§ 153.108 ACCESSORY SOLAR ENERGY SYSTEMS.
   (A)   Definitions. For the purpose of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning:
      SOLAR ENERGY SYSTEM, ACCESSORY. Solar energy systems accessory to the principal land use, primarily designed to supply energy for the principal use.
      SOLAR ENERGY SYSTEM, ARCHITECTURALLY INTEGRATED. A solar energy system or component thereof that is an integral part of a building, rather than a separate mechanical device, replacing or substituting for an architectural component of the building including but not limited to systems that are contained within roofing materials, windows, and skylights.
      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.
      SOLAR ENERGY SYSTEM, PRINCIPAL. Solar energy systems designed to supply energy for off-site uses on the distribution grid, consistent with M.S. § 216B.1641 as may be amended, or any ground-mount solar energy arrays that are the principal use on the lot, designed for providing energy to off-site uses or export to the wholesale market. This definition includes solar farms and community solar gardens.
      SOLAR FARM. A commercial facility that converts sunlight into electricity, whether by photovoltaics (PV), concentrating solar thermal devices (CST), or other conversion technology, for the primary purpose of wholesale sales of generated electricity. A solar farm is the principal land use for the parcel on which it is located.
      SOLAR GARDEN, COMMUNITY. 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, consistent with M.S. § 216B.1641 or successor statute.
   (B)   Accessory solar energy systems.
      (1)   Accessory solar energy systems shall be a permitted accessory use in all zoning districts, provided that the system is in compliance with all applicable zoning regulations and building codes related to accessory uses.
      (2)   Solar farms, solar gardens, and other such installations are principal uses of property and not permitted within the city.
      (3)   The use of solar energy systems is subject to the restraints of the zoning regulations contained in this chapter and any existing vegetation.
      (4)   The effect of trees on the solar access of surrounding development shall be minimized to the greatest possible extent in selecting tree species and locating trees on public lands and along roadways. Whenever possible, every effort shall be made to avoid shading existing or proposed solar collectors.
      (5)   Reasonable care should be taken to protect the opportunity for the utilization of solar energy systems at all locations available.
      (6)   The city shall take affirmative actions to the extent possible to preserve solar access for all existing and future development.
      (7)   The city does encourage the use of private easements and restrictive covenants as a means to protect access to sunlight.
      (8)   Ground mounted accessory solar energy systems may be permitted in the UR, B-2, I-1, I-2, and PI districts when meeting the following standards:
         (a)   The system shall be screened from view from property in residential districts;
         (b)   The total ground area covered by the system is limited to 300 square feet on lots less than one acre in size. Lots between one and 1.99 acres in size may have up to 600 square feet. Lots over two acres in size may have up to 900 square feet;
         (c)   All systems shall meet the required setbacks for accessory structures and are not permitted in the front yard;
         (d)   The maximum height permitted is 15 feet at full tilt;
         (e)   The collector surface and any foundation, compacted soil, or other component of the solar installation that rests on the ground is considered impervious surface; and
         (f)   A system may be placed in the front yard meeting ½ the required setback for the principal structure when in receipt of a conditional use permit.
      (9)   Building mounted accessory solar energy systems are permitted in all districts in the following manner:
         (a)   All systems shall be flush mounted on peaked roofs;
         (b)   A maximum of 85% of the roof may be covered by systems unless architecturally integrated into features of the building;
         (c)   No system shall extend beyond the edge of the roof;
         (d)   All systems shall meet height regulations in the district;
         (e)   No system shall extend beyond 12 feet from the roof at maximum tilt on a flat roof. Mechanical screening shall be required on street facing sides of multi-family, commercial, and industrial buildings; and
         (f)   No residential accessory structure within the principal structure setback shall be permitted to have a roof mounted solar energy system except when in receipt of a conditional use permit.
      (10)   Utility notification. No solar energy system shall be installed until written evidence has been given to the Zoning Administrator establishing that the owner of the property upon which the system is located has notified the utility company of the intent to install an interconnected customer-owned generator. Off-grid systems are exempt from this requirement.
      (11)   Abandonment. A ground- or pole-mounted solar energy system shall be considered abandoned after one year without energy production. A solar energy system and its related accessory facilities shall be removed within 60 days after written notice by the city that the solar energy system has been deemed abandoned.
(Ord. 583, passed 8-26-2019)