundary, if any portion of the project is located in a
shoreland district.
(k) In the shoreland district, the ordinary high water level.
(1) In the shoreland district, the toe and top of a bluff within the project boundaries.
(m) Surface water drainage patterns.
(2) Site Plan of Proposed Conditions:
(a) Planned location and spacing of solar panels.
(b) Planned location of access roads.
(c) Planned location of underground or overhead electric lines connecting the
Solar Energy Farm or Solar Energy System to the building, substation or other
electric load.
(d) Planned new electrical equipment other than at the existing building or
substation that is the connection point for the Solar Energy Farm.
(e) Proposed erosion and sediment control measures as required in Section 710
and 728 of the Wright County Zoning Ordinance. If required, the Planning
Commission may review the associated land alteration for a Solar Energy Farm
or Solar Energy System and issue a Conditional Use Permit for that land
alteration as part of the request for the Solar Energy Farm or Solar Energy
System Conditional Use Permit.
(I) Proposed storm water management measures.
(g) Sketch elevation of the premises accurately depicting the proposed Solar
Energy Farm or Solar Energy System and its relationship to structures on
adjacent lots (if any) unless determined otherwise by the Wright County
Planning and Zoning Department.
(3) Specifications and proposed installation methods for all planned major equipment,
including solar panels, mounting systems and foundations for poles or racks.
(4) The planned number of panels to be installed.
(5) A description of the method of connecting the array to a building or substation,
(6) A copy of the submitted interconnection application with the local electric utility or a
written explanation outlining why an interconnection application is not necessary.
(7) A decommissioning plan may be required to ensure that facilities are properly removed
after their useful life. Decommissioning of solar panels must occur in the event they are
not in use for twelve (12) consecutive months. The plan shall include provisions for
removal of all structures and foundations, restoration of soil and vegetation and a plan
describing the financial resources that will be available to fully decommission the site.
The Commission may require the posting of a bond, letter of credit or the establishment
of an escrow during some point of the life of the project to ensure proper
decommissioning.
(8) The Conditional Use Permit for Solar Energy Farms shall expire at the same time that the
Solar Energy Farm lease expires, but in no case shall exceed thirty years. A new
Conditional Use Permit can be applied for and the County may issue a new Conditional
Use Permit for an existing Solar Energy Farm under the terms of Section 505 in the
Wright County Zoning Ordinance. The Commission may waive the expiration
requirement for Solar Energy Farms located on property owned by public utilities and
other unique owner operated facilities. Conditional Use Permits for Solar Energy
Systems do not expire unless the Solar Energy System is removed.
(9) The Commission may require a buffer between Solar Energy Farms or Solar Energy
Systems and adjoining properties.
(10) The Commission may require a greater setback between adjoining properties if
conditions warrant.
762.3 Solar Energy Systems Requirements and Standards
Solar Energy Systems ten (10) kilowatts and under are a permitted accessory use in all
zoning districts. Solar Energy Systems over ten (10) kilowatts and not exceeding
hundred (100) kilowatts require a Conditional Use Permit.
Solar Energy Systems one hundred (100) kilowatts and under are a permitted accessory
use in the General Agricultural (AG) zoning district.
(1) Accessory Building Limit: Solar Energy Systems, either roof or ground -mounted, do not
count as an accessory building for the purpose of limits on accessory buildings.
(2) Height: Solar Energy Systems are subject to the following height requirements:
(a) Building or roof- mounted Solar Energy Systems shall not exceed the maximum
allowed height in any zoning district.
(b) Ground or pole -mounted Solar Energy Systems shall not exceed fifteen (15) feet in
height when oriented at maximum tilt in residential zones and may be allowed up to
twenty (20) feet in other zones.
(3) Location within Lot: Solar Energy Systems must meet the accessory structure setback for
the zoning district and will be measured from the closest point at maximum orientation. If
attached to the primary structure the Solar Energy Systems must meet the setbacks for the
primary structure.
(4) Approved Solar Components: Electric Solar Energy System components must have an
Underwriters Laboratory (UL) listing.
(5) Compliance with State Electric Code: All Solar Energy Systems shall comply with the
Minnesota State Electric Code.
(6) Utility Notification: No Solar Energy System shall be installed until evidence has been
given to the Department that the owner has notified the utility company of the customer's
intent to install an interconnected customer -owned generator. Off -grid systems are
exempt from this requirement.
Stearns County Land Use and Zoning Ordinance This Section last amended January 28, 2014.
G. All parking areas, bus loading and unloading areas, delivery areas and access
roads to any of these areas shall be hard surfaced.
H. To the extent possible, new construction or additions to existing buildings
shall be complementary and compatible with the scale and character of the
surroundings, and exterior materials shall be compatible with those used in
the immediate neighborhood.
I. All accessory residential or day care uses are subject to the provisions of this
Ordinance.
J. Signs shall meet the requirements of Section 7.24 of this Ordinance.
6.50 Seasonal Produce Sales Stands, Accessory
6.50.1 Performance Standards
Seasonal produce sales stands shall comply with the following standards:
A. Seasonal produce stands shall be an accessory use to a principle agricultural
use.
B. Operation of produce stands shall be limited to the growing season in
Minnesota.
C. No sale of product shall take place in the public right-of-way of any Federal,
State, County or Township roadway unless approved by the road authority.
D. Off-street parking shall be provided outside of any road right-of-way.
E. Any temporary structure placed on the property for seasonal produce sales
shall be removed at the end of the selling season. The size of the temporary
structure shall not exceed one hundred twenty (120) square feet.
F. All structures, including temporary structures, shall meet the minimum
setback requirements of the district in which it is located.
G. Signs shall meet the requirements of Section 7.24 of this Ordinance.
6.51 Solar Energy Systems
6.51.1 Comprehensive Plan Reference
The purpose of this Section is to set forth standards for large and small solar
energy systems. Stearns County has determined that development of solar energy
is in the public interest and consistent with the Comprehensive Plan, including the
following goals:
A. Natural Resource Plan, Goal 2, Objective 4: Encourage use of renewable
energy systems, including wind energy and solar energy, which reduce the
footprint of development on local and global natural systems.
B. Economic Development Plan, Goal 3, Objective 3: Encourage and promote
the use of "green" architecture design principles that minimize impacts to the
natural and cultural environments and reduce long -run risk to business.
6.51.2 Standards for Solar Farms
Solar Farms shall be subject to the administrative requirements of Section 4.8 of ( vG t
this Ordinance and the following performance standards:
A. Solar farms are the primary land use for the parcel on which the array is
located and are distinguished from solar arrays that are a secondary or
accessory use. Solar farms are composed of multiple solar panels on multiple
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Stearns County Land. Use and Zoning Ordinance This Section last amended January 28, 2014.
mounting systems (poles or racks), and generally have a Direct Current (DC)
rated capacity greater than one hundred (100) kilowatts.
B. Stormwater management shall meet the requirements of Section 7.25 of this
Ordinance.
C. Erosion and sediment control shall meet the requirements of Section 7.10 of
this Ordinance.
D. Foundations. The manufacturer's engineer or another qualified engineer
shall certify that the foundation and design of the solar panels is within
accepted professional standards, given local soil and climate conditions,
E. Other standards and codes. All solar farms shall be in compliance with any
applicable local, state and federal regulatory standards, including the State of
Minnesota Uniform Building Code, as amended; and the National Electric
Code, as amended.
F
G.
Power and communication lines. Power and communication lines running
between banks of solar panels and to electric substations or interconnections
with buildings shall be buried underground. Exemptions may be granted by
the Department in instances where shallow bedrock, water courses, or other
elements of the natural landscape interfere with the ability to bury lines.
Application requirements. The following information shall be provided to
the Department prior to issuance of the conditional use permit:
(1) A site plan of existing conditions showing the following:
(a) Existing property lines and property lines extending one
hundred (100) feet from the exterior boundaries, including the
names of the adjacent property owners and current use of
those properties
(b) Existing public and private roads, showing widths of the roads
and any associated easements
(c) Location and size of any abandoned wells, sewage treatment
systems and dumps
(d) Existing buildings and any impervious surface
(e) Topography at two (2) foot intervals and source of contour
interval, unless determined otherwise by the Department. A
contour map of the surrounding properties may also be
required
(f) Existing vegetation (list type and percent of coverage; i.e.
grassland, plowed field, wooded areas, etc.)
(g) Waterways, watercourses, lakes and public water wetlands
(h) Delineated wetland boundaries
(i) The one hundred (100) -year flood elevation and Regulatory
Flood Protection Elevation, if available
(j) Floodway, flood fringe and/or general flood plain district
boundary, if applicable
(k) The shoreland district boundary, if any portion of the project is
located in a shoreland overlay district
(1) In the shoreland overlay district, the ordinary high water level
and the highest know water level
(m) In the shoreland overlay district, the toe and top of any bluffs
within the project boundaries
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Stearns County Land Use. and Zoning Ordinance This Section last amended January 28, 2014.
(n) Mapped soils according to the Stearns County Soil Survey
(o) Surface water drainage patterns
(p) LESA score for the parcel, if located within an agricultural
zoning district.
(2) Site Plan of Proposed Conditions
(a) Location and spacing of solar panels
(b) Location of access roads
(c) Planned location of underground or overhead electric lines
connecting the solar farm to the building, substation or other
electric load
(d) New electrical equipment other than at the existing building or
substation that is the connection point for the solar farm
(e) Proposed erosion and sediment control measures as required
in Section 7.10 of this Ordinance.
(f) Proposed stormwater management measures as required under
Section 7.25 of this Ordinance
(g) . Sketch elevation of the premises accurately depicting the
proposed solar energy conversion system and its relationship
to structures on adjacent lots (if any);
(3) Manufacturer's specifications and recommended installation methods
for all major equipment, including solar panels, mounting systems and
foundations for poles or racks;
(4) The number of panels to be installed;
(5) A description of the method of connecting the array to a building or
substation;
(6) A copy of the interconnection agreement with the local electric utility
or a written explanation outlining why an interconnection agreement is
not necessary;
(7) A decommissioning plan shall be required to ensure that facilities are
property removed after their useful life. Decommissioning of solar
panels must occur in the event they are not in use for twelve (12)
consecutive months. The plan shall include provisions for removal of
all structures and foundations, restoration of soil and vegetation and a
plan ensuring financial resources will be available to fully
decommission the site. Disposal of structures and/or foundations shall
meet the provisions of Stearns County Solid Waste Ordinance Number
171; or successor ordinance. The Board may require the posting of a
bond, letter of credit or the establishment of an escrow account to
ensure proper decommissioning.
6.51.3 Standards for Solar Energy Systems, Accessory. Solar energy systems are a
permitted accessory use in all zoning districts, subject to the following standards.
A. Accessory Building Limit. Solar systems, either roof or ground -mounted, do
not count as an accessory building for the purpose of meeting limits on the
number of accessory structures allowed per residential lot or the coverage
limits, as set in Section 6.2 of this Ordinance.
B. Height. Active solar systems are subject to the following height requirements:
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Stearns County Land Use and Zoning Ordinance This Section last amended January 28, 2014.
(1) Building or roof- mounted solar systems shall not exceed the maximum
allowed height in any zoning district. For purposes of height
measurement, solar systems other than building -integrated systems
shall be considered to be mechanical devices and are restricted
consistent with other building -mounted mechanical devices for the
zoning district in which the system is being installed.
(2) Ground or pole -mounted solar systems shall not exceed fifteen (15) feet
in height when oriented at maximum tilt.
C. Location within Lot. Solar systems must meet the accessory structure setback
for the zoning district. If the lot is located in agricultural zoning districts or a
Natural Resource Conservation Overlay the solar system must be placed
within the designated building envelope or obtain a conditional use permit as
specified in Section 7.32 of this Ordinance.
(1) Roof -mounted Solar Systems. In addition to the building setback, the
collector surface and mounting devices for roof -mounted solar systems
that are parallel to the roof surface shall not extend beyond the exterior
perimeter of the building on which the system is mounted or built. The
collector and racking for roof -mounted systems that have a greater
pitch than the roof surface shall be set back from all roof edges by at
least two (2) feet. Exterior piping for solar hot water systems shall be
allowed to extend beyond the perimeter of the building on a side yard
exposure.
(2) Ground -mounted Solar Systems. Ground -mounted solar energy
systems may not extend into the side -yard or rear setback when
oriented at minimum design tilt.
(3) Large Ground -mounted Systems. Ground -mounted solar systems that
result in the creation of one (1) or more acres of impervious surface
must comply with Sections 7.10 and 7.25 of this Ordinance.
D. Maximum Coverage. Roof or building mounted solar systems, excluding
building -integrated systems, shall not cover more than eight (80) percent of
the south -facing or flat roof upon which the panels are mounted. The total
collector surface area of pole or ground mount systems in non-agricultural
districts shall not exceed one percent of the lot area.
E. Approved Solar Components. Electric solar system components must have a
Underwriters Laboratory (UL) listing.
F. Compliance with State Electric Code. All photovoltaic systems shall comply
with the Minnesota State Electric Code.
G. Utility Notification. No grid-intertie photovoltaic system shall be installed
until evidence has been given to the Department that the owner has notified
the utility company of the customer's intent to install an interconnected
customer -owned generator. Off -grid systems are exempt from this
requirement.
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