Afton City Zoning Code

SOLAR ENERGY

SYSTEMS

§ 153.165 SCOPE.

This subchapter applies to all solar energy installations in the city.

(Prior Code, § 12-230) (Ord. 03-2015, passed 8-18-2015)

§ 153.166 PURPOSE.

(A) Consistent with the city’s Comprehensive Plan, the intent of this subchapter is to allow reasonable capture and use, by households, businesses and property owners, of their solar energy resource, and encourage the development of renewable energy businesses, consistent with community development standards.

(B) The city has adopted this subchapter for the following purposes:

(1) Comprehensive Plan goals. To meet the goals of the Comprehensive Plan and preserve the health, safety and welfare of the city’s citizens by promoting the safe, effective and efficient use of active solar energy systems installed to reduce the on-site consumption of fossil fuels or utility-supplied electric energy. The following solar energy standards specifically implement the following goals:

(a) Encourage the use of local renewable energy resources, including appropriate applications for wind, solar and biomass energy; and

(b) Promote sustainable building design and management practices in residential, commercial and industrial buildings to serve the needs of current and future generations.

(2) Green house gas reduction (GHG). Solar energy is an abundant, renewable and nonpolluting energy resource and its conversion to electricity or heat shall reduce our dependence on nonrenewable energy resources and decrease the green house gas (GHG) emissions and other air and water pollution that results from the use of conventional energy sources;

(3) Local resource. Solar energy is an under-used local energy resource. Encouraging the use of solar energy shall diversify the community’s energy supply portfolio and limit exposure to fiscal risks associated with fossil fuels; and

(4) Improve competitive markets. Solar energy systems offer additional energy choice to consumers and shall improve competition in the electricity and natural gas supply market.

(Prior Code, § 12-230) (Ord. 03-2015, passed 8-18-2015)

§ 153.167 DEFINITIONS.

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

BUILDING-INTEGRATED SOLAR ENERGY SYSTEMS. An active solar energy 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 energy systems that are contained within roofing materials, windows, skylights and awnings.

COMMUNITY SOLAR. 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, consistent with M.S. § 216B.1641, or successor statute, as it may be amended from time to time. A COMMUNITY SOLAR system may be either an accessory or a principal use.

GRID-INTERTIE SOLAR ENERGY SYSTEM. A photovoltaic solar energy system that is connected to an electric circuit served by an electric utility company.

OFF-GRID SOLAR ENERGY SYSTEM. A photovoltaic solar energy system in which the circuits energized by the solar energy system are not electrically connected in any way to electric circuits that are served by an electric utility company.

PASSIVE SOLAR ENERGY SYSTEM. A solar energy system that captures solar light or heat without transforming it to another form of energy or transferring the energy via a heat exchanger.

PHOTOVOLTAIC SYSTEM. A solar energy system that converts solar energy directly into electricity.

RENEWABLE ENERGY EASEMENT, SOLAR ENERGY EASEMENT. An easement that limits the height or location, or both, of permissible development on burdened land on which the easement is placed 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 land on which the easement is placed, as defined in M.S § 500.30 subdivision 3, or most recent version, as it may be amended from time to time.

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 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. Unobstructed access use of the solar resource (see definition below) on a lot or building, including access across adjacent parcel air rights, for the purpose of capturing direct sunlight to operate a solar energy system.

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.

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 DAYLIGHTING. A device specifically designed to capture and redirect the visible portion of the solar spectrum, while controlling the infrared portion, for use in illuminating interior building spaces in lieu of artificial lighting.

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 DEVICE. A system or series of mechanisms designed primarily to provide heating, cooling, electrical power, mechanical power, solar daylighting or to provide any combination of the foregoing by means of collecting and transferring solar generated energy into uses either by active or passive means. The systems may also have the capability of storing energy for future utilization. Passive solar energy systems are designed as a SOLAR ENERGY DEVICE, such as a trombe wall, and not merely a part of a normal structure such as a window.

SOLAR ENERGY SYSTEM. A device or structural design feature, a substantial purpose of which is to provide for the collection, storage and distribution of sunlight for space heating or cooling, generation of electricity, water heating or providing daylight for interior lighting.

SOLAR FARM. A commercial facility that converts sunlight into electricity, whether by photovoltaics (PV), concentrating solar thermal devices (CST), or other conversion technology, for the primary purpose of wholesale sales of generated electricity. A SOLAR FARM is the principal land use for the parcel on which it is located.

SOLAR HEAT EXCHANGER. A component of a solar energy device that is used to transfer heat from one substance to another, either liquid or gas.

SOLAR HOT AIR SYSTEM. An active solar energy system that includes a solar collector to provide direct supplemental space heating by heating and re-circulating conditioned building air. The most efficient performance typically uses a vertically-mounted collector on a south-facing wall.

SOLAR HOT WATER SYSTEM (also referred to as SOLAR THERMAL). 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 MOUNTING DEVICES. Racking, frames or other devices that allow the mounting of a solar collector onto a roof surface or the ground.

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 a.m. and 3:00 p.m. standard time on any day of the year.

SOLAR STORAGE UNIT. A component of a solar energy device that is used to store solar generated electricity or heat for later use.

(Prior Code, § 12-230) (Ord. 03-2015, passed 8-18-2015)

§ 153.168 GENERAL REQUIREMENTS.

All solar energy systems shall comply with all applicable local, state and federal regulatory codes including all electrical, building and plumbing code requirements.

(A) Permitted accessory use. Active solar energy systems shall be allowed as accessory to the primary land use in all zoning districts in which structures of any sort are allowed and are designed to supply energy for the primary use.

(B) Solar access. The city encourages solar access to be protected in all new subdivisions and allows for existing solar to be protected consistent with state statutes.

(1) Right to solar access.

(a) No structure shall be erected that shall block solar access for existing principal structures or infringe on the solar access of the buildable area of a vacant lot or parcel.

(b) No homeowners’ agreement, covenant, common interest community or other contract between multiple property owners shall forbid installation of solar energy systems or create design standards that effectively preclude solar energy installations.

(2) Easements allowed. The city has elected to allow solar easements to be filed, consistent with M.S. § 500.30, as it may be amended from time to time. Any building owner can purchase an easement across neighboring properties to protect access to sunlight. The easement is purchased from or granted by owners of neighboring properties and can apply to buildings, trees or other structures that would diminish solar access.

(3) Subdivision solar easements. The city may require new subdivisions to identify and create solar easements when solar energy systems are implemented as a condition of a PUD, subdivision, conditional use or other permit, as specified in Section 8.

(D) Required permits. Building permits, electrical permits and/or plumbing permits are required to construct and install solar energy systems in the city, whether residential or commercial and whether ground-, pole-, building- or roof-mounted. Electrical permits are obtained through the state. Building and plumbing permit applications are obtained through the city and shall include:

(1) To-scale horizontal and vertical (elevation) drawings of the solar energy system, including:

(a) For a pitched roof-mounted system, the highest finished slope of the solar collector and the slope of the finished roof surface on which it is mounted.

(b) For a flat roof-mounted system, the distance to the roof edge or parapets on the building, identifying the height of the building on the street frontage side, the shortest distance of the system from the street frontage edge of the building, and the highest finished height of the solar collector above the finished surface of the roof and/or parapet.

(2) Site drawing showing the type and locations of the systems and their placement on the property, including required setbacks and property lines.

(E) Interconnection agreement.

(1) 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.

(2) Solar energy systems connected directly to the distribution or transmission system must obtain an interconnection agreement with the interconnecting electric utility. Off-grid systems are exempt from this requirement.

(Prior Code, § 12-230) (Ord. 03-2015, passed 8-18-2015)

§ 153.169 STANDARDS.

All solar energy systems are subject to the accessory use standards for the district in which it is located, including, but not limited to, setback, height and coverage limits.

(A) Aesthetic. Solar energy systems are subject to the following aesthetic standards.

(1) Installation on residential structures must be designed to blend into the architecture of the building.

(2) Installation on commercial structures 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.

(3) The color of the solar collector is not required to be consistent with other roofing materials.

(4) Active solar energy systems that do not meet the aesthetic standards shall require a conditional use permit.

(B) Size. For residential applications, under no circumstances shall a solar array exceed 40 kW.

(1) Building- or roof-mounted systems. Shall not exceed the maximum height allowed in any zoning district.

(a) Shall be no higher than 24 inches above the roof.

(b) 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, except that solar energy systems shall not be required to be screened.

(2) Ground- or pole-mounted systems. Shall not exceed 20 feet in height when oriented at maximum tilt.

(D) Set-backs. Active solar energy systems must meet the accessory structure setback for the zoning district and primary land use associated with the lot on which the system is located.

(1) Building- or roof-mounted systems.

(a) In addition to the building setback, the collector surface and mounting devices for roof-mounted solar energy systems shall not extend beyond the exterior perimeter of the building on which the system is mounted or built, unless the collector and mounting system has been explicitly engineered to safely extend beyond the edge, and setback standards are not violated.

(b) 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- or pole-mounted systems. Must be set back from the property line the same distance as required for other accessory structures and may not extend into the side- or rear-yard setback when oriented at minimum design tilt.

(E) Impervious coverage. The surface area of pole- or ground-mount systems must comply with the city’s overall impervious coverage requirements. Impervious coverage shall be calculated based on the footprint of the system at minimum tilt.

(1) Building- or roof-mounted systems. Shall allow for adequate roof access to the south-facing or flat roof upon which the panels are mounted.

(2) Ground- or pole-mounted system. The collector surface of any foundation, compacted soil or other component of the solar installation is considered impervious surface.

(3) Stormwater runoff. Vegetated ground under the collector surface shall be used to mitigate stormwater runoff.

(F) Glare. All solar energy systems shall minimize glare to minimize the effect on adjacent or nearby properties. Measures to minimize glare include selective placement of the system, screening on the north and/or sides of the solar array, modifying the orientation of the system, reducing use of the reflector system or other remedies that limit glare. The selection and requirement of such measures shall be at the sole discretion of the city.

(G) Historic buildings. Solar energy systems on buildings within Designated Historic Districts or on locally designated historic buildings (exclusive of state or federal historic designation) shall require an administrative permit and a design review by the Heritage Preservation Commission (HPC).

(Prior Code, § 12-230) (Ord. 03-2015, passed 8-18-2015; Ord. 04-2022, passed 12-20-2022)

§ 153.170 ZONING DISTRICT AND LOT SIZE REQUIREMENTS.

(A) VHS Districts.

(1) For ground-mounted systems, the maximum solar panel square footage allowed is 150 square feet or 1% of the total square footage of the lot, whichever is less.

(2) Roof-mounted systems solar panel square footage is not restricted, however, it may be limited by the size of the roof or the roof structure.

(3) Must meet city historical preservation standards.

(4) Requires an administrative permit and design review by the Heritage Preservation Commission (HPC).

(B) Rural Residential (RR) and Agriculture (Ag) Districts.

(1) On lots up to ten acres:

(a) If not fully screened: A maximum height of 15 feet at maximum vertical tilt and a total panel square footage of 300 square feet, at the required setback; and

(b) If fully screened: A maximum height of 20 feet and a total panel square footage that provides up to 120% of the documented energy usage of the property, subject to being fully screened from public roads and neighboring properties, and subject to statutory and/or public utility power generation restrictions. For residential applications, under no circumstances shall a solar array exceed 40kW.

(2) On lots ten to 20 acres:

(a) If not fully screened:

1. A maximum height of 15 feet at maximum vertical tilt and a total panel square footage of 300 square feet, at the required setback; and

2. A maximum height of 15 feet and a total panel square footage of 500 square feet if setback 200 feet from all property lines, subject to statutory and/or public utility power generation restrictions.

(b) If fully screened: A maximum height of 20 feet and a total panel square footage that provides up to 120% of the documented energy usage of the property, subject to statutory and/or public utility power generation restrictions, at the required setback. For residential applications, under no circumstances shall a solar array exceed 40kW.

(3) On lots 20 acres or greater:

(a) If not fully screened:

1. A maximum height of 20 feet at maximum vertical tilt and a total panel square footage of 300 square feet, at the required setback;

2. A maximum height of 20 feet and a total panel square footage of 500 square feet if setback 200 feet from all property lines, subject to statutory and/or public utility power generation restrictions; and

3. A maximum height of 20 feet and a total panel square footage 750 square feet if setback 250 feet from all property lines, subject to statutory and/or public utility power generation restrictions.

(b) If fully screened: A maximum height of 20 feet and a total panel square footage that provides up to 120% of the documented energy usage of the property if fully screened, subject to statutory and/or public utility power generation restrictions, at the required setback. For residential applications, under no circumstances shall a solar array exceed 40kW.

(1) Rooftop community systems are permitted only in the Industrial Districts.

(2) Ground-mount community solar energy systems are allowed only in the Industrial Districts and are allowed as conditional uses.

(3) Solar farms are only allowed in the Industrial Districts.

(Prior Code, § 12-230) (Ord. 03-2015, passed 8-18-2015; Ord. 04-2022, passed 12-20-2022)

§ 153.171 SOLAR USE STANDARDS.

(A) Community solar energy systems. Roof- or ground-mount solar energy systems, may be either accessory or primary use, designed to supply energy for off-site uses on the distribution grid, consistent with M.S. § 216B.1641 or successor statute, as it may be amended from time to time.

(1) Rooftop community systems are permitted only in the Industrial Districts.

(2) Ground-mount community solar energy systems are allowed only in the Industrial Districts and are allowed as conditional uses.

(3) An interconnection agreement must be completed with the electric utility in whose service territory the system is located.

(4) All structures must comply with setback, height and coverage limitations for the district in which the system is located.

(5) Ground-mount systems must comply with all required standards for structures in the district in which the system is located.

(B) Solar farms.

(1) General provisions.

(a) Solar farms are only allowed in the Industrial Districts.

(b) Solar farms require a conditional use permit.

(c) Solar farms are subject to the city’s stormwater management and erosion and sediment control provisions and National Pollutant Discharge Elimination System (NPDES) permit requirements.

(2) Foundations. A qualified engineer shall certify that the foundation and design of the solar panels racking and support is within accepted professional standards, given local soil and climate conditions.

(3) Power and communication lines. Power and communication lines running between banks of solar panels and to nearby electric substations or interconnections with buildings shall be buried underground. Exemptions may be granted by the city in instances where shallow bedrock, water courses or other elements of the natural landscape interfere with the ability to bury lines, or distance makes undergrounding infeasible, at the discretion of the Zoning Administrator.

(4) Site plan required. A detailed site plan for both existing and proposed conditions must be submitted, showing location of all solar arrays, other structures, property lines, rights-of-way, service roads, floodplains, wetlands and other protected natural resources, topography, electric equipment and all other characteristics requested by the city. The site plan shall also show all zoning districts and overlay districts.

(5) Aviation protection. For solar farms located within 500 feet of an airport or within the A or B safety zones of an airport, the applicant must complete and provide the results of the Solar Glare Hazard Analysis Tool (SGHAT) for the Airport Traffic Control Tower cab and final approach paths, consistent with the Interim Policy, FAA Review of Solar Energy Projects on Federally Obligated Airports, or most recent version adopted by the FAA.

(6) Agricultural protection. Solar farms must comply with site assessment or soil identification standards that are intended to protect agricultural soils.

(7) Proper maintenance. All solar installations shall be maintained according to industry standards and shall be in working order for the duration of its useful life.

(Prior Code, § 12-230) (Ord. 03-2015, passed 8-18-2015) Penalty, see § 153.999

§ 153.172 DISCONTINUATION AND DECOMMISSIONING.

(A) A decommissioning plan shall be required to ensure that facilities are properly removed if they are known to be dysfunctional or are discontinued after their useful life.

(B) Decommissioning of solar panels must occur in the event they are not in use for six consecutive months.

(C) The plan shall include provisions for removal of all structures and foundations, restoration of soil and vegetation and a plan ensuring financial resources shall be available to fully decommission the site.

(D) Disposal of structures and/or foundations shall meet the provisions of the city’s solid waste ordinance.

(E) The city may require the posting of a bond, letter of credit or the establishment of an escrow account to ensure proper decommissioning.

(Prior Code, § 12-230) (Ord. 03-2015, passed 8-18-2015)

§ 153.999 PENALTY.

(A) The violation of any provision of this chapter or the violation of the conditions or provisions of any permit issued pursuant to this chapter shall be a misdemeanor and upon conviction thereof the violator shall be subject to punishment in accordance with § 10.99 of this code. Unless otherwise provided, each act of violation and every day on which the violation occurs or continues constitutes a separate offense.

(Prior Code, § 12-59)

(B) Any owner who fails to implement corrective measures to the satisfaction of the City Council according to § 153.058 of this code within one year of notice shall be subject to a fine of not more than $1,000. The City Council may recover the penalty by a civil action in a court of competent jurisdiction. Costs incurred by the city in the enforcement of this section may be charged to the property owner. Charges not timely paid may be placed on the tax rolls and collected as a special assessment against the property.

(Prior Code, § 12-139)

(D) In addition to penalty provisions in division (D) above, the administrative fines for violations of § 153.115 of this code shall be as established by the City Council in the annual fee schedule.

(E) Section 10.99 of this code shall apply to a violation of § 153.097 of this code.

(Ord. 03-2020, passed 3-17-2020)