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HomeMy WebLinkAboutOrd. 502 - Solar EnergyCITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO, 502 AN ORDINANCE AMENDING THE CITY CODE TITLE 9, CHAPTER 15, RELATING TO SOLAR ENERGY SYSTEMS THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS FOLLOWS: CITY CODE TITLE 9 CHAPTER 15: SOLAR ENERGY SYSTEMS SECTION 9-15-1 Purpose and Intent 9-15-2 Definitions 9-15-3 Accessory Use 9-15-4 Exemptions 9-15-5 System Standards 9-15-1: PURPOSE AND INTENT: It is the goal of the city council for Andover 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. 9-15-2: DEFINITIONS: The following words, terms and phrases shall have the following meanings when used in this chapter: ALTERNATIVE ENERGY SYSTEM: An energy transfer of generating system such as ground source heat pump, wind or solar energy system. 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, 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, 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 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. 9-15-3: ACCESSORY USE: 1) Ground mounted solar energy systems shall be allowed in the R-1, Single Family Rural District as a permitted accessory use in accordance with the standards in this section. 2) Roof mounted solar energy systems shall be allowed as a permitted accessory use in all zoning districts in accordance with the standards in this section. 9-15-4: 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. 9-15-5: SYSTEM STANDARDS: 1) Electrical: a) All utilities shall be installed underground except the electrical lines for roof mounted units. b) An exterior utility disconnect switch shall be installed at the electric meter serving the property. c) Solar energy systems shall be grounded to protect against natural lightning strikes in conformance with the national electrical code as adopted by the city. d) No solar energy system shall be interconnected with a local electrical utility until the utility has reviewed and provided written approval for the interconnection. The interconnection of the solar energy system with the utility shall comply with the City Code and Minnesota State Building Code. e) All solar energy systems shall meet the standards of the Minnesota State Building Code. 2) Aesthetics: All solar energy systems shall be designed to blend into the architecture of the building to the extent possible without negatively impacting the performance of the system and to minimize glare towards vehicular traffic and adjacent properties. 3) Glare: The panels of ground mounted solar energy systems shall be placed and arranged such that reflected solar radiation or glare shall not be directed onto adjacent buildings, properties or roadways. Prior to the issuance of a permit for a ground mounted solar energy system, the permit applicant must provide an analysis demonstrating that the ground mounted system will not impact aesthetics of adjacent properties. 4) Location: a) Roof mounting: 1) The solar energy system shall comply with the maximum height requirements of the applicable zoning district. Roof mounted solar collectors shall be flush mounted on pitched roofs unless the roof pitch is determined to be inadequate for optimum performance of the solar energy system in which case the pitch of the solar collector may exceed the pitch of the roof up to 5% but in no case shall be higher than ten inches above the roof. Solar collectors on flat roofs may be bracket mounted. Commercial/Industrial collectors located on flat roofs shall be placed on the roof to limit the visibility from public right-of-ways and residential properties and meet the screening requirements of the City Code. 2) The solar energy system shall not extend beyond the perimeter of the exterior walls of the building on which it is mounted. b) Ground mounting: 1) The Solar energy systern Shall only he lo/,atea in theFeaF arrl a defined by this title 1) The solar energy system shall not be located in the front yard as defined by City Code Section 12-2-2. 2) The S„ lar enern.. S .Stem Shall he immited tea maximurR area of 2) All components of the solar energy system shall be set back a minimum of thirty feet (30') from interior side lot lines and rear lot lines, and shall otherwise be set back as required by City Code Section 12-6-5 for accessory structures. 3) The solar energy system shall not exceed fifteen feet (15') in height. FR;ROFR61FR of teR feet (IQ') ftem iRt8_.riA_F side- Int lines and FeaF 'Ot line.,; 4) The solar energy system shall be limited to a maximum ground coverage area based on parcel/lot area: i. Lots Less Than 3 Acres -- On parcels less than three (3) acres, the maximum ground mounted solar electric ground coveraqe area must not exceed four hundred (400) square feet. ii. Lots 3 Acres And Larger -- On parcels three (3) acres and larger, the maximum ground mounted solar electric _ground coverage area must neither exceed the foundation area of the residence (not including the attached garage), nor one thousand two hundred (1, 200) square feet whichever is less. 5) Solar energy systems shall not encroach upon drainage and utility easements. 5) Screening: Solar energy systems shall be screened in accordance with the requirements of Section 12-13-5 of the City Code to the extent possible without affecting their function. 6) Certification: The solar energy system shall be listed and labeled by an approved third -party testing agency SUGh a_Underwriters LabeFatOFies fws , and comply with the requirements of the Minnesota State Building Code. 7) Abandonment: If the solar energy system remains damaged, 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. 8) Building Permit: Permits as required by the Minnesota State Building Code shall be obtained for any solar energy system prior to installation. Adopted by the City Council of the City of Andover on this 2nd day of March, 2020. ATTEST: CITY OF ANDOVER Mi�Hartner, Deputy City Clerk J e Trude, Mayor, CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 502 SUMMARY AN ORDINANCE AMENDING CITY CODE TITLE 9, CHAPTER 15, RELATING TO SOLAR ENERGY SYSTEMS STATUTORY AUTHORIZATION AND POLICY Statutory Authorization This ordinance amendment is adopted pursuant to the authorization and policies contained in Minnesota Statute 412. Policy The purpose of these regulations is to protect the public health, safety and welfare. The proposed amendments to City Code, Title 9, Chapter 15 allow for and regulate larger ground mount solar energy systems in the City of Andover. GENERAL PROVISIONS AND DEFINITIONS Jurisdiction The provisions of this ordinance shall apply to the City of Andover. Enforcement The City Administrator or his/her designee shall have the authority to enforce the provisions of this ordinance. Interpretation Interpretation of the provisions of this ordinance shall be held to be the minimum requirements and shall be liberally construed in the favor of the governing body. A printed copy of this ordinance is available for inspection by any person during regular hours of the City Clerk. Adopted by the City Council of the City of Andover on this 2nd day of March, 2020. ATTEST: CITY OF ANDOVER Mich Ile Hartner, Deputy City Clerk J li Trude, Mayor