7.b 3 Ordinance 193 - regulating accessory solar energy systemsCITY OF SCANDIA
ORDINANCE NO. 193
AN ORDINANCE AMENDING
ORDINANCE NO. 122, THE SCANDIA DEVELOPMENT CODE,
CHAPTER 1, SECTION 4.2 — DEFINITIONS AND CHAPTER 2, SECTION 4.33 --
PASSIVE SOLAR ENERGY SYSTEMS
The City Council of the City of Scandia, Washington County, Minnesota hereby ordains:
Section 1. Amendment. Ordinance No. 122, the City of Scandia Development Code
("Development Code" or "Code"), Chapter One, Section 4.2, Definitions, shall be amended to
add the following definitions:
(1) 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.
(2) Solar Energy: Radiant energy received from the sun that can be collected in the form
of heat or light by a solar collector.
(3) Solar Energy System (SES): 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 heating or cooling, electricity
generation, or water heating.
(4) Solar Energy System, Building -Integrated: A solar energy system that is an integral
part of a principal 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.
(5) Solar Energy System, Ground -Mounted: A freestanding solar system mounted
directly to the ground using a rack or pole rather than being mounted on a building.
(6) 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.
Section 2. Amendment. Ordinance No. 122, the City of Scandia Development Code
("Development Code", or "Code"), Chapter Two, Section 4.33, Passive Solar Energy Systems,
shall be amended to read as follows:
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4.33 Solar Energy Systems (SES) Solar Energy Systems are a permitted accessory use in all
districts. As an accessory use, an SES is permitted to the extent that it operates primarily
to provide solar energy for the primary use and the permitted accessory uses on the
property on which it is located, and shall comply with the following requirements:
(1) Approvals required
(A) Building -integrated, passive solar, and roof -mounted SES are allowed as
uses in all zoning districts. Building -integrated and passive solar energy
systems are exempt from the requirements of this section and shall be
regulated as any other building element.
(B) One ground -mounted SES with a footprint up to a maximum eight
hundred square feet (800 sq. ft.) is allowed as an accessory use in all
zoning districts. A ground -mounted SES with a footprint that exceeds 800
sq. ft. shall require a conditional use permit.
(C) All SES require a building permit. A building permit application must be
submitted and approved by the building official before an accessory solar
energy system is installed. The information required and the procedure to
be followed for all SES applications shall be the same as that required for
a building permit. In addition, the applicant shall submit supplementary
information pertaining to the nature of the accessory solar energy system
including:
1. Total square footage of the solar energy system.
2. Total energy production for the site.
3. To scale horizontal and vertical (elevation) drawings.
4. Drawings must show the location of the system on the building or
on the property including the property lines and proposed
screening, if required.
(E) Performance Standards
1. Standards for all SES
a. Code Compliance. All SES shall comply with the
Minnesota State Building Code and Electrical Code.
b. Approved Solar Components. All SES components must
have an Underwriters Laboratories, Inc. (UL) listing.
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C. Solar Panel Glare. All SES shall be designed and located in
order to prevent reflective glare toward any inhabited
buildings on adjacent properties, as well as adjacent street
rights-of-way. Steps to control glare nuisance may include
selective placement of the system, screening on the side of
the solar array facing the reflectors, reducing use of the
reflector system, or other remedies that limit glare.
d. Utility Notification. No SES shall be installed until
evidence has been given to the City that the owner has
notified the utility company of the customer's intent to
install an interconnected customer -owned generator. Off -
grid systems are exempt from this requirement.
e. Safety Measures. A clearly -visible warning sign concerning
voltage must be placed at the base of all pad -mounted
transformers and substations. All mechanical equipment,
including any structure for batteries or storage cells, shall
be completely enclosed by a minimum eight (8) foot high
fence with a self-locking gate, and provided with screening
in accordance with the screen and landscaping provisions
of this Development Code.
f. Abandonment. If the solar energy system remains
nonfunctional or inoperative for a continuous period of
twelve (12) months, the system shall be deemed abandoned
and shall constitute a public nuisance. The owner shall
remove the abandoned system at their expense within
ninety (90) days. Removal includes the entire structure
including transmission equipment, structures and
foundations, and the restoration of soil and vegetation.
2. Roof -Mounted and Building -Mounted SES
a. Roof- and building -mounted SES are not accessory
structures and are excluded from the size and number
limitations for accessory structures in this Development
Code.
b. Building and roof -mounted SES shall comply with the
primary structure setbacks for the zoning district on which
the system is located.
C. Building and roof -mounted SES shall not exceed the
maximum allowed building height in any zoning district.
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d. Roof -mounted SES on commercial or industrial buildings
shall be installed so that they are compatible with the
building architecture.
e. Roof -mounted SES shall not extend beyond the perimeter
of the building on which the system is mounted or built.
Exterior piping for solar hot water systems shall be allowed
to extend beyond the perimeter of the building.
3. Ground -Mounted SES
a. One ground -mounted SES with a footprint up to a
maximum eight hundred square feet (800 sq. ft.) is allowed
as an accessory use in all zoning districts. A ground -
mounted SES with a footprint that exceeds 800 sq. ft. shall
require a conditional use permit.
b. Ground -mounted SES are excluded from the size and
number limitations for accessory structures permitted by
this Development Code.
C. Ground -mounted SES are excluded from the lot coverage
requirements of the Development Code if the area under
the SES is permanently vegetated.
d. Ground -mounted SES shall not exceed fifteen (15) feet in
height when oriented at maximum tilt.
e. Ground -mounted SES shall be screened from view from the
public right of way if. 1) the SES requires approval of a
CUP, 2) if the SES is placed on a parcel located on a
lakeshore, or 3) if the SES is located within one hundred
feet (100') of a roadway right-of-way. Screening maybe
accomplished by using setbacks, berming, existing
vegetation, landscaping, or a combination thereof.
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Section 3. Effective Date. This ordinance shall be in full force and effect upon its adoption and
publication according to law.
Passed and adopted by the City Council of the City of Scandia this 16th day of January, 2018.
Christine Maefsky, Mayor
ATTEST:
Neil Soltis, Administrator/Clerk
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