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HomeMy WebLinkAboutOrdinance 883 ORDINANCE NO. 883 AN ORDINANCE AMENDING CITY CODE TITLE 1100 RENEWABLE ENERGY SYSTEMS The City of Mounds View ordains: SECTION 1. The City Council of the City of Mounds View hereby amends Chapter 1103.04 and 1103.05 of the Mounds View Zoning Code pertaining to General Building Requirements by deleting the stricken language and adding the underlined text as follows: 1103.04: SOLAR ENERGY SYSTEMS AND STRUCTURES: solar energy systems are included but not to the extent that they fulfill only recreational uses. - - - - - _• ; _ • •••-e, _ -- . tern and/or structure is in requirements of subdivision 1125.01(3) of this Title, but in no event shall a conditional use permit be granted for a solar energy system or structure which, when installed, would prevent abutting properties from being developed in conformance with all applicable codes or regulations. Subd. 3. Casting of Shadows: No owner, occupier or person in control of property shall allow vegetation or structures to be placed so as to cast a shadow on a solar energy system which is gr ater than the shadow cast by a hypothetical wall ten feet e - . -e - - - ee.se.s. e - - e ee- . •.•.- e. - - - thirty o'clock (9:30) A.M. and two thirty o'clock (2:30) P. . - • . - -•-. - •-- on December 21; provided, however, this standard shall not apply to vegetation or installation of said solar energy system or to vegetation existing at the time of installation of said solar energy system. nuisance, and any owner or occupant whose solar energy system is shaded because of such violation so that performance of the system is impaired may have Ordinance 883 Page 2 1103.05: WIND GENERATOR SYSTEMS: Subd. 1. Height: The height of a wind generator system shall not exceed thirty feet (30') above the height of the principal structure. •--- • - - ---• • - - --- - -- -••' 0...- - - -- - - - ••• -• -- •I e - all other governing jurisdictions and laws as they exist and are amended. requirements of Chapter 604, Nuisances, of this Code. • --e e. - ' . . -- • - -• : A • Sea - e .• -- . - - - - - . - City. (1988 Code §40.04) SECTION 2. The City Council of the City of Mounds View hereby amends Chapter 1116.04 of the Mounds View Zoning Code pertaining to I-1, Industrial Districts, by deleting the stricken- language and adding the underlined text as follows: 1116.04: CONDITIONAL USES: The following are conditional uses in an I-1 District (requiring a conditional use permit based upon procedures set forth in and regulated by Section 1125.01 of this Title): Subd. 5. __ . --- _ . . ,. _ _--- - _ - - - -'e - - -- - - structures. Wind Energy Conversion Systems as regulated by Chapter 1128 of this Title. SECTION 3. The City Council of the City of Mounds View hereby amends Chapter 1120.03 of the Mounds View Zoning Code pertaining to Planned Unit Developments by deleting the s-trickcn language and adding the underlined text as follows: 1120.03: SPECIAL REQUIREMENTS AND STANDARDS: Subd. 2. Commercial or Industrial Planned Unit Development: f. Wind Energy Conversion Systems are allowed as regulated by Chapter 1128 of this Title. Ordinance 883 Page 3 SECTION 4. The City Council of the City of Mounds View hereby adds Chapter 1128 to of the Mounds View Zoning Code pertaining to Renewable Energy Systems by deleting the stricken language and adding the underlined text as follows: CHAPTER 1128, RENEWABLE ENERGY SYSTEMS 1128.01: PURPOSE: The purpose of this chapter is to promote safe, effective and efficient use of alternative energy sources and systems as the technology becomes available. The intent is also to establish standards and procedures by which the installation and operation of these renewable energy systems shall be governed within the City. 1128.02: DEFINITIONS: When used in this Chapter, the following words and phrases shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning: ACTIVE SOLAR ENERGY SYSTEM: A solar energy system whose primary purpose is to harvest energy by transforming solar energy into another form of energy or transferring heat from a collector to another medium using mechanical, electrical, or chemical means. BUILDING-INTEGRATED SOLAR SYSTEM: An active solar system that is an integral part of a principal or accessory building, rather than a separate mechanical device, 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 systems that are contained within roofing materials, windows, skylights, and awnings. CLOSED LOOP GROUND SOURCE HEAT PUMP SYSTEM: A system that circulates a heat transfer fluid, typically food-grade antifreeze, through pipes or coils buried, beneath the land surface or anchored to the bottom in a body of water. FEEDER LINE: Any power line that carries electrical power from one or more wind turbines or individual transformers associated with an individual wind turbine to the point of interconnection with the electric power grid. In the case of interconnection with the high voltage transmission systems the point of interconnection shall be the substation serving the WECS. Ordinance 883 Page 4 GEOTHERMAL ENERGY: Renewable energy generated from the interior of the earth and used to produce energy for heating buildings or serving building commercial or industrial processes. GROUND MOUNTED PANELS: Freestanding solar panels mounted to the ground by use of stabilizers or similar apparatus. GROUND MOUNTED WECS: Freestanding WECS mounted to the ground with footings or other apparatus. GROUND SOURCE HEAT PUMP SYSTEM (GSHPS): A system that uses the relatively constant temperature of the earth or a body of water to provide heating in the winter and cooling in the summer. System components include closed loops of pipe, coils or plates; a fluid that absorbs and transfers heat; and a heat pump unit that processes heat for use or disperses heat for cooling; and an air distribution system. The energy must be used on-site. HEAT TRANSFER FLUID: A non-toxic and food grade fluid such as potable water, aqueous solutions of propylene glycol not to exceed twenty percent (20%) by weight or aqueous solutions of potassium acetate not to exceed twenty percent (20%) by weight. PHOTOVOLTAIC SYSTEM: An active solar energy system that converts solar energy directly into electricity. RENEWABLE ENERGY SYSTEM: A solar energy or wind energy system. Renewable energy systems do not include passive systems that serve a dual function, such as a greenhouse or window. ROOF OR BUILDING MOUNTED SES: Solar energy system (panels) that are mounted to the roof or building using brackets, stands or other apparatus. ROOF PITCH: The final exterior slope of a building roof calculated by the rise over the run, typically, but not exclusively, expressed in twelfths such as 3/12, 9/12, 12/12. SOLAR ACCESS: A view of the sun, from any point on the collector surface that is not obscured by any vegetation, building, or object located on parcels of land other than the parcel upon which the solar collector is located, between the hours of 9:00 AM and 3:00 PM Standard Time on any day of the year. SOLAR COLLECTOR: A device, structure or a part of a device or structure for which the primary purpose is to transform solar radiant energy into thermal, mechanical, chemical, or electrical energy. Ordinance 883 Page 5 SOLAR COLLECTOR SURFACE: Any part of a solar collector that absorbs solar energy for use in the collector's energy transformation process. Collector surface does not include frames, supports and mounting hardware. 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 EASEMENT: An easement that limits the height or location, or both, of permissible development on the burdened land in terms of a structure or vegetation, or both, for the purpose of providing access for the benefited land to wind or sunlight passing over the burdened land. SOLAR ENERGY SYSTEM (SES): An active solar energy system that collects or stores solar energy and transforms solar energy into another form of energy or transfers heat from a collector to another medium using mechanical, electrical, or chemical means. SOLAR HOT WATER 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 purposes. SOLAR MOUNTING DEVICES: Racking, frames, or other devices that allow the mounting of a solar collector onto a roof surface or the ground. WECS: A Wind Energy Conversion System which is an electrical generating facility comprised of one or more wind turbines and accessory facilities, including but not limited to, power lines, transformers, substations and metrological towers that operate by converting the kinetic energy of wind into electrical energy. The energy must be used on-site with excess energy distributed into the electrical grid. WECS, Large: A Wind Energy Conversion System with a capacity over 100 kW. WECS, Small: A Wind Energy Conversion System with a capacity of up to 100 kW. WIND ENERGY SYSTEM: Kinetic energy present in wind motion that can be converted into electrical energy. Ordinance 883 Page 6 1128.03: SOLAR ENERGY SOURCES AND SYSTEMS Subd. 1. Districts: Solar energy systems (SES) shall be allowed as an accessory use in all zoning districts. Subd. 2. General Standards: a. Height: 1. Roof or building mounted SES in residential districts shall extend no more than three (3) feet above the highest surface of the roof, and shall be setback at least one (1) foot from the exterior perimeter. 2. Roof or building mounted SES in commercial or industrial districts shall not exceed the maximum allowed height in that zoning district. For purposes for height measurement, solar systems other than building- integrated solar systems shall be considered to be mechanical equipment and are restricted consistent with other building-mounted mechanical devices. 3. Ground mounted SES shall not exceed the height of an allowed accessory structure within the zoning district when oriented at maximum tilt. b. Placement: 1. Ground mounted SES shall be treated as accessory buildings for the purpose of maximum height, maximum lot area coverage, location and setback requirements. 2. Ground mounted SES shall be screened from view to the extent possible without reducing their efficiency. Screening may include walls, fences or landscaping. c. Notification. Prior to the installation of a SES, the operator must provide evidence showing their regular electrical service provider has been informed of the customer's intent to install an interconnected, customer-owned SES. Off-grid systems shall be exempt from this requirement. d. Feeder lines. Any lines accompanying a SES, other than those attached to on-site structures by leads, shall be buried within the interior of the subject parcel, unless there are existing lines in the area which the lines accompanying an SES can be attached. Ordinance 883 Page 7 e. Commercial. All SES shall be limited to the purpose of on-site energy production, except that any additional energy produced above the total onsite demand may be sold to the operator's regular electrical service provider in accordance with any agreement provided by the same or applicable legislation. f. Restrictions on SES Limited. No homeowners' agreement, covenant, common interest community, or other contract between multiple property owners within a subdivision of Mounds View shall restrict or limit solar systems to a great extent that Mounds View's renewable energy ordinance. g. Mounds View encourages solar access to be protected in all new subdivisions and allows for existing solar to be protected consistent with Minnesota Statutes. Any solar easements filed, must be consistent with Minnesota Statutes, Chapter 500, Section 30. Subd. 3. Abandonment: A SES that is allowed to remain in a nonfunctional or inoperative state for a period of twelve (12) consecutive months, and which is not brought in operation within the time specified by the City, shall be presumed abandoned and may be declared a public nuisance subject to removal at the expense of the operator. 1128.04: GEOTHERMAL ENERGY SOURCES AND SYSTEMS Subd. 1. Districts: Ground source heat pump systems (GSHPS) shall be allowed as an accessory use in all zoning districts. Subd. 2. General Standards: a. All components of GSHPS including pumps, borings and loops shall be setback at least five (5) feet from all lot lines. b. Easements. All components of GSHPS shall not encroach on easements. c. GSHPS are prohibited in surface waters and wetlands. d. Only closed loop GSHPS utilizing Minnesota Department of Health approved heat transfer fluids are permitted. Ordinance 883 Page 8 Subd. 3. Abandonment: A GSHPS that is allowed to remain in a nonfunctional or inoperative state for a period of twelve (12) consecutive months, and which is not brought in operation within the time specified by the City, shall be presumed abandoned and may be declared a public nuisance subject to removal at the expense of the operator. 1128.05: WIND ENERGY CONVERSION SYSTEMS Subd. 1. Districts: Wind Energy Conversion Systems (WECS) shall be allowed with approval of a conditional use permit in the following zoning districts and land use designations: a. Industrial, I-1, or Commercial or Industrial Planned Unit Development. b. In all properties guided as Institutional in the City's Land Use Designations of the Comprehensive Plan. Subd. 2. Ground Mounted WECS: a. Number: 1. Large WECS. One (1) large WECS shall be permitted on a lot of at least two (2) acres in size. 2. Small WECS. One (1) small WECS shall be allowed on a single lot of one (1) to five (5) acres. All other larger parcels will be limited to one (1) small WECS per five (5) acres of land area. b. Height: 1. Large WECS shall have a total height, including tower and blade to its highest point of travel, of no more than one-hundred twenty five (125) feet. 2. Small WECS shall have a total height, including tower and blade to its highest point of travel, of no more than sixty (60) feet. Ordinance 883 Page 9 c. Setbacks: 1. Have a minimum setback distance from the base of the monopole of one (1) times the height from any property line, transmission line, electric substation, or other WECS. This setback requirement from a property line may be reduced if written permission is granted from the affected property owner. 2. Have a minimum setback distance from the base of the monopole of 500 feet from any residential zoned property. d. Shall not be located between a principal structure and a public street, unless the City determines that such a location would lessen the negative impacts of such a WECS on nearby properties. Subd. 3. Roof Mounted WECS: a. Number: 1. Large Roof Mounted WECS. The maximum number of large roof mounted WECS shall be approved through the conditional use permit process in accordance with Chapter 1125.01 Subd. 3. 2. Small Roof Mounted WECS. No more than three (3) roof mounted small WECS shall be installed on any rooftop. b. Height: 1. Large Roof Mounted WECS: Total height of not more than twenty-five (25) feet, measured from the top of the roof to the blade tip at its highest point of travel. 2. Small Roof Mounted WECS: Total height of not more than twenty-five (25) feet, measured from the top of the roof to the blade tip at its highest point of travel. c. Placement: Roof mounted WECS must be erected above the roof of a building or structure. The mounts associated with the WECS may extend onto the side of the building or structure. Ordinance 883 Page 10 Subd. 4. General Standards. The following provisions will apply to all WECS erected under the provisions of this ordinance: a. Rotor Clearance. Blade arcs created by the WECS shall have a minimum of thirty (30) feet of clearance over any structure or tree within a two hundred (200) foot radius, and maintain at least twenty (20) feet of clearance between their lowest point and the ground. b. Rotor Safety. Each WECS shall be equipped with both a manual and automatic over speed controls to limit the blade rotation within design specifications. c. Color and Finish. All wind turbines and towers shall be white, gray, or other non-obtrusive color. Finishes shall be matte or non-reflective. d. Tower Access. To prevent unauthorized climbing, WECS towers must comply with one of the following provisions: 1. Tower climbing apparatus shall not be located within twelve (12) feet of the ground. 2. A locked anti-climb device shall be installed on the tower. 3. Towers capable of being climbed shall be enclosed by a locked, protective fence at least six (6) feet high. e. Signs. The place of any signs, postings or advertisements shall be prohibited. WECS shall have a sign posted at the base of the tower and said shall contain the following information: Warning high voltage, Manufacturer's name, Emergency phone number, Emergency shutdown procedures. f. Lighting. WECS shall not have no installed or accessory lighting, unless required by federal or state regulations. g. Electromagnetic Interference. WECS shall be designed and constructed so as not to cause radio and television interference. h. Noise Emission. Have a maximum noise production rating of fifty-five (55) dB fifty (50) dBA and shall conform to this standard under normal operating conditions as measured at any property line. Ordinance 883 Page 11 i. Utility Company Interconnection. Prior to the installation or erection of a WECS, the operator must provide evidence showing their regular electrical service provider has been informed of the customer's intent to install an interconnected, customer-owned generator. Off-grid systems shall be exempt from this requirement. All connections shall be underground. j. Compliance with State Building Code. A standard drawing of the structural components of the wind energy conversion system and support structures, including base and footings shall be provided along with engineering date and calculations to demonstrate compliance with the structural design provisions of the State Building Code. Drawings and engineering calculations shall be certified by a registered engineer. k. Compliance with National Electrical Code. WECS electrical equipment and connection shall be designed and installed in adherence to the National Electrical Code. I. Inspection. The City hereby reserves the right upon issuing any WECS conditional use permit to inspect the premises on which the WECS is located. If a WECS is not maintained in operational conditions and poses a potential safety hazard, the owner shall take expeditious action to correct the situation. Subd. 5. Submittal Requirements. a. Site Plan Drawing. All applications for a WECS Conditional Use Permit shall be accompanied by a detailed certified survey/site plan drawn to scale and dimensioned, displaying the following information: 1. Lot lines and dimensions. 2. Location and height of all buildings, structures, aboveground utilities and trees on the lot, including both existing and proposed structures n anchors. d guy wire a chors. 3. Location and height of all adjacent buildings, structures and aboveground utilities and trees located within three hundred fifty (350) feet of the exterior boundaries of the property in question. 4. An elevation drawing of the premises accurately depicting the proposed WECS and its relationship to structures on the subject site and adjacent lots. Ordinance 883 Page 12 5. Existing and proposed setbacks of all structures located on the property in question. b. Additional Submittal Requirements. In addition to the information required elsewhere in this ordinance, development applications for WECS shall include the following supplemental information: 1. A significant tree plan in conformance with Chapter 1127.04, Subd. 1, showing the loss of significant trees within the construction area for the WECS; 2. A letter or copy of the review response from the Federal Aviation Administration concerning the development application and their requirements for warning devices, height restrictions, etc; 3. The technical specifications for the WECS including, but not limited to, the type, height, blade length, operating parameters, the anticipated sound level and the property line, and lighting protection; and 4. Clearance distance between the farthest extensions of the WECS blades to the property lines. Subd. 6. Criteria for Approval. a. Declaration of Conditions. The Planning Commission may recommend and the City Council may impose such conditions on the granting of a WECS conditional use permit as may be necessary to carry out the purpose and provisions of this Subdivision. The Council must consider the following criteria in determining whether to grant or deny a conditional use permit for a Wind Energy Conversion System (WECS): 1. The proposed WECS compliance with the standards described in this subdivision; 2. The potential for the WECS to cause a condition that may pose an unreasonable threat or cause unreasonable damage to any other property or person; and 3. The proposed WECS impact on the environment and on the visual image of the surrounding area. Ordinance 883 Page 13 Subd. 7. Abandonment: A WECS that is allowed to remain in a nonfunctional or inoperative state for a period of twelve (12) consecutive months, and which is not brought in operation within the time specified by the City, shall be presumed abandoned and may be declared a public nuisance subject to removal at the expense of the operator. SECTION 5. In accordance with Section 3.07 of the City Charter, City staff shall have the following summary printed in the official City newspaper in lieu of the complete ordinance: On September 9, 2013, the City Council adopted Ordinance 883 that amends Title 1100, Chapters 1103, 1116, 1120 and 1128 of the Mounds View Municipal Code. These amendments will amend regulations for Renewable Energy Systems such as solar energy, geothermal and wind energy conversion systems. A printed copy of the ordinance is available for inspection during regular business hours at Mounds View City Hall and is available on line at the City's web site located at www.ci.mounds-view.mn.us SECTION 6. This ordinance takes effect 30 days after its publication in the official City newspaper. INTRODUCTION AND FIRST READING by the Mounds View City Council this 26th day of August, 2013. PUBLIC HEARING, SECOND READING AND ADOPTION by the Mounds View City Council this 9th day of September, 2013. PUBLICATION DATE: September 19, 2013 ..A.00 _ e Flahe y, Y ayor ATTEST: \JaAY4 James Ericson, City Administrator (seal)