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Home My WebLink About8.a. Ordinance Text Amendment for Alternative Energy Systems, Case 13-27-TA existing regulations that permit solar panels but lack the detailed offered in proposed ordinance designed to reflect recent changes to state law and create a more consistent performance standards. Aesthetics and Screening. These sections require solar energy systems to be designed to blend into the architecture of a building and be screened from the view from the public right-of-way to the extent possible without reducing their efficiency. What the criteria means is that roof-mounted panels should be screened similar to other roof-top equipment. Typically this standard requires a raised parapet or moving the equipment more central to the structure so it is not visible from the street or an adjoining residential use. Any screening is tempered by the need to ensure efficacy of the panel system. For freestanding panel systems,as shown in the attached drawing, the ordinance requires screening from public views along any adjoining right-of-way. The ordinance specifically lists screening accomplished by setbacks,berming,landscaping or walls. This is not dissimilar to other interim uses within the zoning ordinance like mining or asphalt plants. In both cases the City has required berming and/or landscaping to screen the use from the adjacent public right of way. With a focus on screening from the ground view of the abutting public right-of-way staff anticipates minimal impact on the efficiency of either roof-mounted or ground-mounted solar energy systems. Draft ordinance sections: 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. Screening. Roof-mounted 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. Ground-mounted solar energy systems. community solar gardens or solar farms shall be screened from view of the closest public right of way to the extent possible without reducing their efficiency by setback.berming.landscaping. or walls or a combination thereof. Setbacks. The setback standards for solar energy systems are based on the applicable zoning district and type of structure on which it is located. Roof-mounted solar energy systems must conform to the setbacks requirement of the given zoning district and structure type (principal or accessory) on which they mounted. Ground-mounted solar energy systems must conform to the accessory structure setback standards for the applicable zoning district in which they are located. And Community solar gardens or solar farms must conform to the principal structure setback standards for the applicable zoning district in which they are located. These setbacks are detailed in the table below. PLANNING COMMISSION ACTION The Planning Commission reviewed this item during both their June 25th 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 2 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 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. 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. 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 149th Street. The other two systems are located at St.Joseph's Church and the Ames soccer complex at Dakota County Technical College. 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. The proposed ordinance is based on the State of Minnesota's model ordinance and local ordinances from the cities of St. Paul and Woodbury. The surrounding Dakota County communities have solar regulations similar to Rosemount's existing regulations but have yet to update them to reflect recent changes to state law. Updating these standards could 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. 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 3 I - outlines four specific purpose statements. 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). Pictures of solar farms at the University of Minnesota—Morris and St.John's University are attached. • 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 from the view from the public right- of-way 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. • Setbacks. This section requires all solar energy systems to comply with the setback standards for the zoning district and structure type on which they are located. These standards are detailed in the table below. As noted above, solar energy systems (roof-mounted,ground- mounted, community solar gardens or solar farms) shall conform to the applicable setback standards and structure type on which they are located. The City's existing regulations allow roof-mounted solar energy systems to encroach up to a two and one-half(2.5) feet into these setbacks similar to other structural elements like chimney's,bay windows,and eves or cutters. 4 Setback Standards for Solar Energy Systems by Zoning District Zoning Front Yard Side Yard Rear Yard District Principal Accessory Principal Accessory Principal Accessory Agricultural 30' 50' 30' 30' 30' 30' Ag. Preserve 30' 50' 30' 30' 30' 30' Rural Res. 40' 40' 30' 30' 30' 30' Residential 30' 30' 10'/5' 10'/5' 30'/10' 30'/10' Public& 30' 30' 30' 30' 30' 30' Institutional Downtown 0' 0' 0' 0' 0' 0' C-1,C-3, C-4 30' 30' 10' 10' 10' 10' Business 30' 30' 10' 10' 10' 10' Park Light 30' 30' 10' 10' 10' 10' Industrial General Industrial 75' 75' 50' 50' 50' 50' Heavy Based on size and height of structure with minimum 75' setback Industrial • 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. 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. 5 EXCERPT OF MINUTES FROM THE SEPTEMBER 3, 2013 CITY COUNCIL MEETING 9.f. Zoning Ordinance Text Amendment for Alternative Energy Systems, Case 13-27-TA Community Development Director Lindquist provided a summary of the staff report. The proposed revisions address changing technology, establish consistent standards,and implement the City's goals to become a more sustainable community. Council Member Weisensel questioned if the equipment had to be located in an area serviced by Xcel Energy. Ms.Lindquist replied that the equipment had to be in close proximity to Xcel's grid. She noted that the majority of the City was in Xcel's territory. Council Member Weisensel also questioned if the equipment could be installed on existing structures or if it had to stand alone. He expressed concerns about it affecting economic development. Ms. Lindquist explained that nothing in the ordinance precludes retail establishments from adding solar equipment or prohibits solar equipment by a certain use. Council Member Demuth requested clarification under C.6.related to screening. Further discussion was held regarding the screening requirements,abandonment issues, and the inclusion of satellites. Because the item was not time sensitive, further discussion will be held regarding the screening requirements. The City Council also requested that staff review the ordinance to ensure it is not too onerous or restrictive for residents and businesses to obtain a permit or use the technology. Motion by DeBettignies. Second by Demuth. Motion to continue consideration after receiving additional information from staff. Ayes:Weisensel,Demuth, DeBettignies, Shoe-Corrigan,Droste Nays: None. Motion carried. 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 C.6. 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: . . e -. : , . . '. 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 quality,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 building, 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 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 in 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. WATER SYSTEM (ALSO THERMAL SYSTEM): A system that includes a SOLAR HO T W S TEM ( � Y 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 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. 2 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 — Agricultural, PI—Public and Institutional,LI —Light Industrial, GI— General Industrial and HI—Heavy Industrial. 3. Setbacks. Roof-mounted solar energy systems shall comply with the setbacks requirement for the applicable zoning district and structure type (principal or accessory) on which they mounted and may encroach those setbacks per Section 11-5-2.C.1.a (Special Structural Elements). Ground-mounted solar energy systems shall comply with the accessory structure setback standards for the applicable zoning district in which they are located. Community solar gardens or solar farms shall comply with the principal structure setback standards for the applicable zoning district in which they are located 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 more 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. Roof-mounted 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. Ground-mounted solar energy systems, community solar gardens or solar farms shall be screened from view of the closest public right of way to the extent possible without reducing their efficiency by setback,berming,landscaping, or walls or a combination thereof. 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. 3 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 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. 15. Permits. No solar energy system shall be erected, altered,improved.reconstructed, Y p 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 g � hereby amended as follows: C. Accessory Uses: Satellite di3hc3 and Roof-mounted or grounded-mounted solar collectors 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: 4 C. Accessory Uses: Satellite dishes and Roof-mounted or grounded-mounted solar collectors 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: C. Accessory Uses: Satellite dishes and Roof-mounted-solar collectors 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: Satellite dishes and Roof-mounted solar collectors 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: Satellite dishes and Roof-mounted solar collectors 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: Roof-mounted solar collectors 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 and Roof-mounted solar collectors 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: 5 Satellite dishes and Roof-mounted solar eellectors 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: 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 collectors 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: Satellite dishes and Roof-mounted solar collectors 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: Satellite dishes and Roof-mounted solar colleeters 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 and Roof-mounted solar collectors 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 and Roof-mounted or grounded-mounted solar celleetets energy systems, subject to section 11-2-12 of this title. 6 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 16. Rosemount Zoning Ordinance B, Section 11-4-16: General Industrial District is hereby amended as follows: C. Accessory Uses: Roof-mounted or grounded-mounted solar collectors 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: Satellite dishes and Roof-mounted or grounded-mounted solar collectors 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 t3' p p p Area (MUSA).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: Satellite dishes and Roof-mounted or grounded-mounted solar collectors 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 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. 7 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 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 aolar collectors, 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. ENAC'T'ED AND ORDAINED into an Ordinance this 1st day of October,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 h' g �' Y 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. 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