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HomeMy WebLinkAbout[11] Zoning Ordinance Amendments Discussioncrry cx= 5'I: J[l4E:PEi MEETING DATE: February 11, 2019 Planning Commission Agenda Item 11 AGENDA ITEM: Zoning Ordinance Amendments Discussion SUBMITTED BY: Community Development STAFF RECOMMENDATION: Discussion and Provide Input PREVIOUS PLANNING COMMISSION ACTION: BACKGROUND INFORMATION: The City has received interest to allow residents and businesses to install solar panels on the roofs of buildings. The City 2018 Comprehensive Plan addresses Sustainability and Resiliency with a goal to conserve energy use in public and private sector development with the following strategy: Development standards should allow for accommodating solar technologies. Additional strategies support wind energy conversion system technologies. As such, staff has prepared draft solar and wind energy conversion system standards for your discussion. ATTACHMENTS: Draft General Performance Standards Proposed Amendments REQUESTED PLANNING COMMISSION ACTION: Provide Input Only. ORDINANCE 502 — ZONING ORDINANCE Section 502.12: GENERAL PERFORMANCE STANDARDS The intent of this section of the zoning ordinance is to establish general development performance standards. The regulations provided herein shall apply equally to all districts except where special provisions provide otherwise. Subd. 1: Accessory Buildings in Residential Districts. a) Detached accessory buildings shall be located in the rear yard. b) Detached accessory buildings which are greater than fifty (50) square feet, but less than enetwo-hundred-twen-ty (4- 9200) square feet shall require a zoning permit. The Zoning Permit Fee shall be established and amended from time to time by resolution of the City Council. C) Detached accessory buildings ,.renter- than two-hundred4wenty (4- 9200) square feet orreg ater shall require a building permit. d) Attached accessory buildings and structures shall comply with the setback regulations in the respective zoning district. Detached accessory buildings shall be setback a minimum of ten feet (10') from the rear and side yard lot lines, except that on corner lots shall have a side yard setback of twenty feet (20') feet from the property line on the intersecting street. Accessory buildings shall not be located over any easement. e) Accessory buildings shall not to exceed over one (1) story of sixteen (16) feet in height. f) All garages shall, if the vehicle entrance backs upon a public alley, be setback at least ten (10) feet from the public alley right-of-way. g) In no case shall the door of any structure, building, fence or improvement be erected or constructed so as to extend beyond any lot line. h) In business and manufacturing districts, accessory buildings and uses may occupy any of the ground area which the principal building is permitted to occupy. Accessory buildings such as buildings for parking attendants, guard shelters, gate houses and transformer buildings, may be located in the front or side yard in the Industrial District. i) Within the R-1, R-2 and R-4 districts no accessory structures, excluding decks, porches and patios but including attached garages, or any combination of accessory structures shall exceed 1,350 square feet or ten percent (10%), 502.12-1 ORDINANCE 502 — ZONING ORDINANCE whichever is the lesser, of the total lot area. In addition, lot coverage requirements outlined within the respective districts shall be adhered to. j) Within the R-1, R-2, and R-4 districts no lot may have more than two (2) accessory buildings, excluding decks, porches and patios. k) Accessory building of less than fifty (50) square feet shall not be considered when computing the limitations of paragraph i. and j. above; but the combined area of accessory building of less than 50 square feet shall not exceed a total of 100 square feet. 1) The same or similar exterior building material (such as siding, shingles, etc.) shall be used on the accessory building and the principal building. m) Pole barns and/or post frame construction and hoop tubular frame buildings are prohibited. Subd. 2: Carport. A shelter for a vehicle consisting of a roof built out from the side of a building and supported by a wall, with a minimum of two open sides. a) The structure shall meet the Minnesota Building Code and City Ordinances for accessory buildings. b) Post frame construction is prohibited. C) Structural wall must be set on footings. d) The parking pad shall consist of a durable and dust free surface consisting of concrete, asphalt, paving stones, or similar material. e) The structure shall meet the side and rear yard setbacks for the zoning district for which the carport is located. f) The carport area shall be included in the maximum allowed accessory area per lot for the zoning district for which the carport is located. Subd. 3: Fencing. See Ordinance 506.00, Fence Ordinance which applies to the construction and maintenance of all walls, fences, to include living fences. Subd. 4: Swimming Pools, Spas, Hot Tubs a) The swimming pool, spa or hot tub shall meet all required setbacks for the zoning district for which they are located. b) The swimming pools or yard around the pool shall be enclosed by a wall, fence or combination thereof which is at least [6] feet in height with a self-closing gate capable of being secured with a lock so as to prevent uncontrolled access. All 502.12-2 ORDINANCE 502 — ZONING ORDINANCE points of access shall be made lockable. For an in -ground pool, an automatic pool cover can be used in lieu of fencing requirements provided it is certified and complies with ASTM (American Society of Testing and Materials) F1346-91 standard, or successor standard. C) For in -ground pools, required fencing shall be of durable material and shall be so designed as to discourage climbing. d) For above ground pools, pools sides that are vertical or slanted outward may contribute to the required fencing, provided all points of access are controlled, including the removal of all ladders or stairs when the pool is not in use. e) If access to the pool is via a deck or porch, then no access from the ground is permitted to the deck areas unless the property or ground access to the deck is fenced. Entrances shall be equipped with self-closing, latching and lockable gates, and be placed on the top of the gate. f) Temporary pools do not require safety fencing. g) All out door spas and hot tubs require safety covers; therefore safety fencing is not required. Subd. 5: Screening and Landscaping, a) LandscapeNegetation Covering Required. In all zoning districts the lot area remaining after providing for parking, driveways, loading, sidewalks or other requirements shall be planted and maintained in grass, sodding, shrubs or other acceptable vegetation or landscaping techniques. Prior to any turf establishment, the portion of the lot to be established with turf must have a minimum of four (4) inches of black dirt as a base. b) Grass and Ground Cover. 1. Open Areas: All open areas of the site not occupied by building, parking, walkways, other permitted structures or storage shall be grass or approved ground cover. Ground cover shall be planted in such a manner as to present a finished appearance. 2. Undisturbed Areas: Exception to this is the undisturbed areas containing natural vegetation, which can be maintained free of foreign and noxious materials. C) Minimum Size of Trees and Shrubs. The following minimum standards shall be required for industrial, commercial, institutional, public/semi-public, and multiple family residential uses: 1. Overstory deciduous trees - 1 1/2 inch diameter 2. Ornamental trees - 1 1/2 inch diameter 502.12-3 ORDINANCE 502 — ZONING ORDINANCE 3. Coniferous trees - 4 feet tall 4. Major shrub planting — 2 gallons d) Performance Standards. A landscape plan must be submitted with each project and such plan must be prepared by an experienced landscape person. In order to achieve landscaping which is appropriate to scale with the site of a building and site, the minimum standards apply to all districts except A, R-1, R-2, R-4, and B-1 Trees: One tree for every one thousand (1,250) square feet of total building floor area or one tree for every one hundred feet (100') of site perimeter, whichever is greater. A minimum of twenty-five percent (25%) of the trees required will be coniferous. 2. Ornamental Trees: One ornamental tree can be substituted for every six - tenths (6/10) overstory deciduous shade tree. In no case shall ornamental trees exceed fifty percent (50%) of the required number of trees. 3. Understory Shrubs: One understory shrub for every four hundred fifty (450) square feet of building or one shrub for every seventy five feet (75') of site perimeter, whichever is greater. 4. R-1, R-2, R-4, and R-5 Districts: Minimum standards set above apply to R-1, R-2, R-4 and R-5 Districts in these instances: A. Double frontage lots. B. Anything other than a single-family home. e) Credit for Large Trees. The total number of required overstory trees may be reduced by one-half (1/2) tree for each new deciduous trees measuring four and one-half inches (4 '/2") or more in diameter or each new coniferous tree measuring eighteen feet (18') or more in height. In no event, however, shall the reduction be greater than twenty five percent (25%) of the total number of trees required. f) Credit for Existing Trees. The total number of required new overstory trees may be reduced by the retention of existing overstory trees; provided, that the following conditions are met: Size and Species: Such trees fulfill the minimum requirements of this Ordinance as to condition, size and species. City staff shall decide the amount of the credit for such exiting trees based upon their condition, location and distribution in the lot. 2. Protection during Development. Proper precautions to protect trees during development shall be indicated on grading plans submitted for plan review. These precautions shall be included in the landscape surety. g) Maintenance. The property owner shall be responsible for replacement of any 502.12-4 ORDINANCE 502 — ZONING ORDINANCE dead trees, shrubs, ground covers and sodding. h) Methods of Installation. All deciduous and coniferous trees shall be planted in accordance with American Nursery and Landscape Association standards. i) Landscaping/Planting in Easements. Plantings such as trees and bushes may be placed in and utility easements at the risk of the property owner, provided they are approved through the process identified in St. Joseph Ordinance No. 302, and they do not change or interfere with the drainage. The city does not encourage extensive plantings or landscaping in the easement area because of potential drainage problems and the possibility of utility work in the easements. The city or utility service providers shall not be required to replace plantings or landscaping removed or damaged during work within the easement area. j) Double Fronted Lots. Double fronted residential buildings and lots adjacent to collector or arterial streets shall be screened. A fifteen -foot (15') area for landscaping shall be provided. Screening shall be accomplished by a combination of earth berming and planting. Other requirements may be imposed on a case-by- case basis. The required screening must be placed within the fifteen -foot (15') buffer area and designed by an experienced landscape person. k) Light Encroachment. The light from automobile headlights and other sources shall be screened whenever it may be directed onto adjacent residential windows. 1) Buffer Requirements. Where a business development and/or parking lot exceeding five (5) spaces abuts upon a Residential District or use there shall be a protective strip of not less than 15 feet in width established as a buffer zone. Landscaped buffer must contain a fence or evergreen hedge. m) Multi -Family Developments R-3 and PUD). When adjacent to a lower density residential use, all multifamily developments shall provide a landscaped area within the minimum setback area. The landscaped area shall provide plantings within the setback as a buffer between structures and the lower density residential property line. n) Planting Screens. A planting screen shall consist of healthy, fully hardy plant materials and shall be designed to provide a minimum year-round opaqueness of eighty percent (80%) at the time of maturity. The plant material shall be of sufficient height to achieve the required screening. o) Screening Fence or Wall. A fence or wall may be used for screening when plant materials are provided along the outside of the fence or wall for aesthetic appeal. A screening fence, different from residential yard fence or wall shall be constructed of attractive, permanent finished materials, compatible with those used in the construction of the principal structure. Such screens shall provide a minimum year-round opaqueness of eighty percent (80%) and be of sufficient 502.12-5 ORDINANCE 502 — ZONING ORDINANCE height to achieve screening but not to exceed six feet (6') in height, except that in business and industrial districts may be allowed up to eight feet (8'). p) Earth Berms. An earth berm may be allowed for screening when used in combination with plantings following a review by city staff and approval by the Planning Commission. A height minimum of twenty five percent (25%) of the required screen must be provided with trees or shrubs or other acceptable plant materials. Earth berms shall be of sufficient height to achieve screening but shall not exceed three to one (3:1) slope. q) Waste Handling Screening. For industrial, commercial, institutional, public/semi- public, and multiple family residential uses, excluding townhome developments, all waste, recycling and related handling equipment shall be stored and kept in a four sided enclosure constructed of a brick, stone, decorative concrete material or a material compatible with the material of the principle structure. Subd. 6: Building and Lot Restrictions. a) No building shall be erected, converted, enlarged, reconstructed or structurally altered, nor shall any building or land be used except for a purpose permitted in the district in which the building or land is located. b) No building shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit herein established for the district in which the building is located. C) No building shall be erected, converted, enlarged, reconstructed or structurally altered except in conformity with the area regulations of the district in which the building is located. d) The minimum yards and other open spaces, including lot area per family, required by this Ordinance for each and every building existing at the time of passage of this Ordinance or for any building hereafter erected shall not be encroached upon or considered as yard or open space requirements for any other building. e) Every building hereafter erected or structurally altered shall be located on a lot as herein defined and in no case shall there be more than one (1) principal building on one lot unless provided in this Ordinance. f) On a through street, a lot fronting on two parallel streets, or a corner lot, both street lines shall be front lot lines for applying yard, setback and parking requirements, except that for the purpose of determining the location of the rear yard, the following rules apply: For a corner lot, the rear yard shall be that portion of the yard opposite the yard frontage as defined by this Ordinance; 502.12-6 ORDINANCE 502 — ZONING ORDINANCE 2. For a through lot, the rear yard shall be that portion of a lot opposite the street from which the principal structure derives its address. 3. Any use generally permitted within the rear yard of a lot may be permitted in the rear yard of a through lot or corner lot so long as the use meets all setback requirements, assuming that the front yard setback applies to all streets abutting the property. g) Manufactured homes as defined in this Ordinance shall be limited to locations provided in the district provisions. h) Any dwelling constructed in an area zoned R-1, on a lot of a plat approved by the City on or after July 15, 1991, shall include an attached or detached private garage of at least 20 feet in width and 22 feet in depth. For purposes of this ordinance, width shall be measured on the side of the garage having an overhead garage door for motor vehicle access. i) Residential lots shall have no more than a single curb cut providing access to the lot. The curb cut shall not be more than 30 feet in width. j) No galvanized or unfinished steel, galvalum or unfinished aluminum buildings (walls or roofs) (except those specifically intended to have a corrosive designed finish such as corten steel) shall be permitted in any zoning district except in association with farming operations. k) Buildings in all zoning districts shall maintain a high standard of architectural and aesthetic compatibility with surrounding properties to ensure that they will not adversely impact the property values of the abutting properties or adversely impact the public health, safety and general welfare. 1) Residential dwellings in the R-1, R-2 and R-3 Districts, except those within approved manufactured home subdivisions: Shall have a minimum roof pitch of 4:12, and each roof shall be shingled or feature approved materials. 2. Shall maintain a minimum width of twenty-two (22) feet throughout a minimum of seventy percent (70%) of the structure. 3. Shall be placed on permanent foundations of wood or concrete. Subd. 7: Height and Yard Exceptions. a) Chimneys, cooling towers, elevator bulk heads, fire towers, drive-in movie theater screens, grain elevators, silos, penthouses, stacks, tanks, water towers, pumping towers, radio or television towers, monuments, cupolas, steeples and mechanical appurtenances pertaining to and necessary to the permitted use of the district in 502.12-7 ORDINANCE 502 — ZONING ORDINANCE which they are located, shall not be included in calculating the height of the principal structure. Wind energy towers and solar collectors will be allowed by the variance procedure provided under this Ordinance. b) Outside stairways, fire escapes, fire towers, porches, platforms, decks, balconies, boiler flues and other similar projections shall be considered as part of the building and not allowed as part of the required space for yards, courts or unoccupied space, provided, however, that this provision shall not apply to one (1) fireplace or one (1) chimney, not more than eight (8) feet in length and projecting not more than thirty (30) inches into the allowable side yard space nor cornices not exceeding sixteen (16) inches in width nor to platforms, terraces or steps below the first floor level, nor to unenclosed porches or other ground level unenclosed projections not over one (1) story in height which may extend into a front or rear yard not more than five (5) feet, or into a side yard not more than four (4) feet, but such platform shall be restricted from the five (5) foot required side yard in the residence district. Subd. 8: Independent Sewage Treatment System Provisions. a) Once available, all sewage and water facilities shall be connected to the Municipal sewer and water facilities within ninety (90) days of when said services become available. Where sewers are not constructed or in operation all sewage facilities shall be connected to approved septic tanks and disposal fields. This provision shall not apply to temporary construction sites, or portable units. b) Where access to a public sanitary sewer is not available hereunder, the building sewer shall be connected to an independent sewage treatment system complying with rules and regulations contained herein; as prescribed by the Minnesota Pollution Control Agency; and, as contained in all other local, state, or federal mandates. C) Rules and regulations applicable to independent sewage treatment systems contained within Minnesota Rules are hereby incorporated. d) The building owner/lessee shall be required to operate and maintain the Independent sewage treatment system in a sanitary manner, at all times, without City expense. e) Existing ISTS which are failing shall be required to be upgraded, replaced, or repaired in compliance with provisions herein contained and as set forth in Minnesota Rules, as applicable, within 180 days. f) All ISTS design, installation, alteration, repair, maintenance, pumping, and inspection activities shall be completed under a license or by a qualified employee, or as exempted under part 7080.0700, subpart 1 (Minnesota Rules). g) At such time as a public sewer becomes available to a property served by an 502.12-8 ORDINANCE 502 — ZONING ORDINANCE independent sewage treatment system, and a direct connection is made to the public sewer and any septic tanks, cesspools, leaching pits, dry wells, seepage pits, privies, and similar private sewage disposal facilities shall be abandoned in compliance with Minnesota Rules, Chapter 7080.0176. h) No statement contained herein shall be construed to interfere with any additional requirements that may be imposed by the City or other authority. i) Permit Requirement. Prior to commencement of the construction or the alteration or repair of an independent sewage treatment system, an applicant must obtain a written permit from the City. The permit application shall include: Site evaluation report by a licensed septic system designer including items identified in MN Rules Chapter 7080, and including a certified statement from the entity that conducted the evaluation. 2. A design report and drawings created by a licensed septic system designer including calculations and summaries for all system component sizing. 3. Additional information as requested and provided for within this Ordinance. j) The City shall not issue a zoning permit for a bedroom or bathroom addition, or a system replacement on a property served by an ISTS unless the individual sewage treatment system is in compliance with applicable requirements hereunder as evidenced by a certificate of compliance. k) A permit for an ISTS shall not become effective until installation has been completed as certified by the City. The City shall be allowed to inspect the work at any stage of construction with or without notification. The applicant shall notify the building inspector when the ISTS is ready for final inspection, and before any underground portions are covered. 1) Recordkeeping. The City shall maintain copies of certificates of compliance, notices of noncompliance, permit applications, issued permits, enforcement proceedings, variance requests, and other actions taken. Said records shall be available for review as defined in MN Rules 7080. 2. The City shall submit an annual report to the commissioner to demonstrate enforcement of this Chapter, provided application has been made thereto. Subd. 9: Lighting Standards. Any lighting used to illuminate an off-street parking area, sign or other structure shall be arranged as to deflect light away from any adjoining residential zone or from the public streets. Direct or sky -reflected glare, where from floodlights or from high temperature processes such as combustion to welding shall not be directed into any 502.12-9 ORDINANCE 502 — ZONING ORDINANCE adjoining property. The source of lights shall be hooded or controlled in some manner so as not to light adjacent property. Bare incandescent light bulbs shall not be permitted in view of adjacent property or public right-of-way. Any light or combination of lights which case light on a public street shall not exceed one (1) foot candle (meter reading) as measured from the center line of said street. Any light or combination of lights which cast light on residential property shall not exceed 0.4 foot candles (meter reading) as measured from said property. Subd. 10: Pollution. All uses shall comply with all federal, state and local pollution and nuisance laws and regulations, including, but not limited to, glare, smoke, dust, odors and noise. The burden of proof for compliance of appropriate performance standards shall lie with the applicant. Subd. 11: Dwelling Unit Restrictions. a) No cellar, basement, garage, tent or accessory building shall at any time be used as an independent residence or dwelling unit, temporarily or permanently. b) Basements may be used as living quarters or rooms as a portion of residential dwellings. Rental unit(s) in basements shall be subject to provisions of the appropriate zoning district as well as the provisions of Ordinance #550 governing rentals. C) Tents, play houses or similar structures may be used for play or recreational purposes, but shall not be independent residences or dwelling units, except as provided for via license in licensed recreational camping areas. d) No dwelling shall hereafter be erected or altered unless there is direct access to it from a public street. Subd. 12: Outdoor Storage and Refuse. a) Outside storage. Residential Uses. All outside storage of materials and equipment for residential uses (excluding farms) shall be stored within a building or fully screened so as not to be visible from adjoining properties, except for the following: A. Clothes line pole and wire. B. Any combination of two or fewer licensed and operable recreational vehicles (RV's, boats, snowmobiles on a trailer, etc.) and/or seasonal automobiles may be parked or stored on property outside a home, provided: i. If they are stored in the front yard they are stored entirely on an established driveway, entirely on the owner's property. 502.12-10 ORDINANCE 502 — ZONING ORDINANCE ii. If stored in the side yard they are at least five feet from the property line. iii. If stored in the rear yard they are at least ten feet from the rear lot line and five feet from a side lot line. iv. If stored on a corner lot they are not closer than twenty feet from the property line abutting a side street. V. Storage and/or parking of commercial vehicles and/or equipment, or any combination thereof, is prohibited. This section will not apply to light trucks classified as 1/2 ton and 3/4 ton pickups, panels and sedans. C. Construction and landscaping material currently being used on the premises. D. On and off street parking of currently registered and operable passenger vehicles and trucks. E. Lawn furniture or furniture used and constructed explicitly for outdoor use. F. Rear or side yard exterior storage of firewood for the purpose of consumption only by the person(s) on whose property it is stored. b) Commercial/Industrial Uses. Except as allowed by district use provisions, outside storage of equipment, materials and inventory as a principal or accessory use for commercial and industrial uses shall require a conditional use permit subject to the provisions of this Ordinance and all non-residential outside storage shall conform to the following conditions: The area occupied is not within a required front or required side yard. 2. The storage area is totally fenced, fully screened, and landscaped according to a plan approved by the Zoning Administrator. 3. If abutting a Residential District, or a residential use, screening and landscaping is provided according to a plan approved by the Zoning Administrator. 4. The storage area is covered to control dust and storm water drainage with bituminous surfacing, concrete or a comparable substitute approved by the City. 5. All lighting shall be directed away from the public right-of-way and from 502.12-11 ORDINANCE 502 — ZONING ORDINANCE neighboring residences. C) Refuse. All lots within all zoning districts shall be maintained in a neat and orderly manner. No rubbish, salvage materials, junk, or miscellaneous refuse shall be openly stored or kept in the open, when the same is construed by the City Council to be a menace or nuisance to the public health, safety, or general welfare of the City, or to have a depressing influence upon property values in the area. d) Waste Materials. Waste materials are to be picked up and disposed of in accordance with any and all city standards applicable to refuse/waste materials. Excluded waste materials must be disposed of in a safe and appropriate manner in accordance with local, state, and federal law. Release of excluded waste materials to public or independent sewage treatment systems, the environment, or the solid waste stream is strictly prohibited. The Disposal Service shall, upon collection, immediately assume title to and liability for solid waste materials, recyclables, and demolition debris. Subd. 13: General Building and Performance Standards: a) Residential Dwellings: All residential dwellings shall meet the following design criteria: All structures shall have permanent type foundations that are designed and constructed in accordance with all applicable provisions of the State Building Code as adopted in the State of Minnesota. 2. The exterior wall finish of all single family residences shall be similar in appearance to normal wood, stucco, stone veneer or masonry material. Vinyl and metal siding is permitted with no exposed fasteners and overlapping in sections not wider than 12 inches. Sheet metal siding is not permitted. 3. All roofs shall be covered with materials as approved by the State Building Code as adopted by the State of Minnesota and shall be similar in appearance to asphalt shingles, wood shakes, slate, and concrete tile. Sheet type metal roofing is an approved alternative provided all of the following are met: A. A metal material which is an approved type in accordance with the State Building Code. B. Be standing -seam profiled metal. C. Constructed of corrosion resistant material or have a corrosion resistant coating. D. Have concealed fasteners. 502.12-12 ORDINANCE 502 — ZONING ORDINANCE Subd. 14: Solar and Wind Energy Conversion Systems. Solar and wind energy systems shall be permitted as an accessory use in all zoning districts, subject to the standards of this section and other provisions of this Ordinance. Solar collector surfaces and all mounting devices and wind energy conversion systems shall comply with minimum setback and lot coverage requirements of the district in which they are located. a) Building -Mounted Solar Energy Systems. 1. Permitted accessory use in all zoning districts (both principal and accessory buildings) provided it is roof -mounted or built into roofing, including solar shingles, roofing tiles, and skylights or a photovoltaic curtain wall (photovoltaic _glass). Solar awnings shall be allowed in agriculture and residential districts provided it is in the rear yard. 2. Notwithstanding the height limitations of the zoning district, roof mounted solar energy systems shall not extend higher than three (3) feet above the ridge level of a roof on a structure with a gable, hip, or gambrel roof and shall not extend higher than ten (10) feet above the surface of the roof when installed on a flat or shed roof. 3. The solar collector surface and mounting devices for roof -mounted solar energy systems shall be set back not less than one (1) foot from the exterior perimeter of a roof for every one (1) foot that the system extends above the roof surface on which the systems is mounted. Solar energy systems that extend less than one (1) foot above the roof surface shall be exempt from this provision but shall not hang over the edge of the roof. b) Ground -Mounted Solar Energy Systems. 1. Permitted accessory use in the agriculture, and rural residential zoning districts. 2. Ground -Mounted solar energy systems, measured to the highest point of the system, shall not exceed the twenty (20) feet when oriented at maximum tilt. 3. Ground -mounted solar energy systems shall be located in the side or rear yard subject to the minimum setback of the zoning district and be located a minimum of fifty (50) feet from the rear and side yard property line. The required setback shall be measured from the property line to the closest part of the structure at minimum design 1 tilt. 4. The area of the solar collector surface of ground -mounted solar energy systems shall not exceed one half the building footprint of the principal structure. The maximum area of the solar energy systems shall be calculated independently of the floor area of all other accessory structures on the zoning lot and shall be exempt from the number of accessory buildinglimits. C) Conditional Use. Solar energy systems in the industrial, educational - ecclesiastical, public and in the agriculture and rural residential zoning districts that do not comply with the standards of Subd. 14 b above may be allowed by conditional use permit, subject to the following standards: 502.12-13 ORDINANCE 502 — ZONING ORDINANCE 1. Solar energy systems in the industrial, educational -ecclesiastical, and public zoning districts shall be an accessory use and not exceed three (3) percent of the lot area and be less than 1 MW, whichever is less. 2. Solar energy systems in the agriculture, and rural residential zoning districts shall be allowed as a principal or accessory use up to 5 MW. 3. Power and communication lines. Power and communication lines that are not defined in this Ordinance as essential services and running between the banks of solar panels to electric substations or interconnections with buildings that are on adjacent parcels shall be buried underground. 4. Setbacks. Solar farms and gardens must meet the minimum building setback for the zoning district and be located a minimum of two hundred (200) feet from a residential use/dwelling not located on the property. 5. Screening. Ground -mounted solar energy systems shall be screened when adjacent to a residential use or zoned property pursuant to Section 502.12 Subd. 5. Vegetation requirements and management. The following provisions shall be met related to the establishment of vegetated - ground cover if the ground -mounted solar system has a generating capacity of more than 40 kilowatts. Additional requirements may apply as required by the City Council. 1. The project site design shall include the installation and establishment of ground cover meeting the beneficial habitat standards usingnative plant species and seed mixes consistent with the Department of Natural Resources "Prairie Establishment & Maintenance Technical Guidance for Solar Proiects" and guidance as set 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. d) General Performance Standards for Solar Systems. Requirements for all zoning districts. 1. No solar energy system of any kind shall be erected anywhere within the city without first making application for and obtaining from the citya permit thereof which shall not be granted unless all requirements of this Section and this Ordinance are met, and the proposed use will not be harmful to the public health, welfare, and safety. 2. The supporting framework for freestanding solar energy systems shall not include unfinished lumber. 3. Solar thermal piping shall match roof or solar collector color. 4. Solar energy systems shall not be used for the display of advertising 5. Stormwater management shall meet the requirements of the City's Stormwater Design Standards and this Ordinance. 6. Erosion and sediment control shall meet the requirements of this Ordinance. 7. 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 soil and climate conditions. 8. All solar systems shall be in compliance with any applicable local, state and federal re ug latory standards, including the State of Minnesota Uniform 502.12-14 ORDINANCE 502 — ZONING ORDINANCE Building Code, as amended; and National Electric Code, as amended. 9. All solar energy systems using a reflector to enhance solar production shall minimize glare from the reflector that affects adjacent or nearby properties. Measures to minimize nuisance glare include selective placement of the system, screening on the north side of the solar array, modifying the orientation of the system, reducing use of the reflector systems, or other remedies that limitlg are. 10. All abandoned or unused solar panels and/or ground -mounted solar energy systems shall be removed within twelve (12) months of the cessation of operations. e) Building -Mounted Wind Energy Conversion Systems. 1. Permitted accessory use in all zoning districts. 2. Building mounted wind energy conversion systems shall not exceed fifteen (15) feet in height (structure and rotors). 3. The maximum number of systems per buildings shall be 1 per 2,000 SF of roof area for four (4) or more stories and at least forty-two (42) feet in height and 1 per 4,000 SF of roof area for less than four (4) stories and forty-two 42) feet in height. 4. The setback (structure and rotors) shall be ten (10) feet from the front, side, and rear walls of the building upon which it would be mounted. 5. The structure upon which the proposed wind energy conversion system is to be mounted shall have the structural integrity to carry the weight and wind loads of the wind energy system and have minimal vibration impacts on the structure. f) Freestanding Wind Energy Conversion Systems. 1. Permitted accessory use in the agriculture and rural residential zoning districts _provided the lot size is ten (10) acres or more. 2. Only one 1) freestanding wind energy conversion system per lot, located in the side or rear yard shall be allowed. 3. The maximum height shall be forty (40)feet. 4. The minimum setback shall be 125% of the height of the wind enerizv system (pole and rotors). g) Conditional Use. Wind energy conversion systems in the agriculture and rural residential zoning districts that do not comply with the standards of Subd. 14 f above may be allowed by conditional use permit, subject to the following standards: 1. The minimum lot size is twenty (20) acres or more. 2. The minimum lot area per pole shall be one per 10 acres. 3. The maximum height shall be one hundred (100,) feet. 2. The minimum setback shall be 125% of the height of the wind energy system (pole and rotors). h) General Performance Standards for all Wind Enenzv Conversion Svstems. 1. No wind energy conversion system or support tower of any kind shall be erected anywhere within the city without first making application for and obtaining from the city a permit thereof which shall not be granted unless all requirements of this Section and this Ordinance are met, and the proposed use 502.12-15 ORDINANCE 502 — ZONING ORDINANCE will not be harmful to the public health, welfare, and safety. 2. Scaled schematic drawings _and photographic perspectives showing the structure and the placement of the wind energy conversion system shall be submitted to the city. 3. Prior to the issuance of a permit, the applicant shall provide documentation or other evidence from the dealer or manufacturer that the wind energy conversion system has been successfully perated in atmospheric conditions and is warranted against anysystems failures under reasonably expected severe weather. 4. A written certification from a licensed structural engineer that the structure has the structural inte rg_ity to carry the weight and wind loads of the wind energy conversion system and have minimal vibration impacts on the structure shall be submitted to the city. 5. An analysis from a licensed engineer showing how the wind energy conversion system shall be designed, constructed and operated in compliance with all applicable federal, state, and local laws, codes, standards and ordinances. 6. A written certification from a licensed engineer confirming that the wind energy conversion system is designed to not cause electrical, radio frequency, television and other communication signal interference. 7. Written evidence that the electric utility service provider that serves the proposed site has been informed of the applicant's intent to install a wind energy conversion system, unless the applicant does not plan to connect the system to the electricity grid and declares so in the application. 8. The freestanding wind energy system shall be of monopole design. 9. All systems shall contain an internal governor or braking device which engages at wind speeds in excess of forty (40) miles per hour and minimizes the potential for wind damage to the equipment. 10. Restriction on sound level at the lot line shall comply with the state pollution control agency's pollution control section (NPC 1 and NPC 2), as amended. 11. Minimum blade clearance to the ground of 30 feet for pole mounted horizontal turbines. 12. Wind energy conversion system tower foundations shall be designed to resist two times the wind uplift calculated under the Uniform Building Code as adopted by the city and shall have a professional engineer's certification. 13. No wind energy conversion system tower shall be constructed within 20 feet laterally of an overhead electrical power line (excluding secondary electrical service lines or service drops). The setback from the underground electric distribution lines shall be at least five feet. 14. All sites shall be reasonably protected against unauthorized climbing The bottom of the tower, measured from ,ground level to twelve (12) feet above ground level, shall be designed in a manner to discourage unauthorized climbing. 15. All electrical wires associated with a freestanding wind energy conversion system shall be located within the tower and underground. Such systems and towers shall be adequately grounded, as determined by city engineer, for protection against a direct strike by lightning and shall comply, as to electrical 502.12-16 ORDINANCE 502 — ZONING ORDINANCE wiring and connections, with all applicable federal regulations, state statutes, regulations, and standards, as well as city codes. 16. Advertising or identification of any kind on wind energy conversion systems shall be prohibited, except for applicable warning _ and nd equipment information signage required by the manufacturer or by federal, state, or local regulations. 17. Wind energy conversion systems shall not be illuminated by artificial means, except where the illumination is specifically required by the Federal Aviation Administration or other federal, state, or local regulations. 18. Wind energy conversion systems shall utilize building materials, colors, and textures that are compatible with the existing principal structure and that effectively blend the system facilities into the surroundingsetting etting and environment to the greatest extent possible. Rotor blades shall be non-metallic to prevent communication signal interference. Metal towers shall be constructed of, or treated with, corrosive resistant material. 19. All abandoned or unused wind energy conversion systems shall be removed within twelve (12) months of the cessation of operations. Subd. 17: Conditional Use Permit applications for solar energy systems and wind energy conversion systems shall include the following: a) A site plan prepared by a qualified and licensed civil engineer or architect showing the following: 1. 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. 2. Existing public and private roads, showing the widths of the roads and any associated easements. 3. Existing buildings onsite. 4. Location and size of any existing and abandoned wells, sewage treatments systems, and dumps. 5. Existing and proposed impervious surface. 6. Tonoaranhv at (2) foot intervals and source of contour interval. a contour map of surrounding properties ma., b�quired. 7. Existing vegetation (list type and percent of coverage; i.e. grassland, pasture, plowed field, wooded areas, etc.). 8. Waterways, watercourses, lakes and public water wetlands. 9. Delineated wetland boundaries. 10. The one hundred ( l 00) year flood elevation and Re _ u�y Flood Protection Elevation, floodway, flood fringe and/or general flood plain district boundary, if applicable. 11. The shoreland district boundary, if any portion of the project is located in a shoreland overlay district, including the ordinary high water level, the highest known water level, and the toe and top of any bluffs within the project boundaries. 12. Drainage andrg adingplan. 13. Erosion and sediment control plan. 14. The number of solar panels or wind energy conversion systems and 502.12-17 ORDINANCE 502 — ZONING ORDINANCE acreage to be installed. 15. The location and spacing of solar panels or wind energy conversion systems, including distances from property. lines. 16. Sketch elevation of the premises accurately depicting the proposed solar energy conversion system and its relationship to structures on adjacent lots if any). 17. Location of access roads. 18. Planned location of underground or overhead electric lines connecting the solar farm to the building, substation or other electric load. 19. New electrical equipment other than at the existing building or substation that is the connection point for the solar farm. 20. A detailed landscaping, plan for solar projects, including location, type and size. b) Glare Study. Solar Projects utilizing a reflector system shall conduct alg are study US Dept. of Energy's Solar Glare Hazard Analysis Tool) to identify the impacts of the system on occupied buildings and transportation rights-of-way within a half mile of the project boundary. c) Decommissioning Plan A decommissioning plan shall be required for solar energy systems and wind energy conversion systems for the abandonment of facilities. 1. Decommissioning of solar panels and wind energy conversion systems must occur in the event the conditional use permit expires or is terminated, and/or the solar panels or wind energy conversion systems are not in use for twelve (12) consecutive months. 2. Decommissioning Plan components shall include: A. Removal of all structures, foundations, equipment, and power/communication lines. B. Restoration of the site soils and veLyetation to its ore -development condition. C. Financial guarantee in a form and amount acceptable to the CitX Attorney namingthe he City as oblige. The amount of the guarantee will be calculated using an inflationary escalator for the useful life of the facility constructed and will cover the full cost of decommissioning. d) Enforcement. If said decommissioning has not been completed within a six (6) month period after the conditional use permit expires or is terminated, and/or solar panels or wind energy conversion systems are not in use for twelve (12) consecutive months, then the City shall provide written notice by certified mail to the landowner requiring that decommissioning be completed within thirty (30) calendar days of the receipt of said notice. If the decommissioning has not been completed within thirty (30) calendar days of the receipt of said notice, the City may either undertake the decommissioning and charge the landowner and/or facility owner and operator for all of the costs and expenses thereof, including reasonable attorney's fees, or take appropriate action to compel the decommissioning. All costs incurred by the City shall be billed to 502.12-18 ORDINANCE 502 — ZONING ORDINANCE the landowner and if not paid within sixty (60) calendar days of billing shall become a lien against the project or levied as an assessment against the property. In the event that the City chooses to undertake the decommissioning as stated above, the City shall have the right to draw on the bond, letter of credit, escrow or other financial security at its discretion. Subd. 14 Development/Site Plan Review. All site and building plans for multiple family residential, commercial, industrial, institutional or public/semi-public uses shall require review and approval by the Zoning Administrator. Plans shall be prepared by a qualified and licensed civil engineer and architect. a) Applications and Submittal Requirements: Applications for site and building review shall be filed with the Zoning Administrator and shall be accompanied by the appropriate fee and the following submittal information: 1. Proof of title and contract/purchase agreement and property owner signature on the application form when applicable. 2. Four (4) large scale copies, twelve (12) reduced (11"x17") copies of detailed written materials, plans and specifications and one electronic copy. 3. Site Plan depicting the following: A. Name of project or development. B. Name and address of developer and/or owner and engineer/architect. C. Scale (engineering only) at not less than one (1) inch equals one hundred feet. D. North point indication. E. Existing boundaries with lot dimension and lot area. F. Existing buildings, structures and improvements. G. Easements of record. H. Delineated wetland boundary, to include the OHWL of any lakes or DNR waters. L All encroachments. J. Legal description. 502.12-19 ORDINANCE 502 — ZONING ORDINANCE K. Location, setback and dimensions of all proposed buildings and structures. L. Location of all adjacent buildings and structures within one hundred (100) feet of the exterior boundaries of the subject property. M. Location, number, dimensions of all proposed parking stalls, loading areas, fire lane, drive aisles, with curbing shown. N. Location, width and setbacks of all proposed street accesses and driveways and existing accesses within 100 feet of the property. O. Location, width and setbacks of all proposed sidewalks, walkways and trails. P. Location and type of all proposed lighting, including fixture details. Q. Provisions for storage and disposal of waste, garbage and recyclables, including details for enclosing and screening exterior containers. R. Calculations for impervious/pervious surfaces. 4. Architectural Plans showing the following. A. Date of plan preparation and dates of any subsequent revision. B. Architectural elevations, in color, of all principal and accessory buildings (type, and materials used in all exterior surfaces). C. Typical floor plan and room plan drawn to scale with a summary of square footage by use or activity. 5. Grading Plan depicting the following: A. Existing contours at two (2) foot intervals. B. Proposed grade elevations at two (2) foot maximum intervals. C. Drainage plan, including the configuration of drainage areas and calculations. D. Spot elevations. E. Surface water ponding and treatment areas. F. Erosion control measures. G. Wetland replacement plan (when applicable). H. Soil borings. I. Drainage calculations for 2, 10, and 100 year storm events. J. Delineated wetland boundary, to include OHWL of any lakes or DNR waters. K. Date of plan preparation and dates of any subsequent revisions. 502.12-20 ORDINANCE 502 — ZONING ORDINANCE 6. Screening of heating, ventilation and air-conditioning equipment. 7. Landscaping material including the location, type of plant and size. 8. Utility Plan showing the following: A. Location of hydrants, valves and manholes, if any. B. Location, sizing, and type of water and sewer system main and proposed service connections, hydrants, valves, and manholes; or, C. Location and size of proposed primary and secondary on-site treatment systems, when allowed. D. Storm sewer, catch basins, invert elevation, type of castings and type of materials. 9. A description of provisions which shall be made on the site for adequate open space and recreational areas to properly serve residents of the facility. 10. Any other fencing, screening, or building accessories to be located in the development area. b) Design Standards: Plans which fail to meet the following criteria shall not be approved. 1. The proposed development application must be consistent with the St. Joseph Comprehensive Plan, city policies and plans, including: A. Land Use Plan B. Utility (Sewer and Water) Plans C. Local Water Management Plan D. Capital Improvement Plan E. Transportation Plan F. Stormwater Design Standards 2. The proposed development application conforms to this Ordinance and other applicable City Codes. 3. The proposed development shall be served with adequate and safe water supply. 4. The proposed development shall be served with an adequate and safe sanitary sewer systems. C) Review and Required Fee. The Zoning Administrator shall forward copies of application and site and building plans to the appropriate staff, consultants and governmental 502.12-21 ORDINANCE 502 — ZONING ORDINANCE agencies for review and recommendation. The Community Development Department shall perform a review and approve or deny the application. The Community Development Department may also suggest conditions as they deem necessary to the approval of the site and building plans. 2. The applicant may appeal any denial or decision by the Department to the Planning Commission and City Council according to the appeals process in this Ordinance. 3. Fees payable under this section for site plan review shall be in an amount as established by resolution of the City Council. Preparation and review of all elements of the required development plan, as listed and described above, is to be at the sole expense of the developer and at no expense to the public. The fee is payable at the time of filing a petition and is not refundable. In addition to the above fees and in the event the City incurs professional fees, either legal, engineering or professional planners, or any other cost, including but not limited to, postage and publication expenses, the applicants shall reimburse the City for those fees, and the City officials may require an escrow deposit, cashier's check or letter of credit for these fees prior to the final action on the application for development plan review. Such escrow or letter of credit shall be in the form approved by the City Attorney. Subd. 15: Additional Requirements. Uses may be subject to additional requirements contained in this Ordinance including, but not limited to the sections governing parking, home occupation, floodplain, signs, etc. a) A Lock Box shall be installed on all buildings before a Certificate of Occupancy will be issued. b) A copy of proposed covenants and/or homeowner's association agreement (s). C) When required, evidence of completion of National Pollutant Discharge Elimination System (NPDES) permitting program and/or the City of St. Joseph Storm Water Pollution Prevention Program (SWPPP). d) If applicable, evidence of compliance with federal, state and local pollution and nuisance laws and regulations, including, but not limited to glare, smoke, dust, odors and noise. The burden of proof for compliance with appropriate standards shall lie with the applicant. 502.12-22