Consider Ordinance #14-04 Amending City Code to Establish Minimum Standards for Alternative Energy Systems

The City was recently approached by Connexus Energy about a potential solar project they are considering implementing on their campus. In reviewing their project concept, it was noted that City Code is fairly silent regarding solar energy systems, other than two basic definitions related to solar energy and solar access. Also, within City Code, there is a provision that states uses that are neither specifically permitted or denied in any zoning district shall be considered prohibited. As alternative/renewable energy technologies continue to improve, Staff wanted to ensure that the Zoning Code itself was not a barrier to potential alternative energy projects and thus has compiled a draft ordinance for consideration. Note that Wind Energy Conversion Systems (WECS) standards already exist and this draft ordinance does not address them other than renumbering and revising/relocating the purpose statement.

In Reviewing the Comprehensive Plan, Chapter 5 (Land Use) Section D (Solar Access Protection) states that the City should be encouraging the use of solar energy in future development projects as well as exploring opportunities to increase the usage of solar energy systems in general. With these policy statements in mind, Staff contemplated several standards that could be considered relating to alternative energy systems (solar and ground source heat pump systems), including, among other things, whether they should be a permitted or conditional use, their location on a property (front, side, and/or rear yard), setbacks, height, and visibility/screening.

As drafted, the proposed ordinance identifies both solar energy systems and ground source heat pump systems as a permitted accessory use in any zoning district. These systems generally do not present the same concerns that had been raised regarding WECS, such as safety and noise and therefore, allowing these systems as a permitted accessory use seems more appropriate.

The proposed ordinance addresses three (3) primary standards including location of an alternative energy system, setbacks, and height. The intent was to incorporate some flexibility into the draft ordinance, especially as it relates to solar energy systems, as their functionality is reliant upon direct solar access. Thus, rather than restricting the location of these systems to certain locations on a property (e.g. side/rear yard), the draft ordinance would allow solar and ground source heat pump systems to be located in any yard, whether in a commercial or residential district.

Setbacks are based on the type of alternative energy system. Solar energy systems are broken into two categories, ground mounted and building mounted systems. As drafted, building mounted systems shall comply with all standard building setbacks for the applicable zoning district. Furthermore, any system that extends beyond the edge of building must be explicitly engineered for such use. Ground mounted systems shall be setback from a property line a distance that is equal to or greater than the height of the structure at its maximum designed tilt.

Height is also dependent on whether the system is building mounted or ground mounted. Building mounted systems would need to comply with the maximum allowable building height for the applicable zoning district. Ground mounted systems' height would be restricted by the distance to the nearest property line or the maximum allowable building height for the respective zoning district, whichever is more restrictive.

Location and setbacks are also identified for ground source heat pump systems (height is not applicable as these are underground systems). These systems would be permitted in any yard and would need to maintain a minimum setback of five (5) feet from any property boundary. In addition to these standards, the draft ordinance would only permit closed loop systems. Open loop systems, which generally pump groundwater through the system and then discharges it to the ground surface or surface water, would be prohibited due to existing concerns about groundwater supply and some of the known potential adverse impacts associated with open loop systems (warming of surface waters, reduced oxygen levels in lakes as a results of the discharged fluid).

Again, the intent of this Ordinance is to develop minimum standards to ensure that the Zoning Code doesn't present a barrier for installation of an alternative energy system. However, the Planning Commission may wish to consider or discuss other standards that could be incorporated. These could include restricting the location of these systems (or at least the solar energy systems, which are typically above ground) to the side or rear yard for residential properties, identifying a specific height restriction (such as fifteen [15] or twenty [20] feet, or restricting height to the maximum allowable height of an accessory building in a residential district), and/or consider requiring screening to the extent feasible without impacting functionality.

The Planning Commission conducted a public hearing for the draft ordinance at their regular May meeting.  They recommended approval of the draft ordinance with several revisions related to solar energy systems in residential districts:

• Setbacks and height for ground mounted systems be linked to those permitted for accessory buildings
• Require an angle analysis for ground mounted systems for aesthetic purposes and to ensure that glare is minimized

Drafting of this ordinance is being handled as part of Staff's regular duties.

Motion to recommend City Council adopt Ordinance #14-04.

-or-

Motion to recommend City council adopt Ordinance #14-04 with the following revisions: ___________________