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FILE # 17-3943 June 19, 2017 Page 3 of 5 2. The equipment or device must be designed and constructed in compliance with all applicable building and electrical codes, and (if for co -generation) must be in compliance with all state and federal regulations regarding co -generation of energy. b. Utility connection. All grid connected systems shall have an agreement with the local utility prior to the issuance of a building permit. A visible external disconnect must be provided if required by the utility. (4) Abandonment. If the solar energy system remains nonfunctional or inoperative for a continuous period of one year, the system shall be deemed to be abandoned and shall constitute a public nuisance. The owner shall remove the abandoned system at their expense after a demolition permit has been obtained. Removal includes the entire structure including transmission equipment. (5) Permits. A building permit shall be obtained for any solar energy system prior to installation. Governing Regulation: Variance (Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth -sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. The board or council may permit as a variance the temporary use of a one -family dwelling as a two-family dwelling. According to MN §462.537 Subd. 6(2) variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. Within the city zoning ordinances the city states "it's is the public interest to encourage alternative energy systems that have a positive impact on energy production and conservation" (Sec. 78-1379, b.) The proposed ground mount accomplishes just that. 2. The variance is consistent with the comprehensive plan. The vegetation cover terrain and structure orientation are unique characteristics that affect adequate access to direct sunlight. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The construction of any other building or structure in the proposed location would be permitted, only because the structure collects sunlight and transfers the energy is it prohibited. b. There are circumstances unique to the property not created by the landowner; Neither the orientation of the roof, nor the size of the roof where explicitly established by the homeowner. and