Wind energy conversion systems shall be permitted in the B-2 community business district, I-1 limited industrial district, I-2 industrial district and PD planned development district.

(Code 1980, § 11.11, subd. 1; Code 1997, § 74-1131)

Any person seeking to install a wind energy conversion system on his property shall obtain a building permit from the development services department.

(Code 1980, § 11.11, subd. 2; Code 1997, § 74-1132)

(a)

No part of any wind energy conversion system may, at any time, extend over any property line. This includes the full arc area created by any rotor (blade/wind collector) used in the system.

(b)

No part of any wind energy conversion system or any equipment used in connection therewith or connected thereto shall be constructed or maintained at any time in or upon any drainage or utility easements.

(c)

No wind energy conversion system shall be constructed within twenty (20) feet laterally of any overhead power line, excluding secondary electrical service lines or service drops. The setback from underground distribution lines shall be at least five (5) feet.

(d)

No wind energy conversion system shall be located within two hundred (200) feet of an R-1 single-family residence district, R-2 one (1) to four (4) family residence district, R-3 multifamily residence district, R-O multifamily residence-office district, R-P residential preservation district, or PD planned development district of a residential nature.

(Code 1980, § 11.11, subd. 3; Code 1997, § 74-1133)

(a)

No supporting tower for a wind energy conversion system shall exceed a height of one hundred (100) feet, measured from the base of the tower or ground level to the highest point of the tower, or the highest extension of the rotor, whichever is greater. There shall be as least thirty-five (35) feet between the lowest arc made by the rotor and the ground.

(b)

A wind energy conversion system's tower shall be self-supporting, such as latticed, tubular steel, or octahedron tower, and the tower and tower foundation shall be designed to resist two (2) times the wind uplift calculated pursuant to the state building code as adopted by the city. Calculations documenting such compliance shall be provided and attested to by the manufacturer and installer.

(c)

A wind energy conversion system utilizing a rotary blade shall not have an arc diameter greater than thirty-three (33) feet.

(d)

All wind energy conversion systems shall be equipped with an automatic overspeed control device as part of their design.

(e)

Wind energy conversion systems and towers shall be adequately grounded and designed to withstand lightning strikes.

(f)

The wind energy conversion system's electrical equipment and connections shall adhere to all applicable state and local government regulations and standards.

(Code 1980, § 11.11, subd. 4; Code 1997, § 74-1134)

(a)

The wind energy conversion system shall be guarded against unauthorized climbing. The first twelve (12) feet of the tower shall be unclimbable by design or shall be enclosed by a six (6) foot-high unclimbable fence with a secured access.

(b)

The wind energy conversion system shall be designed, constructed, and operated so as to not cause radio and television interference.

(c)

The wind energy conversion system shall not exceed noise levels in accordance with state noise emission restrictions.

(d)

Interface of a wind energy conversion system's operation with the consumer's electrical service shall be pursuant to all applicable federal and state regulations. The owner shall notify his local electrical utility company in advance of such application and shall submit an agreement for co-generation if connected to the electrical utility service.

(Code 1980, § 11.11, subd. 5; Code 1997, § 74-1135)

A wind energy conversion system already existing and operating upon the effective date of the ordinance from which this article is derived which does not comply with this article shall be considered a nonconforming use within the provisions of article VIII of this chapter.

(Code 1980, § 11.11, subd. 6; Code 1997, § 74-1136)

This section and following subsections apply to all solar energy installations in the City of Albert Lea. The city has adopted these regulations for the following purposes:

(a)

Comprehensive plan goals. To meet the goals of the comprehensive plan and preserve the health, safety, and welfare of the community by promoting the safe, effective, and efficient use of solar energy systems. The solar energy standards specifically implement the following goals from the comprehensive plan:

(1)

Encourage the use of local renewable energy resources, including appropriate applications for wind and solar energy.

(2)

Promote sustainable building design and management practices to serve current and future generations.

(3)

Assist local businesses to lower financial and regulatory risks and improve their economic, community, and environmental sustainability.

(b)

Climate change goals. The city has committed to reducing carbon and other greenhouse gas emissions. Solar energy is an abundant, renewable, and nonpolluting energy resource and its conversion to electricity or heat reduces dependence on nonrenewable energy resources and decreases the air and water pollution that results from the use of conventional energy sources.

(1)

Infrastructure. Distributed solar photovoltaic systems may enhance the reliability and power quality of the power grid and make more efficient use of the city's electric distribution infrastructure.

(2)

Local resource. Solar energy is an underused local energy resource and encouraging the use of solar energy will diversify the community's energy supply portfolio and reduce exposure to fiscal risks associated with fossil fuels.

(3)

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

(Ord. No. 24-121, § 1, 5-28-2024)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Agrivoltaics means a solar energy system co-located on the same parcel of land as agricultural production, including crop production, grazing, apiaries, or other agricultural products or services.

Beneficial habitat solar energy means a community- or large-scale solar energy system that meets the requirements of the Minnesota Beneficial Habitat Standard consistent with Minn. Stats. § 216B.1642.

Building-integrated solar energy systems means a 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 garden means a solar energy system that provides retail electric power (or 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 Minn. Stats. § 216B.1641 or successor statute. A community solar garden may be either an accessory or a principal use.

Grid-intertie solar energy system means a photovoltaic solar energy system that is connected to an electric circuit served by an electric utility company.

Ground-mounted means a solar energy system mounted on a rack or pole that rests or is attached to the ground. Ground-mounted systems can be either accessory or principal uses.

Large-scale solar energy system means a commercial solar energy system that converts sunlight into electricity for the primary purpose of wholesales of generated electricity. A large-scale solar energy system will have a project size greater than twenty (20) acres and is the principal land use for the parcel(s) on which it is located.

Off-grid solar energy system means 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 means 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 means a solar energy system that converts solar energy directly into electricity.

Renewable energy easement, solar energy easement means 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, as defined in Minn. Stats. 500.30 Subd. 3 or successor statute.

Roof-mounted means a solar energy system on a rack that is fastened to or ballasted on a structure roof. Roof-mounted systems are accessory to the principal use.

Roof pitch means the final exterior slope of a 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 means unobstructed access to direct sunlight on a lot or building through the entire year, including access across adjacent parcel air rights, for the purpose of capturing direct sunlight to operate a solar energy system.

Solar carport means a solar energy system of any size that is installed on a carport structure that is accessory to a parking area and which may include electric vehicle supply equipment or energy storage facilities.

Solar collector means the panel or device in a solar energy system that collects solar radiant energy and transforms it into thermal, mechanical, chemical, or electrical energy. The collector does not include frames, supports, or mounting hardware.

Solar daylighting means capturing and directing the visible light spectrum for use in illuminating interior building spaces in lieu of artificial lighting, usually by adding a device or design element to the building envelope.

Solar energy means radiant energy received from the sun that can be collected in the form of heat or light by a solar collector.

Solar energy system means a device, array of devices, or structural design feature, the purpose of which is to provide for generation or storage of electricity from sunlight, or the collection, storage and distribution of solar energy for space heating or cooling, daylight for interior lighting, or water heating.

Solar hot air system (also referred to as solar air heat or solar furnace) means a 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 includes a solar collector to preheat air or supplement building space heating, typically using a vertically-mounted collector on a south-facing wall.

Solar hot water system means 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 means racking, frames, or other devices that allow the mounting of a solar collector onto a roof surface or the ground.

Solar ready design means the design and construction of a building that facilitates and makes feasible the installation of rooftop solar.

Solar resource means 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 (4) hours between the hours of 9:00 a.m. and 3:00 p.m. standard time on all days of the year, and can be measured in annual watts per square meter.

(Ord. No. 24-121, § 1, 5-28-2024)

Solar energy systems are a permitted accessory use in all zoning districts where structures of any sort are allowed, subject to certain requirements as set forth below. Solar carports and associated electric vehicle charging equipment are a permitted accessory use on surface parking areas in all districts regardless of the existence of another building. Solar carports are still subject to structure coverage limitations within city code.

(a)

Height. Solar energy systems must meet the following height requirements:

(1)

Building- or roof-mounted solar energy systems shall not exceed the maximum allowed height in any zoning district.

(2)

Ground- or pole-mounted solar energy systems shall not exceed fifteen (15) feet in height when oriented at maximum tilt.

(3)

Solar carports in non-residential districts shall not exceed twenty (20) feet in height.

(b)

Setback. Solar energy systems must meet the accessory structure setback for the zoning district and principal land use associated with the lot on which the system is located, except as allowed below:

(1)

Roof- or building-mounted solar energy systems. 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. Exterior piping for solar hot water systems shall be allowed to extend beyond the perimeter of the building on a side-yard exposure. Solar collectors mounted on the sides of buildings and serving as awnings are considered to be building-integrated systems and are regulated as awnings. Awning style solar panels are prohibited in the B-3 and DCD districts.

(2)

Ground-mounted solar energy systems. Ground-mounted solar energy systems may not extend into the side-yard or rear setback when oriented at minimum design tilt, except as otherwise allowed for building mechanical systems.

(c)

Visibility. Solar energy systems in residential districts shall be designed to minimize visual impacts from the public right-of-way, as described below to the extent that doing so does not affect the cost or efficacy of the system. Visibility standards subsection (c)(2) does not apply to systems in non-residential districts, except for in the downtown commercial historic district and the Diversified Central District.

(1)

Building integrated photovoltaic systems. Building integrated photovoltaic solar energy stems shall be allowed regardless of whether the system is visible from the public right-of-way, provided the building component in which the system is integrated meets all required setback, land use, or performance standards for the district in which the building is located.

(2)

Aesthetic restrictions. Roof- or ground-mounted solar energy systems shall not be restricted for aesthetic reasons if the system is reasonably obscured (more than fifty (50) percent minimum) from the closest edge of any public right-of-way other than an alley, or if the systems meets the following standards:

a.

Roof-mounted systems on pitched roofs that are visible from the nearest edge of the front right-of-way shall have the same finished pitch as the roof and be no more than ten (10) inches above the roof.

b.

Roof mounted systems on flat roofs that are visible from the nearest edge of the front right-of-way shall not be more than five (5) feet above the finished roof and are exempt from any rooftop equipment or mechanical system screening.

(3)

Reflectors. All solar energy systems using a reflector to enhance solar production shall minimize glare from the reflector affecting adjacent or nearby properties.

(4)

Ground mounted solar systems shall not be allowed in any shoreland overlay district properties.

(d)

Lot coverage. Accessory ground-mounted systems total collector area shall not exceed half the building footprint of the principal structure.

(1)

Ground-mounted systems shall be allowed up to sixty (60) percent lot coverage standard including existing and future structures if the soil under the collector is maintained in vegetation and not compacted.

(2)

Ground-mounted systems shall not count toward accessory structure limitations.

(3)

Solar carports in non-residential districts are not exempt from lot coverage limitations.

(e)

Historic buildings. Solar energy systems on buildings within designated historic districts or on locally designated historic buildings (exclusive of state or federal historic designation) must receive approval from the Heritage Preservation Commission, consistent with the standards for solar energy systems on historically designated buildings published by the U.S. Department of the Interior. A Certificate of Appropriateness is required from the Heritage Preservation Commission.

(f)

Plan approval required. All solar energy systems requiring a building permit or other permit from the city shall provide a site plan for review.

(1)

Plan applications. Plan applications for solar energy systems shall be accompanied by to-scale horizontal and vertical (elevation) drawings. The drawings must show the location of the system on the building or on the property for a ground-mounted system, including the property lines.

(2)

Plan approvals. Applications that meet the design requirements of this chapter shall be granted administrative approval by the zoning official and shall not require Planning Commission review. Plan approval does not indicate compliance with building code or electric code.

(g)

Approved solar components. Electric solar energy system components must have a UL or equivalent listing and solar hot water systems must have an SRCC rating.

(h)

Compliance with building code. All solar energy systems shall meet approval of local building code officials, consistent with Minnesota State Building Code, and solar thermal systems shall comply with HVAC-related requirements of the Minnesota Energy Code.

(i)

Compliance with electrical code. All photovoltaic systems shall comply with the National Electrical Code.

(j)

Compliance with plumbing code. Solar thermal systems shall comply with applicable Minnesota Plumbing Code requirements.

(k)

Utility notification. All grid-intertie solar energy systems shall comply with the interconnection requirements of the electric utility.

(Ord. No. 24-121, § 1, 5-28-2024)

(a)

Principal uses shall be conditional uses in the I-1, I-2, AG overlay, landfill, and floodplain districts. Principal use shall be prohibited in any shoreline overlay zone. The city encourages the development of commercial or utility scale solar energy systems where such systems present few land use conflicts with current and future development patterns. Locations of principal use solar shall be limited to selected zones as a conditional use permit. Any lot or parcel to be considered must be identified as challenges to development. Criteria shall include:

(1)

No municipal services including stormwater, sanitary lines, and water lines are reasonably available.

(2)

A distance from road infrastructure that would dictate that it is cost prohibited and unreasonable to extend the road system to accommodate the use.

(3)

Soil structure that is poor structure and infrastructure support that would require unconventional foundation and support systems.

(4)

Agricultural used land, industrial districts, floodplain overlay districts, airport safety zones subject to subsection (b)(10) of this section, and in the landfill/brownfield overlay district for sites that have completed remediation.

(b)

Principal use general standards.

(1)

Site design setbacks. Large-scale solar arrays must meet the following setbacks:

a.

Property line setback for buildings or structures in the district in which the system is located, except as other determined in subsection (1)(e) below.

b.

Roadway setback of one hundred fifty (150) feet from the ROW of state highways and CSAHs, one hundred (100) feet for other roads, except as determined in subsection (1)(e).

c.

Housing unit setback of two hundred fifty (250) feet from any existing dwelling unit, except as other determined in subsection (1)(e) below.

d.

Setback distance should be measured from the edge of the solar energy system array, excluding security fencing, screening, or berm.

e.

All setbacks can be reduced by fifty (50) percent if the array is fully screened from the setback point of measurement.

(2)

Screening. Community- and large-scale solar shall be screened from existing residential dwellings.

a.

A screening plan shall be submitted that identified the type and extent of screening.

b.

Screening shall be consistent with the screening ordinance or standards typically applied for other land uses requiring screening.

c.

Screening shall not be required along property lines within the same zoning district, except where the adjoining lot has an existing residential use.

d.

The city may require screening where it determines there is a clear community interest in maintaining a viewshed.

(3)

Ground cover and buffer areas. The following provisions shall be met related to the clearing of existing vegetation and establishment of vegetated ground cover. Additional requirements may apply as required by the city.

a.

Large-scale removal of mature trees on the site is prohibited. The city may set additional restrictions on tree clearing or require mitigation for cleared trees.

b.

The project site design shall include the installation and establishment of ground cover meeting the beneficial habitat standard consistent with Minn. Stats. § 216B.1642, or successor statutes and guidance as set by the Minnesota Board of Water and Soil Resources (BWSR).

c.

The applicant shall submit a planting plan accompanied by a completed "Project Planning Assessment Form" provided by BWSR for review by BWSR or the county SWCD.

d.

Beneficial habitat standards shall be maintained on the site for the duration of operation, until the site is decommissioned. The owner of the solar array shall complete BWSR's "Established Project Assessment Form" at year four and every three (3) years after that, and allow the County SWCD to conduct a site visit to verify compliance.

e.

The city may require submittal of inspection fee at the time of the initial permit application to support ongoing inspection of the beneficial habitat ground cover.

f.

The applicant shall submit a financial guarantee in the form of a letter of credit, cash deposit, or bond in favor of the community equal to one hundred twenty-five (125) percent of the costs to meet the beneficial habitat standard. The financial guarantee shall remain in effect until vegetation is sufficiently established.

(4)

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

(5)

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 underground infeasible, at the discretion of the zoning administer.

(6)

Fencing. Perimeter fencing for the site shall not include barbed wire or woven wire designs, and shall preferably use wildlife-friendly fencing standards that include clearance at the bottom. Alternative fencing can be used if the site is incorporating agrivoltaics.

(7)

Stormwater and NPDES. Solar farms are subject to the city's stormwater management and erosion and sediment control provisions and NPDES permit requirements. Solar collectors shall not be considered impervious surfaces if the project is certified as beneficial habitat solar, as described in subsection (b)(3)b. of this section.

(8)

Other standards and codes. All solar farms shall be in compliance with all applicable local, state and federal regulatory codes, including the Minnesota State Building Code, as amended; and the National Electric Code, as amended.

(9)

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 should show all zoning districts and overlay districts.

(10)

Aviation protection. For solar farms located within five hundred (500) feet of an airport or within approach zones of an airport, the applicant must complete and provide the results of a glare analysis of ocular impact in consultation with the Federal Aviation Administration (FAA) Office of Airports, consistent with the Interim Policy, FAA Review of Solar Energy Projects on Federally Obligated Airports, or most recent version adopted by the FAA.

(11)

Agricultural protection. Solar farms must comply with site assessment or soil identification standards that are intended to identify agricultural soils. The city may require mitigation for use of prime soils for solar array placement, including the following:

a.

Demonstrating co-location of agricultural uses (agrivoltaics) on the project site.

b.

Using an interim use or time-limited CUP that allows the site to be returned to agriculture at the end of life of the solar installation.

c.

Placing agricultural conservation easements on an equivalent number of prime soil acres adjacent to or surrounding the project site.

d.

Locating the project in a Drinking Water Supply Management Area or wellhead protection area.

(12)

Decommissioning. A decommissioning plan shall be required to ensure that facilities are properly removed after their useful life.

a.

Decommissioning of the system must occur in the event the project is not in use for twelve (12) consecutive months.

b.

The plan shall include provisions for removal of all structures and foundations, restoration of soil and vegetation, and assurances that financial resources will be available to fully decommission the site.

c.

Disposal of structures and/or foundations shall meet the provisions of the city's solid waste ordinance.

d.

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

(Ord. No. 24-121, § 1, 5-28-2024)

The city encourages protection of solar access in all new subdivisions.

(a)

Solar easements allowed. The city allows solar easements to be filed, consistent with Minn. Stats. § 500.30. Any property owner can purchase an easement across neighboring properties to protect access to sunlight. The easement can apply to buildings, trees, or other structures that would diminish solar access.

(b)

Easements within subdivision process. The city requires 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 this section.

(Ord. No. 24-121, § 1, 5-28-2024)

(a)

Condition for planned unit development (PUD) approval (accessory use in PD and all districts). The city may require on-site renewable energy systems, zero-net-energy (ZNE) or zero-net-carbon (ZNC) building designs, solar-synchronized electric vehicle charging or other clean energy systems as a condition for approval of a PUD permit to mitigate for:

(1)

Impacts on the performance of the electric distribution system,

(2)

Increased local emissions of greenhouse gases associated with the proposal,

(3)

Need for electric vehicle charging infrastructure to offset transportation-related emissions for trips generated by the new development,

(4)

Other impacts of the proposed development that are inconsistent with the comprehensive plan.

(b)

Condition for conditional use permit. The city may require on-site renewable energy systems or zero-net-energy construction as a condition for a rezoning or a conditional use permit.

(Ord. No. 24-121, § 1, 5-28-2024)