Mounds View City Zoning Code

RENEWABLE ENERGY

SYSTEMS

§ 160.435 PURPOSE.

The purpose of this subchapter 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.

(Prior Code, § 1128.01)

§ 160.436 DEFINITIONS.

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

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. Free-standing solar panels mounted to the ground by use of stabilizers or similar apparatus.

GROUND MOUNTED WECS. Free-standing 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 20% by weight or aqueous solutions of potassium acetate not to exceed 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 three-twelfths, nine-twelfths, twelve-twelfths.

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 a.m. and 3:00 p.m. 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.

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 benefitted 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.

(Prior Code, § 1128.02)

§ 160.437 SOLAR ENERGY SOURCES AND SYSTEMS.

(A) Districts. Solar energy systems (SES) shall be allowed as an accessory use in all zoning districts.

(B) General standards.

(1) Height.

(a) Roof- or building-mounted SES in residential districts shall extend no more than three feet above the highest surface of the roof, and shall be setback at least one foot from the exterior perimeter.

(b) 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.

(c) Ground-mounted SES shall not exceed the height of an allowed accessory structure within the zoning district when oriented at maximum tilt.

(2) Placement.

(a) Ground-mounted SES shall be treated as accessory buildings for the purpose of maximum height, maximum lot area coverage, location and setback requirements.

(b) Ground-mounted SES shall be screened from view to the extent possible without reducing their efficiency. Screening may include walls, fences or landscaping.

(3) 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.

(4) 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.

(5) 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.

(6) Restrictions on SES limited. No homeowners’ agreement, covenant, common interest community or other contract between multiple property owners within a subdivision of the city shall restrict or limit solar systems to a great extent that city’s renewable energy ordinance.

(7) Protection. The city encourages solar access to be protected in all new subdivisions and allows for existing solar to be protected consistent with state statutes. Any solar easements filed, must be consistent with M.S. Ch. 500, § 30, as it may be amended from time to time.

(C) Abandonment. A SES that is allowed to remain in a non-functional or inoperative state for a period of 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.

(Prior Code, § 1128.03)

§ 160.438 GEOTHERMAL ENERGY SOURCES AND SYSTEMS.

(A) Districts. Ground source heat pump systems (GSHPS) shall be allowed as an accessory use in all zoning districts.

(B) General standards.

(1) All components of GSHPS including pumps, borings and loops shall be set back at least five feet from all lot lines.

(2) Easements. All components of GSHPS shall not encroach on easements.

(3) GSHPS are prohibited in surface waters and wetlands.

(4) Only closed loop GSHPS utilizing State Department of Health approved heat transfer fluids are permitted.

(C) Abandonment. A GSHPS that is allowed to remain in a non-functional or inoperative state for a period of 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.

(Prior Code, § 1128.04)

§ 160.439 WIND ENERGY CONVERSION SYSTEMS.

(A) 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:

(1) Industrial, I-1, or Commercial or Industrial Planned Unit Development; and

(2) In all properties guided as “institutional” in the city’s land use designations of the Comprehensive Plan.

(B) Ground-mounted WECS.

(1) Number.

(a) Large WECS. One large WECS shall be permitted on a lot of at least two acres in size.

(b) Small WECS. One small WECS shall be allowed on a single lot of one to five acres. All other larger parcels will be limited to one small WECS per five acres of land area.

(2) Height.

(a) Large WECS shall have a total height, including tower and blade to its highest point of travel, of no more than 125 feet.

(b) Small WECS shall have a total height, including tower and blade to its highest point of travel, of no more than 60 feet.

(3) Setbacks.

(a) Have a minimum setback distance from the base of the monopole of one 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; and

(b) Have a minimum setback distance from the base of the monopole of 500 feet from any residential zoned property.

(4) Negative impacts. 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.

(1) Number.

(a) Large roof-mounted WECS. The maximum number of large roof-mounted WECS shall be approved through the conditional use permit process in accordance with § 160.452 of this chapter.

(b) Small roof-mounted WECS. No more than three roof-mounted small WECS shall be installed on any rooftop.

(2) Height.

(a) Large roof-mounted WECS. Total height of not more than 25 feet, measured from the top of the roof to the blade tip at its highest point of travel.

(b) Small roof-mounted WECS. Total height of not more than 25 feet, measured from the top of the roof to the blade tip at its highest point of travel.

(3) 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.

(D) General standards. The following provisions will apply to all WECS erected under the provisions of this chapter.

(1) 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, and maintain at least 20 feet of clearance between their lowest point and the ground.

(2) Rotor safety. Each WECS shall be equipped with both a manual and automatic over speed controls to limit the blade rotation within design specifications.

(3) Color and finish. All wind turbines and towers shall be white, gray or other non-obtrusive color. Finishes shall be matte or non-reflective.

(4) 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; and

(5) 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 the shall contain the following information: warning high voltage; manufacturer’s name; emergency phone number; emergency shutdown procedures.

(6) Lighting. WECS shall not have no installed or accessory lighting, unless required by federal or state regulations.

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

(8) Noise emission. Have a maximum noise production rating of 55 dB (50 dBA) and shall conform to this standard under normal operating conditions as measured at any property line.

(9) 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.

(10) 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.

(11) Compliance with National Electrical Code. WECS electrical equipment and connection shall be designed and installed in adherence to the National Electrical Code.

(12) 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.

(E) Submittal requirements.

(1) 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:

(a) Lot lines and dimensions;

(b) Location and height of all buildings, structures, aboveground utilities and trees on the lot, including both existing and proposed structures and guy wire anchors;

(c) Location and height of all adjacent buildings, structures and aboveground utilities and trees located within 350 feet of the exterior boundaries of the property in question;

(d) An elevation drawing of the premises accurately depicting the proposed WECS and its relationship to structures on the subject site and adjacent lots; and

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

(2) Additional submittal requirements. In addition to the information required elsewhere in this ordinance, development applications for WECS shall include the following supplemental information:

(a) A significant tree plan in conformance with § 160.418(A) of this chapter, showing the loss of significant trees within the construction area for the WECS;

(b) 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 and the like;

(c) 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

(d) Clearance distance between the farthest extensions of the WECS blades to the property lines.

(F) Criteria for approval. 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 division (F). 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.

(G) Abandonment. A WECS that is allowed to remain in a non-functional or inoperative state for a period of 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.

(Prior Code, § 1128.05) (Ord. 883, passed 09-09-2013)