ORD 16-08I
Stfikethieugh-, to be removed
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An Ordinance Amending Section, 30-0 1, Definitions, and Adding Section 30-805,
Solar Energy Systems, of the City of Elk River, Minnesota, City Code
The City Council of the City of Elk River does hereby ordain as follows:
SECTION 1. That 30-01, Definitions, of the City of Ulk River Code of Ordinances shall be
amended to include the following definitions:
Buildin-Inta,rqled Solar Ener.4y System. A solar enerar system that is directly incoorated into the
building by replacing LVnical building rnaterials,
Commlinih Solar. Any centrL11-y-located solar photovoltaic (PV) systerns that provide electricity to
participating subscribersresiding or located off-site from the location of the solar energy systern
under the provisions of Minnesota statutes 216B.1641 or successor statute.
Concentrated Solar Sisleiv �CTY). A system using low to high-ternperature collectors (inirrors, tenses
or other reflective surfaces) for the use of heating water or air.
Ground-iWomnled Solarf-neCgy Syslezy, A solar enera system that is 'installed onto the ground directIA,
or by, tneans of brackets or poles.
Pholowliait"S'Ywev! 0-/). An. active solar energy systern that converts solar energy directly into
electricity.
loo -;means the cover of an, building, including the eaves and similar projections.
foo l,'.Flal means a roof having a slope of less than 2 unit of rise for ever 12 units of run.
RoofAlounled Solar Lneigi) Sgleim A solar energy systern.tnounted to the roof of a structure.
Roo l,'Pild)ed means a roof having a slope of 2 unit of rise for evea, 12 units of run or greater.
SolarAirHteal. See Solar Hot Air Svstern.
Solar EneiX2..S4LIe)77. A set of devices, including Concentrated Solar Systerns, whoseI itna
j2ur )ose is to provide for the collection .,Stora ge and distribution of solar energy for space heatii
or coolie V
electricity generation or water heatin
9 --
Solar Fllrnace. See Solar Hot Air Svstem.
Solar Fa, -171, A commercial facility that converts sunlight into electricity, whether by 12hotovoltaic
XV), concentrating solar thermal devices (Cffi, or other conversion technology, for the
pringipal,puWose of wholesale sales of generated energy.
SobaSolar Hol Air )',Ystem, An active solar enerLn, system that 'includes a solar collector to orovide
I
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direct supplemental space heating by heating and re -circulating conditioned budding air.
,Solar lJol Water. See Solar Thermal steiaa
Solqi'PoLa
, e Unil. A coD2ponent of a solar energy device that is used to store solar generated
electricity or heat for later use.
Solar Tbemial SLsZem. A system that includes a solar collector and a heat exchanger that, heats
or preheats either a li
�a d. or as for building heating systems or other hot water needs of
the building.
SECTION 2.11at § 30-805, Solar Energy Systems, of the City of FIlk River Code of Ordinances
shall be added and read as follows:
Sec. 30-805. — Solar Energy Systems
(a) D-efinifiqns.The definitions M' section 30-1 are appcable in this section.
(b) Standards
(1) 1 leight.
a. On nitched roofs. no t)ortion of a flush mounted or bracket mounted panel in an
position shall extend beyond 6 inches above the roof peak of the roof Mane they
are attached to nor exceed the maxitnum height requirements in that applicable
zoning district.
b. On flat roofs, no portion of a flush mounted or bracket mounted panel in any
position, shall exceed a height of five (5) feet above the flat roof they are attached
to nor exceed the maximum heiVht requirements iia that cable
apph iing district..
�_zor
c. Ground -mounted solar energy systems shall not exceed the maximum accessory
structure height in any zoning district when oriented at maximum tilt.
(2) Setback s°.
a. Roofiwounted solar eneay.!
yslem
1. Shall comply with all building setbacks in the applicable zoning districts.
2. Shall not extend beyond the exterior perimeter of the roof on which the system is
mounted.
3. Unless required by the Fire Department. there are no setbacks requirements
from the exterior perimeters and/or peaks of a roofs
4. Exterior piping for solar hot water systerns shall be allowed to extend beyond the
12erimeter of the building, no more than two (2) feet, in side and rear yards on]:y.
b. Gmund mounted solar eneasystems
1. Shall be treated as an accessory structure and shall coMly with all accessory
structure setbacks in the ap
ahLcable zoning district.
2. Shall not extend into the side -yard or rear setback when oriented in any position.
I For residential systems located within the urban service district, systems shall be
located in the rear andside yardsonly.
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(3) C'overage.
,a. All solar ener r r systeins shall complr with Minn. Stats. X1305.3113.
b. For all applications, 17"ire Departmet-it review is re!4uired.
(4) Glair. Solar systenis shall be deli ed and located in order to prevent reflective gfare
toward any inhabited buildings on adjacent properties, as well as adjacent street right -of-
ways and parks to the fullest possible extent. When necessav�, screening ma be required
to prevent glare.
a. Cwicenli-eiled SolarSEsLtivs shall conduct a glare study to identif
y the impacts of the
System on occupied buildings and fights -of -way and 12arks within a half -mile of the
Vroject boundaLy. The glare study shall also, address aviation Impacts.
(5) Exem, lion, Building integrated solar energy systems are exempt ftoin the requirements
,of this section and shall be regulated bythe building ;cycle...
(c) Pemfils sand .NoLiLicaliom
(1) Penwils. The erection alteration improvement, reconstruction, aiad relocation of a
solar enerU system requires a building perinit fromthe cit,,
a. A-P41kalions. An applicant for a solar systein permit shall make applicafionto the
Building, Department. The annfication shall accurately state
1. The narne and contact information of the applicant.
2. The name and contact information of the installer.
I The address of the molect being applied for..
4. To -scale horizontal and vertical elevation drawings showiM.
a. Location of the system on the building or on the propert�, including
Property lines.
1). Any exterior devices such as but not limited to inverters electrical
boxes, batteries
L,e �tc.
c. For roof -ton solar:
L All systems shall show the distance to the roof edges, parapets,
ridges, roof penetrations, or changes in roof plane.
2, Pitched roof mounted systems shall show the highest finished slope:
of the solar collector and the slope of the finished roof surface c)n
which it is mounted.
C
Pitched Roof Flat Roof
typically A Shall not exceed more than 6 inches from the roof peak,
Shall
B Shad ro exceed 5'-0".
Is
Is 3'-0', Refer to Won Stars. Sec. 13053113
(=
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IN"A"L'i'U6WE
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b. jppivvq1— Applications that meet the design requirements of this ordinance, an
do not require a variance, shall be canted administrative approval by the
Building; Official. Plana royal does not indicate compliance with Building,
Electric, or Plumbing Code.
(2) ULQE Not ication. The owner of a solar energy system that will lahysically connect to a
house or other building's electrical system and/or the electric utility grid must app ly for
an interconnectionag
, greement with the municipal utiliq prior to the issuance of a
building permit.
(d) "-'o)vy la`ancc
(1) Corn licence xiM building coder. All solar. eneUX systems shall cotnl2ly with the
Minnesota Building Code and any local building code requirements.
a. Solar loot watei-sii-tems,(I)allcoml)Iwilb H 1/'CA—related requirements of the
Energy Code.
(2) Com liance..xith electric code. All solar energy systems shall corn ly with the National
Electrical Code.
a. Electric solar energy system components must have a U1, listing.
b. Solar hot water systems must have an SRCC rating.
(3) Compliance with plumbkg code. All solar thermal systems shall compl, with the Minnesota
State Plumbing Code.
(e) Abandonment
(1) if the solar cnerLYA, systern remains nonfunctional or inonerative for more than twelve
(12) consecutive months, the system shall constitute a public nuisance. The profterty
owner shall obtain a demolition pertnit and remove the abandoned system at their
expense. Removal includes the entire structure, including collector, mount, and
transmission equipment.
Conditional I Jses
(1) Any Community Solar or Solar Farm project shall require a Conditional Use Permit.
(2) Any solar project exceeding 40 kW shall require a Conditional Use Permit.
(3) An solar rqject developed over public or semi-public existing infrastructure i.e.
trail, parking- lot, sidewalk, pavilion, etc.) shall require. a Conditional Use Permit.
last Updated March 2014
INATURE
S+ftk-e�s to be removed
Underlines, to be added
SECTION 4. That this ordinance shall take effect upon adoption and be published as provided by
law.
Passed and adopted by the City Council of the City of Elk River this 18th day of April, 2016.
AITEST:
Tina Allard, City Clerk
Last Updated March 2014
INATUREI
AFFIDAVIT OF PUBLICATION
CITY RIVER
ORDINANCE 16 -
AN ORDINANCE AMENDING SECTION,
STATE OF MINNESOTA j
30-01, DEFINITIONS, AND ADDING SECTION
ss
COUNTY OF SHERBURNE
30-805, SOLAR ENERGY SYSTEMS, OF THE CITY
OF ELK RIVER, MINNESOTA, CITY CODE
The City Council of the City of Elk River does hereby ordain as fol-
Charlene Vold halo dui Sworn on an oath,
Charlene Y
lows:
states or affirms that he/she is the Publisher's
SECTION 1. That § 30-01, Definitions, of the Qty of Elk River Code
Designated Agent of the newspaper(s) known
of Ordinances shall be amended to include the following definitions:
Building Integrated Solar Enerov System A solar energy system th�f
as:
s dirg tly ipcorporated into the building by replacing typical uilding_
material .
Star News
Community Solar. Any centrally-located solar photovoltaic {PVi sys-
tems that provide electricity to participating subscribers residing or 10-
with the known Office of issue being located
rated off-site from the location of the solar energy system under the
in the county of:
provisions of Minnesota statutes 2168 1641 or successor statute.
Concentrated Solar Sy stem . A system using low to hi h-tem-
SHERBURNE
perature collectors(mirrors, lenses or other reflective surfaces) for the
with additional circulation in the counties of:
use of heat! nwater or air,
WRIGHT
Ground-Mounted Solar Energy System A sotar energy system that
is to"Ad onto the ground directly or by means of brackets o poles.
and has full knowledge of the facts stated
Photovoltaic System (PV0. An active solar energy system that con
below:
yert olar ene= directlyinto electriciLL.
(A) The newspaper has complied with all of
Roof means the cover of any building including the eaves and similar
the requirements constituting qualifica-
protections.
Roof Flat means a roof having a slope of less than 2 unit of rise for
tion as a qualified newspaper as provided
ever, 12 units of run.
by Minn. Stat. §331A,02.
Rogf Mou t d Solar Energy System A solar energy s st_y em mount-
(B) This Public Notice
ed to the roof of a structure. -
was printed and pub-
]ished in said newspaper(s) once each
Roof. Pitched means a roof having a slope of 2 unit of risefor
week, for 1 successive week(s); the first
12 units of run or are t r.
Solar Air Heat See Solar Rot Air System.
insertion being on 05/28/2016 and the last
Solar Energy S stem. A set of devices, including one tr ted So-
insertion being on 05/28/2016.
lar Systems whose primary purpose is to provide for the collection,
storage and distribution of solar energy €or space heating or cooling,
electricity gener n or water heating.
MORTGAGE FORECLOSURE NOTICES
Solar Furnace. See Solar H
Pursuant to Minnesota Stat. §580.033
Solar Farm. A comm rciaf facility that con erts sunliahti electric-
relating to the publication of mortgage
ily.whether by photovoltaic iPVb concentrating solar thermal devices
foreclosure notices: The newspaper cpm lies
p
(CST)or other conversion technology. for the principal purpose of
with the conditions described in §580.033,
wholesale sales of generated energy.
Solar Hot Air System. An active solar energy stem that includes a
subd. 1, clause (1) or (2). If the newspaper's
solar collector to provide direct supplemental space heating by heating
known office issue is located in
and re-circulating conditioned building air
of a county
adjoining the
Solar Hot Water. See Solar Thermal System
county where the mortgaged
Solar Storaae Unit A component of a solar energy device that is
premises or some part of the mortgaged
used to store solar generated electricity or heat for later use.
premises described in the notice are located,
Solar Thermal System A system that includes a solar collector and a
a substantial portion of the newspapers
heat exchanger that heats or preheats either a liquid or gas for building
Circulation is in the latter county.
heating systems or other hat water needs of the building.
SECTION 2. That § 30-805, Solar Energy Systems, of the City of Elk
River Code of Ordinances shall be added and read as follows:
Sec. 30-805. -- Solar Energy Systems
Definitions The definitions in section 30-1 are applicable in this
BY
se(a)
section.
(bl Standards
Designated Agent
1Height,
pitched rof no pQrtion of a flush mounted or. bracketmount-
Subscribed and sworn to or affirmed before
-n
edal2 n I in any position shall extend bev!2!2d 6 in boy of
me on 05/28/2016 by Charlene Vold.
peak of the root plane they are attached to nor exceed the maximum
height requirements in that applicable zoninttdistrict.
b. On flat roofs, rtion of a flush mounted or bracket mounted
pane' in any position shall exceed a bei ht o€ five (5) feet above the flat
roof they are attached to nor exceed the maximum height requirements
el
in that applicable district..
c Ground-mounted solar energy systems shall not exceed the maxi
Notary Public
mum accessory structure height in any zoning district when oriented at
maximum tilt.
(2) Setbacks.
AAAAAAANWV-DARLENE
" t ems
�-
MARIE MACPHERS�N�
ll cosolaren
with al} building setbacks in the zpplicaUez 'n
lc-Minsota
NotaryPubine
i tri to
2.S II not extend beyond the a erior�erimeter of the roof on which
• my Commission Explto Jan 31, 2018
the system is mounted
tµ
3. Uniess required by the Fire De rtment. th r are no setbacks
requirements from the exterior perimeters and/or peaks of a roofs
4 Exterior piping for solar hot water systems shall be allowed tog
oetend
tendbevpnd the perimeter of the building nom re than two (2) feet in
side and rear yards only.
b Ground mounted solar energy systems
1. Shall be treated asaccessory struchAre and 5hak comply with
Rate Information:
all accessory structure setbacks in the apolkabl�g district
(1) Lowest classified rate paid by commercial users
2. Shall not extend into the ' e-ord or rear setback when oriented
for comparable space:
in any position.
3, For residential systems located within the urban service district,
$23.00 per column inch
systems shall be located in the rear and side yard, only
Coverage.
Ad I D 552445
a ASI solar energy systems shall comply with Minn Stats &1305 3113
b. For all applications. Fire Department review is r a it .
Glare. Solar- systems shall be designed and located in order t
prevent reflective glare toward any inhabited buildings on adiacenl
properties as well as adjacent street right-of-ways and parks to the
f II st os t extent. Wh n necessa —1—inma be re fired tc
prevent glare.
le impacts of the s st m on occu i buiidin s and ri hts-ef-wa and
ar within a half -mile of the ro'ect o nda . The tare stud shall
Iso address aviation impacts._
Exem tion. B ildin 'nte rat d solar energy ste s are PxPmnt
rom the re uir ments of this section and shall be re ul ted by the
wilding code.
P rmits a Noti l tion
(1) Per its The erection alteration improvement _reconstruction
ind relocati n of a olar en r s tem r ires a buildin ermit from
he city.
a. Applications. An appkcant for a s lar system ermit sh II ma e
roplication to the Building Department The application shall accurately
1 The name and contact information of the applicant.
2 The name and contact information of the installer.
3 The address of the groiect being�pglied for
4. TQ -scale horizontal and vertical elevation drawings showlng;
a. I ocation of the system on the building or on the property inclu in
property lines.
b. An v exterior devices f�ch as but not limited to inverters. electrical
boxes batteries etc 1
C. or roof -top solar:
1. All systems shall show the distance to the roof edges parapets.
ridges. roof nett tions r channes in rot pWe.
2. Pitched roof mounted systems shall show the highest finished
slope of the solar collector and the slone of the finished roof urtace on
which it is mount
��iw...ni+..e.ssr rww s.ew
b. Approval Applications that meet the design requirements aft
ordinance, and dg not r uire a variance. shall be granted a ministr -
tive aopravaVby the Building Official Plan approval does not Indicates
compliance with Bulldincl, Electric, Plumbing Code.
Utility N tiff aticn. The own r of a s lar oneroy system that will
physVcally connect to a house or other building's electrical ystem and/
or the electric utility rid must apply for an interconnection agreement
with the municipal utility prior to the issuance of a buil tng permit.
(M Compliance
Co fiance ith building c s I sola nor stems shall
cornpiy with the Minnesota Buildina ode and any locai buildingcode
requirements.
a. S lar ho ter tems hall co I with HVA —relat d reouire-
ments of the rgv Code.
2 C m li n e with electric code. All solar enQray systems sh ll
comply with the National Electrical Codes
a. Electric solar energy system components must have a UL listiag
b. 5 I r hot water pyrtems must have an S CC rating.
„; Compliance with plumbing code Ali sour thermal systems shiail
comply with the Minnesota State Plumbing Co
Abandonment
1 If the solar ene y systemremains nonfunctional or ino erative for
re than twelve 1 nse utive m nths t e s stem shall const' to
a pubic nuisance The property owner shall obtain a demolition permit
and remove thea gndoned system at their expense. Remo v I includ
the enti a structure. including coHector—mount and trap mission ui -
ment.
SECTION 4. That this ordinance shall take effect upon adoption and
be published as provided by law.
Passed and adopted by the City Council of the City of Elk River this
18th day of April, 2016.
John J. Dietz, Mayor
ATTEST:
Tina Allard, City Clerk
Published in the
Star News
May 28, 2016
552987