HomeMy WebLinkAboutOrd #119-3rd Ser/Amending code re: zoning code/alternative energy syst CITY OF ORONO
HENNEPIN COUNTY, MINNESOTA
AN ORDINANCE NO. 119, THIRD SERIES
AMENDING ORONO MUNICIPAL CODE
CHAPTER 78,THE ORONO ZONING CODE,
BY ADDING SECTION 78-1379
ALTERNATIVE ENERGY SYSTEMS
THE CITY COUNCIL OF THE CITY OF ORONO, MINNESOTA ORDAINS:
SECTION 1. Orono City Code Chapter 78 - Zoning Regulations, Article X - Supplementary
Requirements and Restrictions, Division 1 - Generally is hereby amended by adding Section 78-
1379 Alternative Energy Systems, to read as follows:
"Sec. 78-1379. - Alternative Energy Systems
(1) Scope. Section 78-1379 applies to alternative energy systems in all zoning districts.
(2) Purpose and intent. The purpose and intent of this section is to establish standards and
procedures by which the installation and operation of alternative energy systems shall be
regulated within the city. The city finds that it is in the public interest to encourage
alternative energy systems that have a positive impact on energy production and
conservation while not having an adverse impact on the community.
(3) De�nitions. For the purpose of Section 78-1379, the following definitions shall apply
unless the context clearly indicates or requires a different meaning.
(a) General De�nitions
ACCESSORY. A system designed as a secondary use to existing buildings or
facilities, wherein the power generated is used primarily for on-site consumption.
ALTERNATIVE ENERGY SYSTEM. A ground source heat pump, wind energy
conversion system, hydronic furnace or solar energy system.
(b) Ground Source Heat Pump System Definitions
CLOSED LOOP GROUND SOURCE HEAT PUMP SYSTEM. A system that
circulated a heat transfer fluid, typically food-grade antifreeze, through pipes or coils
buried beneath the land surface or anchored to the bottom of a body of water.
GROUND SOURCE HEAT PUMP SYSTEM. A system that uses the relatively
constant temperature of the earth or a body of water to provide heating in the winter and
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cooling in the summer. System components include open or closed loops of pipe, coils or
plates; fluid that absorbs and transfers heat; and a heat pump unit that processes heat for
use or disperses heat for cooling; and an air distribution system. Also sometimes referred
to as a Geothermal System.
HEAT TRANSFER FL UID. A non-toxic and food grade fluid such as potable
water, aqueous solutions of propylene glycol not to exceed 20% by weight or aqueous
solutions of potassium acetate not to exceed 20% by weight.
HORIZONTAL GROUND SOURCE HEAT PUMP SYSTEM. A closed loop
ground source heat pump system where the loops or coils are installed horizontally in a
trench or series of trenches no more than 20 feet below the land surface.
OPEN LOOP GROUND SOURCE HEAT PUMP SYSTEM. A system that uses
groundwater as a heat transfer fluid by drawing groundwater from a well to a heat pump
and then discharging the water over land, directly in a water body or into an injection
well.
VERTICAL GROUND SOURCE HEAT PUMP SYSTEM. A closed loop ground
source heat pump system where the loops or coils are installed vertically in one or more
borings below the land surface.
(c) Solar Energy Systems Definitions
BUILDING-INTEGRATED SOLAR ENERGY SYSTEM. A solar energy system
that is an integral part of a principal or accessory building, rather than a separate
mechanical device, replacing or substituting for an architectural or structural component
of the building including, but not limited to, photovoltaic or hot water solar systems
contained within roofing materials, windows, skylights and awnings.
FLIISH-MOUNTED SOLAR ENERGY SYSTEM. A roof-mounted system
mounted directly abutting the roo£ The pitch of the solar collector may exceed the pitch
of the roof up to 5%but shall not be higher than ten inches above the roof.
PASSIVE SOLAR ENERGY SYSTEM. A system that captures solar light or heat
without transforming it to another form of energy or transferring the energy via a heat
exchanger.
PHOTOVOLTAIC SYSTEM. A solar energy system that converts solar energy
directly into electricity.
SOLAR ENERGY SYSTEM. A device or structural design feature, a substantial
purpose of which is to provide daylight for interior lighting or provide for the collection,
storage and distribution of solar energy for space heating or cooling, electricity
generation or water heating.
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(d) Wind Energy Conversion Systems Definitions
HORIZONTAL AXIS WIND TURBINE. A wind turbine design in which the rotor
shaft is parallel to the ground and the blades are perpendicular to the ground.
HUB. The center of a wind generator rotor, which holds the blades in place and
attaches to the shaft.
HUB HEIGHT. The distance measured from natural grade to the center of the
turbine hub.
MONOPOLE TOWER. A tower constructed of tapered tubes that fit together
symmetrically and are stacked one section on top of another and bolted to a concrete
foundation without support cables.
RESIDENTIAL WIND TURBINE. A wind turbine of 10 kilowatt (kW) nameplate
generating capacity or less.
SMALL WIND TURBINE. A wind turbine of 100 kW nameplate generating
capacity or less.
TOTAL HEIGHT. The highest point above natural grade reached by a rotor tip or
any other part of a wind turbine.
TOWER. A vertical structure that supports a wind turbine.
UTILITY WIND TURBINE. A wind turbine of more than 100 kW nameplate
generating capacity.
VERTICAL AXIS WIND TURBINE. A type of wind turbine where the main rotor
shaft runs vertically.
WIND ENERGY CONVERSION SYSTEM (WECS). An electrical generating
facility that consists of a wind turbine, feeder line(s), associated controls and may include
a tower.
WIND TURBINE. Any piece of electrical generating equipment that converts the
kinetic energy of blowing wind into electrical energy through the use of airfoils or similar
devices to capture the wind.
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(e) Hydronic Furnace Definitions
HYDRONIC FURNACE. An outdoor wood boiler that provides heati,ng or hot
water using a firebox surrounded by a water jacket enclosed within an insulated shed. A
fire is started inside the firebox, and the water temperature is controlled by a
thermostatically actuated damper.
(4) Ground Source Heat Pump Svstems
(a) Zoning districts. Ground source heat pump systems in accordance with the
standards in this section are allowed as a permitted accessory use in all zoning
districts.
(b) Standards.
1. System requirements.
a. Only closed loop ground source heat pump systems utilizing heat transfer
fluids as defined in section 78-1379(3) are permitted. Open loop ground
source heat pump systems are not permitted.
b. Ground source heat pump systems in water bodies owned or managed by
the City of Orono are not permitted.
c. Ground source heat pump systems in private ponds constructed within
uplands and that are not protected wetlands are permitted.
2. Setbacks.
a. All components of ground source heat pump systems including pumps,
borings and loops shall be set back at least five feet from interior side and
rear lot lines, at least ten feet from front lot lines, and maintain all State-
mandated isolation distances.
b. Above-ground equipment associated with ground source heat pumps shall
not be installed in the front yard of any lot or the side yard of a corner lot
adjacent to a public right-of-way and shall meet all required accessory
structure setbacks for the applicable zoning district.
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3. Construction.
a. All access shall be over the owner's land and due care shall be taken to
avoid hazard, inconvenience or damage to public streets and nearby public
or private property.
b. Necessary precautions shall be taken in stockpiling excavated materials to
avoid erosion, dust or other infringements upon adjacent property.
c. All wiring, installation of pipes, grading and all other installations and
construction shall be subject to inspection.
d. Disturbed land shall be restored to its prior condition after completion of
construction.
4. Easements. Ground source heat pump systems shall not encroach on public
drainage, utility, roadway or trail easements.
5. Noise. Ground source heat pump systems shall comply with Minnesota
Pollution Control Agency standards outlined in Minnesota Rules Chapter 7030
as amended.
6. Screening. Ground source heat pumps are considered mechanical equipment
and are subject to the screening requirements of the applicable zoning district.
(c) Safery. Ground source heat pumps shall be certified by Underwriters Laboratories,
Inc. and meet the requirements of the State Building Code.
(d) Abandonment. If the ground source heat pump 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 in
accordance with the following:
1. The heat pump and any external mechanical equipment shall be removed.
2. Pipes or coils below the land surface shall be filled with grout to displace the
heat transfer fluid. The heat transfer fluid shall be captured and disposed of in
accordance with applicable regulations. The top of the pipe, coil or boring shall
be uncovered and grouted.
3. Private pond ground source heat pump systems shall be completely removed
from the bottom of the body of water.
(e) Permits. A City building permit and any other required agency permits shall be
obtained for any ground source heat pump system prior to installation. Borings for
vertical systems are subject to approval from the Minnesota Department of Public
Health.
(5) Solar Ener�v Svstems.
(a) Zoning districts. Solar energy systems in accordance with the standards in this
section are allowed as a permitted accessory use in all zoning districts.
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(b) Standards.
1. Exemption. Passive or building-integrated solar energy systems are exempt
from the requirements of this section and shall be regulated as any other
building element.
2. Roof-mounted systems allowed. The only solar energy systems allowed in
the city are those that are roof-mounted,
3. Height. Roof-mounted solar energy systems shall comply with the
maximum height requirements in the applicable zoning district.
4. Setbacks. Roof-mounted solar energy systems shall comply with all building
setbacks in the applicable zoning district and shall not extend beyond the
exterior perimeter of the building on which the system is mounted.
5. Roof Mounting. Roof-mounted solar collectors shall be mounted parallel to
the surface of the roof and within 3 feet of the roof surface, unless
manufacturer's documentation is provided indicating that collectors must be
angled to provide optimum performance. No portion of the collectors or
their mounting system shall extend above the peak or ridge height of a
pitched roo£ On a flat roof, collectors and their mounting systems shall not
extend more than 5 feet above the roof surface.
6. Easements. Solar energy systems shall not encroach on public drainage,
utility, roadway or trail easements.
7. Screening. Solar energy systems shall be screened from view to the extent
possible without impacting their function.
8. Maximum area. In all residential zoning districts, the collector and mounting
system of a roof-mounted solar energy system shall cover no more than 70
percent of the roof to which it is affixed.
9. Aesthetics. All solar panels shall be designed, installed, positioned and
constructed of materials so as not to cause any glare or reflective sunlight
onto neighboring properties or structures, nor toward vehicular traffic on
land or on a lake, and so as to not obstruct views. Reflection angles from
collector surfaces shall be oriented away from neighboring windows. Where
necessary, screening may be required to address glare.
10. Feeder lines. The electrical collection system shall be placed underground
within the interior of each parcel. The collection system may be placed
overhead near substations or points of interconnection to the electric grid.
(c) Safety.
1. Standards and certification.
a. Certification. Solar energy systems shall be certified by Underwriters
Laboratories, Inc. and the National Renewable Energy Laboratory, the
Solar Rating and Certification Corporation or other body as determined by
the Building Official. The city reserves the right to deny a building permit
for proposed solar energy systems deemed to have inadequate
certification.
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b. 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.
2. 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.
(d) 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.
(e) Permits. A building permit shall be obtained for any solar energy system prior to
installation.
(6) Wind Energv Conversion Svstems. Wind Energy Conversion Systems are not an allowed
use or structure within any zoning districts in the city.
(7) Hydronic Furnaces. Hydronic furnaces are not an allowed use or structure within any
zoning districts in the city.
SECTION 2. Effective date. This Ordinance shall be effective upon adoption and publication
according to law.
ADOPTED this 9`" day of December, 2013 by the Orono City Council.
with a vote of 5 ayes and 0 nayes.
CITY OF ORONO
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Lili Tod McMillan, Mayor
ATTEST:
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Rachel Dodge, City Clerk
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