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Paynesville City Zoning Code

ARTICLE III

- SOLAR ENERGY REGULATIONS

Sec. 36-89. - Authority; purpose.

This article is enacted pursuant to the authority granted by the Municipal Planning Act, M.S.A. § 462.351 et seq. The intent of this article is to ensure public health, safety, and general welfare in accordance with adopted goals, plans and policies of the city; to enhance privacy and the quality of the physical environment of the city; to protect and maintain property values; and to preserve and develop the economic base within the city.

(Ord. No. 36(3rd Series), § 1, 9-12-2022)

Sec. 36-90. - Definitions.

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

Integrated solar energy system means an integral part of a principle or accessory building rather than a separate mechanical device, replacing or substituting for an architectural element or structural component including, but not limited to, photo voltaic or hot water solar energy systems contained in roofing materials, windows, skylights, and awnings.

Solar energy system means an apparatus capable of converting solar energy into electricity or capturing solar energy without transforming it into another form of energy or transferring the heat via a heat exchanger.

Solar farm means a solar array composed of multiple solar panels on ground mounted racks or poles, which is not directly connected to or designed to serve the energy needs of the primary use, but rather for the primary purpose of wholesale sales of generated electricity. Solar farms include, but are not limited to, community solar gardens, which are defined as a solar electric (photovoltaic) array that provides retail electrical 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.A. § 216B.641 or successor statute. A community solar system may be either an accessory or principle use.

(Ord. No. 36(3rd Series), § 1, 9-12-2022)

Sec. 36-91. - Permitted solar energy systems.

Solar energy systems, except solar farms, are allowed in all zoning districts, subject to the following:

(1)

System standards, electrical.

a.

All electrical shall be installed underground.

b.

An exterior disconnect switch shall be installed at the electrical meter serving the property.

c.

The system shall be grounded to protect against natural lightning strikes in conformance with the National Electrical Code.

d.

No solar energy system shall be interconnected with a local electrical utility company until the company has reviewed and commented upon it. The interconnection of the solar energy system with the utility company shall adhere to the National Electrical Code.

(2)

Maximum area.

a.

Ground-mounted solar energy stems. Ground-mounted solar energy systems shall be limited to a maximum area of:

1.

Residential Uses — 240 square feet

2.

Non-Residential Uses — ten percent of lot area.

b.

Roof-mounted solar energy systems. Roof-mounted solar energy systems must:

1.

Use colors that are the same or similar with the color of the roof material of the building.

2.

Comply with the maximum height requirements applicable to the zoning district.

3.

Not extend beyond the roof perimeter or exterior walls of the building on which it its mounted.

(Ord. No. 36(3rd Series), § 1, 9-12-2022)

Sec. 36-92. - Permitted solar energy farms

Solar energy farms may be permitted as a conditional use in "I-1" light industrial district or "I-2" heavy industrial district, under the requirements of this Code section 36-53.

(Ord. No. 36(3rd Series), § 1, 9-12-2022)

Sec. 36-93. - Ground-mounted solar system requirements.

Ground-mounted solar systems must:

(1)

Meet the location and setback requirements for an accessory building under the provisions of this chapter.

(2)

Meet any setback and screening requirements for the zoning district within which the solar energy system is located.

(Ord. No. 36(3rd Series), § 1, 9-12-2022)

Sec. 36-94. - General requirements.

All solar energy systems must:

(1)

Be certified by the Underwriters Laboratories, Inc., and comply with the requirements of the International Building Code.

(2)

Be removed if the system becomes inoperable for 12 successive months or fails to meet the conditions and requirements of this section. The city may order the system to be dismantled and removed under such circumstances. If the owner or person responsible for the solar energy system does not maintain or comply with all requirements of this chapter, the city may take such steps as are necessary to achieve compliance. The costs of such work, including administrative costs, shall be a lien against the property and may be collected as a special assessment. The city may sell salvaged and valuable materials at public auction on ten days' notice.

(3)

Obtain a building permit as may be required by the building code for any solar energy system prior to installation.

(Ord. No. 36(3rd Series), § 1, 9-12-2022)