HomeMy WebLinkAbout08-198 Solar EnergyCITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-198
AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES BY
ADDING ADDITIONAL STANDARDS FOR SOLAR ENERGY SYSTEMS AND SOLAR
FARMS
SECTION 1. The City Council of the City of Lake Elmo hereby amends Title XV: Land
Usage; Chapter 154: Zoning Code; Article II; Section 154.012; Subd. (B) (12) by removing
the current definition of Solar Equipment and adding the following to a new Subd. (B)
(10): Alternative Energy:
Solar Farm. A commercial facility that converts sunlight into electricity, whether by
photovoltaic (PV), concentrating solar thennal devices (CST), or other conversion technology,
for the principal purpose of sales of generated electricity to off-site customers.
Solar Energy System. A device or structural design feature, a primary purpose of which is to
provide for the collection, storage, and distribution of solar energy for space heating, cooling,
water heating, or for power generation.
SECTION 2. The City Council of the City of Lake Elmo hereby amends Title XV: Land
Usage; Chapter 154: Zoning Code; Article II; Section 154.310 (B) (12) by moving the
current standards of Solary Energy Systems to a new Section entitled Alternative Energy
and to read as follows.
Solar Energy Systems. Solar energy systems are pennitted accessory uses in all districts,
provided the system or equipment is in compliance with standards set forth below.
l. Permits. A building permit shall be obtained before the installation of solar arrays or
panels on any property. All solar energy systems shall be installed and components
labeled in accordance with the Minnesota State Electric Code Section 690.
2. Signage. Properties 1Nith solar energy systems shall have at least one (1) sign posted at
the entrance of the property or structure on which the solar energy system is mounted,
containing the following information: voltage infonnation, manufacturer's name,
emergency telephone number, and emergency shutdovm procedures.
3. Rooftop or Building Integrated Solar Energy Systems.
a. These systems are permitted accessory uses in all districts in which buildings are
permitted.
b. Visibility, Commercial Installations. Commercial rooftop systems shall be placed
on the roof to limit visibility from the public right-of-way or to blend into the roof
design, provided that minimizing visibility still allows the property owner to
reasonably capture solar energy.
4. Ground-Mount Solar Energy Systems.
a. Ground-mount energy systems are pennitted accessory uses in all districts where
buildings are permitted.
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b. Ground-mount energy systems must comply with all accessory setback, height
and lot coverage restrictions unless otherwise stated herein or a variance is
granted and shall not encroach on any City easement unless an easement
encroachment agreement approved by the Planning Director or his/her designee
after review and approval from the City Engineer or his/her designee has been
executed. A certificate of zoning compliance is required for all solar energy
systems unless a conditional use permit is required as stated herein.
1. The collector surface of a ground-mount system and any foundation,
compacted soil, or other component of the solar installation that rests on
the ground is considered impervious surface. Vegetated ground under the
collector surface can be used to mitigate stonnwater runoff.
c. Exemptions. Solar energy systems of a size of six square feet or less may be
exempt from zoning district setback requirements.
5. Interconnection Agreement. All electric solar energy systems that are connected to the
electric distribution or transmission system through the existing service of the primary
use on the site shall obtain an interconnection agreement with the electric utility in whose
service territory the system is located. Solar energy systems connected directly to the
distribution or transmission system must obtain an interconnection agreement with the
interconnecting electric utility. Systems that are not directly connected to the grid or not
connected to the electric system of a building that is connected to the gird are exempt
from this requirement.
6. Glare. Glare produced from any solar energy system shall be minimized from affecting
adjacent or nearby properties. Measures to minimize glare include selective placement of
the system, screening of the solar array, modifying the orientation of the system, reducing
use of the reflector system, or other remedies that limit glare.
a. Mirror Reflecting Designed Solar Energy Systems. Mirror reflecting designed
solar energy systems are pennitted only on properties with ten (10) acres or
larger. A conditional use permit is required and more restrictive setback standards
may be required upon review of the conditional use permit.
7. Code Requirements. Electric solar energy system componements that are connected to a
building electric system must have an Underwriters Laboratory (UL) listing. All solar
installations must comply with the Minnesota and National Electric Code. All rooftop or
building integrated solar energy systems require a building pennit and shall comply with
the Minnesota Building Code. Solar thennal hot water systems shall comply with
applicable Minnesota State Plumbing Code requirements.
8. Decommissioning. A decommissioning plan shall 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 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. The City
may require the posting of a bond, letter of credit or the establishement of an escrow to
ensure proper decommissioning.
9. Easements Allowed. Solar easements may be filed, consistent with Minnesota Stat.
Chapter 500 Section 30. Any building owner can purchase an easement across
neighboring properties to protect access to sunlight. The easement is purchased or
granted by owners of neighborhing properties and can apply to buildings, trees, or other
structures that would diminish solar access.
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SECTION 3. The City Council of the City of Lake Elmo hereby amends Title XV: Land
Usage; Chapter 154: Zoning Code; Article II; by adding the following Section 154.915:
§ 154.915 SOLAR FARMS
I. Conditional or Interim Use Permit. A conditional or interim use pennit subject to the
zoning district in which the proposed solar fann is to be located.
2. Minimum Lot Size, Setbacks, and Screening Requirements. Solar farms are limited to
properties at least ten acres in size. Solar fanns must maintain a setback of at least 50 feet
from adjacent properties and be screened and fenced as determined by the City from
adjacent residential properties.
3. Stormwater and NPDES. Solar fanns are subject to the City's and watershed district's
stormwater management and erosion and sediment control provisions and NPDES permit
requirements.
4. Foundations. A qualified engineer shall ceriify that the foundation and design of the solar
panels, racking and support is within accepted professional standards, given local soil and
climate conditions.
SECTION 4. The City Council of the City of Lake Elmo hereby amends Title XV: Land
Usage; Chapter 154: Zoning Code; Article XI: Rural Districts; Section 154.401: Permitted,
Conditional, and Interim Uses to read as follows.
RT A RR RS RE Standard
Residential Uses
Household Living
Single-Family Detached Dwelling p p p p p 154.404 (A)
Secondary Dwelling -p ---154.404 (D)
Services '
Self Service Storage Facility 13 13 --I I
-I 154.404 (G)
-·
Outdoor Recreation Facility -C ---154.306 (C)
Parks and Open Areas p p p p p 154.012 (B) (7)
Restricted Recreation -C ---154.306 (B)
Agricultural and Related Uses -
Agricultural Entertainment Business I I I --154.914
Agricultural Production p p p --154.012 (B) (9)
Agricultural Sales Business I I I --154.913
Agricultural Services C C ---154.404 (J)
Forestry Operations -p ---154.012 (B) (9)
Greenhouses, Non Retail C C C --154.012 (B) (9)
Solar Farm I C C --154.915
Wayside Stand p p p --154.012 (B) (9)
Industrial and Extractive Uses
Motor Freight and Warehousing 13 ----154.404 (G)
Accessory Uses
Bed and Breakfast C l C l C ! -! -i 154.012 (B) (12) I i
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RT A RR RS RE Standard
Domestic Pets p p p p p I I 154.012 (B) (12)
Family Day Care p p p p p I 154.012 (B) (12)
Home Occupation p p p p p I 154.012 (B) (12)
Kennel, Private C C C --I 154.012 (B) (12)
Solar Energy Systems p p p p p 154.310 (C)
Stable, Private C C C --154.012 (B) (12)
Swimming Pools, Hot Tubs, Etc. p I p p p p 154.012 (B) (12)
Temporary Sales p p p p p 154.012 (B) (12)
Water-Oriented Accessory Structures p p p p p 154.800
Other Structures Typically Incidental and p p p p p
Clearly Subordinate to Permitted Uses
Commercial Wedding Ceremony Venue I I I I I I 154.310 (D)
Notes to Rural Districts Table 9-2
a. 1 dwelling unit per 40 acres applies to all non-farm dwellings. In additional to non-farm
dwellings (1 per 40 acres), each farm is allowed one farm dwelling per farm.
b. Nominal 40 acres: a 40-acre parcel not reduced by more than 10% due to road rights-of-
way and survey variations.
c. Nominal 10 acres: a 10-acre parcel not reduced by more than 10% and/or a 10-acre parcel
located on a comer or abutting a street on 2 sides not reduced by more than 15% due to
road rights-of-way and survey variations.
d. The minimum lot size for lots served by public sanitary sewer shall be 24,000 square feet
per residential unit.
e. A minimum of 1.25 acres of land above the flood plain or free of any drainage easements is
required.
f. Lots must be configured to contain a circle with a diameter of 250 feet minimum; the ratio
of lot length to width shall be a maximum of 3:1 -Flag lots are prohibited.
g. Comer properties: The side fa9ade of a comer building adjoining a public street shall
maintain the front setback of the adjacent property fronting upon the same public street, or
the required front yard setback, whichever is less. If no structure exists on the adjacent
property, the setback shall be as shown in the table.
h. Setback standards do not apply to solar farms. 154.915 should be referenced for these
specific standards.
SECTION 5. The City Council of the City of Lake Elmo hereby amends Title XV: Land
Usage; Chapter 154: Zoning Code; Section 154.802 by amending the following:
§ 154.802 PERMITTED, CONDITIONAL, AND INTERIM USES.
Table 18-1 lists all pe1mitted, conditional, and interim uses allowed in the Closed Landfill Restricted
zoning district. "P" indicates a permitted use, "C" a conditional use, and "I" an interim use. Uses not
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so indicated shall be considered prohibited. Cross-references listed in the table under "Standards"
indicate the location within this Ordinance of specific development standards that apply to the listed
use.
CLR Standard
Closed Landfill Management p 154.012 (B) (10)
Solar Fanns C 154.802, 154.803 (A), 154.9 I 5
SECTION 6. The City Council of the City of Lake Elmo hereby amends Title XV: Land
Usage; Chapter 154: Zoning Code; Section 154.802 by adding the following:
§ 154.803 LOT DIMENSIONS AND BUILDING BULK REQUIREMENTS.
CLR
Structure setback requirements (feet)
Front yard 50
-.~
Side yard 50
Rear yard 25
§ 154.804 SITE DESIGN AND DEVELOPMENT ST AND ARDS.
A. Solar Farms. Proposed locations and plans for Solar Faims must be approved by both the
City and Minnesota Pollution Control Agency (MPCA). Required buffer width may be
waived through conditional use permit approval
SECTION 6. Effective Date. This ordinance shall become effective immediately upon
adoption and publication in the official newspaper of the City of Lake Elmo.
SECTION 7. Ado...etion Date. This Ordinance 08-1 98 was adopted on this "lotl-, day of f-e.b.
2018 by a vote of_'S_-Ayes and Q_ Nays.
LAKE ELMO CITY COUNCIL
Mik e Pearfofl,Mayor
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This Ordinance 08-198 was published on the Z I'.,~ y of F-c. k:J \'IA ~ , 2 OJ 8.
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