(a)

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

Building-integrated solar energy system means a solar energy system that is directly incorporated into the building by replacing typical building materials.

Ground-mounted solar energy system means a solar energy system that is installed onto the ground directly or by means of brackets or poles.

Roof-mounted solar energy system means a solar energy system mounted to a house or other building.

Solar energy system means a set of devices whose primary purpose is to provide for the collection, storage and distribution of solar energy for space heating or cooling, electricity generation or water heating.

Solar thermal 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 of the building.

(b)

Permitted accessory use. Solar energy systems are allowable as an accessory use in all zoning districts, subject to the following requirements:

(1)

Standards.

a.

Height. Roof-mounted solar energy systems shall not project beyond the peak of the roof and shall not be more than three feet above the roof surface to which they are attached. Ground-mounted solar energy systems shall not exceed 15 feet in height.

b.

Location. Ground-mounted solar energy systems must be located in the rear yard only.

c.

Setbacks. Ground mounted solar energy systems shall be meet minimum building setback from all property lines as defined for that property's zoning classification, a minimum of ten feet from all buildings located on adjacent lots, and a minimum of ten feet from all utility easements. Roof-mounted solar energy 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.

d.

Coverage. Roof-mounted solar energy systems shall not cover more than 80 percent of the total area of the roof. Solar energy systems must have three feet of clearance around all roof plane edges and 18 inches along all ridge lines, provided no less than a total of three feet of width on both sides of the ridge is available to facilitate emergency responder access.

e.

Feeder lines. All power exterior electrical or other service lines must be buried below the surface of the ground.

f.

Exemption. Building integrated solar energy systems are exempt from the requirements of this section and shall be regulated as any other building element.

g.

Color. Solar thermal piping shall match roof or solar collector color.

h.

Shoreland district. For lots subject to the shoreland district, requirements for solar energy systems are as follows:

1.

Solar energy systems are not allowed within the required shoreland setback if not on a building;

2.

One panel on boat lifts no greater than two square feet in size shall be a permitted use.

(2)

Safety.

a.

Compliance with building code. All solar energy systems shall comply with the state building code and any local building code requirements.

b.

Compliance with electrical code. All solar energy systems shall comply with the city's adopted electrical code.

c.

Compliance with plumbing code. All solar thermal systems shall comply with the state plumbing code.

d.

Certifications. Solar energy system components shall be certified by Underwriters Laboratories, Inc. and the Solar Rating and Certification Corporation. The city reserves the right to deny a building permit for proposed solar energy systems deemed to have inadequate certification.

(3)

Approval.

a.

Permits. The erection, alteration, improvement, reconstruction, and movement of a solar energy system requires a building permit from the city.

b.

Utility notification. The owner of a solar energy system that will physically connect to a house or other building's electrical system or the electric utility grid must enter into a signed interconnection agreement with the utility prior to the issuance of a building permit.

(4)

Abandonment. If the solar energy system remains nonfunctional or inoperative for more than 12 consecutive months, the system shall constitute a public nuisance. The owner shall obtain a demolition permit and remove the abandoned system at their expense. Removal includes the entire structure, including collector, mount, and transmission equipment.

(Ord. of 9-16-2019, § 1(11.36); Ord. No. 2020-3, 12-21-2020)

(a)

Purpose. The purpose of this section is to establish standards and procedures by which the installation and operation of WECS shall be governed within the city.

(b)

Application. Wind energy conversion systems may be allowed as a conditional use within any zoning district of the city, subject to the regulations and requirements of this section, provided the property upon which the system is to be located is zoned agricultural, commercial or industrial or is constructed and maintained on any parcel of land of at least 2.5 acres in size, and the WECS shall be no less than 1,000 feet from any residential use.

(c)

Declaration of conditions. The planning commission may recommend and the council may impose such conditions on the granting of WECS conditional use permit as may be necessary to carry out the purpose and provisions of this section.

(d)

Site plan drawing. All applications for WECS conditional use permit shall be accompanied by a detailed 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 and guy wire anchors.

(3)

Locations and height of all adjacent buildings, structures, aboveground utilities and trees located within 350 feet of the exterior boundaries of the property in question.

(4)

Existing and proposed setbacks of all structures located on the property in question.

(5)

Sketch elevation of the premises accurately depicting the proposed WECS and its relationship to structures on adjacent lots.

(e)

Compliance with state building code. Standard drawings of the structural components of the wind energy conversion system and support structures, including base and footings shall be provided along with engineering data 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.

(f)

Compliance with electrical code. WECS electrical equipment and connections shall be designed and installed in adherence to the city's adopted electrical code.

(g)

Manufacturer warranty. Applicant shall provide documentation or other evidence from the dealer or manufacturer that the WECS has been successfully operated in atmospheric conditions similar to the conditions within the city. The WECS shall be warranted against any system failures reasonably expected in severe weather operation conditions.

(h)

Design standards.

(1)

Height. The permitted maximum height of a WECS shall be determined in one of two ways. In determining the height of the WECS, the total height of the system shall be included. System height shall be measured from the base of the tower to the highest possible extension of the rotor.

a.

A ratio of one foot to one foot between the distance of the closest property line to the base of the WECS to the height of the system.

b.

A maximum system height of 175 feet.

c.

The shortest height of the two mentioned methods in subsections (h)(1)a and b of this section shall be used in determining the maximum allowable height of a WECS system. The height of a WECS must also comply with 14 CFR 77 (Safe, Efficient Use, and Preservation of the Navigable Airspace) or Minn. R. 8800.1200 (criteria for determining obstruction to air navigation).

(2)

Setbacks. No part of a WECS (including guy wire anchors) shall be located within or above any required front, side or rear yard setback. WECS towers shall be setback from the closest property line one foot for every one foot of system height. WECS shall not be located within 30 feet of an above ground utility line.

(3)

Rotor size. All WECS rotors shall not have rotor diameters greater than 26 feet.

(4)

Rotor clearance. Blade-arcs created by the WECS shall have a minimum of 30 feet of clearance over any structure or tree within a 200-foot radius.

(5)

Rotor safety. Each WECS shall be equipped with both a manual and automatic braking device capable of stopping the WECS operation in high winds (40 miles per hour or greater).

(6)

Lightning protection. Each WECS shall be grounded to protect against natural lightning strikes in conformance with the city's adopted electrical code.

(7)

Tower access. To prevent unauthorized climbing, WECS towers must comply with one of the following provisions:

a.

Tower climbing apparatus shall not be located within 12 feet of the ground.

b.

A locked anti-climb device shall be installed on the tower.

c.

Tower capable of being climbed shall be enclosed by a locked, protective fence at least six feet high.

(8)

Signs. WECS shall have one sign, not to exceed two square feet posted at the base of the tower and the sign shall contain the following information:

a.

Warning high voltage.

b.

Manufacturer's name.

c.

Emergency telephone number.

d.

Emergency shutdown procedures.

(9)

Lighting. WECS shall not have affixed or attached any lights, reflectors, flashers or any other illumination, except for illumination devices required by 14 CFR 77 (Safe, Efficient Use, and Preservation of the Navigable Airspace) and FAA Advisory Circular AAC 70/7460-1M, November 16, 2020 (Obstruction Marking and Lighting).

(10)

Electromagnetic interference. WECS shall be designed and constructed so as not to cause radio and television interference.

(11)

Noise emissions. Noises emanating from the operation of WECS shall be in compliance with and regulated by Minn. R. ch. 7030 (Noise Pollution Control.)

(12)

Utility company interconnection. No WECS shall be interconnected with a local electrical utility company until the utility company has reviewed and commented upon it. The interconnection of the WECS with the utility company shall adhere to the city's adopted electrical code.

(i)

Ornamental wind devices. Ornamental wind devices that are not a WECS shall be exempt from the provisions of this section and shall conform to other applicable provisions of this chapter.

(j)

Inspection. The city 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 condition and poses a potential safety hazard, the owner shall take expeditious action to correct the situation.

(k)

Abandonment. Any WECS or tower which is not used for six successive months shall be deemed abandoned and shall be dismantled and removed from the property at the expense of the property owner.

(Code 1985, § 11.31)