St Charles City Zoning Code
ALTERNATIVE ENERGY
SYSTEMS
§ 152.75 ALTERNATIVE ENERGY SYSTEMS.
(A) Scope. This subchapter applies to alternative energy systems in all zoning districts.
(B) Purpose and intent. It is the goal of the City Council to provide a sustainable quality of life for the city’s residents, making careful and effective use of available natural, human and economic resources and ensuring that resources exist to maintain and enhance the quality of life for future residents, while preserving the general characteristics of residential neighborhoods and the community uses at large. In accordance with that goal, the city finds that it is in the public interest to encourage alternative energy systems that have a positive impact on energy production and conservation while not having an adverse impact on the community. Therefore, the purposes of this section include:
(1) To promote rather than restrict development of alternative energy sources by creating a clear regulatory path for approving alternative energy systems while remaining conscientious of rights and privileges of all residents.
(2) To create a livable community where development incorporates sustainable design elements such as resource and energy conservation and use of renewable energy.
(3) To decrease the use of fossil fuels.
(a) To encourage alternative energy development in locations where the technology is viable and environmental, economic and social impacts can be mitigated.
(b) To establish reasonable requirements for performance, safety, design and aesthetics of alternative energy systems.
(C) Definitions. The following words, terms and phrases, when used in this subchapter, shall have the meanings ascribed to them in this section:
ACCESSORY. A system designed as a secondary use to existing buildings or facilities, wherein the power generated is used primarily for on-site consumption.
ALTERNATIVE ENERGY SYSTEM. A ground source heat pump, wind or solar energy system.
BUILDING-INTEGRATED SOLAR ENERGY SYSTEM. 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 including, but not limited to, photovoltaic or hot water solar systems 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.
FLUSH-MOUNTED SOLAR ENERGY SYSTEM. A roof-mounted system mounted directly abutting the roof. The pitch of the solar collector may exceed the pitch of the roof up to 5% but shall not be higher than ten inches above the roof.
GROUND SOURCE HEAT PUMP SYSTEM. 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 open or 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.
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.
HORIZONTAL AXIS WIND TURBINE. A wind turbine design in which the rotor shaft is parallel to the ground and the blades are perpendicular to the ground.
HORIZONTAL GROUND SOURCE HEAT PUMP SYSTEM. A closed loop ground source heat pump system where the loops or coils are installed horizontally in a trench or series of trenches no more than 20 feet below the land surface.
HUB. The center of a wind generator rotor, which holds the blades in place and attaches to the shaft.
HUB HEIGHT. The distance measured from natural grade to the center of the turbine hub.
MONOPOLE TOWER. A tower constructed of tapered tubes that fit together symmetrically and are stacked one section on top of another and bolted to a concrete foundation without support cables.
OPEN LOOP GROUND SOURCE HEAT PUMP SYSTEM. A system that uses ground water as a heat transfer fluid by drawing ground water from a well to a heat pump and then discharging the water over land, directly in a water body or into an injection well.
PASSIVE SOLAR ENERGY SYSTEM. A 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.
RESIDENTIAL WIND TURBINE. A wind turbine of two kilowatt (kW) nameplate generating capacity or less.
SMALL WIND TURBINE. A wind turbine of 100 kW nameplate generating capacity or less.
SOLAR ENERGY SYSTEM. A device or structural design feature, a substantial purpose of which is to provide daylight for interior lighting or provide for the collection, storage and distribution of solar energy for space heating or cooling, electricity generation or water heating.
TOTAL HEIGHT. The highest point above natural grade reached by a rotor tip or any other part of a wind turbine.
TOWER. A vertical structure that supports a wind turbine.
UTILITY WIND TURBINE. A wind turbine of more than 100 kW nameplate generating capacity.
VERTICAL AXIS WIND TURBINE. A type of wind turbine where the main rotor shaft runs vertically.
VERTICAL GROUND SOURCE HEAT PUMP SYSTEM. A closed loop ground source heat pump system where the loops or coils are installed vertically in one or more borings below the land surface.
WIND ENERGY SYSTEM. An electrical generating facility that consists of a wind turbine, feeder line(s), associated controls and may include a tower.
WIND TURBINE. Any piece of electrical generating equipment that converts the kinetic energy of blowing wind into electrical energy through the use of airfoils or similar devices to capture the wind.
(Ord. 547, passed 9-27-2011)
§ 152.76 GROUND SOURCE HEAT PUMP SYSTEMS.
(A) Zoning districts. Ground source heat pump systems in accordance with the standards in this section are allowed as a permitted accessory use in all zoning districts.
(B) Standards.
(1) System requirements.
(a) Only closed loop ground source heat pump systems utilizing heat transfer fluids as defined in § 152.75(C) are permitted. Open loop ground source heat pump systems are not permitted.
(b) Ground source heat pump systems in public waters may be permitted as a conditional use in accordance with § 152.81 subject to approval from the Minnesota Department of Natural Resources in accordance with Minn. Rules § 6115.0211, Subp. 6b and subject to written consent of all property owners and/or approval by an association in accordance with its adopted bylaws.
(2) Setbacks.
(a) All components of ground source heat pump systems including pumps, borings and loops shall be set back at least five feet from interior side lot lines and at least ten feet from rear lot lines.
(b) Above-ground equipment associated with ground source heat pumps shall not be installed in the front yard of any lot or the side yard of a corner lot adjacent to a public right-of-way and shall meet all required setbacks for the applicable zoning district.
(3) Easements. Ground source heat pump systems shall not encroach on public drainage, utility, roadway or trail easements, or any other public easements.
(4) Noise. Ground source heat pump systems shall comply with Minnesota Pollution Control Agency standards outlined in Minn. Rules Chapter 7030, as amended, and city code.
(5) Screening. Ground source heat pumps are considered mechanical equipment and in order to suppress noise and hide from public view materials and designs matching those used for the structure will be incorporated into a plan design. Where miscellaneous exterior equipment cannot be fully hidden with matching building materials, landscaping may be used as additional screening. Screening remains subject to the requirements of the applicable zoning district.
(C) Safety. Ground source heat pumps shall be certified by Underwriters Laboratories, Inc. and meet the requirements of the State Building Code.
(D) Abandonment. If the ground source heat pump system remains nonfunctional or inoperative for a continuous period of one year, the system shall be deemed to be abandoned and shall constitute a public nuisance. The owner shall remove the abandoned system at their expense after a demolition permit has been obtained in accordance with the following:
(1) The heat pump and any external mechanical equipment shall be removed.
(2) Pipes or coils below the land surface shall be filled with grout to displace the heat transfer fluid. The heat transfer fluid shall be captured and disposed of in accordance with applicable state and federal regulations. The top of the pipe, coil or boring shall be uncovered and grouted.
(E) Permits. Those permits as required, and a conditional use permit if required, shall be obtained for any ground source heat pump system prior to installation. Borings for vertical systems are subject to approval from the Minnesota Department of Public Health.
(Ord. 547, passed 9-27-2011) Penalty, see § 10.99
§ 152.77 WIND ENERGY SYSTEMS.
(A) Zoning districts. Residential wind turbines in accordance with the standards in this section are prohibited in the R-1 (Single Family Residential District), R-2 (Multiple Family Residence), C-1 (Downtown Commercial District), C-2 (Service-Commercial), R-3 (Mixed Use Residence), PUD (Planned Unit Development), R-1M (Modular and Mobile Home) unless they are structurally attached to the principal structure (roof) and do not exceed 5 feet in height from the roof peak, which then would be deemed permitted accessory uses. Residential and small wind turbines are a permitted accessory use on lots at least 20 acres in size in the A-1 (Agriculture-Conservation), I-1 (Light Industrial), and I-2 (General Industry). Utility wind turbines are a permitted accessory use on lots at least 40 acres in size in the A-1 (Agriculture- Conservation). Wind energy systems are not permitted in any other zoning districts.
(B) Standards.
(1) Number. No more than one wind energy system is permitted per parcel.
(2) Height. The total height of the tower, including any portion of the rotor or axis extending above the tower, shall not exceed the horizontal distance between the base of the tower and the nearest lot line or building line, except that the horizontal distance may extend beyond the nearest lot line or building line, provided there are no overhead utility lines or easements therefore or if the abutting areas is a public alleyway. Furthermore, the City Council may allow the height requirements to be exceeded upon recommendation of the Planning and Zoning Commission, provided it is satisfied that the proposed structure will withstand the windloads in the area. As evidence of this, the City Council shall require the following information:
(a) Dimensional representation of the various structural components of the tower construction, including the base and footings.
(b) Design data which shall indicate basis of design, including manufacturer’s dimensional drawings and installation and operation instructions.
(c) Certification by an independent registered professional engineer or other qualified professional that the structure is sufficient to withstand windload requirements for structures as established by the applicable building construction codes.
(3) Blade length. For residential wind turbines, other than roof-mounted wind turbines, a maximum blade length of 15 feet is permitted.
(4) Roof mounting. Roof-mounted wind turbines are not permitted, except those that do not exceed 5 feet in height or length.
(5) Setbacks.
(a) For residential wind turbines, the base of the wind turbine tower shall be set back from all property lines a distance equal to the hub height. Wind energy systems shall not be installed in the front yard of any lot or in the side yard of a comer lot adjacent to a public right-of-way.
(b) For small wind turbines, the base of the wind turbine tower shall be set back from all property lines a distance equal to the hub height. In addition, the base of the wind turbine tower shall be set back from the nearest public right-of-way, above ground power line, drainage or utility easement, recreational field, dwelling, school, business or other habitable structure, 300 feet or 1.5 times the total height, whichever is greater.
(c) For utility wind turbines, the base of the wind turbine tower shall be set back from all property lines a distance equal to the hub height. In addition, the base of the wind turbine tower shall be set back from the nearest public right-of-way, above ground power line, drainage or utility easement, recreational field, dwelling, school, business or other habitable structure, 600 feet or 3.0 times the total height, whichever is greater.
(6) Easements. Wind energy systems shall not encroach on public drainage and utility easements, utility roadway or trail easements, or any other public easements.
(7) Noise. Wind energy systems shall comply with Minnesota Pollution Control Agency standards outlined in Minn. Rules Chapter 7030, as amended, and city code at all property lines.
(9) Aesthetics. All portions of the wind energy system shall be a nonreflective, non-obtrusive color, subject to the approval of the Community Development Director. Only monopole towers are permitted. The appearance of the turbine, tower and any other related components shall be maintained throughout the life of the wind energy system pursuant to industry standards. Systems shall not be used for displaying any advertising. Systems shall not be illuminated.
(10) Feeder lines. The electrical collection system shall be placed underground within the interior of each parcel. The collection system may be placed overhead near substations or points of interconnection to the electric grid.
(11) Vibration. No wind energy system shall produce vibrations through the ground that are humanly perceptible beyond the property on which it is located.
(C) Safety.
(1) Standards and certification.
(a) Standards. Wind energy systems shall meet minimum standards such as International Electrotechnical Commission (IEC) 61400-2 or the American Wind Energy Association’s (AWEA) Small Wind Turbine Performance and Safety Standard or other standards as determined by the city’s electrical engineer.
(b) Certification. Wind energy systems shall be certified by Underwriters Laboratories, Inc. and the National Renewable Energy Laboratory, the Small Wind Certification Council or other body as determined by the Community Development Director for conformance to applicable standards. The city reserves the right to deny a building permit for proposed wind energy systems deemed to have inadequate certification or testing for operation in a severe winter climate.
(c) Maintenance. Wind energy systems shall be maintained under an agreement or contract by the manufacturer or other qualified entity.
(d) Utility connection. All grid connected systems shall have a completed written agreement with the local utility prior to the issuance of a building permit. A visible manual external disconnect must be provided, which complies with applicable electric codes.
(e) Abandonment. If the wind energy system remains nonfunctional or inoperative for a continuous period of one year, the system shall be deemed to be abandoned and shall constitute a public nuisance. The owner shall remove the abandoned system at their expense after a demolition permit has been obtained. Removal includes the entire structure including foundations to below natural grade and transmission equipment.
(f) Permits. Those permits as required, and a conditional use permit if required, shall be obtained for any wind energy system prior to installation.
(g) Liability insurance. No building permit shall be issued for the construction of a wind energy system until and unless the applicant for the building permit deposits with the Zoning Administrator a policy of liability insurance indemnifying the applicant from liability for personal injury or property damage arising from the operation, malfunction, or collapse of the wind energy system in the sum of at least $1,000,000. The insurance policy so deposited shall contain a clause obligating the company issuing the same to give at least 10 days’ written notice to the city before the cancellation thereof, the conditional use permit to be automatically revoked upon the lapse or termination of said insurance policy.
(Ord. 547, passed 9-27-2011) Penalty, see § 10.99
§ 152.78 SOLAR ENERGY SYSTEMS.
(A) Zoning districts. Solar energy systems, in accordance with the standards in this section, are allowed as a conditional use in all zoning districts, except that in residential and commercial districts when the structure is roof mounted, it is a permitted accessory use.
(B) Standards.
(1) Exemption. Passive or building-integrated solar energy systems are exempt from the requirements of this section and shall be regulated as any other building element.
(2) Height. Roof-mounted solar energy systems shall comply with the maximum height requirements in the applicable zoning district. Ground-mounted solar energy systems shall not exceed 15 feet in height.
(3) Location. In residential zoning districts (R-1, R-1M, R-2, R-3, PUD) as well as C-1 and C-2 Districts, ground-mounted solar energy systems are permitted, but may only be located in the back yard. In the A-1, I-1, and I-2 zoning districts, ground-mounted solar energy systems may be permitted in the front yard of any lot or the side yards on corner lots, but shall not encroach in the minimum 20-foot landscaped area adjacent to public rights-of-way.
(4) Setbacks. Ground-mounted solar energy systems including any appurtenant equipment shall be set back a minimum of 15 feet from all property lines and a minimum of 30 feet from all dwellings located on adjacent lots. Roof-mounted 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.
(5) Roof mounting. Roof-mounted solar collectors shall be flush mounted on pitched roofs and shall not exceed 10 feet above the highest portion of the building. Solar collectors may be bracket mounted on flat roofs at no more than 3 feet above the surface of the roof. The collector surface and mounting devices for roof-mounted solar energy systems that are parallel to the roof surface shall not extend beyond the exterior perimeter of the building on which the system is mounted or built.
(6) Easements. Solar energy systems shall not encroach on public drainage, utility roadway or trail easements, or any other public easements.
(7) Screening. Solar energy systems shall be screened from view to the extent possible without reducing their efficiency. Screening may include walls, fences or landscaping.
(8) Maximum area. In the I-1, I-2, and A-1 Districts, ground-mounted solar energy systems shall be limited to a maximum area consistent with the accessory structure limitations or no more than 25% of the rear yard, whichever is less.
(9) Aesthetics. All solar energy systems shall use colors that blend with the color of the roof or other structure. Reflection angles from collector surfaces shall be oriented away from neighboring windows. Where necessary, screening may be required to address glare. All solar energy systems shall minimize glare towards vehicular traffic and adjacent properties.
(10) Feeder lines. The electrical collection system shall be placed underground within the interior of each parcel. The collection system may be placed overhead near substations or points of interconnection to the electric grid.
(C) Safety.
(1) Standards and certification.
(a) Standards. Solar energy systems shall meet the minimum standards outlined by the International Electroteclinical Commission (IEC), the American Society of Heating, Refrigerating, and Air-conditioning Engineers (ASHRAE), ASTM International, British Standards Institution (BSI), International Electroteclinical Commission (IEC), International Organization for Standardization (ISO), Underwriter’s Laboratory (UL), the Solar Rating and Certification Corporation (SRCC) or other standards as determined by the Community Development Director.
(b) Certification. Solar energy systems shall be certified by Underwriters Laboratories, Inc. and the National Renewable Energy Laboratory, the Solar Rating and Certification Corporation or other body as determined by the Community Development Director for conformance to applicable standards. The city reserves the right to deny a building permit for proposed solar energy systems deemed to have inadequate certification.
(2) Utility connection. All grid-connected systems shall have a completed written agreement with the local utility prior to the issuance of a building permit. A visible external disconnect must be provided if required by the utility.
(D) Abandonment. If the solar energy system remains nonfunctional or inoperative for a continuous period of 1 year, the system shall be deemed to be abandoned and shall constitute a public nuisance. The owner shall remove the abandoned system at their expense after a demolition permit has been obtained. Removal includes the entire structure including transmission equipment.
(E) Permits. Those permits as required, and a conditional use permit if required, shall be obtained for any solar energy system prior to installation.
(Ord. 547, passed 9-27-2011) Penalty, see § 10.99
§ 152.79 PROHIBITED CHARACTERISTICS OF ALTERNATIVE ENERGY SYSTEMS.
(A) No alternative energy system shall be constructed within 20 feet laterally of any overhead power line (excluding secondary electrical service lines or service drops). Setbacks from underground distribution lines shall be at least 10 feet.
(B) An alternative energy system utilizing a rotary blade shall not have an arc diameter greater than 33 feet.
(C) An alternative energy system shall not cause radio and television interference.
(D) For wind speeds in the range of 0-25 mph, wind turbines shall not cause a sound pressure level in excess of 60 dB(A), or in excess of 5 dB(A) above the background noise, whichever is greater, as measured at the closest neighboring inhabited dwelling. This level, however, may be exceeded during short-term severe windstorm events.
(E) No alternative energy system shall violate MPCA noise standards, air quality standards, or otherwise result in a nuisance source of noise.
(F) No alternative energy system shall resemble, imitate or approximate the shape, size, form or color of railroad or traffic signs, signals or devices.
(G) No alternative energy system shall be located as to interfere with the visibility or effectiveness of any official traffic sign or signal, or with driver vision at any access point or intersection.
(H) No alternative energy system shall display any advertisement, nor shall it be used for any purpose other than for alternative energy.
(I) No alternative energy system shall be erected which contains, includes or is illuminated by any flashing light or lights, except as required by law.
(J) No alternative energy system shall be erected or maintained which is not effectively shielded so as to prevent beams or rays of light from being directed at any portion of the traveled way of any highway or street of such intensity or brilliance so as to cause glare or impair the vision of the operator of any motor vehicle. Further, all systems shall be constructed as to prevent beams or rays of light from being directed at any portion of a building or residence.
(Ord. 547, passed 9-27-2011) Penalty, see § 10.99
§ 152.80 PERMITS FOR ALTERNATIVE ENERGY SYSTEMS.
(A) Compliance with law. All alternative energy systems shall be constructed in accordance with all applicable building and electrical codes and comply with all applicable federal, state and local laws and regulations.
(B) Required alternative energy system permit. Except as otherwise specifically authorized, no alternative energy system shall be located, constructed, erected, moved, reconstructed, extended, enlarged or structurally altered within the city until a permit for the system (“system permit”) has been issued by the city. No system permit shall be issued for a system not in conformity with the regulations applicable to such system. An application for a system permit shall be accompanied by the fee as specified in the city Fee Schedule. No application will be considered unless and until the required fee has been paid by the applicant to the City Clerk. The alternative energy system permit will include:
(1) Recorded property easements.
(2) A description of the project including: number, type, height, diameter of all alternative energy systems.
(3) Site layout, including location of property lines, roads, ground source heat pump, wind turbine, or solar panel, electrical wires, interconnection points with the electrical grid, and all related accessory structures.
(4) Engineer’s certification.
(5) Interconnection Agreement.
(C) Duration. Any system permit issued by the city under this chapter shall be valid for a period of 12 months from the date of issuance. If the construction of the system is not completed within 12 months from the date of its issuance, the system permit shall be void, and the site for which the permit was sought shall be returned to the condition it was in prior to the issuance of such system permit.
(D) Zoning Certificate. In addition to the system permit required by this chapter, a zoning certificate must be obtained from the city prior to the construction of any system. An application for a zoning certificate shall be accompanied by the fee as specified in the city Fee Schedule.
(E) Building permit. In addition to the system permit and zoning certificate required by this subchapter, a building permit must be obtained from the city prior to the construction of any system when construction activity is of such a nature that a building permit is required.
(F) Application requirements. Building permit applications for any alternative energy systems shall be accompanied by standard drawings depicting the specifications and location of the alternative energy system and any other documentation as required by the city. An application for a building permit shall be accompanied by the fee as specified in the city Fee Schedule.
(Ord. 547, passed 9-27-2011) Penalty, see § 10.99
§ 152.81 CONDITIONAL USE PERMIT.
(A) That the deviation is required to allow for the improved operation of the alternative energy system;
(B) That the alternative energy system has a net energy gain;
(C) That the alternative energy system does not adversely affect solar access to adjacent properties;
(D) That the alternative energy system complies with all other engineering, building, safety and fire regulations; and
(E) That the alternative energy system is found to not have any adverse impacts on the area, including the health, safety and general welfare of occupants of neighboring properties and users of public rights-of-way.
(Ord. 547, passed 9-27-2011)
§ 152.82 INTERPRETATION.
In interpreting this division and its application, the provisions of these regulations shall be held to be the minimum requirements for the protection of public health, safety and general welfare. This division shall be construed broadly to promote the purposes for which it was adopted.
(Ord. 547, passed 9-27-2011)
§ 152.83 CONFLICT.
This division is not intended to interfere with, abrogate or annul any other ordinance, rule or regulation, statute or other provision of law except as provided herein. If any provision of this subchapter imposes restrictions different from any other ordinance, rule or regulation, statute or provision of law, the provision that is more restrictive or imposes higher standards shall control.
(Ord. 547, passed 9-27-2011)