HomeMy WebLinkAbout2010-11-23 CC Adopted Ordinance 2010-401-05 Affidavit of Publication i
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA
rni1NTY OF WASHINGTON
Julie Athey,
ich on pub- 1)All components of ground source heat pump systems being duly sworn on oath,says: that she is'
including pumps,borings and loops shall be set back at g y swo ' y
d from view least five(5)feet from interior side lot lines and at least ten and during all times herein states has been,
Icy. (10)feet from rear lot lines.
g- 2)Above-ground equipment associated with ground source Clerk of Sun Newspapers
nd-mount- heat pumps shall not be installed in the front yard of any Publisher of the newspaper known as the
mum lot lot or the side yard of a corner lot adjacent to a public
ions in right-of-way and shall meet all required setbacks for the Stillwater Gazette, a newspaper of
ies no applicable zoning district general circulation within the City of
for all c. Easements.Ground source heat pump systems shall not
encroach on public drainage,utility roadway or trail ease- Stillwater and the County of Washington.
rs that ments.
teflection d. Noise.Ground source heat pump systems shall comply with
gay from Minnesota Pollution Control Agency standards outlined in That the notice hereto attached was cut from
may be Minnesota Rules Chapter 7030.
e. Screening.Ground source heat pumps are considered the columns of said newspaper and was
be placed mechanical equipment and subject to the requirements of printed and published therein on the
collection Section 401.15.E.10.c.
or points of f. Deviations.Any deviation from the required standards of this following date(s):
ordinance may be permitted through a conditional use permit
rds of this in accordance with Section 401.17.D and Section 401.03 of
use permit this Ordinance.
401.03 of 3. Safety.Ground source heat pumps shall be certified by Underwriters 3rd of December 2010
Laboratories,Inc.and meet the requirements of the State Building
Code. Newspaper Ref./Ad#1026514
4. Abandonment.If the ground source heat pump system remains non-
'minimum functional or inoperative for a continuous period of one(1)year,the
chnical system shall be deemed to be abandoned and shall constitute a I
ding, public nuisance.The owner shall remove the abandoned system at '
SHRAE), their expense after a demolition permit has been obtained in actor- \.�..Lit�.f _A �•L...`/
1(BSI), dance with the following:
a. The heat pump and any external mechanical equipment shall
SO), be removed.
and b. Pipes or coils below the land surface shall be filled with grout Subscribed and sworn to before me this
ands as to displace the heat transfer fluid.The heat transfer fluid shall
be captured and disposed of in accordance with applicable 3rd day of December 2011
ified by regulations.The top of the pipe,coil or boring shall be uncov-
ered and grouted.
and c. Lake ground source heat pump systems shall be completely Mark Berriman i
pined by removed from the bottom of the body of water.
1t to deny 5. Permits.A building permit and a conditional use permit,if required,
ems shall be obtained for any ground source heat pump system prior to
installation.Borings for vertical systems are subject to approval from Ili
I have an the Minnesota Department of Public Health. NOTARY 'UBLIC -
of a 401.17.H. Conditional Use Permits.Application for a conditional use
be provid- permit under this sub-section shall be regulated by Section 401.03 of this
Ordinance.Such a conditional use permit may be granted provided that: Washington County,Minnesota
3tional or 1. That the deviation is required to allow for the improved operation of
stem shall the alternative energy system;
nuisance. 2. That the alternative energy system has a net energy gain; My commission expires January 31, 2011
rpense 3. That the alternative energy system does not adversely affect solar
udes the access to adjacent properties;
4. That the alternative energy system complies with all other engineer-
quired, ing,building,safety and fire regulations;
allation. 5. That the alternative energy system is found to not have any adverse
impacts on the area,including the health,safety and general welfare
with the of occupants of neighboring properties and users of public rights-of-
I lots at way;and
)istrict and 6. The provisions of Section 401.03.A.8 of this Ordinance shall be con-
e in the B- sidered and a determination made that the proposed activity is in ,
compliance with such criteria. : 46'44 '"E.':MARK EDWARD BERRIMAN•el District 401.17.1.Zoning District Allowance Summary Table.Solar energy sys- ' =il K NOTARY PUBLIC
1 feet from tems,wind energy systems and ground source heat pumps are allowed ... , '"3 = MINNESOTA
permitted as follows in each of the zoning districts as follows: ■ ',144',,Tot ,, My Commission Expires Jan.31,2011
JD,
Zoning District Solar Energy Wind Energy Ground Source
System System Heat Pumps
i is permit- 0 Open Space Permitted Permitted Permitted
Accessory Accessory Accessory
and the I _ 3 Acres Minimum
i0)feet is
eight up to R-1 Single Family Permitted Not Permitted Permitted
e permit- Accessory Accessory
1 401.17.D R-1A Single Permitted Not Permitted Permitted
ghway Family Accessory Accessory
R-18 Single Permitted Not Permitted Permitted
Stillwater Gazette•December 3,2010
Julie Athey,
CITY OF OAK PARK HEIGHTS g. Easements.Solar energy systems sha£not encroach on pub- 1)All components of ground source heat pump systems being duly S1
WASHINGTON COUNTY,MINNESOTA Iic.drainage,utility roadway or trail easements. including pumps,borings and loops shall be setback at g y
ORDINANCE NO.2010.401-06 h. Screening.Solar energy systems shall be screened from view least five(5)feet from interior side lot lines and at least ten , and during 1
AN ORDINANCE AMENDING CHAPTER 401,ZONING to the extent possible without reducing their efficiency. (10)feet horn rear lot lines. Clerk Of Sul
ORDINANCE TO ADD SECTION 401.17 ALTERNATIVE ENERGY Screening may Include walls,fences or landscaping. 2)Above-ground equipment associated with ground source
SYSTEMS ORDINANCE AND TO ADD ALLOWANCES FOR i. Maximum Area.In residential zoning districts,ground-mount- - heat pumps shall not be Installed in the front yard of any Publisher of
ENERGY.SYSTEMS IN THE ZONING DISTRICTS ed solar energy systems shall be limited to a maximum lot lot or the side yard of a corner lot adjacent to a public Stillwater G
THE CITY COUNCIL OF OAK PARK HEIGHTS ORDAINS: area consistent with the accessory structure limitations In right-of-way and shall meet all required setbacks for the
Section 401.15.114 of this Ordinance which specifies no applicable zoning district. general rim
SECTION 1.Section 401.17.Alternative Energy Systems Ordinance,of more than twenty five(25)percent of rear yard for all c. Easements.Ground source heat pump systems shell not
the Oak Park Heights.Zoning Ordinance,is hereby added to read as fol- structures. encroach on public drainage,utility roadway or trail ease-. Stillwater al
lows: j. Aesthetics.All solar energy systems shall use colors that : ments.
401.17.ALTERNATIVE ENERGY SYSTEMS ORDINANCE blend with the color of the roof orr other structure.Reflection S. Noise.Ground source heat pump systems shall comply with
401.17.A.Scope.This section of the Zoning Ordinance applies to all angles from collector surfaces shall be oriented away horn Minnesota Pollution Control Agency standards outlined in That the not
alternative energy systems in all zoning districts. neighboring windows.Where necessary,screening may be Minnesota Rules Chapter 7030. the columns 401.17.B.Purpose and Intent.It is the goal of the City,as expressed in required to address glare. e. Screening.Ground source heat pumps are considered
the Comprehensive:Plan,to the commitment of preservation of the envi- k. Feeder tines.The electrical collection system shall be placed mechanical equipment and subject to the requirements of printed and
ronment and to the principle that each generation of residents must meet underground within the interior of each parcel.The collection Section 401.15.E.10.c.
the needs of the present without compromising the ability of future resi- system may be placed overhead near substations or points of f. Deviations.Any deviation from the required standards of this following d£
dents to meet their own needs.In accordance with that goal,the City interconnection to the electric grid.- ordinance may be permitted through a conditional use permit
finds that It Is in the public interest to encourage alternative energy sys- I. Deviations.Any deviation from the required standards of this in accordance with Section 401.17.0 and Section 401.03 of
tams that have a positive impact on enemy production and conservation' Ordinance may be permitted through a conditional use permit this Ordinance.
while clot having an adverse impact on the community.Therefore,the par- in accordance with Section 401.17.D,and Section 401.03 of 3. Safety.Ground source heat pumps shall be certified by Underwriters A
poses of this Ordinance include: this Ordinance. Laboratories,Inc.end meet the requirements of the State Building 3 of Decen
1. To promote rather than restrict development of alternative energy 3. Safety. Code. Newspaper
sources by removing regulatory barriers and creating a clear regale- a. Standards and Certification: 4. Abandonment.If the ground source heat pump system remains non-
tory path for approving alternative energy systems. 1)Standards.Solar energy systems shall meet the minimum functional or inoperative for a continuous period of One(1)year,the
2.-To create a inane community where development Incorporates sus- standards outlined by the International Electrotechnical system shall be deemed to be abandoned and shall constitute s
telnable design elements such as resource and energy conservation Commission(IEC)the American Society of Heating, public nuisance.The owner shell remove the abandoned system at
and use of renewable energy. Refrigerating,and Air-conditioning Engineers(ASHRAE), their expense after a demolition permit has been obtained in actor- �.
3. To protect and enhance air quality,limit the effects of climate change ASTM International,British Standards Institution(BSI), dance with the following:
and decrease use of fossil fuels. - International Electrotechnical Commission(IEC), a. The heat pump and any external mechanical equipment shall
4. To encourage alternative energy development In locations where the International Organization for Standardization(ISO), be removed
technology Is viable and environmental,economic and social Underwriter's Laboratory(UL),the Solar Rating and b. Pipes or coils below the land surface shall be tilled with grout SUhSCrlbed
Impacts can be mitigated. Certification Corporation(SRCC)or other standards as to displace the heat transfer fluid.The heat transfer fluid shall
401.17.0.Definitions, determined by.the City Administrator. be captured end disposed of In accordance with applicable 3rd day of D
Alternative Energy Systeme Related/General Definitions: 2)Certification..Solar energy systems shall be certified by regulations,The top of the pipe,coil or boring shall be uncov-
1. Accessory:For the purposes of this section,means 5 system Underwriters Laboratories Inc.and the National ered and grouted.
designed as a secondary use to existing buildings or facilities, Renewable Energy Laboratory,the Solar Rating and c. Lake ground source heat pump systems shall be completely Mark Berri
wherein the power generated Is used primarily for on-site.consume- Certification Corporation or other body as determined by removed from the bottom of the body of water.
Lion. - the City Administrator.The City reserves the right to deny 5. Permits,A building permit and a conditional use permit if required,
2. Alternative energy system:A ground source heat pump,wind or a building permit for proposed solar energy systems shell be obtained for any ground source heat pump system prior to
solar energy system deemed to have inadequate certification. installation.Borings for vertical systems era subject to approval from
Alternative Energy Systems Related/Solar: b. Utility Connection.All grid connected systems shall have an the Minnesota Department of Public Health. NOT Y
3. Building-integrated solar energy system:A solar energy system that agreement with the local utility prior to the Issuance of a 401.17,H. Conditional Use Permits.Application for a conditional use
is an integral pert of a principal or accessory building,rather than a building permit.A visible external disconnect must be provid- permit under this sub-section shell be regulated by Section 401.03 of this
separate mechanical device,replacing or substituting for an erchitec- ed if required by the utility. Ordinance Such a conditional use permit may be granted provided that. Washingtoi
total or structural component of the building Including,but not limited 4. Abandonment.If the solar energy system remains nonfunctional or 1. That the deviation Is required to allow for the improved operation of
to,photovoltaic or hot water solar systems contained within roofing inoperative for a continuous period of one(1)year,the system shall the alternative energy system;
materials,windows,skylights and awnings. be deemed to be abandoned and shall constitute a public nuisance. 2. That the alternative energy system has a net energy gain; My COnlnn£
4. Flush-mounted solar energy system:A root-mounted system mount- The owner shall remove the abandoned system at their expense 3. That the alternative energy system does not adversely affect solar
ed directly abutting the roof.The pitch of the solar collector may after a demolition permit has been obtained.Removal includes the access to adjacent properties;
exceed the pitch of the roof up to five(5)percent but shall not be entire structure including transmission equipment. 4. That the alternative energy system complies with all other engineer-
higher than ten(10)Inches above the root. 5. Permits.A building permit and conditional use permit,if required, mg,building,safety and fire regulations;
5. Passive solar enemy system:A system that captures solar light or shall be obtained for any solar energy system prior to installation. 5. That the alternative energy system Is found to not have any adverse
heat without transforming It to another..form of energy or transferring 401.17.F.Wind.Energy Systems.. impacts on the area,.Including the health,safety and general welfare
the energy via a heat exchanger.. 1. Zoning District Allowances.Wind turbines In accordance with the of occupants of neighboring properties and users of public rights-of-
6.:Photovoltaic system:A solar energy system that converts solar ener- standards of this section are permitted accessory uses on lots at way;and
gy directly into electricity. least three(3)acres in the 0 Open Space Conservation District and 6. The provisions of Section 401.03.A.8 of this Ordinance shall be con-
7. Solar energy system:A device or structural design feature,a sub- the I Industrial District,and on lots at least 1.5 acres in size in the D. sidered and a determination made that the proposed activity is in
stant alpurpose of which Is to provide daylight for interior lighting or 3 Highway Business and Warehouse District,the B-W compliance with such criteria.
provide for the collection,storage and distribution of solar energy for BuslnessiWerehouse District,and.the Pd Public Institutional District 401.17.1.Zoning District Allowance Summary Table.Solar energy sys-
space heating or cooling,electricity generation or water heating. provided the wind turbine is located at least three hundred feet from tents,wind energy systems and ground source heat pumps are allowed
Alternative Energy Systems ReleteebWInd:Energy: a residential zoning district.Wind energy systems are not permitted as follows In each of the zoning districts as follows:
8. Horizontal axis wind turbine:A wind turbine design in which the rotor in any other zoning districts including all districts zoned PUD,
shaft Is parallel to the ground and the blades are perpendicular to Planned Unit Development. Zoning District Soler Energy "'Wind Energy -Ground Source
the ground. 2. Standards - - System .System Heat Pumps
9. Hub:The center of a wind generator rotor,which holds the blades in a. Number.No more than one(1)wind energy system is permit- o open Spec, Permitted Permitted Permitted
place and attaches to the shaft. - red per parcel. Accessory Accessory Accessory
I0. Hub height:The distance measured from natural grade to the center b. Height.In the 0 Open Space Conservation District and the I 3 Acres Minimum
of the turbine hub. Industrial District,a maximum hub height of sixty(60)feet is
11. Monopole tower:A tower constructed of tapered tubes that fit togeth- allowed as a permitted accessory use;additional height up to R 1 Single Family Permitted Not Permitted . Permitted
er symmetrically and are stacked one section on top of another and one hundred twenty(120)feet In total height may be permit- Accessory Accessary
bolted to a concrete foundation without support cables. ted as a conditional use In accordance with Section 401.17.D R-tA Sin9b Permitted Not Permitted Permitted
12.Residential wind turbine:A wind turbine of ten(10)kilowatt(kW) and Section 401.03 of this Ordinance.In the B-3 Highway Family Accessory Accessory
nameplate generating capacity or less. Business and Warehouse District,and the BM Family Single Permitted Not Permitted Permitted
t3.Small wind turbine:A wind turbine of one hundred 100).kW name- BusinessiWerehouse District,a maximum lob height of to g.rc Accessory d Accessory
( 9 burry Fans Single Accessory Not Permitted Permitted
plate generating capacy or less. - five(45)is allowed as a permitted accessory use.Additional Family Accessory Accessory
14.Total height:The highest point above natural grade reached by a height,up to seventy five(75)feet in total height,may be per- R-2 Low and Permitted Not Permitted Permitted
rotor Sp or any other part of a wind turbine. meted as a conditional use in accordance with Section Medium Density Accessory Accessory
15.Tower:A vertical structure that supports a wind turbine. 401.17.D and Section 401.03 of this Ordinance. R.3 Multiple; Permitted Not Permitted Permitted.
16.Utility wind turbine:A Wheeler-bine of more than one hundred(100) c. Blade length.A meximum.blade lengtoof fifteen(1S)her is Parr* Accessory Accessory
kW nameplate generating capacity. permitted. R-B Residential', Permitted NalPennitted Permitted
17.Vertical axis wind turbine:Atype'of wind turbine where the main O. Roof mounting.Root mounted wmd turbines are not permit- Business Accessory Accessory
rotor shah runs vertically. fed 8-1 Neighborhood Permitted- " Not Permitted Permitted.
18.Wind energy system:An electrical generating facility that consists of e. Setbacks.The base of the wind turbine tower shall be set Business Accessary Accessory
e wind turbine,feeder line(s),and associated controls and may back from all property lines a distance equal to the hub B-2 General Permitted Not Permitted ..Permitted
include a tower. height.Wind energy systems shell not be installed In the front Business Accessory " Accessory
19.Wind turbine:Any piece of electrical generating equipment that con- yard of any lot or in the side yard of a corner lot adjacent to a 8-3 elghwey Permitted Permitted Permitted
vent me kinetic energy of blowing wind into electrical energy public right-of way.All wind energy systems shall be located Business Accessory Accessory Accessory
through the use of airfoils or similar devices to capture the wind. at least three hundred(300)feet from any residential zoning 1.5 Acres
Alternative Energy Systems Related/Ground.Source Heat.Pumps district Minimum
(Geothermal Heating): f. Easements,Wind energy systems shall not encroach on.pub 0-4 Limited Permitted Not Permitted Permitted
20.Closed loop ground source heat pump system:A system that circa- lit drainage,utility roadway or trail easements. Beefiness Accessory Accessory
lutes a.heat transfer fluid,typically food-grade antifreeze,through g. Noise.Wind energy systems shell comply with Minnesota B-W Business
Permitted - Permitted Permitted
pipes or coils buried beneath the land surface or anchored to the Pollution.Control Agency standards outlined in Minnesota War ousing Accessory Accessory Accessory
bottom.in a body of water. - Rules Chapter 7030 at all property lines. - 1.5 Ac
21.Ground source heat pump system:A.system that uses the retebvely h. Screening.Wind energy systems are exempt from the
constant temperature of the earth or a body of water to provide heat- requirements of Section 401.15.E of this Ordinance. I Industrial District Permitted Permitted Permitted
ing in the winter and cooling in the summer.System components i. Aesthetics.All portions of the wind energy system shall be a Accessory Accessory Accessory
Include open or closed loops of pipe,coils or plates;a fluid that non-reflective,non-obtrusive color,subject to the approval of 3 Acres Minimum
absorbs and transfers heat;and a heat pump unit that processes heat the City Administrator.Only monopole towers are permitted.
for use or disperses heat for coding;and an air distribution system. The appearance of the robins,tower and any other related P-1 Permitted Permitted Permitted
22.Heat transfer fluid:A non-toxic and food grade fluid such as potable components shall be maintained throughout the life of the .PUMkllnstitutionai Accessory Accessary Accessory
water,aqueous solutions of propylene glycol not to exceed twenty wind energy system pursuant to industry standards.Systems 1.5 Acres
(20)percent by weight or aqueous solutions of potassium acetate shall not be used for displaying any advertising.Systems - Mennen,
not to exceed twenty(20)percent by weight. shell not be Illuminated.
23.Horizontal ground source heat pump system:A closed loop ground J. Feeder lines.The electrical collection system shall be placed SECTION 2.Section 401.02.B.Definitions,of the Oak Park Heights
source heat pump system where the loops or coils are installed-hori- underground within the interior of each parcel.The collection Zoning Ordinance Is hereby amended to add the definitions found in
zontally in a trench or series of trenches no more than twenty(20) system may be placed overhead near substations or points of Section 401.17.0 of this Ordinance.
feet below the land surface. interconnection to the electric grid. - SECTION 3.Section 401.21.D.Accessory Uses,of the Oak Park Heights
24.Open loop ground source heat pump system:A system that uses k. Deviations.Any deviation from the required standards of this Zoning Ordinance is hereby amended to read as follows:
groundwater as a heat transfer fluid by drawing groundwater from a Ordinance may be permitted through a conditional use permit 401.21.0,OPEN SPACE CONSERVATION DISTRICT
well toe heat pump and then discharging the water over land,direct- in accordance with Section 401.17,D and 401.03 of this 40121-D.Accessory Uses.
ly in a water body or into an injection well. Ordinance. 10.Solar energy systems,ground source heat pumps and wind energy
25.Vertical:ground source heat pump system:A closed loop ground 3. Safety, - systems as regulated in Section 401.17 of this Ordinance.
source heat pump system where the loops or coils are installed ver- a. Standards and Certification. SECTION 4.Section 401.22.D.Accessory Uses,of the Oak Park Heights
timely in one or more borings below the land surface. 1)Standards.Wind energy systems shall meet minimum Zoning Ordinance is hereby amended to reed as follows:
401.17.D.Application.Applications br an alternative energy system standards such as International Electrotechnicel: 40122.R-1,SINGLE FAMILY RESIDENTIAL DISTRICT
shall be accompanied by drawings that include the following.An applies- Commission(IEC)61400-2 or the American Wind Energy 401.22.D,Accessory Uses.
Lion for a Conditional Use Permit under this section shall also include all Association's(AWEA)Small Wind Turbine Performance 9. Solar energy systems and ground source heat pumps as regulated
information outlined.in Section 401.03.C.of this Ordinance. and Safety Standard or other standards as determined by in Section 401.17 of this Ordinance.
1. Location of the proposed alternative energy system and any nail- the City Administrator. SECTION S.Section 401.29.D.Accessory Uses,of the Oak Park Heights
ary equipment, _ 2)Oertlhcalon,Wind energy systems shall be certified by Zoning_Ordinance is hereby amended to reed as follows:
2. A survey of the lot with detailed setback dimensions to property Underwriters Laborarorles,.Inc.and the National 461.29.13-1,DISTRICT NEIGHBORHOOD BUSINESS DISTRICT
lines. : Renewable Energy Laboratory,the Small Wind 40129.D,Accessory Uses.
3. A photograph or detailed drawings of the alternative energy system Certification Council or other body an determined by the 5. Solar energy systems and ground source heat pumps as regulated
equipment that is visible above ground. - City Administrator.The City reserves the right to deny a in Section 401.17 of this Ordinance.
4. Specifications for the alternative energy system including type,size, building permit for proposed wind energy systems deemed SECTION 6,Section 401.300.D.Accessory Uses,of the Oak Park
rated power output,materials,setety and noise cheractenstics as to have inadequate certification or testing for operation In a Heights Zoning Ordinance is hereby amended to read as follows:
applicable. severe winter climate. 401.300.133,HIGHWAY BUSINESS AND WAREHOUSING DISTRICT
5. Location,dimensions and types of existing structures and uses on 3)Maintenance.Wind energy systems shall be maintained 401.300.D.Accessory Uses.
the lot under an agreement or contract by the manufacturer or 7. Solar energy systems,ground source heat pumps and wind energy
6. Location of above and below ground utility lines within or adjacent to other qualified entity. systems as regulated in Section 401.17 of this Ordinance.
the lot b. Utility Connection.All grid connected systems shall have an SECTION 7.Section 401.31.D.Accessory Uses,of the Oak Park Heights
7. Location and size of structures,trees and other objects on the lot agreement with the local utility prior to the issuance of e - Zoning Ordinance is hereby amended to read as follows:
that may impact the alternative;energy system. building permit.A visible external disconnect must be proud- 401.31.B-W,BUSINESS/WAREHOUSING DISTRICT
401.17.E.Solar Energy Systems. ed it required by the utility. 401.31.13.Accessory Uses.
1 Zoning District Allowances.Solar energy systems in accordance with 4. Abandonment.If the wind energy system:remains nonfunctional or 2. Solar energy systems,ground source heat pumps and wind energy
the standards of this section are allowed as a permmed accessory inoperative fora continuous period of one(1)year,the system shall systems es regulated in Section 401.17 of this Ordinance.
use in all zoning districts. be deemed to be abandoned and shall constitutea public nuisance. SECTION 8.Section 401.32.2.Accessory Uses,of the Oak Park Heights
2. Standards. The owner snag remove the abandoned system at their expense Zoning Ordinance is hereby amended to read as follows:
a Exemption Passive or building-integrated solar energy sys- after a demolition permit has been obtained.Removal includes the 401.32.1,INDUSTRIAL DISTRICT
terns are exempt from the requirements of this section and entire structure including foundations to below natural grade and 401,32.D.Accessory Uses.
shall be regulated as any other building element. - transmission equipment. 2. Solar energy systems,ground source heat pumps and wind energy
b.- Minimum Lot Size.In all zoning districts,a minimum lot.size 5. Permits.A building permit and conditional use permit,it required, systems as regulated in Section 401.17 of this Ordinance.
-- ----__•r••.^„„,..„o,,,y e,m c. Lake ground source heal pump systems shell be completely
-.-....•.,.,..,,,o.a=„e,e,w Is asap pnmanry for on-site consume- Certification Corporation or other body determined by removed from the bottom of the b Mark BEI
bon. the City Administrator.The City reserves the right to deny 5. Permits.A building ay of water.
2. Alternative energy system:A ground source heat pump,wind or a building permit for proposed solar energy systems 9 r any ground a conditional heat ups pprsys system required,to �'�
solar energy system. deemed to.have ins y shall be obtained for any groans stems heat pump to approval p al f o �
Alternative Energy Systems Related/Solar. did cone certification.systems s the airmen Borings for of systems He ate subject to approval from NO
agreement Connection.the All grid connected sthteissu shall have an 1.H. Condit onal Department s rf it..Public pealth.
3. Budding-integrated solar energy system:A solar energy system that agreement with the local utility prior to the issuance of a 401;17.N. Conditional Use Permits.Application for a conditional use
Is an integral part of a pdncipaf or accessory bulldog,rather than a building permit.A visible external disconnect must be provid- permit under this sub-section shall be regulated.by Section 401.03:of this
separatemeohanical device,replacing or substituting for an erchitec- ed If required by the utility. Ordinance.Such a conditional use permit may be granted provided that:
tural or structural component of the building Including,but not limited 4. Abandonment If the solar energy system remains nonfunctional or 1. That the.deviation Is required to allow for the improved operation of Washing(
to,photovoltaic or hot water solar systems contained within roofing Inoperative for a continuous period of one(1)year,the system shall the alternative energy system;
materials,windows,skylights and awnings be deemed to be abandoned and shall constitute a public nuisance. 2. That the alternative energy system has a net energy
4. Flush-mounted solar energy system:A roof-mounted system mount- The owner shall remove the abandoned system at their expense 3. That the alternative.energy system does not adversely affect solar My COdld
ed directly abutting the roof.The pitch of the solar collector may after a demolition permit has been obtained.Removal includes the access to adjacent properties;
exceed the pitch of the roof up to five(5)percent but shall not be entire structure Including transmission equipment 4. That the alternative energy system complies with all other engineer-
higher than ten(10)Inches above the roof. 5. Permits.A building permit and conditional use permit,rf required, ing,building,safety and fire regulations;
5. Passive solar energy system:A system that captures solar light or shall be obtained for any solar energy system prior to installation. 5. That the alternative energy system Is found to not have any adverse
heat without transforming it to mother form of energy or transferring 401.17.F.Wind Energy Systems. impacts on the area,including the health,safety and general welfare
the energy vie a heat exchanger. 1, Zoning District Allowances.Wind turbines in accordance with the of occupants of neighboring properties and users of public rights-of-
6. Photovoltaic system:A solar energy system that converts solar ewe- standards of this section are permitted accessory uses on lots at way;and
gy directly into electricity. - least three(3)acres in the 0 Open Space Conservation District and 8. The provisions of Section 401.03.A.8 of this Ordinance shall be con-
7. Solar enemy system.A device or structural design feature,a sub- the I Industrial District,and on lots at least 1.5 acres In size In the B. sidered and a determination made that the proposed activity is in
stanhal purpose of which is to provide daylight for interior lighting or 3 Highway.Business and Warehouse District,the B-W compliance with such criteria.
provide for the collection,storage and distribution of solar energy for BusinesseNarehouse District,and the P-I Public Institutional District 401,17.1.Zoning District Allowance Summary Table.Solar energy sys-
space heating or cooling,electricity generation or water heating. provided the wind turbine is located at least three hundred feet from terns,wind energy systems and ground source heat pumps are allowed
Alternative Energy Systems Related/Wind Energy: a residential zoning district.Wind energy systems are not permitted as follows in each of the zoning districts as follows:
8. Horizontal axis wind turbine:A wind turbine design in which the rotor in any other zoning districts including all districts zoned PUD,
shah a parallel to the ground and the blades are perpendicular to Planned Unit Development - - -
the ground. 2. Standards. Zoning District Sorer Energy Wind Energy Ground Source I
9. Hub.The center of a wind generator rotor,which holds the blades in - a. Number.No more than one(1)wind energy system is permit- System System Hem Pumps
place and attaches to the shaft - ted per parcel. O Open Space_ Pereanetl p dad Permitted
10. Hub height:The distance measured from natural grade to.the center b. Height.In the 0 Open Space Conservation District and the I Accessory Accessory accessory
of the turbine hub. Industrial.District,a maximum hub height of sixty 3 Acres Minimum
11.Monopole tower:A tower constructed of tapered tubes that fit to eth- accessory 9 xty height t feet
P 9 allowed as a twenty(120)0) total eightt may height m to R-1 Single Family Permised Not Permitted Pamssor
er symmetrically and are stacked one t section rt top of another and one hundred twenty use in feet in total height they b°permit- Accessory Accessary
bolted to a concrete foundation without support cables. ted as a conditional use in accordance with Section 401.17,0 R-1A Single Permitted- Not Pennined Permitted
12. Residential wind turbine:A wind turbine of ten(10)kilowatt.(kW) and Section 401.03 of this Ordinance.In the B-3 Highway Family Accessory- - Accessory
nameplate generating capacity or less. Business and Warehouse District,and the B•W R-rs Singe Permitted Not Permitted Permitted
13. Small wind turbine A wind turbine of one hundred(100)kW name- Business/Warehouse District,a maximum hub height of forty Famly Aeeeaory Accessory
plate generating capaciy or less. five(45)is allowed as a permitted accessory use.Additional R-tc Sligk Aerminer Na Pem,kte0 permitted
14.Total height:The highest point above natural.grade reached by a height,up to seventy five(75)feet in total height,may be per- rc.Lo Accessory q�
rotor tip Or any other part of a wind-turbine. mined as a conditional use in accordance with Section MMedium end Permitted Not Permitted. pressor
15.Tower:A vertical.structure that supports a wind turbine. 3 Multiple Density Permm ry t Accessory
Blade 7A and Section urn hia ie this Ordinance. Rai Multiple Accessory Not Permitted Permitted
16. Utility n m nameplate e r ting c pacit of more than ene hundred(.1001 _o, Blade length.A ma um+fNadellenphof fdfoen(15)testis Family Atceae°ry Accessory
kW emeplale generating capacity. permitted. y Inc,.:,r i R-BResldentlel' :Permitted Not Permitted Permined
17.Verhdal axis wind turbine:A type of wind turbine where the main d. Roof mounting.Roof mounted wind turbines are not permit- Business Akx:easory Accessory
rotor shaft runs.vertically.
18..Wind energy system:An electrical generating facility that consists of e. Setbacks.The base of the wind turbine tower shall be set 13.1 Naighbomoad Permitted Not Permitted Permitted:
a wind turbine,feeder Ilne(s),and associated controls and may back from all property lines a distance equal to the hub nau mess Accessory accessory
include a tower, height.Wind energy systems shall not be Installed in the front B 2 General Permitted Not Permitted Permitted
19.Wind turbine:Any piece of electrical generating equipment that con- yard.of any lot or In the side yard of a corner lot adjacent to a Business Accessory ' "Accessory
verts the kinetic energy of blowing wind into eledrlcel energy public.right-of way,All wind energy systems shall be located Bu ness Accessory Accessory Accessory
through the use of airfoils or similar devices to capture the wind. at least three hundred(300)feet from any residential zoning Business Accessory ' Accessory -Aaeaeory
Alternative Energy Systems Related/Ground Source Heat Pumps district g t5 acres
(Geothermal Heating): : Easements.Wind energy pub- Minimum
g)- rgysystemsshall.not encroach on ub- Bu Limited Peumined Not Permitted .Permitted
20.Closed loop ground source heat pump system:A system that Grcu- liotlreinage,utility roadway or trail easements. Business Accessory Accessory
lates a heat transfer fluid,typically food-grade antifreeze,through g, Noise.Wind energy systems shall comply with Minnesota S-W Susiness Permitted - Permitted Permitted
pipes or coils buried beneath the land surface or anchored to the - Pollution Control Agency standards outlined in Minnesota Warehousing .Accessory accessory Accessory
bottom In a body of water. Rules Chapter 7030 at all property lines. 1.5 Acres
21.Gourd source heat pump system:A system that uses the relatively h. Screening.Wind energy systems are exempt from the Mlnumnam
constant temperature of the earth or a body of water to provide heat- requirements of Section 401.15,E of this Ordinance.
Mg in the winter and cooling in the summer.System components I. Aesthetics,All portions of the wind energy I industrial District Permitted Accessory Permitted
include open or closed loos of P° jec system shall et a AmeMinim Accessory
P p pipe,coils or unit that a fluid non-reflective,Ad in .Only non-obtrusive onor,le tows s the peprovei of Accessory -3 Acres Minimum
absorbs and transfers heat;ands heat pump unit met processes heat the City Administrator.tiny monopole towers are permitted
for use or disperses heat for cooling;and an an distribution system. The appearance of the turbine,tower and any other related P-I Pemnned Permitted Permitted
22.Heat transfer fluid:A non-toxic and food grade fluid such as potable components shall be maintained throughout the life of the " Public/Institutional Accessory Accessory Accessory
water,aqueous solutions of propylene glycol not to exceed twenty wind energy system pursuant to industry standards.Systems 1.5 Acres ■
(20)percent by weight or aqueous solutions of potassium acetate shall not be used for displaying any advertising.Systems - Minimum
not to exceed twenty(20)percent by weight shah not be Illuminated.
23.Horizontal ground source heat pump system:A closed loop ground j. Feeder lines.The electrical collection system shall be placed SECTION 2.Section 401.02.8.Definitions,of the Oak Park Heights
source heat pump system where the loops or coils are installed hort- underground within the interior of each parcel.The collection Zoning Ordinance Is hereby amended to add the definitions found in
zonally in a trench or series of trenches no more than twenty(20) system may be placed overhead near substations or points of Section 401.17.0 Of this Ordinance.
feet below the fend surface. interconnection to the electric grid. SECTION 3.Section 40121.0.Accessory Uses,of the Oak Park Heights
24. Open loop ground source heat pump system;A.system that uses k. Deviations.Any deviation from the required standards of this Zoning Ordinance is hereby amended to read as follows:
groundwater as a heat transfer fluid by drawing groundwater from a Ordinance may permitted through a conditional use permit 40.1.21.0,OPEN SPACE CONSERVATION DISTRICT
well to a heat pump and then discharging the water over land,direct- in accordance with Section 401.17.D and 401.03 of this 401.21M.Accessory Uses.
ly in a water body or into an injection well. Ordinance, 10.Solar energy systems,ground source heat pumps and wind energy
25.Vertical ground source heat pump system:A dosed loop ground 3. Safety. systems as regulated in Section 401.17 of this Ordinance..
source heat pump system where the loops or coils are installed ver- a. Standards and Certification. SECTION 4.Section 40122.D.Accessory Uses,of the Oak Park Heights
orally in one or more borings below the lend surface. 1)Standards.Wind energy systems shall meet minimum Zoning Ordinance is hereby amended to read as follows:
401.17.0.Application.Applications for an alternative energy system standards such as International Electrotechnical 401.22.R-1,SINGLE FAMILY RESIDENTIAL DISTRICT
shall be accompanied by drawings that include the following.An applies- Commission(IEC)61400.2 or the American.Wind Energy '401.22.11 Accessory Uses.
eon for a:Conditional Use Permit under this section shall also include all Association's(AWEA)Smell Wind Turbine Performance 9. Solar energy systems and ground source heat pumps es regulated
information outlined In Section 401.03.C.of this.Ordinance. - and Safety Standard or other standards as determined
1. Location of the proposed alternative energy system and any auxii. - the City Administrator. by in Section Section 01 this OAineeea
lary equipment- SECTION S.Sectidn hereby.0.Accessory Uses,of the Oak Perk Heights
2. A survey of the lot with tletailetl.setback dimensions to ro er 2)Certiinsroer.Wind energy systems shall be certified by 400,20.0.1,ance Is hereby amended to reed as follows:
P P tY Renew Underwriters Energy Laboratory,Inc.and the National _ 40439.B•1,DISTRICT NEIGHBORHOOD BUSINESS DISTRICT
lines. Renewable Energy Laboratory,the Smell Wind " 4 ,Accessory Uses.
3. A photograph or detailed drawings of the alternative energy system Certification Council or other body as determined by the 5.. Solar energy systems and ground source heat pumps as regulated
equipment that Is visible above ground - City Administrator.The City reserves the right to deny a in Section 401.17 of this Ordinance.
4. Specifications for the alternative energy system Including type,size, building permit for proposed wind energy systems deemed SECTION 6.Section 401.300.D.Accessory Uses,of the Oak Perk
rated power output,materials,safety and noise characteristics as to have inadequate certification or testing for operation Ina Heights Zoning Ordinance is hereby amended to read as follows:
applicable. severe winter climate. '401.300.93,HIGHWAY BUSINESS AND WAREHOUSING DISTRICT
5. Location,dimensions and types of existing structures and uses on 3).Maintenance.Wind energy systems shall be maintained 401.300.D.Accessory Uses.
the lot under an agreement or contract by the manufacturer or 7. Solar energy systems,ground source heat u
6. Location of above and below ground utility lines within or adjacent to other qualified entity. pumps and wind energy
the lot. systems I7. a tion regulated 01.in D.Section ssory U Uses,of the P
b. agreement Connection.the local grid connected systems shall have an SECTION r i Section hereby amended Accessory read ades,fo low Oak Park Heights
7. Location and size of structures,trees and atherobjects on the lot agreement with the local utllly prior to the issuance of e - Zoning Ordinance is hereby amended to read as follows:
that may impact the alternative energy system, building permit.A visible external disconnect most be provid- 401.91.B-W,BUSINESS/WAREHOUSING DISTRICT
401.17.E.Solar Energy Systems. - ed it required by the utility. 401.31.0.Accessory Uses.
1. Zoning District Allowances.Solar energy systems in accordance with 4. Abandonment.If the wind energy system remains nonfunctional or 2. Solar energy systems,ground source heat pumps and wind energy
the standards of this section are allowed as a permitted accessory inoperative tore continuous period of one(1)year,the system shall systems as regulated in Section 401.17 of this Ordinance.
use in all zoning districts be deemed to be abandoned and shall constitute a public nuisance. SECTION S.Section 401.32.D.Accessory Uses,of the Oak Park Heights
2. Standards. The owner shall remove the abandoned system at their expense Zoning Ordinance is hereby amended to read as follows:
a, Exemption.Passive or building-integrated solar energy sys after a demolition permit has been obtained.Removal includes the 401.92.1,INDUSTRIAL DISTRICT
tams am exempt from the requirements of this section and entire structure including foundations to below natural grade and 401.32.0.Aeceseory Uses.
shall be regulated as any other building element. transmission equipment. - 2. Solar energy systems,ground source heat pumps and wind energy
b. Minimum Lot Size.In all zoning districts,a minimum lot size 5. Permits.A building permit and conditional use permit,iif required, systems as regulated:in Section 401.17 of this Ordinance.
of eight thousand(8,000)square feet is required for ground shall be obtained for any wind energy system prior to installation. SECTION 9.Section 401.32.2.Accessory.Uses,of the.Oak Park Heights
mounted solar energy systems 401..17.6.Ground Source Heal Pumps(Geothermal Heating). Zoning Ordinance is hereby amended to read as follows:
c. Height.Roof-mounted solar energy systems shall comply With 1..Zoning District Allowances.Ground source heat pump systems In 401.320.P-I,PUBLIC-INSTITUTIONAL DISTRICT
the maximum height requirements of the applicable zoning accordance with the standards of this section are allowed as a per- 401,320.D.Accessory Uses.
district.Ground-mounted solar energy systems shall not miffed accessory use In all zoning districts. 8. Solar energy systems,ground source heat pumps and wind energy
exceed fifteen(15)feet in height. 2. Standards:: systems as regulated in Section 401,17 of this Ordinance.
d. Location.In residential zoning districts,ground-mounted solar a. System Requirements. SECTION 10.The Planning Commission of the City of Oak Park Heights
energy systems are limited to the rear yard.in non-residential - 1)Only dosed loop ground source heat pump systemsutiliz. held a pablic hearing at their November 18,2010 meeting,took com-
zoning districts,ground-mounted solar energy systems may i ing heat transfer fluids as defined in Section 401.17.C.4 of ments from the public,closed the public hearing and recommended that
be permitted in the front yard of any lot or the side yards on this Ordinance are permitted.Open loop ground source the City.Council approve the amendments as provided in this Ordinance:
comer lots. - heat pump systems are not permitted. SECTION 11.This Ordinance shall be in full force and effect upon its
e. Setbacks.In all zoning districts,ground-mounted solar energy 2)Ground source heat pump systems in public waters may passage and publication.
systems including any appurtenant equipment shall be set be permitted as a conditional use in accordance with
back a minimum of fifteen(15)feet from all property lines and Section 401.17.D and Section 401.03 of this.Ordinance, PASSED this 23rd day of November,2010 by the City Council of the
a minimum of thirty(30)feet from all dwellings or buildings subject to approval from the Minnesota Department of City of Oak Park Heights.
located on adjacent lots.Roof-mounted systems shall comply Natural Resources and subject to written consent of all
with all building setbacks in the applicable zoning district and property owners and/or approval by an association in CITY OF OAK.PARK HEIGHTS
shall not extend beyond the exterior perimeter of the building accordance with its adopted bylaws. /2/
on winch the system is mounted. - 3)Ground source heat pump systems in water bodies owned - David Beaudet,Mayor
f. Root mounting.Roof-mounted solar collectors shall:be flush or managed by the.City of Oak Park Heights are not per- ATTEST:
mounted on pitched roofs.Solar collectors may be bracket miffed. /si
mounted on net roofs. b. Setbacks. Eric A.Johnson,City Administrator
(Dec.3,2010)Oak Park Heights,Ordinance No.2010-401-05