HomeMy WebLinkAbout9.f. Zoning Ordinance Text Amendment for Alternative Energy Systems, Case 13-27-TA4ROSEMOUNTEXECUTIVE SUMMARY
PLANNING COMMISSION
City Council Meeting Date: September 3, 2013
AGENDA ITEM: Case 13 -27 -TA
Zoning Ordinance Text Amendment for
AGENDA SECTION:
Alternative Energy Systems
New Business
PREPARED BY: Jason Lindahl, AICP
AGE DA.NO.
Planner
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ATTACHMENTS: Excerpt PC Minutes from 6 -25 -13 & 7 -23-
APPROVED BY:
13, Ordinance Amendment, Resolution,
Pictures of Existing Solar Collector
System In Rosemount, Zoning Map with
MUSA
OAJ
RECOMMENDED ACTION: Staff recommends the City Council adopt the following
two motions:
1. Motion to approve an ordinance amending the Rosemount Zoning Ordinance B
Relating to Satellite Dishes and Solar Collectors.
2. Motion to adopt a Resolution authorizing publication of a summary of
Ordinance No. B -229 amending Ordinance B, the Zoning Ordinance related to
Satellite Dishes and Solar Collectors.
SUMMARY
The Planning Commission and staff recommend approval of the attached ordinance amending
Section 11 -2 -5 of the City Code related to satellite dishes and solar collectors. This section will be
re -titled Alternative Energy Systems and includes three subsections: Purpose and Intent, Definitions,
and Solar Energy Systems Standards. The proposed standards are based on a review of standards
from other communities and the State of Minnesota's model ordinance for solar energy systems.
Should the City Council approve this amendment it will do the following:
1. Define a clear purpose and intent for alternative energy systems standards based on the
Comprehensive Plan and provide a clear regulatory process for reviewing these systems.
2. Create specific definitions related to solar energy systems.
3. Establish consistent performance standards focused on specific criteria including: uses,
location, height, aesthetics, screening, coverage, compliance with other codes, certifications,
abandonment, and deviations.
PLANNING COMMISSION ACTION
The Planning Commission reviewed this item during both their June 25`h and July 23`d meetings.
Excerpt minutes from both meetings are attached for your reference. At the June meeting staff
explained the rationale for updating the solar energy system standards, the City's current standards,
and potential changes to those standards. After some discussion, the Commission directed staff to
prepare a draft ordinance updating the City's solar energy system standards for review at the July
meeting. During the July meeting the Commission reviewed the draft ordinance and held a public
hearing that produced no comments. The Commission direct staff to clarify the height standard
related to the distance between the top of a roof - mounted solar panel and the roof, exempt
residential properties from screening requirements, make clearer that Community Solar Gardens and
Solar Farms require an interim use permit (IUP), and specify that all power lines connecting the
solar energy system to the electrical grid must be placed underground (the attached ordinance
includes these changes). The Commission then approved a motion to recommend the City Council
approve a zoning ordinance text amendment related to alternative energy systems.
BACKGROUND
Rosemount's existing solar collector standards were last updated in 1993 and should be revised to
address changing technology, establish consistent standards, and implement the City's goals to
become a more sustainable community. Updating these standards could also position Rosemount to
take full advantage of Minnesota's new solar energy law which provides incentives for installing solar
panels and requires major utility companies to generate a portion their electricity from solar energy.
Completing this process is also consistent with the GreenSteps Cities best practice encouraging
installation of renewable energy systems. Staff assumes these amendments will also be consistent
with the STAR Communities program we will be starting later this year.
Recently, there has been renewed interest in solar energy as a result of falling prices and improving
technology. Locally, more than 25 residents attended an informational workshop on solar energy
hosted by the City last fall. This past spring, the State of Minnesota passed a new solar energy law
requiring major utility companies (Xcel Energy but not Dakota Electric) to produce 1.5 % of their
electricity from solar by 2020. The law also included financial incentives for individuals and
businesses to install solar panels and allows community solar systems where individual consumers
can lease or purchase small sections of a larger solar array.
Staff is currently aware of three existing solar panel systems within the City of Rosemount. Pictures
of each system are attached for your reference. The only residential system is located on the home
of Debra White at 3441 Upper 149`h Street. The other two systems are located at St. Joseph's
Church and the Ames soccer complex at Dakota County Technical College.
There are two types of solar energy systems: photovoltaic and thermal. Photovoltaic systems use
sunlight to directly generate electricity. Thermal systems use sunlight to provide heat for domestic
hot water or space heating. Thermal systems can be either passive or active. Passive solar thermal
uses siting principles or building components like concrete or stone to absorb and store heat from
the sun. Active solar thermal systems use collectors and mechanical components to supplement a
building's heating needs.
ISSUE ANALYSIS
Legal Authority. Zoning ordinance amendments are legislative actions in that the City is creating
new standards to regulate the development of certain types of structures or use. Under the law, the
City has wide flexibility to create standards that will insure the type of development it desires.
However, decisions made under a legislative action must still be constitutional, rational and related
to protecting the health, safety and welfare of the public.
Purpose and Intent. This section defines the scope of the proposed ordinance amendment,
establishes a rationale for the standards based on the comprehensive plan and City Council goals, and
outlines four specific purpose statements.
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Definitions. This section provides specific definitions for types and components of solar energy
systems (photovoltaic, thermal, active, passive, roof - mounted, ground- mounted, etc.).
Solar Energy Systems Standards. The primary issue to consider when developing solar collector
regulations is balancing reasonable solar access with potential negative impacts on surrounding
properties. Typically, solar access is less of an issue in large lot suburban or rural areas. However,
properties in developed areas with tree cover, relatively dense development patterns or tall buildings
may have limited access to their solar resources. The standards section contains specific
performance criteria for solar energy systems. To insure compatibility with surrounding structures,
these standards are based on the zoning standards of the underlying zoning district.
• Exemptions. This section releases both passive and building integrated solar energy systems
from the standards of this ordinance based on the findings that these are site design principals
or building components commonly part of other buildings.
• Uses. This section allows roof - mounted solar energy systems as an accessory use in all
districts and ground- mounted systems as an accessory use in the agricultural, rural residential,
public and institutional, and industrial districts. Community Solar Gardens or Solar Farms are
also allowed as an interim use in the agricultural, public and institutional and industrial districts
outside the Metropolitan Urban Service Area (MUSA).
• Location. This section requires all solar energy systems to comply with the setback
requirements for the zoning district in which they are located with up to a two and one -half
(2.5) foot encroachment similar to other structural elements like chimney's, bay windows, and
eves or cutters.
• Height. This section establishes specific height standards for both roof - mounted and ground
mounted solar energy systems. Roof - mounted systems must comply with the height standard
of the applicable zoning district except that the highest pitch of the solar panel may project up
to three (3) feet above the roof upon which it is mounted. Ground Mounted solar energy
systems are limited to fifteen (15) feet in height.
• Aesthetics and Screening. These sections require solar energy systems to be designed to
blend into the architecture of a building and be screened to the extent possible without
reducing their efficiency.
• Coverage. This section limits roof - mounted systems to 80 percent of the south facing roof
and ground- mounted systems to the maximum lot coverage of the applicable zoning district.
• Feeder Lines. This section requires electric lines within the interior of a property with a solar
energy system to be placed underground.
• Compliance with Other Codes. These sections require solar energy systems to comply with
the building, electrical and plumbing codes.
• Certifications. This section calls for all solar energy systems to be certified by the appropriate
authorizing agency.
• Utility Connection. This section requires all grid connected systems to have an agreement
with the local utility company prior to the city issuing a permit and to provide an external
disconnect if required by the utility company.
• Abandonment. This section requires any system that remains inoperable for more than one
year to be removed at the owner's expense.
• Permit. This section requires a building permit, or conditional use permit if necessary, prior
to installation of a solar energy system.
• Deviations. This section establishes that the City's preferred process to address deviations
from these standards would be through a variance.
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CONCLUSION & RECOMMENDATION
The Planning Commission and staff recommend approval of the attached draft ordinance related to
solar energy systems. Recent improvements in technology and changes to state law have sparked
renewed interest in solar energy systems. Rosemount's existing solar collector standards were last
updated in 1993 and should be revised to address changing technology, establish consistent
standards, and implement the City's goal to become a more sustainable community. This memo
describes the different types of solar energy systems, the existing systems in Rosemount and outlines
the components of the proposed ordinance amendment.
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EXCERPT OF DRAFT MINUTES
PLANNING COMMISSION REGULAR MEETING
JUNE 25, 2013
7.a. Zoning Ordinance Text Amendment for Alternative Energy Systems (13- 27 -TA). Planner
Lindahl stated that Rosemount's existing solar collector standards were last updated in 1993 and
should be revised to address changing technology, establish consistent standards, and implement the
City's goals to become a more sustainable community.
Mr. Lindahl explained that systems can be roof or ground mounted. Roofs are typically used in
urban areas. Staff thinks it is important for the solar panels to blend into the existing background.
There are two primary ways in which the City could designate use: accessory or conditional.
Accessory use is considered a secondary use of a piece of property. Conditional use is more
appropriate for rural or industrial. If the city were to consider accessory use, the applicant would
request building permit and it would be an administrative type review. Conditional or principle use
of the site would require a public hearing and come before Planning Commission. There could also
be some interim uses. Mr. Lindahl requested comments from the Planning Commission on the
information provided in the packet.
Commissioner Husain inquired whether geothermal energy was included as an alternative energy.
Mr. Lindahl responded that geothermal use is currently not being considered as the City feels that
solar is the most appropriate place to start. However, the City intends to rename the code as
alternative energy as opposed to solar and that could include geothermal and wind energy.
Geothermal use is different and includes pipes and underground systems and there will be different
standards for geothermal.
Commissioner Miller inquired about height of the solar panels. He suggested that solar panels that
exceed the height of house need a variance and if they are flush to the house to proceed by permit.
Regarding ground mounted, he would like to see some screening standards and heights restrictions.
Further, regarding performance standards there should be some benefit to putting them in. If City
sets the structure for solar energy they open door to others such as wind power generation.
Geothermal systems would just need to meet requirements and he doesn't think the City would want
to do conditional use permit. Generally speaking the process should be streamlined so City can
provide permits once standards are met.
Mr. Lindahl responded that the City will attempt to balance between an efficient use of the solar
system with meeting performance standards. On the house shown, the panels were placed to get the
most efficient use of the sun. Commissioner Miller thinks if it impacts surrounding properties, the
Planning Commission may need to hear those matters and feels a balance of streamlining and
maintaining the integrity of neighborhoods is important.
Chairperson Powell said they are trying to set boundaries under which most things fit. The City will
need some control if the changes will affect neighboring properties. With respect to geothermal,
Mr. Zweber said there approximately six geothermal installations in town and most of them went in
with no problem. The City will want to provide guidelines for review for those systems.
Commissioner Kurle stated that height restrictions for buildings may be a good place to start for the
guidelines. Commissioner Kurle inquired whether residents could say they can't build due to trees
so they could just go taller with their system. Mr. Lindahl responded that they would need to rise to
the practical difficulty standard to meet variance requirements. Staff would typically advise
applicants that zoning standards create development limitations. The City would need to balance
what is practical and reasonable for applicant to gain access to the solar resources with impact on
surrounding properties. Mr. Zweber added that a City can modify a solution to a variance and can
place reasonable restrictions.
Commissioner Weber added that he would like to encourage solar systems in industrial areas. These
buildings have larger rooftops and use more energy than residential homes. Commissioner Miller
commented that setting good standards in place would help homeowners and businesses. He
stressed the importance of supporting both citizens and businesses.
Commissioner Miller also inquired about the process of moving to step 3 of the Green Steps. Mr,
Lindahl stated there are 26 Best Practices items which communities need to do fully to implement
the Green Steps program. Currently the City has done 7 or 8 items. Other items to be done
include: create solar ordinance and streamlined permitting system, develop complete streets
program allowing more alternative transportation methods with biking and walking, there are also
certain energy standards for purchasing office machines and papaer. More detail about the next
steps will be provided in the future.
Mr. Lindahl requested the Commission's input regarding whether solar panels should be permitted
or as an interim use where solar panels would be the primary use of that property. The new
Minnesota law allows for community solar where a property owner could create a large solar farm.
They could lease or sell a panel of energy back to customers within the county. This is expected to
be the new trend.
Commissioner Husain inquired whether the City could put restrictions on new commercial buildings
and the type of energy they use. Mr. Lindahl replied that this would exceed the City's planning
authority. The new state law requires the major utilities to produce 1.5% of their electric energy
from a solar resource by the year 2020. The state is creating a broader incentive. Mr. Zweber added
that there can be some City regulation on projects where City funds are involved.
Commissioner Miller said interim use is his preference as it allows a review of permits. This will give
an opportunity to make corrections and continue to improve performance standards.
Commissioner Kurle said accessory use would be preferred for residential. He recommended
conditional use for commercial properties based on certain requirements. Interim use could be used
within a certain zoning area to maintain some control.
The next step in this process would be for staff to draft an ordinance and bring it back to the
Planning Commission for a public hearing.
EXCERPT OF DRAFT MINUTES
PLANNING COMMISSION REGULAR MEETING
JULY 23, 2013
5.b. Zoning Ordinance Text Amendment for Alternative Energy Systems (Case 13- 27 -TA). Planner
Lindahl reviewed the staff report stating this is a staff initiated text amendment based on a review of
standards from other communities and the State of Minnesota's model ordinance for solar energy
systems. Should the City Council approve this amendment it will do the following:
1. Define a clear purpose and intent for alternative energy systems standards based on the
Comprehensive Plan and provide a clear regulatory process for reviewing these systems.
2. Create specific definitions related to solar energy systems.
3. Establish consistent performance standards focused on specific criteria including: uses,
location, height, aesthetics, screening, coverage, compliance with other codes, certifications,
abandonment, and deviations.
Commissioner Miller requested more clarification in Section C.4. pertaining to height to provide
more direction for an architect on where the three foot requirement began. Also, Mr. Miller asked
for a clarification of Section CA pertaining to screening requirements and asked whether or not it
would be possible to exempt residential homes from the screening requirements. Mr. Lindahl stated
that there may be certain situations on a roof that could impact how a solar panel is positioned
which would then impact the screening of it. Mr. Zweber added that the screening requirement
mainly pertains to commercial rooftops. Chairperson Powell stated his support for exempting
residential units from the screening requirements.
Commissioner Miller asked if the 80% coverage referenced in Section C.7. pertains to the whole
roof. Mr. Lindahl stated that the 80% pertains to the south facing part of the roof where the panels
would be installed.
With respect to Section C.15. regarding permits, Commissioner Miller asked if the language could be
made more specific so people would know that the conditional use permits would only pertain to a
rural setting.
Commissioner Husain asked for clarification of Section C.8. which requires the electrical collection
system to be placed underground. Mr. Lindahl responded that it is simply requiring all electrical
power lines to be installed underground so no there would be no overhead lines in the
neighborhood. Chairperson Powell suggested changing the terminology from "collection system" to
"power lines" or something similar to make it more understandable.
The public hearing was opened at 7:17p.m.
There were no public comments.
MOTION by Miller to close the public hearing.
Second by Powell.
Ayes: 4. Nays: None. Motion approved. Public hearing was closed at 7:18p.m.
There was no further discussion.
MOTION by Miller to recommend the City Council approve the attached ordinance
amending the Rosemount Zoning Ordinance B Relating to Satellite Dishes and Solar
Collectors.
Second by Husain.
Ayes: 4. Nays: None. Motion approved.
City of Rosemount
Ordinance No. B -229
AN ORDINANCE AMENDING THE
CITY OF ROSEMOUNT ZONING ORDINANCE B
RELATING TO SATELLITES AND SOLAR COLLECTORS
THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA, ORDAINS that
Ordinance B, adopted September 19, 1989, entitled "City of Rosemount Zoning Ordinance," is
hereby amended as follows:
Section 1. Rosemount Zoning Ordinance B, Section 11 -2 -12: Satellite Dishes and Solar
Collectors is hereby amended as follows:
Section 11 -2 -5:
the gethftek in subseetion 11 5 2GI of dtiq fide. (Ord. B 33, 10 10 1002N
Alternative
Energy Systems.
A. Purpose and Intent: It is the goal of the city council, as expressed in the Comprehensive Plan,
for Rosemount to become a more sustainable community by encouraging activities that conserve
energy and result in less /no pollution output such as alternative energy sources. 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 ordinance include:
1. To promote rather than restrict development of alternative energy sources by removing
regulatory barriers and creating a clear regulatory_ path for approving alternative energy
systems.
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 protect and enhance air duality, limit the effects of climate change and decrease use of
fossil fuels.
4. To encourage alternative energy development in locations where the technology is viable and
environmental, economic and social impacts can be mitigated.
B. Definitions. The following words, terms and phrases, when used in this division, shall have the
meanings ascribed to them in this section:
ALTERNATIVE ENERGY SYSTEM: A ground source heat pump, wind or solar energy
system.
COMMUNITY SOLAR GARDEN: A solar - electric (photovoltaic) array that provides retail
electric 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, under the
provisions of Minn. Statutes 216B.1641 or successor statute.
PHOTOVOLTAIC SYSTEM: An active solar energy system that converts solar energy directly
into electricity.
SOLAR COLLECTOR: A device, structure or a part of a device or structure for which the
primary purpose is to capture sunlight and transform it into thermal, mechanical, chemical, or
electrical energy.
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 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
SOLAR ENERGY SYSTEM, ACTIVE: A solar energy system whose primary purpose is to
harvest energy by transferring solar energy into another form of energy or transferring heat from
a solar collector to another medium using mechanical, electrical, or chemical means.
SOLAR ENERGY SYSTEM, BUILDING - INTEGRATED: A solar energy system that is an
integral part of a principle or accessory -in
building, replacing or substituting for an architectural or
structural component of the building. Buildingtegrated systems include but are not limited to
p photovoltaic or hot water solar energy systems that are contained within or substitute for
roofing materials, windows, skylights, awnings and shade devices.
SOLAR ENERGY SYSTEM, ROOF - MOUNTED: a solar energy system mounted directly or
abutting the roof of a principal or accessory building,
SOLAR ENERGY SYSTEM, GRID- INTERTIE: A photovoltaic solar energy system that is
connected to an electric circuit served by an electric utility company.
SOLAR ENERGY SYSTEM, OFF -GRID: A photovoltaic solar energy system in which the
circuits energized by the solar energy system are not electrically connected m any way to electric
circuits that are served by an electric utility company.
SOLAR ENERGY SYSTEM, GROUND - MOUNT: A freestanding solar system mounted
directly to the ground using a rack or pole rather than being mounted on a building;
SOLAR ENERGY SYSTEM, PASSIVE: A system that captures solar light or heat without
transforming it to another form of energy or transferring the energy via a heat exchanger.
SOLAR FARM: A commercial facility that converts sunlight into electricity, whether by
photovoltaic (PV), concentrating solar thermal devices (CST), or other conversion technology_,
for the principal purpose of wholesale sales of generated electricity.
SOLAR HOT WATER SYSTEM (,ALSO THERMAL 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, includi4 residential domestic hot water and hot water for commercial
processes.
SOLAR RESOURCE: 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 hours between the hours
of 9:00 AM and 3:00 PM Standard Time on any day of the year.
C. Solar Energy Systems: The following standards apply to solar energy systems, subject to
standards of the applicable zoning district in which they are located.
1. Exemptions. 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. Uses. Roof - mounted solar energy systems are an accessory use in all districts. Ground -
mounted solar energy systems are an accessory use in the following districts: AG —
Agricultural. AGP — Agricultural Preserve, RR — Rural Residential, PI — Public and
Institutional. LI — Light Industrial, GI — General Industrial and HI — Heavy Industrial.
Community Solar Gardens or Solar Farms as defined in this section are an interim use in the
following zoning district outside the Metropolitan Urban Service Area (MUSA): AG —
Agdcultural, PI — Public and Institutional, LI — Light Industrial. GI — General Industrial and
HI — Heavy Industrial.
3. Location. Solar energy systems shall comply with the building setback standards for the
applicable zoning district except that they may encroach those setbacks per Section 11-5 -
2.C.La (Special Structural Element.
4. Height. Roof -mount solar energy systems shall comply with the height standards of the
applicable zoning district. Roof - mounted solar energy systems may be mounted at an angle
to the roof to improve their efficiency: however, the highest Point of the solar Panel shall
not be mote than three (,3) feet, measured in a straight line, above the roof upon which the
Panel is mounted. Ground - mounted solar energy systems shall not exceed 15 feet in height.
5. Aesthetics. Roof - mounted solar energy systems shall be designed to blend into the
architecture of the building, provided that design considerations shall not diminish energy
production. The color of the solar collector is not required to be consistent with other
roofing materials. Reflection angles from collector surfaces shall be oriented away from
neighboring windows. Where necessary, screening may be required to address glare.
6. Screening. Solar energy systems in non - residential zoning districts shall be screened in
accordance with the requirements of Section 11 -2 -5 and the screening requirements of the
applicable zoning district to the extent possible without reducing their efficiency.
7. Coverage. Roof - mounted solar energy systems shall not cover more than 80% of the south -
facing or flat roof upon which the panels are mounted and shall be set back a minimum of
one (1) foot from the edge of the roof. The surface area of ground -mount systems shall not
exceed the maximum lot coverage standard of the applicable zoning district.
8. Feeder Lines. All power lines shall be placed underground within the interior of each parcel.
9. Compliance with Building Code. All active solar energy systems shall meet approval of local
building code officials, consistent with the State of Minnesota Building Code, and solar
thermal systems shall comply with HVAC - related requirements of the Energy Code.
10. Compliance with State Electric Code. All photovoltaic systems shall comply with the
Minnesota State Electric Code.
11. Compliance with State Plumbing Code. Solar thermal systems shall comply with applicable
Minnesota State Plumbing Code.
12. Certifications. Solar electric system components shall be certified by Underwriters
Laboratories, Inc., and solar thermal systems shall be certified by the Solar Rating and
Certification Corporation, or other appropriate certification(s) as determined by the City
The City reserves the right to deny a building Permit for proposed solar energy systems
deemed to have inadequate certification.
13. Utility Connection. All grid - intertie systems shall have an 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. Off -grid systems are exempt from this requirement.
14. Abandonment. If the solar energy system remains nonfunctional or inoperative for a
continuous Period of one year, the 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.
15. Permits. No solar energy system shall be erected, altered, improved, reconstructed,
maintained or moved in the city without first securing a Permit from the city. Community
Solar Gardens or Solar Farms as defined in this section shall also require an interim use
Permit.
16. Deviations. Deviations from the required standards for a solar energy system may be
addressed though a variance.
Section 2. Rosemount Zoning Ordinance B, Section 11 -4 -1: Agricultural District is
hereby amended as follows:
C. Accessory Uses:
Satellite dishes an Roof - mounted or grounded- mounted solar eelleeters energy systems, subject
to section 11 -2 -12 of this title.
E. Interim Uses:
Community Solar Gardens or Solar Farms on properties outside the Metropolitan Urban Service
Area (MUSA), subject to section 11 -2 -12 of this title.
Section 3. Rosemount Zoning Ordinance B, Section 11 -4 -3: Rural Residential District is
hereby amended as follows:
C. Accessory Uses:
Satellite dishes and Roof - mounted or grounded- mounted solar eelleeters energy systems, subject
to section 11 -2 -12 of this title.
Section 4. Rosemount Zoning Ordinance B, Section 11 -4 -4: Very Low Density
Residential District is hereby amended as follows:
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C. Accessory Uses:
Roof - mounted solar ,..,'��s energy systems, subject to section 11 -2 -12 of
this title.
Section 5. Rosemount Zoning Ordinance B, Section 11 -4 -5: Low Density Residential
District is hereby amended as follows:
C. Accessory Uses:
gftte&e dishes an Roof - mounted solar eo'rs energy systems, subject to section 11 -2 -12 of
this title.
Section 6. Rosemount Zoning Ordinance B, Section 11 -4 -6: Low Density Residential
District is hereby amended as follows:
C. Accessory Uses:
Roof - mounted solar ors energy systems, subject to section 11 -2 -12 of
this title.
Section 7. Rosemount Zoning Ordinance B, Section 11 -4 -7: Moderate Density
Residential District is hereby amended as follows:
C. Accessory Uses:
Satellite dishes aft Roof - mounted solar eo'rs energy systems, subject to section 11 -2 -12 of
this title.
Section 8. Rosemount Zoning Ordinance B, Section 11 -4 -8: Medium Density
Residential District is hereby amended as follows:
C. Accessory Uses:
Satellite dishes ftit Roof - mounted solar eolleeter-s energy systems, subject to section 11 -2 -12 of
this title.
Section 9. Rosemount Zoning Ordinance B, Section 11 -4 -9: High Density Residential
District is hereby amended as follows:
C. Accessory Uses:
SftfeHite dishes *a Roof - mounted solar e._'�ters energy systems, subject to section 11 -2 -12 of
this title.
Section 10. Rosemount Zoning Ordinance B, Section 11 -4 -10: Convenience Commercial
District is hereby amended as follows:
C. Accessory Uses:
5
Roof - mounted solar energy systems, subject to section 11 -2 -12 of this title.
Section 11. Rosemount Zoning Ordinance B, Section 11 -4 -11: Downtown District is
hereby amended as follows:
C. Accessory Uses:
Roof - mounted solar eelleeters energy systems, subject to section 11 -2 -12 of
this title.
Section 12. Rosemount Zoning Ordinance B, Section 11 -4 -13: Highway Commercial
District is hereby amended as follows:
C. Accessory Uses:
Satel]ite dishes an Roof - mounted solar eelleeters energy systems, subject to section 11 -2 -12 of
this title.
Section 13. Rosemount Zoning Ordinance B, Section 11 -4 -14: General Commercial
District is hereby amended as follows:
C. Accessory Uses:
8fttellite dishes and Roof - mounted solar °a'�rs energy systems, subject to section 11 -2 -12 of
this title.
Section 14. Rosemount Zoning Ordinance B, Section 11 -4 -15: Business Park District is
hereby amended as follows:
C. Accessory Uses:
Satellite dishes -"a Roof - mounted solar ""'Venters energy systems, subject to section 11 -2 -12 of
this title.
Section 15. Rosemount Zoning Ordinance B, Section 11- 4 -15 -1: Light Industrial District
is hereby amended as follows:
C. Accessory Uses:
Satellite dishes ftn Roof - mounted or grounded- mounted solar ee$eeters energy systems, subject
to section 11 -2 -12 of this title.
E. Interim Uses:
Community Solar Gardens or Solar Farms on properties outside the Metropolitan Urban Service
Area (NIUSA). subject to section 11 -2 -12 of this title.
Section 16. Rosemount Zoning Ordinance B, Section 11 -4 -16: General Industrial
District is hereby amended as follows:
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C. Accessory Uses:
Roof - mounted or grounded- mounted solar eeReetai-s energy systems, subject
to section 11 -2 -12 of this title.
E. Interim Uses:
Community Solar Gardens or Solar Farms on properties outside the Metropolitan Urban Service
Area (MUSA), subject to section 11 -2 -12 of this title.
Section 17. Rosemount Zoning Ordinance B, Section 11- 4 -16 -1: Heavy Industrial
District is hereby amended as follows:
C. Accessory Uses:
Sateffite dishes aft Roof - mounted or grounded- mounted solar eelleetars energy systems, subject
to section 11 -2 -12 of this title.
E. Interim Uses:
Community Solar Gardens or Solar Farms on properties outside the Metropolitan Urban Service
Area ( USA). subject to section 11 -2 -12 of this title.
Section 18. Rosemount Zoning Ordinance B, Section 11 -4 -18: Public and Institutional
District is hereby amended as follows:
C. Accessory Uses:
Smellite dishes and Roof - mounted or grounded- mounted solar ealleeters end systems, subject
to section 11 -2 -12 of this title.
E. Interim Uses:
Community Solar Gardens or Solar Farms on properties outside the Metropolitan Urban Service
Area (MUSA)., subject to section 11 -2 -12 of this title.
Section 19. Rosemount Zoning Ordinance B, Section 11 -4 -20: Industrial Park District is
hereby amended as follows:
C. Accessory Uses:
Roof - mounted solar energy systems, subject to section 11 -2 -12 of this title.
Section 20. Rosemount Zoning Ordinance B, Section 11 -5 -2: Supplementary
Regulations is hereby amended as follows:
B. Supplementary Height Regulations:
1. Permitted Exceptions: Except as specifically provided in a business park or industrial
district, the following structural appurtenances shall be permitted to a height not to exceed
7
twenty five feet (25') in addition to the maximum height permitted for the district, provided
they do not impair the solar access of buildings on adjoining properties and are not used for
human occupancy or commercial enterprise:
a. Ornamentation such as church spires, belfries, bell towers, cupolas, domes, monuments
and flagpoles.
b. Mechanical appurtenances such as selaf ea4eet , chimneys, smokestacks, elevator and
stairwell penthouses, antennas, transmission towers and other necessary structures.
c. In all districts, setbacks for all freestanding tower antennas shall be equal to the height of
the antenna and its supporting structure.
Section 21. EFFECTIVE DATE. This Ordinance shall be in full force and effect from
and after its passage and publication according to law.
ENACTED AND ORDAINED into an Ordinance this 3rd day of September, 2013.
CITY OF ROSEMOUNT
William H. Droste, Mayor
ATTEST:
Amy Domeier, City Clerk
Published in the Rosemount Town Pages this day of )2013.
8
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO. 2013 -
A RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. B -229
AMENDING THE CITY OF ROSEMOUNT ZONING ORDINANCE B
RELATING TO SATELLITE DISHES AND SOLAR COLLECTORS
WHEREAS, the Planning Commission of the City of Rosemount recommended City Council
approval of this amendment after holding a public hearing on July 23, 2013; and
WHEREAS, the City Council of the City of Rosemount adopted Ordinance No. B -229
amending the City of Rosemount Zoning Ordinance B relating to satellite dishes and solar
collectors; and
WHEREAS, Minnesota Statutes, Section 412.191, Subd. 4 allows publication by title and
summary in the case of lengthy ordinances; and
WHEREAS, the City Council finds that the following summary would clearly inform the
public of the intent and effect of the Ordinances.
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Rosemount that
the City Clerk shall cause the following summary of Ordinance No. B- 229 to be published in
the official newspaper in lieu of the entire ordinance:
Public Notice
During their August 20, 2013 meeting, the City Council of the City of Rosemount adopted
Ordinance No. B -229. The ordinance amends Ordinance B, the Zoning Ordinance relating
satellite dishes and solar collectors.
In summary, the new ordinance makes the following three (3) changes:
1. Define a clear purpose and intent for alternative energy systems standards based on the
Comprehensive Plan and provide a clear regulatory process for reviewing these
systems.
2. Create specific definitions related to solar energy systems.
3. Establish consistent performance standards focused on specific criteria including: uses,
location, height, aesthetics, screening, coverage, compliance with other codes,
certifications, abandonment, and deviations.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that a copy of Ordinance No.
B -229 shall be kept in the City Clerk's office at City Hall for public inspection and a full copy
of the ordinance be posted in the lobby of City Hall for 30 days after adoption.
Resolution 2013 -
ADOPTED this 3 d day of September, 2013, by the City Council of the City of Rosemount.
William H. Droste, Mayor
ATTEST:
Amy Domeier, City Clerk
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