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 section 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 title, 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 Minnesota 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 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.
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, 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, 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, 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 ENERGY SYSTEM, ROOF MOUNTED: A solar energy system mounted directly or abutting the roof of a principal or accessory building.
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 (4) hours between the hours of nine o'clock (9:00) A.M. and three o'clock (3:00) P.M. standard time on any day of the year.
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 some 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 are mounted and may encroach those setbacks per subsection 11-5-2C1a, "Special Structural Elements", of this title. 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 mounted 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 a solar panel in any residential district shall not be more than three feet (3'), measured in a straight line, above the roof upon which the panel is mounted. This three foot (3') height limitation does not apply to roof mounted solar energy systems located in nonresidential districts or on nonresidential uses. Ground mounted solar energy systems shall not exceed fifteen feet (15') 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 located in nonresidential districts or on nonresidential uses shall be screened in accordance with the requirements of section 11-2-5 of this chapter 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 public right of way to the extent possible without reducing their efficiency by setback, berming, landscaping, walls or a combination thereof.
7. Coverage: Roof mounted solar energy systems shall not cover more than eighty percent (80%) of the south facing or flat roof upon which the panels are mounted and shall be set back a minimum of one foot (1') from the edge of the roof. The surface area of ground mounted 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.
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. (Ord. B-231, 3-4-2014)