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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