HomeMy WebLinkAbout8.a. Zoning Ordinance Text Amendment for Alternative Energy Systems, Case 12-27-TA 44 ROSEIv1OUNT EXECUTIVE SUMMARY
PLANNING COMMISSION
City Council Meeting Date: February 18, 2014
AGENDA ITEM: Case 13-27-TA
AGENDA SECTION:
Zoning Ordinance Text Amendment for
Alternative Energy Systems O�(/, k )t Yi -,c
PREPARED BY: Jason Lindahl, AICP AGENDA NO.
Planner ( r�
ATTACHMENTS: Excerpt Minutes from 10/1/13 & 9/3/13 APPROVED BY:
CC, 6-25-13 & 7-23-13 PC, Ordinance
Amendments, Resolution, Pictures and
Plans of the Wright-Hennepin Facility,
Pictures of Existing Solar Collector
System, Zoning Map with MUSA �pJ
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 Solar Collectors with screening requirements for non-residential
properties with Solar Collectors.
OR
Motion to approve an ordinance amending the Rosemount Zoning Ordinance B
Relating to Solar Collectors with no screening requirements for non-residential
properties with 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 Solar
Collectors with screening requirement for non-residential properties with Solar
Collectors.
OR
Motion to adopt a Resolution authorizing publication of a summary of Ordinance
No. B-229 amending Ordinance B, the Zoning Ordinance related to Solar
Collectors with no screening requirement.
SUMMARY
The Planning Commission and staff recommend approval of the attached ordinance amending
Section 11-2-5 of the City Code related to solar energy systems. The primary issue to consider when
developing solar collector regulations is balancing reasonable solar access with potential negative
impacts on surrounding properties. Both the Planning Commission and City Council reviewed this
item (see summaries below) with appearance and screening standards generating the most questions.
This memo provides additional requested information regarding basis for the proposed ordinance,
solar standards in neighboring communities and the requirements for the Wright-Hennepin
Electrical Cooperative facility (located in Rockford). 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.
Staff research finds screening standards are a common component of solar regulations and can be
valuable in mitigating potential impacts from solar facilities on neighboring properties. However,
staff has attached second version of the proposed ordinance without screening standards should the
Council decide they are unnecessary.
CITY COUNCIL ACTION
The City Council reviewed this item during the September 3 and October 1,2013 meetings.
Excerpt minutes from those meetings are attached for your reference. During the September
meeting the Council requested additional information about the basis for the proposed ordinance
and the screening and setbacks solar standards for neighboring communities. During the October
meeting the Council reviewed this information and reiterated their concerns with the proposed
screening standards especially for facilities located on the east side of town and outside the
Metropolitan Urban Service Area (MUSA). The Council then asked staff to research the
requirements for the Wright-Hennepin Cooperative solar facility in Rockford. Information about
the basis for the proposed ordinance, solar standards in neighboring communities and the
requirements for the Wright-Hennepin facility are provided below.
PLANNING COMMISSION ACTION
The Planning Commission reviewed this item during both their June 25th and July 23`'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.
BASIS FOR ORDINANCE AND STANDARDS IN OTHER COMMUNITIES
Zoning Standards in Other Communities. 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 general solar regulations similar to Rosemount's
existing regulations that permit solar panels but lack the detail offered in the proposed ordinance;
designed to reflect recent changes to state law and create a more consistent performance standards.
Aesthetics and Screening. Screening requirements are included in the State's model ordinance and
are a common component of solar regulations. As stated above, the challenge with drafting screening
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standards for solar energy systems is balancing reasonable solar access with potential negative impacts
on surrounding properties. The unique characteristics of solar systems are that they must have
southern exposure,may produce glare and can be unsightly. To this end, the proposed ordinance
targeted screening requirements to views from the adjacent public right-of-way for roof-mounted
systems in non-residential districts and ground-mounted systems in all zoning categories. In other
words, there are no screening requirements in any residential district for both freestanding and roof-
mounted systems. In non-residential districts blending is requested for roof-mounted systems and
screening adjacent to right of way for freestanding systems.
Rosemount's proposed ordinance acknowledges that potential negative impacts of solar energy
systems can be addressed through both aesthetic (appearance) and screening standards. For roof-
mounted systems, the ordinance emphasizes blending the solar system into the architecture of the
structure on which the system is mounted. The ordinance acknowledges that"blending" could by
itself address impacts on surrounding properties. However, should the blending standards fail to
mitigate all of the impacts on surrounding properties the proposed ordinance includes the same
screening standards for other rooftop equipment. The ordinance has the added consideration that any
screening is tempered by the need to ensure efficacy of the panel system. Blending measures could
include moving the equipment more central to the structure while screening methods could include
raising the parapet or other architectural elements.
For freestanding panel systems, as shown in the attached drawing, the ordinance requires screening
from public views along any adjoining right-of-way. It is important to note that the ordinance offers
applicants several different options to accomplish screening including setbacks,berming,landscaping
or walls and includes the consideration that any screening cannot reduce efficacy of the panel system..
This standard 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.
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.
Wright-Hennepin Solar Facility. The Wright-Hennepin solar facility is located at the company's
headquarters in Rockford and governed by that City's zoning standards (see attached). In total, the
facility will consist of a 14,441 square foot (.331 acres) solar array with six utility cabinets (see
attached pictures and plan). To date the cooperative has constructed only the first phase of the
system covering 4,665 square feet (.107 acres) with no timeline for completing the balance of the
facility. The facility was approved as an accessory use through a conditional use permit. A
comparison of Rockford's standards with those proposed for Rosemount can be found in the
attached table. Generally, the two ordinances have many similarities and only minor differences in
approval process and aesthetic and screening standards. While the Rockford example is a good, in-
place example, care must be taken in making comparisons between the two. The location of the
Rockford project is well screened naturally and the size of the facility is significantly less than what
3
Rosemount could anticipate should a solar farm or Community Solar Garden apply for approval.
Those projects vary from 1 acre to 10 acres in size.
The approval process for solar energy systems in Rosemount and Rockford is similar for roof-
mounted panels but differs for ground-mounted systems. Both Rosemount and Rockford allow
roof-mounted systems as an accessory use through a building permit. However, Rosemount's
proposed standards would also allow ground-mount systems as an accessory use through a building
permit in agricultural, residential, public and institutional, and industrial districts. Rockford requires
all ground-mounted systems be approved through a conditional use permit. By comparison,
Rosemount's proposed standards would require an interim use permit for only the largest of solar
energy systems (community solar gardens or solar farms) in the agricultural, public and institutional
and industrial districts outside the Metropolitan Urban Service Area (MUSA). Overall, Rosemount's
proposed ordinance creates an administrative building permit approval process for all but the largest
solar facilities which are more likely to have an impact beyond their site and therefore would benefit
from the public hearing and Council oversight of the interim use permit process. Further, staff has
recommended an interim use permit with the intention that at some time in the future the land
would turn over to an urban development with City sewer and water.
Rockford limits aesthetic standards to requiring roof-mounted systems to use colors that match the
roof on which it is mounted. Rosemount's ordinance does not include a color matching
requirement based on the fact that this could add significant cost to the project with little impact on
appearance. As an alternative, Rosemount's proposed ordinance has the more flexible requirement
that solar panels blend into the building's architecture provided this does not reduce efficiency. It
also addresses potential glare issues by requiring reflection angles be oriented away from neighboring
windows and calls for screening when necessary.
Rosemount and Rockford have similar screening standards with different priorities. Rockford has a
blanket standard requiring all solar energy systems be screened from any residential district to the
extent that it does not interfere with operation of the systems. By comparison, Rosemount
proposes a more targeted screening with more options for implementation. The proposed
ordinance would require screening from the public right-of-way for roof-mounted systems in non-
residential districts and ground-mounted, community solar, or solar farms. This screening may be
accomplished though setback, berm, landscaping or wall and shall not reduce efficiency of the solar
energy system. As discussed above, part of the recommendation from the Planning Commission
was to exempt roof-mounted systems on residential properties from screening requirements.
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. The proposed ordinance includes three
subsections: Purpose and Intent,Definitions, and Solar Energy Systems Standards.
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.
Definitions. This section provides specific definitions for types and components of solar energy
systems (photovoltaic, thermal, active,passive,roof-mounted,ground-mounted, etc.).
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Solar Energy Systems Standards. 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.
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 75' 75' 50' 50' 50' 50'
Industrial
5
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. As requested by the City Council, this memo provides additional information
regarding basis for the proposed ordinance, solar standards in neighboring communities and the
requirements for the Wright-Hennepin Electrical Cooperative facility. Staff research finds screening
standards are a common component of solar regulations and can be valuable in mitigating potential
impacts from solar facilities on neighboring properties. Staff continues to support screening for
larger solar garden or solar farm projects along public right of way. The screening can occur through
a number of techniques,which does include landscaping,but may also include setbacks, current
topography,walls,berming, or existing structures.
Should members of the Council believe that screening for freestanding solar projects not be
necessary, there is a second version of the proposed ordinance without the screening standard for
the councils use.
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EXCERPT OF MINUTES FROM THE OCTOBER 1, 2013 CITY COUNCIL REGULAR
MEETING PROCEEDINGS
OLD BUSINESS
8.a. Zoning Ordinance Text Amendment for Alternative Energy Systems, Case 13-27-TA
Community Development Director Lindquist provided a summary of the changes made to the
proposed ordinance after City Council review on September 3,2013. She provided additional
information regarding solar standards in other communities, screening and setbacks.
Council Member Demuth questioned the permit process for a resident to add solar panels to a roof.
Ms. Lindquist explained the building permit process. Mayor Droste stated that he did not support
the screening on the east side unless development was within a certain distance such as 500 feet.
Ms. Lindquist explained the condition of the screening from public view. Discussion was held
regarding the screening requirements. Council Member Weisensel requested that staff research the
requirements for the Wright-Hennepin Cooperative.
City Council requested more clarity on the screening requirements to ensure the ordinance did not
create abnormal hurdles in the rural areas.
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.B. 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- 230
AN ORDINANCE AMENDING THE
CITY OF ROSEMOUNT ZONING ORDINANCE B
RELATING TO SOLAR COLLECTORS WITH SCREENING STANDARDS
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 11-2-12: Satellite dishes and solar collectors shall be permittcd in all districts and subject to
e :. : , 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 SYS'T'EM, 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.
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, 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 Agricultural, Residential, PI —
Public and Institutional, and Industrial districts. 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.
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.
3
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,
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 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:
C. Accessory Uses:
4
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 or grounded-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 or grounded-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 or grounded-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:
Satellite dishes and Roof-mounted or grounded-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 or grounded-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:
Satellite dishes and Roof-mounted or grounded-mounted solar collectors energy systems, subject
to section 11-2-12 of this title.
5
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:
Satellite dishes and 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 collectors 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 collector& energy systems, subject
to section 11-2-12 of this title.
E. Interim Uses:
6
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:
Satellite dishes and Roof-mounted or grounded-mounted solar collector'. 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
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 solar 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.
ENACTED AND ORDAINED into an Ordinance this day of ,2014.
CITY OF ROSEMOUNT
William H. Droste,Mayor
ATTEST:
Amy Domeier, City Clerk
Published in the Rosemount Town Pages this day of , 2014.
8
City of Rosemount
Ordinance No. 230
AN ORDINANCE AMENDING THE
CITY OF ROSEMOUNT ZONING ORDINANCE B
RELATING TO SOLAR COLLECTORS WITHOUT SCREENING STANDARDS
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:
: . . ! -. : , . . 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.
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, 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 Agricultural, Residential, PI —
Public and Institutional, and Industrial districts. 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. 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.
7. Feeder Lines. All power lines shall be placed underground within the interior of each parcel.
8. 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.
9. Compliance with State Electric Code. All photovoltaic systems shall comply with the
Minnesota State Electric Code.
10. Compliance with State Plumbing Code. Solar thermal systems shall comply with applicable
Minnesota State Plumbing Code.
3
11. 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.
12. 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.
13. 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.
14. 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.
15. 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 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:
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:
4
Satellite dishes and Roof-mounted or grounded-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 or grounded-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 or grounded-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:
Satellite dishes and Roof-mounted or grounded-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 or grounded-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:
Satellite dishes and Roof-mounted or grounded-mounted solar collectora 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.
5
Section 11. Rosemount Zoning Ordinance B, Section 11-4-11: Downtown District is
hereby amended as follows:
C. Accessory Uses:
Satellite dishes and Roof-mounted solar collcctora 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 dishea and Roof-mounted solar collectors energy systems, subject to section 11-2-12 of
this tide.
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 collectora 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 16. Rosemount Zoning Ordinance B, Section 11-4-16: General Industrial
District is hereby amended as follows:
C. Accessory Uses:
6
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 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
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 eelleet-er-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 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
twenty five feet (25') in addition to the maximum height permitted for the district, provided
7
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 solar 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 p d and assa publication according to law.
p g g
ENACTED AND ORDAINED into an Ordinance this day of , 2014.
CITY OF ROSEMOUNT
William H. Droste,Mayor
ATTEST:
Amy Domeier, City Clerk
Published in the Rosemount Town Pages this day of , 2014.
8
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO. 2014 -
A RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. B-230
AMENDING THE CITY OF ROSEMOUNT ZONING ORDINANCE B
RELATING TO 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-230
amending the City of Rosemount Zoning Ordinance B relating to solar collectors; and
WHEREAS, Minnesota Statutes, Section 412.191 Subd. 4 allows ublication by title and
p y
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
c B-230 to be published in
tY g �' P
the official newspaper in lieu of the entire ordinance:
Public Notice
During their February 18, 2014 meeting,the City Council of the City of Rosemount adopted
Ordinance No. B-230. The ordinance amends Ordinance B,the Zoning Ordinance relating
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.
NOW,THEREFORE, BE IT FURTHER RESOLVED, that a copy of Ordinance No.
B-230 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 2014 -
ADOPTED this 18th day of February,2014,by the City Council of the City of Rosemount.
William H. Droste, Mayor
ATTEST:
Amy Domeier, City Clerk
Comparison of and Solar Energy Systems Standards
Category Rosemount Rockford
Exemptions Passive and building integrated solar energy systems Same
Uses Roof-mounted= accessory use in all districts. Roof-mounted= accessory use in all districts.
Ground-mounted= accessory use in the agricultural, Ground-mounted= conditional use permit,prohibited in
residential,public and institutional,and industrial districts. the Central Business District,limited to rear yards in
Community solar gardens or solar farms =interim use permit residential zones
(IUP) in the agricultural,public and institutional and industrial
districts outside MUSA.
Height Roof-mounted= maximum height in applicable zoning district. Roof and ground-mounted systems =maximum height in
Panel may project up to 3 feet above roof. applicable zoning district
Ground Mounted= 15 feet
Aesthetics Panels shall blend into architecture provided it does not reduce Roof-mounted systems shall use colors that are the same or
efficiency. Reflection angles shall be oriented away from similar to roof.
neighboring windows. Screening may be required to address
glare.
Screening Roof-mounted systems in non-residential districts and All systems shall be screened from any residential district to
ground-mounted,community solar,or solar farms shall be the extent that it does not interfere with operation. No
screened from the public right-of-way without reducing screening required from public right-of-way.
efficiency by setback,berm,landscaping or wall
Coverage Roof-mounted systems = 80 percent of the south facing roof No coverage standard for roof-mounted.
and ground-mounted systems to the maximum lot coverage of Ground-mounted in residential= 120 square feet,non-
the applicable zoning district. residential 5% of lot area.
Setbacks Based on applicable zoning district and type of structure Front= applicable zoning district
(principal or accessory) on which it is located. Side and Rear= 10 feet
Feeder Lines Must be placed underground Same
Other Codes Must comply with building,electrical and plumbing codes Same
Certification Must be certified by the appropriate authorizing agency Same
Utility Grid connected systems shall have an agreement with the local Same
Connection utility company prior to the city issuing a permit and provide an
external disconnect if required by the utility.
Abandonment System inoperable for more than one year shall be removed at Same
owner's expense.
Permit Roof and ground-mounted= building permit Roof-mounted=building permit
Community solar gardens or solar farms =interim use permit Ground-mounted= Conditional use permit(CUP)
(IUP)
Deviation Variance Conditional use permit(CUP)
III
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8' _HEARTLAND SOLAR PROJECT
ENGINEERING WRIGHT HENNEPIN COOPERATIVE
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Zoning Map 4 ROSEMOUNT
Residential: Commercial: Industrial: Other: m PUD The Zoning Designations on this Map should be interpreted in light
O RR-Rural Residential 0 C1-Convenience Commercial —BP-Business Park 0 AGP-Agricultural Preserve 0 Mississippi River Critical Area 8 MNRRA Corridor of the accompanying text and polices contained in the complete
O R1-Low Density Residential O DT-Downtown District 0 IP-Industrial Park 0 AG-Agricultural Railroad Rosemount Zoning Ordinance. Zoning Designations subject to
O R1A-Low Density Residential •C3-Highway Service Commercial 0 GI-General Industrial IN PI•Public/Institutional 42020 MUSA Line change as part of the City's ongoing planning process.
O R2-Moderate Density Residential IS C4-General Commercial •HI-Heavy Industrial •FP-Flood Plain 4102030 MUSA Line Data Sources:
Q R3-Medium Density Residential •WM-Waste Management 8 Dakota County Land Surveyors and Office of Geographic Information Systems
em R4-High Density Residential 0 w-Water ,, City of Rosemount Community Development and Engineering/Public Works Departments
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