HomeMy Public PortalAbout539 Ordinance Regarding Regulations of Wind Energy Conversion Systems, Solar Equipment, and Geothermal Systems; Amending Chapter 8 of the City CodeCITY OF MEDINA
ORDINANCE NO.539
AN ORDINANCE REGARDING REGULATIONS OF WIND ENERGY CONVERSION
SYSTEMS, SOLAR EQUIPMENT, AND GEOTHERMAL SYSTEMS;
AMENDING CHAPTER 8 OF THE CITY CODE
The City Council of the City of Medina ordains as follows:
SECTION I. Section 826.26.4, Subd. 8 of the code of ordinances of the city of Medina is
amended by adding the underlined language and deleting the stricken language as follows:
Section 826.26.4. (SR) Conditional Uses. Within the Suburban Residential district, no structure or
land shall be used for the following uses except by conditional use permit:
Subd. 8. Windmills or wind energy conservation systems. RESERVED
SECTION II. Section 826.98, Subd. 2(e) of the code of ordinances of the city of Medina is
amended by adding the underlined language and deleting the stricken language as follows:
Section 826.98. Conditional Use Permit Standards for Agricultural Preservation and
Residential Districts.
Subd. 2. Specific Standards. In addition to the general standards specified in section 825.39
of this ordinance, no conditional use permit shall be granted unless the city council
determines that all of the specific standards contained in this subdivision will be met:
(e) private use of windmills or Wind Energy Conversion Systems (WECS): shall meet the
requirements set forth in Section 828.09.1 of this code.
(i) minimum set back from the nc\arest property line 150 feet or a distance equal to the
height of the tower plus one half the diameter of the rotor, whichever is greater;
(ii) certified by a professional engineer as being of a design adequate for the
atmospheric conditions of the Twin Cities;
the rotor in high winds;
(iv) compliance with all building and electrical code requirements of the city, the noise
regulations of the Minnesota pollution control agency and the rules and regulations
of the federal communications commission and federal aviation administration; and
Ordinance No. 539
November 7, 2012
limitations it deems to be reasonably necessary to protect the residential character of
then .hl,., hee
(v) the maximum capacity or size of the WECS generator shall be 100 kilowatts or less;
(vi)the city hereby reserves the right upon issuing any WECS conditional use permit
to inspect the premises on which the WECS is located. If a WECS is not
maintained in operational condition or poses a potential safety hazard, the owner
shall take expeditious action to correct the situation; and
(vii) any WECS or tower which is not used for six successive months shall be
deemed abandoned and shall be dismantled and removed from the property at the
expense of the property owner.
SECTION III. Section 828.09 of the code of ordinances of the city of Medina is amended by
adding the underlined language and deleting the stricken language as follows:
Section 828.09. Solar Equipment. Any equipment or device that utilizes, operates or supplies
energy derived from the sun shall meet the following standards:
Subd. 1. The equipment or device must be affixed to a structure and meet all setback
requirements for principal structures in the zoning district where located.
Subd. 2. The equipment or device may not exceed the height of the building by more than
five feet, and shall cover no more than 70 percent of the roof to which it is affixed.
Subd. 3. The equipment or device must be designed and constructed in compliance with
all applicable building and electrical codes.
Subd. 4. The equipment or device must be in compliance with all state and federal
regulations regarding co -generation of energy.
Subd. 5. All solar arrays or panels shall be installed or positioned so as not to cause any glare
or reflective sunlight onto neighboring properties or structures, or obstruct views.
Subd. 6. Solar equipment which is mounted to a roof which is not flat, and which is visible from
the nearest right-of-way, shall not have a finished pitch more than five percent steeper than the
roof
Subd. 7. The zoning administrator may require compliance with any other conditions,
restrictions or limitations deemed reasonably necessary to protect the residential character
of the neighborhood.
Ordinance No. 539 2
November 7, 2012
SECTION IV. New Code Section 828.09.1 is added as follows:
Section 828.09.1 Wind Energy Conversion Systems (WECS)
Subd. 1. Purpose. The purpose of this ordinance is to establish standards and procedures for
Wind Energy Conversion Systems (WECS) through a conditional use permit in order to
harness clean, renewable wind energy while at the same time protecting public health, safety
and welfare.
Subd. 2. Definitions. The following words and terms, wherever they appear within this section,
are defined as follows:
(1) Residentially zoned property — property located within a zoning district which allows
residential uses as a principal use. For the sake of this section, residentially zoned
property shall include property within the Agricultural Preservation zoning district.
(2) WECS height — the distance measured from the grade of the WECS to the highest point
of the rotor blade. For WECS which are attached to a structure, the height shall be
measured from the lowest grade of the structure on which the WECS is attached.
Subd. 3. Location Requirements. The following shall apply to all WECS:
(a) WECS shall only be allowed if explicitly listed as an allowed conditional use within the
subject zoning district.
(b) Minimum lot size:
(1) Residentially zoned property: 20 acres.
(2) Non -residentially zoned property: Two acres. Notwithstanding this requirement, a
WECS greater than 50 feet in height shall only be permitted if a lot is 10 acres in size
or greater and a WECS greater than 120 feet in height shall only be permitted if a lot
is 20 acres in size or greater.
(c) Maximum WECS density:
(1) Residentially zoned property: one per lot.
(2) Non -residentially zoned property: one per lot, except a second WECS shall be
permitted provided the WECS height of the second WECS is 50 feet or less.
(d) Setback from property lines and/or public right-of-ways:
(1) Residentially zoned property: 300 feet.
(2) Non -residentially zoned property: 100 feet, unless the WECS height exceeds 50 feet,
in which case the minimum setback shall be increased to 300 feet.
(3) Increased setback from property zoned residential or mixed use: 300 feet, unless the
WECS height exceeds 50 feet, in which case the minimum setback shall be increased
to 750 feet
(e) Maximum setback from structures on residentially zoned property: a WECS constructed
on residentially zoned property shall be located within 150 feet of a structure on the
subject property.
(f) No WECS shall be allowed within the Shoreland Overlay District or a floodplain.
(g) No portion of the WECS, including the full arc area created by the blades, shall extend
over above -ground power lines or into any drainage and utility easement.
(h) For pole -mounted WECS, the full arc area created by the blades shall have 30 feet of
clearance from any accessory structure or tree.
Ordinance No. 539 3
November 7, 2012
Subd. 4. WECS Standards. The following shall apply to all WECS:
(a) Maximum Production Capacity:
(1) Residentially zoned property: The maximum capacity of the WECS generator
shall be 10 kilowatts.
(2) Non -residentially zoned property: The maximum capacity of the WECS
generator shall be 100 kilowatts
(b) Maximum WECS height:
(1) Residentially zoned property: 50 feet.
(2) Non -residentially zoned property: 200 feet. Notwithstanding the previous
limitation, the following more restrictive standards shall also apply depending on
the size of the property on which the WECS is proposed:
(i) WECS on property less than 10 acres in size: A WECS located on a property
less than 10 acres in size shall not exceed 50 feet in height.
WECS on property less than 20 acres in size: A WECS located on a property
less than 20 acres in size shall not exceed 120 feet in height.
(c) Tower Design: WECS tower may be of monopole or lattice tower design, but shall be
self-supporting without the use of guy wires or similar features.
(d) Tower Appearance: the following provisions shall apply to WECS unless otherwise
required by FAA regulations:
(1) Towers shall be unobtrusive in color or shall be a color consistent with the
surrounding area.
(2) Towers shall be of non -reflective finish to reduce visual impact.
(e) Tower Access: WECS shall be designed to prevent climbing from within 12 feet of the
ground.
(f) Controls and Brakes: WECS shall be equipped with both a manual braking device as
well as an automatic device capable of stopping the WECS operation in winds in excess
of 40 MPH.
(g) Lighting: No lighting, reflectors, flashers, or other illumination shall be affixed to the
WECS except as required by FAA regulations. All other on -site lighting shall be
consistent with the Medina Lighting Ordinance.
(h) All power lines and wires serving the WECS shall be buried.
(i) Electromagnetic Interference: WECS shall be filtered, shielded, or otherwise designed
and constructed so as not to cause communication signal interference. The applicant
shall notify all communication tower operators within two miles of the proposed WECS
location prior to application to the City for conditional use Hermit annroval. The City
may require a study of the signal prior to construction in order to provide a baseline.
(j) WECS foundations shall be desi i ed to resist two times the wind u.lift calculated
pursuant to the Uniform Building Code.
(k) Noise: The WECS shall be designed and located in such a way that no more than 35
dB(A) of noise is apparent at property lines. Notwithstanding the above, the apparent
noise from the WECS may exceed 35 dB(A) at a property line if the applicant can
demonstrate that the amount of noise when the WECS is operating will not exceed the
average ni ihttime ambient noise b more than 6 dB A .
(1) Manufacturer Warranty: The applicant shall provide documentation from the
manufacturer that the WECS equipment proposed has been successfully operated in
Ordinance No. 539 4
November 7, 2012
atmospheric conditions similar to those within the City. The WECS shall be warranted
a. ainst an s stem failures reasonabl ex s ected in severe weather conditions.
(m) Certification:
(1) Equipment shall be certified by the manufacturer that it is in conformance to
applicable industry standards for wind turbine design and standards adopted by the
American National Standards Institute (ANSI).
(2) An engineer registered with the State of Minnesota shall certify that the design,
construction and operation of the tower and foundation are compatible with and
appropriate for the turbine to be installed given the soil and climate conditions of
the proposed location.
(n) Compliance with Codes: all WECS equipment shall be certified by relevant
professionals that it is in compliance with all applicable local, state, and federal
regulatory standards, including but not limited to:
(1) The relevant standards of the City Code;
(2) Uniform Building Code as adopted by the State of Minnesota;
(3) The National Electrical Code as adopted by the State of Minnesota;
(4) The National Electric Safety Code;
(5) Federal Aviation Administration and Minnesota Department of Transportation
requirements; and
(6) Minnesota Pollution Control Agency and Environmental Protection Agency
regulations.
Subd. 5. Additional Submittal Requirements. In addition to the information required
elsewhere in the City Code, applications for WECS shall include the following information:
(1) A copy of the review response from the FAA concerning the development application
and FAA requirements for warning devices, height restrictions, etc.
(2) Technical specifications of the WECS including, but not limited to: type, height, blade
length, operating parameters, anticipated noise level at property lines, lightening
protection, manufacturer's certification as required by this section, and engineer's
certification as required by this section.
A shadow flicker report summarizing the amount of time which shadow flicker will
impact neighboring property.
A decommissioning plan as required by this section shall be submitted for review and
approval of the City.
(3)
(4)
Subd. 6. Decommissioning. AWECS shall be considered a discontinued use after six months
without energy production. A discontinued WECS must be dismantled and removed, at the
property owner's expense, within 90 days of discontinuation. The decommissioning plan
shall be reviewed and approved by the City to ensure the safe, rapid, and complete removal
of the WECS. The plan shall identify the financial resources which will be available to pay
for the implementation of the decommissioning plan. A WECS which is not dismantled and
removed within 90 days.of being discontinued shall be considered a public nuisance subject
to abatement as described in the City Code and Minnesota law. The applicant shall enter into
an agreement satisfactory to the City which shall run with the property in order to ensure the
decommissioning plan is carried through with.
Ordinance No. 539 5
November 7, 2012
Subd. 7. Record Keeping. The party responsible for operating the WECS consistent with the
conditional use permit and other relevant operating standards shall measure the energy
produced by the WECS and be prepared to report the production upon request of the City. If
records of energy production are not provided when requested, the WECS shall be
considered to not be producing energy and subject to the requirement of being
decommissioned.
Subd. 8. Inspection. The City reserves the ri •ht u.on issuance of a conditional use .ermit to
periodically and at all reasonable times inspect the premises on which the WECS is located
for compliance with this ordinance, the conditions set forth on the conditional use permit, and
other relevant requirements. If a WECS is not maintained in operational condition or poses a
potential safety hazard, the owner shall be required to take expeditious action to correct the
situation upon written notice from the City.
Subd 9. Enforcement. Operation or maintenance of a WECS in violation of the requirements
of this ordinance, of the terms of the conditional use permit, or of other relevant requirements
shall be a violation of this ordinance and subject to prosecution. Additionally, operation or
maintenance in violation of the requirements of this ordinance, of the terms of the conditional
use permit, or of other relevant requirements shall constitute a public nuisance, subject to
abatement as described in the City Code and Minnesota law.
SECTION V. New Code Section 828.09.2 is added as follows:
Section 828.09.2. Geothermal Systems.
Subd. 1. Geothermal systems are permitted accessory uses in all zoning districts provided
that they comply with the requirements of this section and other relevant City ordinances
and state regulations.
Subd. 2. No portions of the geothermal system shall be permitted to be located within or
below drainage and utility easements or within 10 feet of any property line.
Subd. 3. Geothermal systems shall not be permitted within or under wetlands.
SECTION VI. Section 832.1.03 (11) of the code of ordinances for the City of Medina shall be
added by adding the underlined material as follows:
Section 832.1.03. (BP) Conditional Uses. Within the Business Park District, no structure or
land shall be used for the following uses except by conditional use permit, the specific
requirements established in Section 832.3.09, and other applicable provisions of the city code:
(11) Wind Energy Conversion Systems (WECS)
Ordinance No. 539 6
November 7, 2012
SECTION VII. Section 832.1.04 (17) of the code of ordinances for the City of Medina shall be
added by adding the underlined material as follows:
Section 832.1.04. (BP) Accessory Uses. Within the Business Park District the following
accessory uses shall be allowed, except that the combined floor area of industrial
repair/processing, warehousing, and retail space shall not exceed 50 percent of the gross floor
area of the building.
(17) Solar Equipment, subject to the requirements of Section 828.09 of the City Code.
SECTION VIII. Section 832.2.03 (18) of the code of ordinances of the City of Medina shall be
added by adding the underlined material as follows:
Section 832.2.03. (B) Conditional Uses. The following shall be permitted uses within the B
district, subject to conditional use permit approval, the specific requirements established in
Section 832.3.09, and other applicable provisions of the city code:
(18) Wind Energy Conversion Systems (WECS)
SECTION IX. Section 832.2.04 (21) of the code of ordinances of the City of Medina shall be
added by adding the underlined material as follows:
Section 832.2.04. (B) Accessory Uses. The following accessory uses shall be permitted within
the B district, subject to applicable provisions of the city code and provided such use is
subordinate to and associated with a permitted or conditional use:
(21) Solar Equipment, subject to the requirements of Section 828.09 of the City Code.
SECTION X. Section 832.3.09, Subd. 25 of the code of ordinances of the City of Medina shall
be added by adding the underlined material as follows:
Section 832.3.09. Supplemental Requirements for Specific Uses within the Business Park and
Business Districts.
Subd. 25. Wind Energy Conversion Systems (WECS) - shall meet the requirements set
forth in Section 828.09.1 of this code.
SECTION XI. Section 833.03 (17) of the code of ordinances of the City of Medina shall be
added by adding the underlined material as follows:
Section 833.03. Conditional Uses. Within the Industrial Park District, no structure or land shall
be used for the following uses except by conditional use permit.
(17) Wind Energy Conversion Systems (WECS)
Ordinance No. 539 7
November 7, 2012
SECTION XII. Section 833.04 (12) of the code of ordinances of the City of Medina shall be
added by adding the underlined material as follows:
Section 833.04. Accessory Uses. Within the Industrial Park District, the following accessory
uses shall be allowed.
(12) Solar Equipment, subject to the re.uirements of Section 828.09 of the Cit Code.
SECTION XIII. Section 833.07 Subd. 3 (q) of the code of ordinances of the City of Medina
shall be added by adding the underlined material as follows:
Section 833.07. Design and Development Standards. Design and development standards are
established for this district to achieve a high standard of development by providing assurance
that land uses, buildings, and functions are compatible within the district and with adjacent
districts. The plans and the proposed use of a property shall conform to the design and
development standards prior to approval of any permit. The applicant or owner shall supply
plans and data necessary to demonstrate such conformance.
Subd. 3. Design and development standards — conditional uses: The following design
and development standards are identified for the uses listed below. Additional standards
may be identified during the review and approval process, due to the particular
characteristics of each site, the proposed development of the site, and the uses on adjacent
property.
(q) Wind Energy Conversion S stems ECS - shall meet the re.uirements set forth
in Section 828.09.1 of this code.
SECTION XIV. Section 834.1.04 (6) of the code of ordinances of the City of Medina shall be
added by adding the underlined material as follows:
Section 834.1.04. Accessory Uses. Within the Uptown Hamel-1 district the following
accessory uses shall be allowed subject to site plan approval and other provisions of this district.
(6) Solar Equipment, subject to the requirements of Section 828.09 of the City Code.
SECTION XV. Section 834.2.04 (6) of the code of ordinances of the City of Medina shall be
added by adding the underlined material as follows:
Section 834.2.04. Accessory Uses. Within the Uptown Hamel - 2 district the following
accessory uses shall be allowed subject to site plan approval and other provisions of this district.
(6) Solar Equipment, subject to the re.uirements of Section 828.09 of the Cit Code.
Ordinance No. 539 8
November 7, 2012
SECTION XVI. Section 838.1.03(11) of the code of ordinances of the City of Medina shall be
amended by adding the underlined material as follows:
Section 838.1.03. (CH) Conditional Uses. The following shall be permitted within the CH
district, subject to conditional use permit approval, the specific requirements established in
Section 838.5.08, and other applicable provisions of the city code:
(11) Wind Energy Conversion Systems (WECS)
SECTION XVII. Section 838.1.04 (9) of the code of ordinances of the City of Medina shall be
amended by adding the underlined material as follows:
Section 838.1.04. (CH) Accessory Uses. The following accessory uses shall be permitted
within the CH district, subject to applicable provisions of the city code and provided such use is
subordinate to and associated with a permitted or conditional use:
(9) Solar Equipment, subject to the requirements of Section 828.09 of the City Code.
SECTION XVIII. Section 838.2.03 (11) of the code of ordinances of the City of Medina shall be
added by adding the underlined material as follows:
Section 838.2.03. (CH -RR) Conditional Uses. The following shall be permitted within the CH -
RR district, subject to conditional use permit approval, the specific requirements established in
Section 838.5.08, and other applicable provisions of the city code:
(11) Wind Energy Conversion Systems (WECS)
SECTION XIX. Section 838.2.04 (9) of the code of ordinances of the City of Medina shall be
amended by adding the underlined material as follows:
Section 838.2.04. (CH -RR) Accessory Uses. The following accessory uses shall be
permitted within the CH -RR district, subject to applicable provisions of the city code and
provided such use is subordinate to and associated with a permitted or conditional use:
(9) Solar Equipment, subject to the requirements of Section 828.09 of the City Code.
SECTION XX. Section 838.3.03 (10) of the code of ordinances of the City of Medina shall be
added by adding the underlined material as follows:
Section 838.3.03. (CG) Conditional Uses. The following shall be permitted uses within the CG
district, subject to conditional use permit approval, the specific requirements established in
Section 838.5.08, and other applicable provisions of the city code:
(10) Wind Energy Conversion Systems (WECS)
Ordinance No. 539 9
November 7, 2012
SECTION XXI. Section 838.3.04 (8) of the code of ordinances of the City of Medina shall be
amended by adding the underlined material as follows:
Section 838.3.04. (CG) Accessory Uses. The following accessory uses shall be permitted
within the CG district, subject to applicable provisions of the city code and provided such use is
subordinate to and associated with a permitted or conditional use:
(8) Solar Equipment, subject to the requirements of Section 828.09 of the City Code.
SECTION XXII. Section 838.5.08, Subd. 20 of the code of ordinances of the City of Medina
shall be added by adding the underlined material as follows:
Section 838.5.08. Supplemental Requirements for Specific Uses within Commercial Zoning
Districts. In addition to the general standards specified for conditional uses in section 825.39 of
the City Code and other requirements of this ordinance, the following uses shall not be permitted
unless the city council determines that all of the specific standards contained in this subdivision
will be met:
Subd. 20. Wind Energy Conversion Systems (WECS) - shall meet the requirements set
forth in Section 828.09.1 of this code.
SECTION XXIII. Section 842.3.03 (9) of the code of ordinances of the City of Medina shall be
amended by adding the underlined material as follows:
Section 842.3.03 (MU) Commercial Accessory Uses.
(9) Solar Eauipment subject to the requirements of Section 828.09 of the City Code.
SECTION XXIV. This ordinance shall become effective upon its adoption and publication.
Adopted by the Medina city council this 7th day of November, 2012.
T.M. Crosby, Jr., Mayo
Attest:
J
Scott T. Johnson, City Administrator -Clerk
Published in the South Crow River News on the 1 S`h day of November, 2012.
Ordinance No. 539 10
November 7, 2012