HomeMy WebLinkAboutExcerpt of County Land use & Zoning Ordinance c- ^ �
Steams County Land Use and Zoning Ordinance This Section last amended December 20,2016.
A. Seasonal produce stands shall be an accessory use to a principle agricultural
use.
B. Operation of produce stands shall be limited to the growing season in
Minnesota.
C. No sale of product shall take place in the public right-of-way of any Federal,
State,County or Township roadway unless approved by the road authority.
D. Off-street parking shall be provided outside of any road right-of-way.
E. Any temporary structure placed on the property for seasonal produce sales
shall be removed at the end of the selling season. The size of the temporary
structure shall not exceed one hundred twenty(120) square feet.
F. All structures, including temporary structures, shall meet the minimum
setback requirements of the district in which it is located.
G. Signs shall meet the requirements of Section 7.24 of this Ordinance.
6.51 Solar Energy Systems
6.51.1 Comprehensive Plan Reference
The purpose of this Section is to set forth standards for large and small solar
energy systems. Stearns County has determined that development of solar energy
is in the public interest and consistent with the Comprehensive Plan,including the
following goals:
A. Natural Resource Plan, Goa12, Objective 4: Encourage use of renewable
energy systems,including wind energy and solar energy,which reduce the
footprint of development on local and global natural systems.
B. Economic Development Plan,Goa13,Objective 3: Encourage and promote
the use of"green"architecture design principles that minimize impacts to the
natural and cultural environments and reduce long-run risk to business.
6.51.2 Standards for Solar Farms
Solar Farms shall be subject to the administrative requirements of Section 4.8 of
this Ordinance and the following performance standards:
A. Stormwater management shall meet the requirements of Section 7.25 of this
Ordinance. For purposes of this Ordinance,the solar panel collector surface
shall not be considered to be impervious surface,unless otherwise required by
the Board.
B. Erosion and sediment control shall meet the requirements of Section 7.10 of
this Ordinance.
C. Foundations. The manufacturer's engineer or another qualified engineer
shall certify that the foundation and design of the solar panels is within
accepted professional standards, given local soil and climate conditions.
D. Other standards and codes. All solar farms shall be in compliance with any
applicable local, state and federal regulatory standards, including the State of
Minnesota Uniform Building Code, as amended; and the Narional Electric
Code, as amended.
E. Power and communication lines. Power and communication lines running
between the banks of the solar panels may be placed above ground,provided
the lines are placed no higher than top of the solar modules. Power and
communication lines to electric substations or interconnections with buildings
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Stearns County Land Use and Zoning Ordinance This Section last amended December 20,2016.
shall be buried underground. Exemptions may be granted by the Board in the
following instances:
(1) Where shallow bedrock, water courses, or other elements of the natural
landscape interfere with the ability to bury lines.
(2) When required by the utility company
(3) Unless otherwise determined by the Board
F. Screening. Solar farms shall be screened from residential dwelling units
and/or other land uses as required by the Board and shall minimally meet the
requirements of Section 7.23 of this Ordinance. The screening plan shall
show the location of fences and residential dwelling units on contiguous lots.
Fences installed as part of the project shall be screened. The type and location
of the required screening shall be subject to Board approval.
G. Setbacks. Solar farms must meet the minimum building setback for the
zoning district and be located a minimum of two hundred(200) feet from a
residential dwelling unit not located on the property. Setbacks shall be
measured to the nearest solar array or other structure within the solar farm,
excluding security fencing, screening or berm.
H. Vegetation requirements and management. The following provisions shall
be met related to the clearing of existing vegetation and establishment of
vegetated ground cover. Additional requirements may apply as required by the �
Board.
(1) Large-scale removal of mature trees on the site is discouraged.
Restrictions on tree clearing, or mitigation for cleared trees may be
required by the Board.
(2) The project site design shall include the installation and
establishment of ground cover meeting the beneficial habitat standards
consistent with Minnesota Statutes, section 216B.1642, or successor
statutes and guidance as se.t by the Minnesota Board of Water and Soil
Resources.
(a) Beneficial habitat standards shall be maintained on the site for
the duration of operation,until the site is decommissioned.
(b) The applicant shall submit a financial guarantee in the form of
a letter of credit, cash deposit or bond in favor of the County
equal to one hundred twenty-five(125)percent of the costs to
meet the beneficial habitat standard. The financial guarantee
shall remain in effect until vegetation is sufficiently established
in accordance with the requirements set forth in Section
6.51.2H(1) of this Ordinance.
I. Application requirements. The following information shall be provided to
the Department prior to issuance of the conditional use permit:
(1) A site plan showing the following:
(a) Existing property lines and property lines extending one
hundred(100) feet from the exterior boundaries,including the
names of the adjacent property owners and current use of
those properties
(b) Existing public and private roads, showing widths of the roads
and any associated easements
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Stearns County Land Use and Zoning Ordinance This Section last amended December 20,2016.
(c) Location and size of any abandoned wells, sewage treatment
systems and dumps
(d) Existing buildings and any impervious surface
(e) Topography at two(2) foot intervals and source of contour
interval,unless determined otherwise by the Department. A
contour map of the surrounding properties may also be
required
(fl Existing vegetation(list type and percent of coverage; i.e.
grassland,plowed field,wooded areas, etc.)
(g) Waterways,watercourses, lakes and public water wetlands
(h) Delineated wetland boundaries
(i) The one hundred(100)-year flood elevation and Regulatory
Flood Protection Elevation, if available
(j) Floodway, flood fringe and/or general flood plain district
boundary, if applicable
(k) The shoreland district boundary, if any portion of the project is
located in a shoreland overlay district
(1) In the shoreland overlay district, the ordinary high water level
and the highest know water level
(m) In the shoreland overlay district,the toe and top of any bluffs
within the project boundaries
(n) Mapped soils according to the Stearns County Soil Survey
(o) Surface water drainage patterns
(p) LESA score for the parcel, if located within an agricultural
zoning district.
(c� Location and spacing of solar panels
(r) Location of access roads
(s) Planned location of underground or overhead electric lines
connecting the solar farm to the building, substation or other
electric load
(t) New electrical equipment other than at the existing building or
substation that is the connection point for the solar farm
(u) Proposed erosion and sediment control measures as required
in Section 7.10 of this Ordinance.
(v) Proposed stormwater management measures as required under
Section 7.25 of this Ordinance
(w) Sketch elevation of the premises accurately depicting the
proposed solar energy conversion system and its relationship
to structures on adjacent lots (if any);
(x) Location,number and caliper of any trees to be removed, for
trees with size greater than six(6)inches.
(2) Manufacturer's specifications and recommended installation methods
for all major equipment, including solar panels,mounting systems and
foundations for poles or racks;
(3) The nuxnber of panels to be installed;
(4) A description of the method of connecting the array to a building or
substation;
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Stearns County Land Use and Zoning Ordinance This Section last amended December 20,2016.
(5) Decommissioning. A decommissioning plan shall be required to
ensure that facilities are properly removed after their useful life.
Decommissioning of solar panels must occur in the event they are not
in use for twelve(12)consecutive months. The plan shall include
provisions for removal of all structures, foundations, electrical
equipment and internal or perimeter access roads,restoration of soil
and vegetation and a plan ensuring financial resources will be available
to fully decommission the site. Disposal of structures and/or
foundations shall meet the provisions of Stearns County Solid Waste
Ordinance Number 171; or successor ordinance. The applicant shall
submit a fmancial guarantee in the form of a letter of credit, cash
deposit or bond in favor of the County equal to one hundred twenty-
five(125)percent of the costs to meet the requirements of the
decommissioning plan. The type of guarantee is subject to the Board's
approval.
(6) Aviation Analysis. If the project is within two miles of an airport,the
applicant must complete and provide the results of the Solar Glare
Hazard Analysis Tool(SGHAT) for the Airport Traffic Control Tower
cab and final approach paths, consistent with the Interim Policy,FAA
Review of Solar Energy Projects on Federally Obligated Airports, or
successor policy. The applicant must also complete the Air Space Case
Analysis(Form 7460) and provide the results.
(7) Visual Impact Analysis. An analysis of the potential visual impacts
from the project including solar panels,roads and fencing along with
measures to avoid,minimize or mitigate the visual effects shall be
required. A plan may be required showing vegetative screening or
buffering of the system from those items to mitigate for visual impacts
in accordance with Section 6.51.2F of this Ordinance.
6.51.3 Standards for Solar Energy Systems,Accessory. Solar energy systems are a
permitted accessory use in all zoning districts, subject to the administrative
requirements of Section 4.11 and the following standards.
A. Accessory Building Limit. Ground mounted systems shall count as an
accessory building for the purpose of ineeting limits on the number of
accessory structures allowed per lot and the coverage limits, as set in Section
6.2 of this Ordinance.
B. Height. Active solar systems are subject to the following height requirements:
(1) Building or roof-mounted solar systems shall not exceed the maximum
allowed height in any zoning district. For purposes of height
measurement, solar systems other than building-integrated systems
shall be considered to be mechanical devices and are restricted
consistent with other building-mounted mechanical devices for the
zoning district in which the system is being installed.
(2) Ground or pole-mounted solar systems shall not exceed twenty-five
(25) feet in height when oriented at m�imum tilt.
C. Location within Lot. Solar systems must meet the accessory structure setback
for the zoning district.
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