(A) Zoning districts. Ground source heat pump systems in accordance with the standards in this section are allowed as a permitted accessory use in all zoning districts.
(B) Standards.
(1) System requirements.
(a) Only closed loop ground source heat pump systems utilizing heat transfer fluids as defined in § 152.75(C) are permitted. Open loop ground source heat pump systems are not permitted.
(b) Ground source heat pump systems in public waters may be permitted as a conditional use in accordance with § 152.81 subject to approval from the Minnesota Department of Natural Resources in accordance with Minn. Rules § 6115.0211, Subp. 6b and subject to written consent of all property owners and/or approval by an association in accordance with its adopted bylaws.
(2) Setbacks.
(a) All components of ground source heat pump 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.
(b) Above-ground equipment associated with ground source heat pumps shall not be installed in the front yard of any lot or the side yard of a corner lot adjacent to a public right-of-way and shall meet all required setbacks for the applicable zoning district.
(3) Easements. Ground source heat pump systems shall not encroach on public drainage, utility, roadway or trail easements, or any other public easements.
(4) Noise. Ground source heat pump systems shall comply with Minnesota Pollution Control Agency standards outlined in Minn. Rules Chapter 7030, as amended, and city code.
(5) Screening. Ground source heat pumps are considered mechanical equipment and in order to suppress noise and hide from public view materials and designs matching those used for the structure will be incorporated into a plan design. Where miscellaneous exterior equipment cannot be fully hidden with matching building materials, landscaping may be used as additional screening. Screening remains subject to the requirements of the applicable zoning district.
(C) Safety. Ground source heat pumps shall be certified by Underwriters Laboratories, Inc. and meet the requirements of the State Building Code.
(D) Abandonment. If the ground source heat pump 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:
(1) The heat pump and any external mechanical equipment shall be removed.
(2) Pipes or coils below the land surface shall be filled with grout to displace the heat transfer fluid. The heat transfer fluid shall be captured and disposed of in accordance with applicable state and federal regulations. The top of the pipe, coil or boring shall be uncovered and grouted.
(E) Permits. Those permits as required, and a conditional use permit if required, shall be obtained for any ground source heat pump system prior to installation. Borings for vertical systems are subject to approval from the Minnesota Department of Public Health.
(Ord. 547, passed 9-27-2011) Penalty, see § 10.99