Subd. 1. Purpose. It is the goal of the city to provide a sustainable quality of life for the city’s residents, making careful and effective use of available natural, human, and economic resources and ensuring that resources exist to maintain and enhance the quality of life for future residents. 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 subsection 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; and
4. To encourage alternative energy development in locations where the technology is viable and environmental, economic, and social impacts can be mitigated.
Subd. 2. Geothermal Systems.
1. Zoning Districts. Geothermal systems in accordance with the standards in this subsection are allowed as a permitted administrative use in all zoning districts.
2. Standards.
a. System Requirements.
i. Only closed loop geothermal systems utilizing heat transfer fluids as defined in subsection 1001.02 are permitted. Open loop geothermal systems are not permitted.
ii. Geothermal systems in public waters may be permitted in business, industrial, or R-3 Districts as an interim use in accordance with subsection 1002.09 subject to approval from the State Department of Natural Resources.
iii. Geothermal systems in water bodies owned or managed by the city may be permitted in business, industrial or R-3 Districts as an interim use in accordance with subsection 1002.09 subject to approval from the State Department of Natural Resources.
b. Setbacks.
i. All components of geothermal systems including pumps, borings, and loops shall be set back at least five feet from interior side lot lines and at least ten feet from rear lot lines.
ii. Above ground equipment associated with geothermal systems shall not be installed in the front yard of any lot and shall meet all required setbacks for the applicable zoning district.
c. Easements. Geothermal systems shall not encroach on public drainage, utility roadway, or trail easements.
d. Noise. Geothermal systems shall comply with State Pollution Control Agency standards outlined in M.S. Chapter 7030, as it may be amended from time to time.
e. Screening. Geothermal systems are considered mechanical equipment and subject to the requirements of subsection 1006.06.
3. Safety. Geothermal systems shall meet the requirements of the State Building Code.
4. Abandonment. If the geothermal system remains nonfunctional or inoperative for a continuous period of one year, the system shall be deemed to be abandoned and shall constitute a public nuisance. The owner shall remove the abandoned system at their expense after a demolition permit has been obtained in accordance with the following: the heat pump and external mechanical equipment shall be removed.
5. Permits. A building permit shall be obtained for any geothermal system prior to installation.
Subd. 3. Solar Energy Systems.
1. Roof- or Building-Mounted Solar Energy Systems. Systems which are accessory to the principal land use, designed to supply energy for the principal use. Roof- or building-mounted solar energy systems shall be regulated as follows.
a. Roof- or building-mounted solar energy systems are permitted accessory uses in all districts in which buildings are permitted.
b. All roof- or building-mounted solar energy systems shall meet the standards of the State Building Code and the owner or contractor shall receive a building and/or mechanical permit before installing a roof- or building-mounted solar energy systems. Roof- or building-mounted solar energy systems are subject to the accessory use standards for the district in which it is located, including setback, height, and impervious surface coverage limits.
c. Color. All roof- or building-mounted solar energy systems shall use colors that are the same or similar with the color of the building or roof material of the building on which the system is mounted.
d. Roof- or building-mounted solar energy systems shall not exceed the maximum allowed height in any zoning district and shall not extend beyond the perimeter of the roof line of the building on which it is mounted. For purposes of height measurement, roof- or building-mounted solar energy systems other than building-integrated systems shall be considered to be mechanical devices and are restricted consistent with other building-mounted mechanical devices for the zoning district in which the system is being installed.
e. Roof-mounted solar energy systems shall be placed on the roof to limit visibility from the public right-of-way or to blend into the roof design, provided that minimizing visibility still allows the property owner to reasonably capture solar energy.
f. Roof-mounted solar energy systems exceeding the applicable zoning district height may be approved with a conditional use permit.
g. Solar energy systems shall be screened from view to the extent possible without reducing their efficiency, but are exempt from the strict requirements of subsection 1006.06. Screening may include walls, fences, or landscaping.
2. Standards for Ground-Mounted Solar Energy Systems as an Accessory Use.
a. Ground-mounted solar energy systems are a permitted accessory uses in all districts in which buildings are permitted except for the Downtown District.
b. In residential zoning districts, ground-mounted solar energy systems shall be limited to a maximum area consistent with the accessory structure limitations in subsection 1005.01 or no more than 25% of the rear yard, whichever is less. In other zoning districts, ground-mounted solar energy systems as a permitted accessory use shall not encompass more than 10% of the total property area or lot size.
c. All ground-mounted solar energy systems shall meet the standards of the State Building Code, and the owner or contractor shall receive a building and/or mechanical permit before installing a ground-mounted solar energy systems. Ground-mounted solar energy systems are subject to the accessory use standards for the district in which it is located, including setback, height, and impervious surface coverage limits.
d. The city does not consider the collector surface of a ground- mounted solar energy system that is not in a DNR designated Shoreland District as impervious surface. Any collector surface of a ground-mounted solar energy system’s foundation that is in a DNR designated Shoreland District or other component of the solar installation that rests on the ground is considered impervious surface.
e. The height of a ground-mounted solar energy system shall not exceed 15 feet at maximum tilt.
f. Ground-mounted solar energy systems, including any appurtenant equipment, shall be set back a minimum of 15 feet from all property lines and a minimum of 30 feet from all buildings located on adjacent lots. Shoreland District setbacks shall apply.
g. Ground-mounted solar energy systems shall only be located in the following areas in each district.
District | Location |
Business/Commercial | Front, side, or rear yard |
Downtown Design District | Not allowed in Central Business District Zone |
Industrial | Front, side, or rear yard |
Residential Districts | Rear yard |
TOD | Midway or Transition Zones |
h. Ground-mounted solar energy systems shall not encroach upon drainage and utility easements or trail easements.
i. The electrical collection system shall be placed underground within the interior of each parcel. The collection system may be placed overhead near substations or points of interconnection to the electric grid.
j. Solar energy systems shall be screened from view to the extent possible without reducing their efficiency, but are exempt from the strict requirements of subsection 1006.06. Screening may include walls, fences, or landscaping.
k. 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.
3. Standards for Community Solar Energy Systems (Solar Garden).
a. Community solar energy systems shall be allowed as an interim use in the Future Restricted Development (AG) and shall be processed according to the standards of subsection 1002.09.
b. Community solar energy systems shall not have a generating capacity of more than five megawatts.
c. Community solar energy systems shall be on properties of at least five acres in size.
d. The city prohibits all community solar energy systems within:
i. The Shoreland Overlay District, as designated on the city zoning map;
ii. Wetlands to the extent required by the State Wetland Conservation Act of 1991, being M.S. §§ 103A.201 et seq., as it may be amended from time to time;
iii. Within 600 feet of areas designated or formally protected from development by federal, state, or county agencies as wildlife habitat, wildlife management areas, or designated as national wild and scenic land or corridor;
iv. The Floodway District and the Flood Fringe District;
v. Residential Districts, Business Districts;
vi. All drainage and utility easements; and
vii. Two hundred feet of a principal structure existing at the time the interim use permit is issued.
e. An interconnection agreement must be submitted to the utility company and proof be provided to the city that the utility company has deemed the agreement complete.
f. All structures must meet the setback, height, and coverage limitations for the zoning district in which the system is located, except as otherwise stated in this section.
g. Solar energy systems shall be screened from view to the extent possible without reducing their efficiency, but are exempt from the strict requirements of subsection 1006.06. Screening may include walls, fences, or landscaping.
h. The owner or operator shall be required to submit to the city, as part of the interim use permit application, a detailed site plan showing both existing and proposed conditions. These plans shall show the location of all areas where solar arrays would be placed, the existing and proposed structures, property lines, access points, fencing, landscaping, surface water drainage patterns, floodplains, wetlands, the ordinary high water mark for all waterbodies, any other protected resources, topography, electric equipment, and all other characteristics requested by the city.
i. All community solar energy systems shall meet the standards of the State Building Code and all applicable local, state, and federal regulatory standards. The owner or contractor shall receive a building and/or mechanical permit before installing a community solar energy systems. Community solar energy systems are subject to the accessory use standards for the district in which it is located, including setback, height, and impervious surface coverage limits.
j. The owner or operator of the community solar energy systems must submit to the city a detailed emergency shutdown plan as part of the review process.
k. Signage shall be posted at all entrance points to the property the community solar energy system is located on that includes, at a minimum, the owner and operator’s name, contact information, and emergency phone numbers. All signage shall meet the requirements of Chapter 13 of City Code.
l. The manufacturer’s engineer or another qualified engineer shall certify that the foundation and design of the solar panels meets the accepted professional standards, given local soil and climate conditions.
m. Power and communication lines running between banks of solar panels and to electric substations or interconnections with buildings shall be buried underground on premises. The city may grant exemptions to this requirement in instances where shallow bedrock, watercourses, or other elements of the natural landscape interfere with the ability to bury lines.
n. The city requires the owner or operator to submit a decommissioning plan for community solar energy systems to ensure that the owner or operator properly removes the equipment and facilities upon the end of project life or after their useful life. The owner or operator shall decommission the solar panels in the event they are not in use for 12 consecutive months. The plan shall include provisions for the removal of all structures and foundations, the removal of all electrical transmission components, the restoration of soil and vegetation, and a soundly based plan ensuring financial resources will be available to fully decommission the site. The disposal of structures and/or foundations shall meet all federal, state, and local requirements. The city may require the owner or operator to provide a current day decommissioning cost estimate and shall post a bond, letter of credit, or establish an escrow account, including an inflationary escalator, in an amount determined by the City Council, to ensure proper decommissioning.
4. Standards for Solar Farms.
a. Solar farms shall be permitted as an interim use in the Future Restricted Development (AG) District, and shall be processed according to the standards of subsection 1002.09.
b. Solar farms shall be on properties of at least five acres in size.
c. Storm water management and erosion and sediment control shall meet the requirements of the city and best management practices.
d. The city prohibits solar farms within:
i. The Shoreland Overlay District, as designated on the city zoning map;
ii. Wetlands, to the extent required by the State Wetland Conservation Act, as it may be amended from time to time;
iii. Within 600 feet of areas designated or formally protected from development by federal, state, or county agencies as wildlife habitat, wildlife management areas, or designated as national wild and scenic land or corridor;
iv. The Floodway and Flood Fringe Districts;
v. All zoning districts except Future Restricted Development (AG) District;
vi. All drainage and utility easements; and
vii. Within 200 feet of a principal structure existing at the time the interim use permit is issued.
e. An interconnection agreement must be submitted to the utility company, and proof be provided to the city that the utility company has deemed the agreement complete.
f. All structures must meet the setback, height, and coverage limitations for the zoning district in which the system is located, except as otherwise stated in this section.
g. Solar energy systems shall be screened from view to the extent possible without reducing their efficiency, but are exempt from the strict requirements of subsection 1006.06. Screening may include walls, fences, or landscaping.
h. The manufacturer’s engineer or another qualified engineer shall certify that the foundation and design of the solar panels meets the accepted professional standards, given local soil and climate conditions.
i. Power and communication lines running between banks of solar panels and to electric substations or interconnections with buildings shall be buried underground on premises. The city may grant exemptions to this requirement in instances where shallow bedrock, watercourses, or other elements of the natural landscape interfere with the ability to bury lines.
j. The owner or operator shall be required to submit to the city, as part of the interim use permit application, a detailed site plan showing both existing and proposed conditions. These plans shall show the location of all areas where solar arrays would be placed, the existing and proposed structures, property lines, access points, fencing, landscaping, surface water drainage patterns, floodplains, wetlands, the ordinary high water mark for all waterbodies, any other protected resources, topography, electric equipment, and all other characteristics requested by the city.
k. All solar farms shall meet the standards of the State Building Code and all applicable local, state, and federal regulatory standards. The owner or contractor shall receive a building and/or mechanical permit before installing a solar farm. Solar farms are subject to the accessory use standards for the district in which it is located, including setback, height, and impervious surface coverage limits.
l. The owner or operator of the solar farm must submit to the city a detailed emergency shutdown plan as part of the review process.
m. The city may allow the installation of small operations, security, and equipment buildings on the site of solar farms as permitted accessory uses to the solar farm.
n. The owner or operator shall contain all unenclosed electrical conductors located above ground within structures that control access. In addition, solar farms shall be protected from entry by a minimum four-foot tall fence.
o. Signage shall be posted at all entrance points to the property the solar farm is located on that includes at a minimum, the owner and operator’s name, contact information, and emergency phone numbers. All signage shall meet the requirements of Chapter 13 of the City Code.
p. The solar farm owner or operator shall provide access to the City Fire Department either in the form of a lock or key to all access points to the property the solar farm is located on.
q. Solar farms which have a generating capacity of 50 megawatts or more shall fall under the permitting jurisdiction of the State Public Utilities Commission (PUC).
r. The city requires the owner or operator to submit a decommissioning plan for solar farms to ensure that the owner or operator properly removes the equipment and facilities upon the end of project life or after their useful life. The owner or operator shall decommission the solar panels in the event they are not in use for 12 consecutive months. The plan shall include provisions for the removal of all structures and foundations, the removal of all electrical transmission components, the restoration of soil and vegetation, and a soundly based plan ensuring financial resources will be available to fully decommission the site. The disposal of structures and/or foundations shall meet all applicant, federal, state, and local requirements. The city may require the owner or operator to provide a current-day decommissioning cost estimate and shall post a bond, letter of credit, or establish an escrow account, including an inflationary escalator, in an amount determined by the City Council, to ensure proper decommissioning.
5. Additional Standards. In addition to the standards outlined above, all solar energy systems shall meet the following standards.
a. The owners or operators of solar energy systems that are connected to the electric distribution or transmission system, either directly or through the existing service of the primary use on the site, shall obtain an interconnection agreement with the electric utility in whose service territory the system is located. Off-grid systems are exempt from this requirement.
b. Electric solar energy system components that are connected to a building electric system must have an Underwriters Laboratory (UL) listing.
c. All solar energy systems shall meet the standards of the State and National Electric Code.
d. All solar energy systems using a reflector to enhance solar production shall minimize glare from the reflector that affects adjacent or nearby properties. Steps to minimize glare nuisance may include selective placement of the system, screening on the north side of the solar array, reducing use of the reflector system, or other remedies that limit glare.
e. Any solar energy system which is inoperable for 12 successive months shall be deemed to be abandoned and shall be deemed a public nuisance. The owner shall remove the abandoned system at their expense after obtaining a demolition permit.
f. A building permit shall be obtained for any solar energy system prior to installation.
g. All solar energy systems shall meet all federal and state requirements, including the Public Utilities Commission (PUC) requirement and size requirements.
Subd. 4. Wind Energy Conversion Systems (WECS).
1. Residential Zoning Districts.
a. WECS shall be permitted as an accessory use, which conditions shall include, but are not limited to, the following:
i. For lots under two acres in size, WECS shall be roof-mounted;
ii. Height shall be limited to that of applicable zoning district regulation; and
iii. Minimum separation between the ground and the bottom of blade shall be eight feet.
b. Conditional use permit required for any WECS, which conditions shall include, but are not limited to, the following:
i. For lots under two acres in size, any roof-mounted WECS exceeding the allowed zoning district height regulation;
ii. For lots over two acres and under 20 acres in size, WECS shall be roof-mounted or attached to a monopole in the rear yard that is under 100 feet in height;
iii. For lots 20 acres and over, WECS shall be roof-mounted or attached to a monopole that may be over 100 feet in height;
iv. Lot line setbacks shall be equal to maximum turbine blade height. If over 100 feet in height, the setback shall be as follows: for each foot over 100, add an additional half foot to the setback from residentially zoned lot line; and
v. Shoreland District setbacks shall apply to all lots located within the Shoreland Overlay District.
2. Non-Residential Zoning Districts.
a. Permitted accessory use if under 100 feet in height.
b. Conditional use if over 100 feet in height and/or more than one pole mounted on a lot.
c. Minimum separation between the ground and the bottom of the blade shall be eight feet.
d. Lot line setbacks shall be equal to maximum turbine blade height. If over 100 feet in height, the setback shall be as follows: for each foot over 100, add an additional half foot to the setback from residentially zoned lot line.
e. Shoreland District setbacks shall apply.
f. No limit on the number of roof-mounted turbines.
3. TOD District.
a. For lots within the Station Zone, roof-mounted WECS shall be permitted as an accessory use and subject to zoning height restrictions. Limit one roof-mounted turbine per building.
b. For lots within the Midway and Transition Zone:
i. Permitted accessory use if under 100 feet in height;
ii. Conditional use if over 100 feet in height and/or more than one pole mounted on a lot;
iii. Lot line setbacks shall be equal to maximum turbine blade height. If over 100 feet in height, the setback shall be as follows: for each foot over 100, add an additional half foot to the setback from residentially zoned lot line;
iv. Shoreland District setbacks shall apply; and
v. Limit one roof-mounted turbine per building allowed in Midway Zone. No limit on the number of roof-mounted turbines in the Transition Zone.
4. Downtown Design District. Roof-mounted WECS shall be permitted as an accessory use and subject to zoning height restrictions. Limit one roof-mounted turbine per building.
5. For all zoning districts:
a. Freestanding towers, where permitted, shall be of monopole design;
b. All WECS shall be equipped with an automatic overspeed control device as part of the design;
c. All WECS shall comply with State Pollution Control Agency noise standards outlined in Minn. Rules Chapter 7030, as it may be amended from time to time;
d. Minimum blade clearance to ground of 30 feet for pole-mounted horizontal turbines;
e. Setbacks along public land may be waived or reduced at the discretion of public body in ownership of said land, subject to the review and approval of the City Council;
f. All applicable provisions of Chapter 9 of this Code, including, but not limited to, the applicable provisions of the state building codes therein adopted, shall be complied with, in addition to those requirements set out in this Section and Chapter 10;
g. Prior to the issuance of a permit, the applicant shall provide, among other things, to the city documentation or other evidence from the dealer or manufacturer that the wind energy conversion system has been successfully operated in atmospheric conditions and is warranted against any systems failures under reasonably expected severe weather operating conditions as established by the director of fire and building inspection services. The applicant shall also provide, among other things, to the city documentation that the tower structure for the system has received a professional engineer’s certification;
h. WECS tower foundations shall be designed to resist two times the wind uplift calculated pursuant to the Uniform Building Code as adopted by the city and shall have a professional engineer’s certification;
i. No WECS tower shall be constructed within 20 feet laterally of an overhead electrical power line (excluding secondary electrical service lines or service drops). The setback from underground electric distribution lines shall be at least five feet;
j. No WECS or support tower of any kind shall be erected anywhere within the city without first making an application for and obtaining from the city a permit therefore which shall not be granted unless all requirements of this Section are met and the proposed use will not be harmful to the public health, welfare, and safety;
k. For all WECS towers, effective measures shall be taken to prevent public interference and to place the tower in a substantially non-climbable condition. Effective measures include removal of climbing rungs or ladders from the bottom eight feet of the tower. The intention shall be to prevent climbing of the tower by unauthorized persons;
l. Except for illumination devices required by FAA regulations and residential lighting in compliance with city codes, no WECS or tower shall have affixed or attached to it in any way any sign (does not include equipment labels), banner, or placard of any kind, except for one sign, not to exceed two square feet, which displays suitable warning of danger to unauthorized persons, the system’s manufacturer, and emergency shut-down procedures;
m. All WECS shall comply with all applicable Federal Communications Commission regulations, as amended;
n. All WECS shall comply with all applicable Federal Aviation Administration regulations, as amended;
o. The interface of a wind energy conversion system with the consumer’s electric service shall be pursuant to all applicable federal and state regulations. The city encourages the owner to notify his or her local electric utility company in advance and requests that both parties regulate their activities in a cooperative manner; and
p. If the WECS 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 mechanical equipment.