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Home My WebLink About10-04-23-PC AgendaChair: Paul Vijums lt' Commissioners: Jonathan � EN HILLS Wicklund Kurt Weber Planning Commission Arlene Mitchell October 4, 2023 Joshua Collins 6:30 p.m. Shelley Blilie City Hall Brad Bjorklund Steven Jones (Alt) Council Liaison: Emily Rousseau City Vision Address: 1245 W Highway 96 Arden Hills MN 55112 Phone: 651-792-7800 Website: www.cityofardenhills.org Arden Hills is a strong community that values its unique environmental setting, strong residential neighborhoods, vital business community, well -maintained infrastructure, fiscal soundness, and our long-standing tradition as a desirable City in which to live, work, and play. This meeting can be accessed remotely by joining via Zoom To join the Zoom meeting, click this link (or copy and paste it into a new browser): https://us02web.zoom. us/j/85750646455 This meeting will be streamed live on local Cable Channel 16 and available for playback on our website Agenda CALL TO ORDER 1. APPROVAL OF THE AGENDA 2. APPROVAL OF MINUTES 2.A. September 6, 2023 Planning Commission Regular Meeting Documents: 09-06-23 PC MINUTES.PDF 3. PLANNING CASES 3.A. Planning Case 23-017 - 4504 Hamline Avenue N. - Conditional Use Permit (Public Hearing Required) Documents: MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF 3.B. Planning Case 23-018 - Zoning Code Amendment To Chapter 13 To Allow Solar Energy Systems In Residential Districts (Public Hearing Required) Documents: MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF ATTACHMENT D.PDF ATTACHMENT E.PDF 4. UNFINISHED AND NEW BUSINESS 5. COMMENTS AND REPORTS 5.A. Report From The City Council 5.13. Planning Commission Comments 6. ADJOURNMENT ADJOURN A quorum of the City Council may be present at this meeting. '�Tt -ADI�EN HILLS Approved: CITY OF ARDEN HILLS, MINNESOTA PLANNING COMMISSION WEDNESDAY, SEPTEMBER 6, 2023 6:30 P.M. - ARDEN HILLS CITY HALL CALL TO ORDER/ROLL CALL [DRAFT---, Pursuant to due call and notice thereof, Vice Chair Wicklund called to order the regular Planning Commission meeting at 6:30 p.m. ROIL CALL Present were: Commissioners Shelley Blilie, Joshua Collins, Arlene Mitchell, Kurtis Weber, and Jonathan Wicklund. Absent: Chair Paul Vijums and Commissioner Brad Bjorklund. Also present were: Community Development Director Jessica Jagoe, Senior Planner Elena Fransen and Councilmember Emily Rousseau. APPROVAL OF AGENDA — SEPTEMBER 6, 2023 Commissioner Weber moved, seconded by Commissioner Mitchell to approve the September 6, 2023, agenda as presented. The motion carried unanimously (5-0). APPROVAL OF MINUTES August 9, 2023 — Planning Commission Regular Meeting Vice Chair Wicklund requested a change to the minutes on Page 4 under Item B noting the comment should read Community Development Director Jagoe stated that. Commissioner Collins moved, seconded by Commissioner Weber, to approve the August 9, 2023, Planning Commission Regular Meeting as amended. The motion carried unanimously (5-0). PLANNING CASES A. Planning Case 23-016; 1945 Edgewater Avenue - Variance — Public Hearing Not Required ARDEN HILLS PLANNING COMMISSION — September 6, 2023 2 Senior Planner Fransen stated Robert Williams ("Applicant") has requested a variance to construct an addition to the north and south elevation of an existing detached garage on the property located at 1945 Edgewater Avenue ("Subject Property"). The Applicant has requested a variance to decrease the required side yard setback for corner lots from the minimum requirement of 40 feet to 5.8 feet and decrease the required front yard setback from the minimum requirement of 40 feet to 39.2 feet. The Applicant is proposing a four -foot -wide addition on both sides of the garage to expand the existing garage width from 18.4 feet to 26.4 feet. The addition would add 128 square feet to the existing garage. Senior Planner Fransen reviewed the surrounding area, the Plan Evaluation and provided the Findings of Fact for review: General Findings: 1. City Staff received a land use application for a variance request to the required R-2 Zoning District side yard setback for corner lots and the front yard setback at the Subject Property 1945 Edgewater Avenue. 2. A single-family dwelling is a permitted use within the R-2 Zoning District. 3. The garage addition will not impede sight lines or obstruct the clear vision area from the roadways since the existing building line along Prior Avenue will remain the same. 4. The existing detached garage is legal nonconforming with a side yard setback of 1.4 feet. 5. The proposed garage addition would have a side yard setback for a corner lot of 5.8 feet and does not increase the nonconformity of the lot. 6. The proposed garage addition would decrease the required front yard setback to 39.2 feet. Variance Findings: 1. Variances are only permitted when they are in harmony with the general purposes and intent of the ordinance. 2. The proposed garage addition would not alter the essential character of the neighborhood because the proposed design will fit with the neighborhood and will not encroach further into the existing garage's corner side yard setback. 3. The variance request is not based on economic considerations alone. Senior Planner Fransen reviewed the options available to the Planning Commission for Planning Case 23-016 for a Variance at 1945 Edgewater Avenue: 1. Recommend Approval with Conditions 1) A Building Permit shall be issued prior to commencement of construction. 2) The proposed building shall conform to all other standards and regulations in the City Code. 2. Recommend Approval as Submitted 3. Recommend Denial 4. Table Vice Chair Wicklund opened the floor to Commissioner comments. Commissioner Collins asked why the Commission was reviewing this request when City setbacks were not being met by the existing detached structure. ARDEN HILLS PLANNING COMMISSION — September 6, 2023 3 Senior Planner Fransen explained a detached structure that was nonconforming could not be expanded without going through the variance process. Commissioner Weber questioned what the implications were for the property should the homeowner decide to sell. Senior Planner Fransen reported if the homeowner were to sell, the variance would be for the garage addition specifically proposed in this planning case. She stated any further expansion would have to be reviewed by the City. Commissioner Weber asked if the home were demolished and rebuilt, could the new home have the requested setbacks. Community Development Director Jagoe reviewed the language regarding non -conforming structures, noting it was the same language within State Statute. She reported that City Code for detached structures with non -conformities are allowed to be repaired and maintained but cannot be expanded without a variance. She explained the property owner would be allowed to rebuild the house and detached structure if a fire were to occur subject to compliance with city code and State Statute language. She further noted that the setbacks being requested specifically apply to the proposed garage addition illustrated in the planning case and would not be applicable to separate improvements or further expansion to the Subject Property without a variance. Commissioner Blilie indicated she supported the proposed variance request. Commissioner Weber moved and Commissioner Collins seconded a motion to recommend approval of Planning Case 23-016 for a Variance at 1945 Edgewater Avenue based on the findings of fact and the submitted plans, as amended by the conditions in the September 6, 2023, report to the Planning Commission. The motion carried unanimously (5-0). UNFINISHED AND NEW BUSINESS None. REPORTS A. Report from the City Council Councilmember Rousseau provided the Commission with an update from the City Council. She reported the Council approved the fencing Ordinance and would require snow fencing to be removed no later than April 1. She indicated the Council also approved the low potency/hemp regulations with amendments. She stated the Economic Development Commission met in August and was addressing the City's sign code ordinance. B. Planning Commission Comments and Requests Vice Chair Wicklund stated Commissioner Clayton Zimmerman had resigned his position from the Planning Commission. He noted the City would be seeking a volunteer for this alternate seat on the Commission. ARDEN HILLS PLANNING COMMISSION — September 6, 2023 4 /\ pull11 m Commissioner Blilie moved, seconded by Commissioner Mitchell, to adjourn the September 6, 2023, Planning Commission Meeting at 7:03 p.m. The motion carried unanimously (5-0). PC Agenda Item — 3A ,`iRZEN HILLS MEMORANDUM DATE: October 4, 2023 TO: Planning Commission Chair and Commissioners FROM: Jessica Jagoe, Community Development Director SUBJECT: Planning Case # 23-017 — Public Hearing Required Applicant: Brian Densmore Property Location: 4504 Hamline Avenue N. Request: Conditional Use Permit Requested Action Brian Densmore ("Applicant") has submitted an application for a Conditional Use Permit to allow a Class II Accessory Home Occupation at 4504 Hamline Avenue N. The Applicant is the owner of Brian Densmore Tax Service, Inc., a business related to the preparation of tax returns. A home occupation is allowed in residential zoning districts, but a Conditional Use Permit is required when there are customers visiting the residence or an employee that does not reside in the residence. The Applicant is proposing to meet with customers in -person and virtually by appointment only as well as have one part time employee that does not reside in the residence which triggered the Class 11 designation requiring a Conditional Use Permit. Background 1. Existing Site Conditions: 4504 Hamline Avenue N. ("Subject Property") is zoned R-1, Single Family Residential District, and is designated for Low Density Residential Uses in the 2040 Comprehensive Land Use Plan. The Subject Property is the site of a single-family dwelling owned by Mr. Densmore. All adjacent properties to the north, east, and south are also zoned R-1, Single Family Residential District, and designated for Low Density Residential Uses in the 2040 Comprehensive Land Use Plan. The parcels to the west across the street on Hamline Avenue are zoned R-3, Townhouse and Low Density Multiple Dwelling District, and designated for Medium Density Residential Uses in the 2040 Comprehensive Land Use Plan. 2. Site Data 2040 Future Land Use Plan: LDR — Low Density Residential Existing Land Use: Single Family Dwelling Zoning: R-1 Single Family Residential Dwelling District Lot Size: 0.35 acres City of Arden Hills Planning Commission Meeting for October 4, 2023 P:\Planning\Planning Cases\2023\PC 23-017, 4504 Hamline Avenue N. - CUP Page 1 of 6 Proposed Use: The Applicant submitted a Conditional Use Permit application to allow a Class II Accessory Home Occupation on the Subject Property for the operation of Brian Densmore Tax Service, Inc. The company's business activities are related to the preparation of tax returns. Clients are seen at a scheduled appointment either in -person or virtually. From February 1st to April 15tf, client appointments would be Monday through Saturday between 9 a.m. to 6 p.m. For the remainder of the calendar year, appointments are scheduled as needed. Most of the client communications and business activity is conducted by phone or email. The Applicant indicates he has a regular client base and is not accepting any new clients so the home occupation is not anticipated to grow beyond the scope as described in this application. As part of this application, the Applicant is requesting to be allowed one part-time employee that does not reside in the residence. No advertisement shall be placed on the property. Approvals: 1. Conditional Use Permit A Conditional Use Permit is required for Class II Accessory Home Occupations. A home occupation is allowed in residential zoning districts as an accessory use, but it becomes a Class II Home Occupation when there are patrons visiting the premises and/or an employee who does not reside in the residence. City Code Section 1355.04 Subd. 3 of the Arden Hills Zoning Code lists the criteria for evaluating a Conditional Use Permit. The Planning Commission and City Council should consider the effect of the proposed use upon the health, safety, convenience and general welfare of the owners and occupants of the surrounding land and the community, in general, including but not limited to the following factors: 1. Existing and anticipated traffic and parking conditions; 2. Noise, glare, odors, vibration, smoke, dust, air pollution, heat, liquid or solid waste, and other nuisance characteristics; 3. Drainage; 4. Population density; 5. Visual and land use compatibility with uses and structures on surrounding land; 6. Adjoining land values; 7. Park dedications where applicable; 8. Orderly development of the neighborhood and the City within the general purpose and intent of the Zoning Code and the Comprehensive Development Plan for the City. Under state law, a conditional use is a use that is generally allowed in a designated district upon the applicant showing that the standards and criteria stated in the ordinance will be satisfied. Conversely, if the applicant is unable to show that the ordinance standards are met, the application can be denied, but because the use is listed as permitted, the City's discretion is more limited in these matters than in a comprehensive plan or rezoning application. City of Arden Hills Planning Commission Meeting for October 4, 2023 P:\Planning\Planning Cases\2023\PC 23-017, 4504 Hamlin Avenue N. - CUP Page 2 of 6 Plan Evaluation 1. Chapter 13, Zoning Code Review Section 1325 — General Regulations, 1325.02 Accessory Uses, Subd. 3 Home Occupations A. Home occupations are allowed as either accessory uses or conditional uses depending on the characteristics of the operation. All home occupations shall comply with the following conditions: 1. It shall not result in traffic, parking, noise, light, fumes and odors to such an extent that it is noticeable that the property is being used for non-residential purposes. The Applicant has indicated the proposed home occupation will not result in increased traffic or a need for additional parking. Each customer appointment will be limited to one vehicle and an off-street parking space will be provided on the Subject Property. The Applicant states that most of the tax preparation work is done over email or phone. Outside of the tax season (i.e. February V to April 15th), the Applicant will prepare tax extensions as needed. Most of the client information is delivered through email or fax, but there are a small number of clients that prefer to drop off their materials. 2. It shall be conducted entirely within the dwelling. All of the business activity will be conducted entirely within the dwelling. The Applicant has an approximate 400 square foot office space dedicated to perform the business operations. A floor plan is included below. Building Floor Plan — Office Location -- 3. There is no exterior evidence of the home occupation. All business operations will take place inside the dwelling. The Applicant is not accepting new clients and does not intend to advertise for services. No advertisement (i.e. signage) shall be placed on the property noting that there is a business being operated on the property. City of Arden Hills Planning Commission Meeting for October 4, 2023 P:\Planning\Planning Cases\2023\PC 23-017, 4504 Hamlin Avenue N. - CUP Page 3 of 6 4. It does not require any special entrances to the dwelling. The proposed home occupation will not require any additional entrances to the dwelling. B. Class II Conditional Accessory Home Occupations. Home occupations may be allowed by Conditional Use Permit as regulated in Section 1355.04 Subd 3.C.1 if they meet the conditions stipulated above for all Home Occupations and the following conditions: The primary business activity shall be conducted by an occupant of the residence; The Applicant is an occupant of the Subject Property and owner of Brian Densmore Tax Services, Inc. 2. One person not residing in the residence maybe employed to assist in the business activity; The Applicant is requesting as part of the CUP to be allowed one part-time employee that does not reside in the residence. 3. It does not occupy more than thirty-three (33) percent of the floor area of the dwelling; The total floor area of the dwelling is 2,148 square feet. The proposed home occupation will occupy 409 square feet of the dwelling, or 19%. The Applicant will perform the business operations in a dedicated office within the dwelling. 4. It has a limited number of patrons visiting the premises; The Applicant has stated during the tax season from February 1st to April 15t" that customers will be seen daily by schedule appointments Monday through Saturday between 9 a.m. to 6 p.m. Appointments will be conducted in -person or virtually. For the remainder of the calendar year, the proposed home occupation is primarily preparing extensions for clients on an as needed basis. It was noted in the narrative that a small number of clients will drop off their tax information at the premises. S. Off-street parking for no more than two (2) additional vehicles other than those required by the occupants shall be permitted. On -street parking shall not be used to satisfy required parking; and, The proposed home occupation will not result in the need for any off-street parking. All business is conducted by appointment. Clients will be informed that they are limited to one vehicle per appointment. 6. It requires delivery of products to the premises no more than once per day. The proposed home occupation does not include a request for deliveries. The Applicant has stated that most of the client information is received via email or fax. C. Class II Conditional Accessory Home Occupations. Applications for a Class II Home Occupation as stipulated by Section 1355.04 Subd 3.C.2 shall be accompanied by the following information: 1. A photograph of the residence. Included in submission City of Arden Hills Planning Commission Meeting for October 4, 2023 P:\Planning\Planning Cases\2023\PC 23-017, 4504 Hamlin Avenue N. - CUP Page 4 of 6 2. A floor plan indicating the floor area to be used by the home occupation along with a tabulation of the total floor area and the floor area to be used for the home occupation. Included in submission 3. A statement describing the home occupation and the compliance with the required conditions. Included in submission 4. A copy of the state or county license or permit if such a license or permit is required by the state or county for the proposed home occupation. N/A 2. Sign Code — Chapter 12 This approval does not include signs. Staff recommends adding a condition that prohibits signage as part of the approval. Suggested Findings of Fact Staff offers the following findings of fact for consideration: 1. The subject property located at 4504 Hamline Avenue N. is zoned R-1, Single Family Residential District and is designated for Low Density Residential uses on the 2040 Comprehensive Plan. 2. A home occupation is allowed in residential zoning districts, but a Conditional Use Permit is required when there are patrons visiting the premises or an employee that does not reside in the residence. 3. The Applicant is the sole owner of Brian Densmore Tax Service, Inc., a business related to preparation of tax returns. 4. The home occupation is conducted entirely within the dwelling. 5. The proposed home occupation would have a limited number of patrons visiting the home, as the Applicant would only be seeing one client at a time, by appointment. 6. There will be no exterior evidence of the home occupation. 7. The Applicant will be limited to one additional part-time employee that does not reside in the residence to facilitate the home occupation. Options and Motion Language Staff has provided the following options and motion language for this case. The Planning Commission should consider providing additional findings of fact as part of the motion to support their recommendation for approval or denial. Recommend Approval with Conditions: Motion to recommend approval of Planning Case 23- 017 for a Conditional Use Permit to allow a Class II Accessory Home Occupation at 4504 Hamline Avenue N., based on the findings of fact and submitted plans, subject to the following conditions: 1. No exterior evidence of the home occupation shall be permitted. 2. No exterior signage shall be permitted. 3. The Applicant shall be limited to one employee that does not reside in the residence. 4. The Applicant shall comply with all sections of the City Code, including no more than four vehicles parked in a driveway at any one time. City of Arden Hills Planning Commission Meeting for October 4, 2023 P:\Planning\Planning Cases\2023\PC 23-017, 4504 Hamlin Avenue N. - CUP Page 5 of 6 5. The Applicant shall be required to submit and maintain a Home Occupation Accessory Class II License with the City while the home occupation is active. 2. Recommend Approval without Conditions: Motion to recommend approval of Planning Case 23-017 for a Conditional Use Permit to allow a Class II Accessory Home Occupation at 4504 Hamline Avenue N., based on the findings of fact and submitted plans in the October 4, 2023, Report to the Planning Commission. 3. Recommend Denial: Motion to recommend denial of Planning Case 23-017 for a Conditional Use Permit to allow a Class II Accessory Home Occupation at 4504 Hamline Avenue N. based on the following findings of fact: the Planning Commission should identify findings to deny should specifically reference the reasons for denial and why those reasons cannot be mitigated. 4. Table: Motion to table Planning Case 23-017 for a Conditional Use Permit to allow a Class II Accessory Home Occupation at 4504 Hamline Avenue N. for the following reasons: the Planning Commission should identify a specific reason and/or information request should be included with a motion to table. Notice and Public Comments Notice was published in the Pioneer Press on September 22, 2023. Notice was prepared by the City and mailed to property owners within 1000 feet of the subject property. As of September 27, 2023, staff has not received any public comments. Deadline for Agency Actions The City of Arden Hills received the completed application for this request on August 24, 2023. Pursuant to Minnesota State Statute, the City must act on this request by October 22, 2023 (60 days), unless the City provides the petitioner with written reasons for an additional 60-day review period. With consent of the Applicant, the City may extend the review period beyond the initial 120 days. The City provided the Applicant with written notification extending the review period to December 21, 2023 (120 days) based on the date of the submission for review by the Planning Commission and City Council during the October meeting cycle. Attachments A. Land Use Application B. Location Map C. Application Narrative and Floor Plans City of Arden Hills Planning Commission Meeting for October 4, 2023 P:\Planning\Planning Cases\2023\PC 23-017, 4504 Hamlin Avenue N. - CUP Page 6 of 6 Attachment Lim --A EN HILLS Planning Case No. 23- Submittal Date 1245 West Highway 96 Application Completed Date Arden Hills, Minnesota 55112 Accepted by j Telephone (651) 792-7800 Receipt Number Fax (651) 634-5137 Council Decision _ www.cityofardenhills.org I Council Decision Date 2023 LAND USE APPLICATION Applicant Information Applicant:BRIAN LYNN DENSMORE Address HAMLINE AVE N: Telephone No.: 651-303-4726 Fax No.: 651-644-8058 Email Address: bdensmom2004-�msn.com Property Information Property Owner:BRIAN AND CAROL DENSMORE Owner Address: Owner Telephone No. Address of Property Involved: Legal Description: KARTH LAKES ESTATES LOT 23BLK 1 Property ID No. Type of Use: 510 SINGLE FAMILY DWELLING, PLATTED Zone:2517 4504 HAMLINE AVE N 651-303-4726 4504 HAMLINE AVE N 223023120029 Type of Request ❑ Comprehensive Plan Amendment (Fee: $550 + Escrow: $2,500) Conditional Use or Interim Use Permit/CUP or IUP Amendment (Fee: $400 + Escrow: $1,500) ❑ Preliminary Plat (Fee: $500 + Escrow: $2,500) ❑ Final Plat (Fee: $450 + Escrow: $1,000) Other:- 651-647-6184 Other- 651-587-3107 Property Acreage: 3489 ❑ Concept Plan Review (Fee: $300 + Escrow: $750) ❑ Master Planned Unit Development or Master Special Development Plan (Fee: $600 + Escrow: $2,500) ❑ Final Planned Unit Development or Final Special Development Plan (Fee: $350 + Escrow: $2,000) ❑ Planned Unit Development Amendment or Special Development Plan Amendment (Fee: $400 + Escrow- $1,500) Pagel of 4 ❑ Site Plan Review (Fee: $450 + Escrow: $1,500) ❑ Rezoning or TCAAP Regulating Plan Amendment (Fee: $500 + Escrow: $1,500) ❑ Zoning Code or TCAAP Redevelopment Code Amendment (Fee: $400 + Escrow: $1,500) ❑ City Code Amendment (Fee: $350 + Escrow: $1,500) ❑ Variance or Permitted Adjustment (Fee: $350 + Escrow: $1,000) ❑ Vacation of Easement or Right -of -Way (Fee: $150 + Escrow: $1,000) ❑ Appeal of Administrative Decision (Fee: $150 + Escrow: $1,000) ❑ Land Use Requests — Not Already Specified (Fee: $150 + Escrow: $1,000 ❑ Lot Split/Minor Subdivision (R-1 and R-2 Districts Only) (Fee: $350 + Escrow: $1,500) Brief Description of Request (please also include a typed, detailed letter explaining the proiect); HOME TAX PREPERATION OFFICE WITH VISITING CLIENTS *IMPORTANT* • Certain applications are subject to review and approval by the Rice Creek Watershed District. Contact RCWD directly at 763-398-3070 for additional information. • The land use application fees do not cover building, sign, or other permit fees that may be required upon approval of a land use application. • All applications will be subject to additional fees for reimbursement of consultant costs associated with filing, reviewing, and processing of application in the form of an escrow to the City. Filing & Information Requirements The City requests that you make a pre -application meeting with the Community Development Director to discuss the application process, requirements, and deadlines. Unless waived by the Community Development Director or Planning Commission, a certified survey of the property is required for all applications. A checklist with additional application requirements can be found at www.cityofardenhills.org/landuseapplications. Complete/Incomplete Applications Under Minnesota Statute, Chapter 15.99, cities have 15 business days to review all plans and application materials to ensure they satisfy City requirements. During the 15 day review period, planning staff will provide written comments on the application and may request plan revisions. If the application is determined to be complete, Minnesota State Statute then requires the City to approve or deny the application within 60 days, up to 120 days. If not complete, the City may require plan revisions and/or additional information before the application is scheduled for Planning Commission review and/or City Council action. Project will not be scheduled for any meeting until the application submittal is found to be complete by the Community Development Director Payment of Fees and Escrows The undersigned acknowledges that she/he understands that before a land use application can be deemed complete, all required fees and escrows must be paid to the City. The applicant is responsible for all costs incurred by the City related to the processing of this application. Each separate land use request shall be charged a separate administrative fee and escrow even if submitted on the same application. Costs expended in reviewing and processing an application will be charged against the cash escrow and credited to the City. Charges to the escrow may include planning and engineering staff time, City Attorney and consulting fees, and Page 2 of 4 mailing costs. If, at any time, a required cash escrow is depleted to less than 20 percent of its original amount, the applicant shall deposit additional funds in the cash escrow account as determined by the City. The City may withhold final action on a land use application, withhold building permits, and/or rescind prior action until all fees have been paid. Unused portions of an escrow are returned to the applicant upon successful implementation of an approved plan. The escrow may be reduced or increased by the Community Development Director on a project by project basis. Notice of Meeting Attendance In order for the Planning Commission and the City Council to consider any application, the applicant or a designated representative must be present at the scheduled meeting. If not, the matter may be tabled until the next available agenda. Meetinq Schedule Planning Commission meetings are typically held on the first Wednesday after the first Monday of each month at 6.30 PM, though please contact City Hall to verify the meeting date and time. City Council meetings are held typically the last Monday of the same month at 7:00 PM. Meetings are held in the Council Chambers at the City of Arden Hills, 1245 West Highway 96, Arden Hills, Minnesota 55112, unless otherwise stated. The schedules below are for reference purposes only. Project will not be scheduled for any meeting until the application submittal is found to be complete by the Community Development Director. 2023 Planning Commission and City Council Schedule (*subject to change) TENTATIVE PLANNING COMMISSION MEETING DATE* (Generally held on the first Wednesday after the first Monday at 6:30 .m. TENTATIVE DEADLINE FOR CITY COUNCIL LAND USE MEETING APPLICATION DATE* SUBMISSION (Generally held on the (1" day of the fourth Monday at 7:00 p.m.) preceding month) January 4 January 23 December 1 2022 February 8 February 27 January 2 March 8 March 27 February 1 April 5 Aril 24 March 1 May 3 M2v 22 April 3 June 7 June 26 May 1 Jul 12** July 24 June 1 August 9 August 28 July 3 September 6 September 25 August 1 October 4 October 23 September 1 November 8 November 27 October 2 December 6 Janua 8 2024 November 1 u �� —v g date. Acknowledgement and Signature I hereby apply for the above consideration and declare that the information and materials submitted with this application are complete and accurate per city code and ordinance requirements. I fully understand that I am responsible for all costs incurred by the City related to the processing of this application. Owner Signature (Required) Applicant Signature (If different than the property owner) f z3 Date Date Page 3 of 4 9/14/2023, 2:54:40 PM 1:2,400 0 0.02 0.04 0.08 mi r••—ti Tax Parcels _Query result L . A Cities 0 0.03 0.07 0.13 km Personal Property K County Offices Tax Parcels Ramsey County Ramsey County MN Attachment C Brian Densmore 4504 Hamline ave n Arden hills, MN 55112 Use Explanation. Office use is for preparing Personal and small business Tax Returns. I've been in business for 32 years and have returning clients every year. The returns are being prepared for a face-to-face meeting for some Google meet, E-mails, mail ins and drop offs. There will be trips to the post office for outgoing mail. The measurements for the office total 341 square ft. BRIAN DENSMORE 4504 HAMLINE AVE. N. ARDEN HILLS, MN 55112 Ph.651-303-4726 PROPERTY ID NUMBER 223023120029 1. The primary business activity shall be conducted by an occupant of the Residence: The primary business activity is Preparing Individual tax returns. These Tax returns are prepared by Brian Densmore Tax Service Inc. Brian Densmore is the main tax preparer, along with one part-time Tax Preparer. All Tax returns being prepared are individual 1040 tax returns, along with state returns. 2, One person not residing in the residence may be employed to assist in the business activity: I'm currently in the process of training an individual to prepare taxes on a part- time basis. He does not reside at this address. 3. It does not occupy more than thirty-three (33) percent of the floor area of the Dwelling: Per property tax information from Ramsey County, there is 2148 sq ft finished. The measurements for the office are 409.3 sq ft. See the drawing attached. 4. It has a limited number of patrons visiting the premises: During the tax season (February 1 through April 15th, I schedule appointments Monday through Saturday, 9 am to 6 pm. This includes both face to face and google meet appointments. The remainder of the year I prepare extensions as needed. The majority of that work is done over the Phone. I have a regular client base and I'm not accepting new clients. 5. Off-street parking for no more than two (2) additional vehicles other than those required by the occupants shall be permitted, On -street parking shall not be used to satisfy required parking: I do not require on- street parking. There is only one car per appointment. 6. 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I MIA ' V� I, I W� It w n'�j '169., 3 5er _ _ {� t A44. 4- PC Agenda Item — 3B 'It ,fi` DEN HILLS MEMORANDUM DATE: October 4, 2023 TO: Planning Commission Chair and Commissioners FROM: Elena Fransen, Senior Planner SUBJECT: Planning Case # 23-018 — Public Hearing Required Applicant: Donald Wahlberg Request: Ground -Mounted Solar Energy Systems in R-1, R-2, and R-3 Residential Districts Zoning Code Amendment Requested Action Donald Wahlberg, "Applicant," is proposing an amendment to the language of Chapter 13 — Zoning Code of the Arden Hills City Code to allow for the accessory use of ground -mounted solar energy systems within the R-1, R-2, and R-3 residential districts in City Code Sections 1320.05 — Land Use Chart and 1325.02 — Accessory Uses. Solar Energy Systems Planning Case Background In February, Alatus LLC proposed an amendment to allow for the conditional use of solar energy systems within the Conservation District. Alatus's proposal established a definition for Solar Energy Systems and added Solar Energy Systems as a Land Use Category in the Land Use Chart for the Conservation District as well as outlined special provisions for Solar Energy Systems in the Conservation District. The request from Alatus was to establish a pathway for solar energy systems to be allowed as a principal use through the Conditional Use Permit Process. The Zoning Code Amendment was reviewed by the Planning Commission on March 8, 2023 and approved by the City Council on April 10, 2023. While the Solar Energy Systems definitions are applicable to the City as a whole, the special provisions and CUP process for Solar Energy Systems were specifically established for the Conservation District. Solar Energy Systems in Residential Districts In August, All Energy Solar contacted the City on behalf of the Applicant regarding provisions for ground -mounted solar energy systems in residential zoning districts. Staff conveyed that, at present, the City Code is absent of language permitting ground -mounted solar energy systems in City of Arden Hills Planning Commission Meeting for October 4, 2023 P:\Planning\Planning Cases\2023\PC 23-018, Wahlberg Solar Energy System — CA Page 1 of 5 residential zoning districts and that these systems are currently not permitted in the City outside of the Conservation District. Roof -mounted solar energy systems are permitted through the building and electrical permit application processes and administered according to the Minnesota Building Code. The Applicant submitted a land use application for a Zoning Code Amendment to add language to the Zoning Code for residential zoning districts that states "Ground mounted solar panels are not allowed unless their view is blocked to all parties concerned." For research, staff conducted a survey of solar energy system ordinances in local communities to gain insight into how other cities are regulating ground -mounted solar energy systems. A majority of the 17 communities surveyed allow for ground -mounted solar energy systems as an accessory use in single family residential zoning districts with a majority of these communities permitting proposed systems administratively. Staff also referenced the Minnesota Solar Model Ordinance (Attachment C), which provides recommendations for local solar energy standards to create an as - of -right solar installation path for property -owners and to limit regulatory barriers to developing solar resources. The ordinance examples of other cities and the model ordinance contributed to the draft ordinance language prepared by Staff which would establish ground -mounted solar energy systems as an accessory use in the R-1, R-2, and R-3 residential zoning districts that can be approved administratively. The Applicant's proposed text amendments reference the screening of ground -mounted solar panels as a provision of approval. In considering provisions for solar energy systems, Staff referred to the ordinances of local communities and the Minnesota Solar Model Ordinance. Staff determined that the existing regulation standards for the R-1, R-2, and R-3 residential districts and accessory structures could be applied to ground -mounted solar energy systems as well as roof - mounted solar energy systems, for which the Zoning Code is absent of regulations and standards. The proposed text amendments include regulations such as impervious surface and structure coverage, heights, and setbacks to balance solar energy development and community character. Many of these refer to the underlying zoning district requirements so that there is no conflicting language between accessory uses (i.e. sheds, detached garages, swimming pools). Like other accessory uses, ground -mounted solar energy systems in the R-1, R-2, and R-3 residential zoning districts will be subject to location and size requirements. Ground -mounted solar energy systems shall not be located nearer the front lot line than the front yard setback line for the principal structure to which it is accessory. Additionally, systems will count as one of a residential property's two permitted accessory structures primarily used for residential uses and contribute to the total lot coverage by structure. The proposed text amendments also mirror the length of ordinances in some other communities while addressing specific city standards and establishing standards for roof- and ground -mounted solar energy systems. The Applicant's residential property is located in the R-1 Single Family Residential Zoning District. The proposed text amendments would include the R-2 Single Family and Two Family Residential District and the R-3 Townhouse and Low Density Multiple Dwelling District as staff identified that residential properties in these districts could also be suitable for ground -mounted solar energy systems. Staff drafted the proposed ordinance language to include R-1, R-2, and R-3 residential zoning districts consistent with the implementation strategies of the City's 2040 City of Arden Hills Planning Commission Meeting for October 4, 2023 P:\Planning\Planning Cases\2023\PC 23-018, Wahlberg Solar Energy System — CA Page 2 of 5 Comprehensive Plan. Solar energy systems are referenced in Chapter 10 Protected Resources and Chapter 12 Resilience and Sustainability as a use to be encouraged if it is in keeping with the community's character. Staff invites the Planning Commission to discuss and comment on the broadened scope of the proposed text amendments. Zoning Code Text Amendments To allow ground -mounted solar energy systems as a land use in the R-1, R-2, and R-3 residential zoning districts, the City's Zoning Code would need to be amended to designate Solar Energy System as an Accessory Use. If approved, an Applicant of any future proposed solar energy system within the R-1, R-2, and R-3 zoning districts would apply for administrative review and approval through the building permit process as drafted in the proposed ordinance amendments. Staff has prepared text amendments based on the Applicant's narrative as well as a few other text amendment considerations based on the Minnesota Solar Model Ordinance for "Solar Energy System" language within Sections 1320.05 Land Use Chart and 1325.02 Accessory Uses. The entire redlined versions of the proposed text amendments for Planning Commission consideration are included as Attachment D and E. Below is a summary of the proposed ordinance amendments: Proposed Code Amendments to Consider: 1) The Land Use Chart within Section 1320.05 would be amended to include solar energy system as an accessory use for residential districts: a. Add Solar Energy System as an Accessory Use under the R-1, R-2, and R-3 Districts. 2) Amend Section 1325.02 Accessory Uses a. Create a new Subdivision 7 that outlines special provisions for Solar Energy Systems as an accessory use in the R-1, R-2, and R-3 Residential Zoning Districts. i. Establish height, setback, visibility, and coverage requirements for solar energy systems based on existing regulations for the R-1, R-2, and R-3 residential districts and accessory structures. ii. Differentiate between regulations for roof -mounted and ground- or pole - mounted solar energy systems. iii. Explain the administrative approval process and required submission materials for solar energy systems. iv. Highlight that all solar energy systems require a building permit application and approval that is distinct from administrative approval. Additional Review Building Official The Building Official has reviewed the special provisions for solar energy systems and has no additional comments at this time. City of Arden Hills Planning Commission Meeting for October 4, 2023 P:\Planning\Planning Cases\2023\PC 23-018, Wahlberg Solar Energy System — CA Page 3 of 5 Findings of Fact The Planning Commission must make a finding as to whether or not the proposed application would adversely affect the surrounding neighborhood or the community as a whole based on the aforementioned factors. Staff offers the following findings for consideration: General Findings: 1. Donald Wahlberg, The Applicant, is proposing amendments to the language of Chapter 13 — Zoning Code of the City Code. 2. Under the City's Zoning Code Section 1320.05, a Solar Energy System is considered a prohibited land use in the Residential Districts. 3. The Applicant is proposing an amendment to alter the Land Use Chart in Sections 1320.05 and 1325.02 of the Zoning Code to allow a Solar Energy System as an Accessory Use in the R-1, R-2, and R-3 Residential Districts. 4. The City is proposing to add special provisions for Solar Energy Systems to Section 1325.02 — Accessory Uses. 5. Of 17 local communities surveyed, a majority allow for ground -mounted solar energy systems as a use in residential districts which can be approved administratively. 6. In Chapter 10 of the 2040 Comprehensive Plan — Protected Resources, "City encourages development of distributed solar energy systems that are in keeping with the community's character and use community solar resources" is listed as an implementation strategy. 7. In Chapter 12 of the 2040 Comprehensive Plan — Resilience and Sustainability, "Encourage the use of renewable energy and work to protect access to direct sunlight for solar energy systems" is listed as an implementation strategy. 8. Amendments to the Zoning Code regulations require a public hearing prior to action by the City Council. 9. If the zoning amendments were approved, an Applicant would be required to apply for administrative review and approval for a Solar Energy System within the R-1, R-2, and R-3 Residential Districts. Options and Motion Language Staff has provided the following options and motion language for this case. The Planning Commission should consider providing additional findings of fact as part of the motion to support their recommendation for approval or denial. • Recommend Approval: Motion to recommend approval of Planning Case 23-018 for a Zoning Code Amendment to Chapter 13 of the Arden Hills City Code to allow Solar Energy System as an Accessory Use in the R-1, R-2, and R-3 Residential Districts, based on the findings of fact and the submitted materials. City of Arden Hills Planning Commission Meeting for October 4, 2023 P:\Planning\Planning Cases\2023\PC 23-018, Wahlberg Solar Energy System — CA Page 4 of 5 • Recommend Approval with Amendments: Motion to recommend approval of Planning Case 23-018 for a Zoning Code Amendment to Chapter 13 of the Arden Hills City Code to allow Solar Energy System as an Accessory Use in the R-1, R-2, and R-3 Residential Districts with amendments: a specific reason should be included with all amendments. Recommend Denial: Motion to recommend denial Planning Case 23-018 for a Zoning Code Amendment to Chapter 13 of the Arden Hills City Code to allow Solar Energy System as an Accessory Use in the R-1, R-2, and R-3 Residential Districts, based on the following findings: findings to deny should specifically reference the reasons for denial and why those reasons cannot be mitigated. • Table: Motion to table Planning Case 23-018 for a Zoning Code Amendment to Chapter 13 of the Arden Hills City Code to allow Solar Energy System as an Accessory Use in the R-1, R-2, and R-3 Residential Districts: a specific reason and information request should be included with a motion to table. Notice A Zoning Code Amendment requires a public hearing. Notice was published in the Pioneer Press on September 21, 2023. As of September 27, the City has not received any public comments regarding this case. Deadline for Ai!ency Actions The City of Arden Hills received the completed application for this request on September 13, 2023. Pursuant to Minnesota State Statute, the City must act on this request by November 11, 2023 (60 days). Attachments A) Land Use Application B) Written Narrative C) MN Solar Model Ordinance D) Draft Amendment Accessory Uses E) Draft Amendment Land Use Chart City of Arden Hills Planning Commission Meeting for October 4, 2023 P:\Planning\Planning Cases\2023\PC 23-018, Wahlberg Solar Energy System — CA Page 5 of 5 I't ,i` IkEN HILLS 1245 West Highway 96 Arden Hills, Minnesota 55112 Telephone (651) 792-7800 Fax (651) 634-5137 www.cityofardenhills.org Attachment A For UTTIce use Only Planning Case No. 23- Submittal Date Application Completed Date Accepted by Receipt Number Council Decision Council Decision Date 2023 LAND USE APPLICATION Applicant Information Applicant: i2Z2_,f/ ,q L. L Address: _LL1- / A.R �6�/� � - /J 4,,� !a, %kz-,$ Telephone No.: r, ( r� c,� Other: Fax No.: Email Address. /I C-'1I? I�,� � � � y �f /��py [' v f►� Property Information _Property Owner: j, A e —( Owner Address: /45 /�2f� £ ae- CC-- 11,GCS A� �`-r/2 Owner Telephone No. G S_ / 4S6 Other: Address of Property Involved: / 4<s / 4 R O SIV c ,�/Ii�FN lil LLSf M 1Z 65 //Z, Legal Description: PIN/PropertyAddress/Abbreviated Tax Description 343023210015 2517 — ID No.: u6i AADEN p.0 _�- - -- _Property�.. , � ARbr:N MILLS NO.2 SLY 112 OF LOT Type of Use: °? L S 1 18 AND ALL OF LOT 19 BLK 1 Zone: Type of Request ❑ Comprehensive Plan Amendment (Fee: $550 + Escrow: $2,500) ❑ Conditional Use or Interim Use Permit/CUP or IUP Amendment (Fee: $400 + Escrow: $1,500) ❑ Preliminary Plat (Fee: $500 + Escrow: $2,500) ❑ Final Plat (Fee: $450 + Escrow: $1,000) -❑ Concept Plan Review (Fee: $300 + Escrow: $750) ❑ Master Planned Unit Development or Master Special Development Plan (Fee: $600 + Escrow: $2,500) ❑ Final Planned Unit Development or Final Special Development Plan (Fee: $350 + Escrow: $2,000) ❑ Planned Unit Development Amendment or Special Develo ment Plan Amendment (Fee: $400 + Escrow $1,500� ❑ Site Plan Review (Fee: $450 + Escrow: $1,500) PropertyAcreag� /t CEO -- ❑ Rezoning or TCAAP Regulating Plan Amendment (Fee: $500 + Escrow: $1,500) Zoning Code or TCAAP Redevelopment Code Amendment (Fee: $400 + Escrow: $1,500) ❑ City Code Amendment (Fee: $350 + Escrow: $1,500) ❑ Lot Split/Minor Subdivision (R-1 and R-2 Districts Only) (Fee: $350 + Escrow: $1,500) ❑ Variance or Permitted Adjustment (Fee: $350 + Escrow: $1,000) ❑ Vacation of Easement or Right -of -Way (Fee: $150 + Escrow: $1,000) ❑ Appeal of Administrative Decision (Fee: $150 + Escrow: $1,000) ❑ Land Use Requests - Not Already Specified (Fee: $150 + Escrow: $1,000 Pagel of 3 Brief Description of Request Lplease also include a typed. detailed letter explaining the proiect): G 0(A A/ d A4 O L4 Al T ED J a PAYESL S'—t1&6vo T i A1_6a EL_-, 0-4/LLSS THt-I2 VIEW /S !fit-0c kLD TO -� 1A1ZTlE5' COAICERA/G17 *IMPORTANT* • Certain applications are subject to review and approval by the Rice Creek Watershed District. Contact RCWD directly at 763-398-3070 for additional information. • The land use application fees do not cover building, sign, or other permit fees that may be required upon approval of a land use application. • All applications will be subject to additional fees for reimbursement of consultant costs associated with filing, reviewing, and processing of application in the form of an escrow to the City. Filing & Information Requirements The City requests that you make a pre -application meeting with the Community Development Director to discuss the application process, requirements, and deadlines. Unless waived by the Community Development Director or Planning Commission, a certified survey of the property is required for all applications. A checklist with additional application requirements can be found at www.cityofardenhills.org/landuseapplications. Complete/incomplete Applications Under Minnesota Statute, Chapter 15.99, cities have 15 business days to review all plans and application materials to ensure they satisfy City requirements. During the 15 day review period, planning staff will provide written comments on the application and may request plan revisions. If the application is determined to be complete, Minnesota State Statute then requires the City to approve or deny the application within 60 days, up to 120 days. If not complete, the City may require plan revisions and/or additional information before the application is scheduled for Planning Commission review and/or City Council action. Project will not be scheduled for any meeting until the application submittal is found to be complete by the Community Development Director. Payment of Fees and Escrows The undersigned acknowledges that she/he understands that before a land use application can be deemed complete, all required fees and escrows must be paid to the City. The applicant is responsible for all costs incurred by the City related to the processing of this application. Each separate land use request shall be charged a separate administrative fee and escrow even if submitted on the same application. Costs expended in reviewing and processing an application will be charged against the cash escrow and credited to the City. Charges to the escrow may include planning and engineering staff time, City Attorney and consulting fees, and mailing costs. If, at any time, a required cash escrow is depleted to less than 20 percent of its original amount, the applicant shall deposit additional funds in the cash escrow account as determined by the City. The City may withhold final action on a land use application, withhold building permits, and/or rescind prior action until all fees have been paid. Unused portions of an escrow are returned to the applicant upon successful implementation of an approved plan. The escrow may be reduced or increased by the Community Development Director on a project by project basis. Notice of Meeting Attendance In order for the Planning Commission and the City Council to consider any application, the applicant or a designated representative must be present at the scheduled meeting. If not, the matter may be tabled until the next available agenda. Page 2 of 3 Meeting Schedule Planning Commission meetings are typically held on the first Wednesday after the first Monday of each month at 6:30 PM, though please contact City Hall to verify the meeting date and time. City Council meetings are held typically the last Monday of the same month at 7:00 PM. Meetings are held in the Council Chambers at the City of Arden Hills, 1245 West Highway 96, Arden Hills, Minnesota 55112, unless otherwise stated. The schedules below are for reference purposes only. Project will not be scheduled for any meeting until the application submittal is found to be complete by the Community Development Director. 2023 Planning Commission and City Council Schedule (*subject to change) TENTATIVE PLANNING COMMISSION MEETING DATE* (Generally held on the first Wednesday after the first Monday at 6:30 .m. TENTATIVE CITY COUNCIL MEETING DATE* (Generally held on the fourth Monday at 7:00 p.m.) DEADLINE FOR LAND USE APPLICATION SUBMISSION (I" day of the preceding month) January 4 Januar 23 December 1 2022) February 8 February 27 January 2 March 8 March 27 j February 1 April 5 Aril 24 March 1 Ma 3 May 22 April 3 June 7 June 26 Ma 1 July 5 July 24 June 1 August 9 _...... August 28 Jul 3 'Se tember `�__Se tember 25 August 1 Octbber"4 OctoberI� September 1 November 8 November 27 October 2 December 6 January 8 (2024) November-1 Acknowledgement and Signature hereby apply for the above consideration and declare that the information and materials submitted with this application are complete and accurate per city code and ordinance requirements. I fully understand that I am responsible for all costs incurred by the City related to the processing of this application. Property Owner Signature (Required) Applicant Signature (If different than the property owner) i Date Date Please contact the Community Development Director at 651-792-7800 if you have any questions regarding this application. Additional copies of this application form are available on the City's website: www.cityofardenhills.orgflanduseapplications Page 3 of 3 Arden Hills City Council and Planning Commission Attachment B I recently signed a contract with "All Energy Solar" for eight ground mounted solar panels (420 watts each), to be connected to the power grid. A few days later "All Energy Solar" called And said that Arden Hills is one of the few communities that doesn't allow ground mounted solar panels because of appearance. My situation is very unique! The panels would not be visible (or barely visible) to neighbors or passers-by on Arden place or North Snelling. I would like the current Zoning Code changed to:" Ground mounted solar panels are not allowed Unless their view is blocked to all parties concerned". I have discussed my solar project with all of my surrounding neighbors and they are all supportive. With Global Warming becoming a growing concern (especially with the younger generation) Solar panels privately owned are increasingly view positively as helping society switch to clean energy. Yours truly, Donald Wahlberg Attachment C Minnesota Solar Model Ordinance Photo by Katharine Chute Prepared by Great Plains Institute with support from Sunshot and the Energy Foundation GREAT PLAINS Better Energy. INSTITUTE Better world. Model Solar Ordinance — Introduction Minnesota Minnesota's solar energy resources are high quality and cost effective —as good as many states to our south OH consistently available across the entire state. As solar energy system components have become more efficient and less costly, an increasing number of solar energy systems have been installed in Minnesota. Market opportunities for solar development have dramatically increased in Minnesota over the last five years, such that communities must now address solar installations as land use and development issues. Solar energy components continue to improve in efficiency and decline in price; large-scale solar energy is expected to become the least expensive form of electric energy generation within a few years, surpassing wind energy and natural gas in levelized cost of energy. But solar energy is much more than just low-cost energy generation. Households and businesses seeking to reduce their carbon footprint see solar energy as a strong complement to energy efficiency. Agricultural producers see their solar energy as an economic hedge against price volatility in commodity crops. Utilities see solar's declining cost, high reliability, and free fuel as a means to put downward pressure on electric rates. Corporate, institutional, and municipal buyers are actively acquiring carbon -free solar generation to meet climate and clean energy goals. And innovative solar site designs are capturing habitat and water quality co -benefits by using solar with habitat -friendly ground cover to restore eco-system functions. Solar Energy Issues Local governments in Minnesota are seeing increasing interest by property owners in solar energy installations and are having to address a variety of solar land uses in their development regulation. Given the continuing cost reductions and growing value of clean energy, solar development will increasingly be a local development opportunity, from the rooftop to the large-scale solar farm. Three primary issues tie solar energy to development regulations: L. Land use conflicts and synergies. Solar energy systems have few nuisances. But solar development can compete for land with other development options, and visual impacts and perceived safety concerns sometimes create opposition to solar installations. Good design and attention to aesthetics can address most concerns for rooftop or accessory use systems. Good siting and site design standards for large- and community -scale solar can similarly resolve conflicts and create co -benefits from solar development, such as restoring habitat, diversifying agricultural businesses, and improving surface and ground waters. 2. Protecting access to solar resources. Solar resources are a valuable component of property ownership. Development regulations can inadvertently limit a property owner's ability to access their solar resource. Communities should consider how to protect and develop solar resources in zoning, subdivision, and other development regulations or standards. 3. Encouraging appropriate solar development. Local government can go beyond simply removing regulatory barriers and encourage solar development that provides economic development, climate protection, and natural resources co -benefits. Local governments have a variety of tools to encourage appropriately sited and designed solar development to meet local goals. Minnesota Model Solar Ordinance 2 Components of a Solar Standards Ordinance Solar energy standards should: 1. Create an as -of -right solar installation path for property -owners. Create a clear regulatory path (an as -of - right installation) to solar development for accessory uses and - if appropriate - for principal uses such as large-scale solar and ground -mount community shared solar installations. 2. Enable principal solar uses. Define where community- and large -solar energy land uses are appropriate as a principal or primary use, set development standards and procedures to guide development, and capture co -benefit opportunities for water quality, habitat, agriculture. 3. Limit regulatory barriers to developing solar resources. Ensure that access to solar resources is not unduly limited by height, setback, or coverage standards, recognizing the distinct design and function of solar technologies and land uses for both accessory and principal uses. 4. Define appropriate aesthetic standards. Retain an as -of -right installation pathway for accessory uses while balancing design concerns in urban neighborhoods and historic districts. Set reasonable aesthetic standards for solar principal uses that are consistent with other principal uses that have visual impacts. 5. Address cross -property solar access issues. Consider options for protecting access across property lines in the subdivision process and in zoning districts that allow taller buildings on smaller (urban density) lots. 6. Promote "solar -ready" design. Every building that has a solar resource should be built to seamlessly use it. Encourage builders to use solar -ready subdivision and building design. 7. Include solar in regulatory incentives. Encourage desired solar development by including it in regulatory incentives: density bonuses, parking standards, flexible zoning standards, financing/grant programs, promotional efforts. Different Community Types and Settings The model ordinance language addresses land use concerns for both urban and rural areas, and thus not all the provisions may be appropriate for every community. Issues of solar access and nuisances associated with small or accessory use solar energy systems are of less consequence in rural areas, where lot sizes are almost always greater than one acre. Large-scale and community- scale solar (principal solar land uses) are much more likely to be proposed in rural areas rather than developed cities. However, urban areas should consider where community- or large-scale solar can add value to the community and enable economic development of a valuable local resource. Rural communities should address rooftop and accessory ground -mount development, although the standards used in this model are designed more for the urban circumstances. This ordinance includes language addressing solar energy as an accessory use to the primary residential or commercial use in an urban area and language for principal solar uses more typically seen in rural communities. Communities should address both types of solar development. Minnesota Model Solar Ordinance Model Ordinance Scope - This article applies to all solar energy installations in Model Community. II. Purpose -Model Community has adopted this regulation for the following purposes: A. Comprehensive Plan Goals - To meet the goals of the Comprehensive Plan and preserve the health, safety and welfare of the community by promoting the safe, effective and efficient use of solar energy systems. The solar energy standards specifically implement the following goals from the Comprehensive Plan: 1. Goal — Encourage the use of local renewable energy resources, including appropriate applications for wind, solar, and biomass energy. Goal — Promote sustainable building design and management practices to serve current and future generations. 3. Goal — Assist local businesses to lower financial and regulatory risks and improve their economic, community, and environmental sustainability. 4. Goal — Implement the solar resource protection element required under the Metropolitan Land Planning Act. B. Climate Change Goals - Model Community has committed to reducing carbon and other greenhouse gas emissions. Solar energy is an abundant, renewable, and nonpolluting energy resource and its conversion to electricity or heat reduces dependence on nonrenewable energy resources and decreases the air and water pollution that results from the use of conventional energy sources. C. Infrastructure - Distributed solar photovoltaic systems will enhance the reliability and power quality of the power grid and make more efficient use of Model Community's electric distribution infrastructure. D. Local Resource - Solar energy is an underused local energy resource and encouraging the use of solar energy will diversify the community's energy supply portfolio and reduce exposure to fiscal risks associated with fossil fuels. Improve Competitive Markets - Solar energy systems offer additional energy choice to consumers and will improve competition in the electricity and natural gas supply market. Minnesota Model Solar Ordinance 4 III. Definitions Agrivoltaics — A solar energy system co -located on the same parcel of land as agricultural production, including crop production, grazing, apiaries, or other agricultural products or services. Building -integrated Solar Energy Systems — 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. Building -integrated systems include, but are not limited to, photovoltaic or hot water solar energy systems that are contained within roofing materials, windows, skylights, and awnings. Community -Scale Solar Energy System — A commercial solar energy system that converts sunlight into electricity for the primary purpose of serving electric demands off -site from the facility, either retail or wholesale. Community -scale systems are principal uses and projects typically cover less than 20 acres. Community Solar Garden — A solar energy system that provides retail electric power (or a financial proxy for retail power) to multiple community members or businesses residing or located off -site from the location of the solar energy system, consistent with Minn. Statutes 216B.1641 or successor statute. A community solar garden may be either an accessory or a principal use. Grid-intertie Solar Energy System — A photovoltaic solar energy system that is connected to an electric circuit served by an electric utility company. Ground -mount — A solar energy system mounted on a rack or pole that rests or is attached to the ground. Ground -mount systems can be either accessory or principal uses. Large -Scale Solar Energy System — A commercial solar energy system that converts sunlight into electricity for the primary purpose of wholesale sales of generated electricity. A large-scale solar energy system will have a project size greater than 20 acres and is the principal land use for the parcel(s) on which it is located. Off -grid Solar Energy System — A photovoltaic solar energy system in which the circuits energized by the solar energy system are not electrically connected in any way to electric circuits that are served by an electric utility company. Passive Solar Energy System — A solar energy 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. Renewable Energy Easement, Solar Energy Easement — An easement that limits the height or location, or both, of permissible development on the burdened land in terms of a structure or vegetation, or both, for the purpose of providing access for the benefited land to wind or sunlight passing over the burdened land, as defined in Minn. Stat. 500.30 Subd. 3 or successor statute. Minnesota Model Solar Ordinance Roof -mount — A solar energy system mounted on a rack that is fastened to or ballasted on a structure roof. Roof -mount systems are accessory to the principal use. Roof Pitch —The final exterior slope of a roof calculated by the rise over the run, typically but not exclusively expressed in twelfths such as 3/12, 9/12, 12/12. Solar Access — Unobstructed access to direct sunlight on a lot or building through the entire year, including access across adjacent parcel air rights, for the purpose of capturing direct sunlight to operate a solar energy system. Solar Carport — A solar energy system of any size that is installed on a carport structure that is accessory to a parking area, and which may include electric vehicle supply equipment or energy storage facilities. Solar Collector —The panel or device in a solar energy system that collects solar radiant energy and transforms it into thermal, mechanical, chemical, or electrical energy. The collector does not include frames, supports, or mounting hardware. Solar Daylighting — Capturing and directing the visible light spectrum for use in illuminating interior building spaces in lieu of artificial lighting, usually by adding a device or design element to the building envelope. Solar Energy — Radiant energy received from the sun that can be collected in the form of heat or light by a solar collector. Solar Energy System — A device, array of devices, or structural design feature, the purpose of which is to provide for generation or storage of electricity from sunlight, or the collection, storage and distribution of solar energy for space heating or cooling, daylight for interior lighting, or water heating. Solar Hot Air System (also referred to as Solar Air Heat or Solar Furnace) — A solar energy system that includes a solar collector to provide direct supplemental space heating by heating and re -circulating conditioned building air. The most efficient performance includes a solar collector to preheat air or supplement building space heating, typically using a vertically -mounted collector on a south -facing wall. Solar Hot Water System — A system that includes a solar collector and a heat exchanger that heats or preheats water for building heating systems or other hot water needs, including residential domestic hot water and hot water for commercial processes. Solar Mounting Devices — Racking, frames, or other devices that allow the mounting of a solar collector onto a roof surface or the ground. Solar Resource — A view of the sun from a specific point on a lot or building that is not obscured by any vegetation, building, or object for a minimum of four hours between the hours of 9:00 AM and 3:00 PM Standard time on all days of the year, and can be measured in annual watts per square meter. Minnesota Model Solar Ordinance 6 IV. Permitted Accessory Use - Solar energy systems are a permitted accessory use in all zoning districts where structures of any sort are allowed, subject to certain requirements as set forth below. Solar carports and associated electric vehicle charging equipment are a permitted accessory use on surface parking lots in all districts regardless of the existence of another building. Solar energy systems that do not meet the following design standards will require a conditional use permit. A. Height - Solar energy systems must meet the following height requirements: 1. Building- or roof- mounted solar energy systems shall not exceed the maximum allowed height in any zoning district. For purposes for height measurement, solar energy systems other than building -integrated systems shall be given an equivalent exception to height standards as building -mounted mechanical devices or equipment. 2. Ground- or pole -mounted solar energy systems shall not exceed 15 feet in height when oriented at maximum tilt. 3. Solar carports in non-residential districts shall not exceed 20 feet in height. B. Set -back - Solar energy systems must meet the accessory structure setback for the zoning district and primary land use associated with the lot on which the system is located, except as allowed below. 1. Roof- or Building -mounted Solar Energy Systems —The collector surface and mounting devices for roof -mounted solar energy systems shall not extend beyond the exterior perimeter of the building on which the system is mounted or built, unless the collector and mounting system has been explicitly engineered to safely extend beyond the edge, and setback standards are not violated. Exterior piping for solar hot water systems shall be allowed to extend beyond the perimeter of the building on a side -yard exposure. Solar collectors mounted on the sides of buildings and serving as awnings are considered to be building -integrated systems and are regulated as awnings. Ground -mounted Solar Energy Systems - Ground -mounted solar energy systems may not extend into the side -yard or rear setback when oriented at minimum design tilt, except as otherwise allowed for building mechanical systems. C. Visibility - Solar energy systems in residential districts shall be designed to minimize visual impacts from the public right-of- way, as described in C.1-3, to the extent that doing so does not affect the cost or efficacy of the system. Visibility standards do not apply to systems in non-residential districts, except for historic building or district review as described in E. below. Minnesota Model Solar Ordinance 1. Building Integrated Photovoltaic Systems - Building integrated photovoltaic solar energy systems shall be allowed regardless of whether the system is visible from the public right-of-way, provided the building component in which the system is integrated meets all required setback, land use, or performance standards for the district in which the building is located. Aesthetic restrictions — Roof -mount or ground -mount solar energy systems shall not be restricted for aesthetic reasons if the system is not visible from the closest edge of any public right-of-way other than an alley, or if the system meets the following standards. a. Roof -mounted systems on pitched roofs that are visible from the nearest edge of the front right-of-way shall have the same finished pitch as the roof and be no more than ten inches above the roof. b. Roof -mount systems on flat roofs that are visible from the nearest edge of the front right-of-way shall not be more than five feet above the finished roof and are exempt from any rooftop equipment or mechanical system screening. Reflectors - All solar energy systems using a reflector to enhance solar production shall minimize glare from the reflector affecting adjacent or nearby properties. D. Lot Coverage - Ground -mount systems total collector area shall not exceed half the building footprint of the principal structure. Ground -mount systems shall be exempt from lot coverage or impervious surface standards if the soil under the collector is maintained in vegetation and not compacted. Ground -mounted systems shall not count toward accessory structure limitations. Solar carports in non-residential districts ar exempt from lot coverage limitations. Historic Buildings - Solar energy systems on buildings within designated historic districts or on locally designated historic buildings (exclusive of State or Federal historic designation) must receive approval of the community Heritage Preservation Commission, consistent with the standards for solar energy systems on historically designated buildings published by the U.S. Department of Interior. F. Plan Approval Required - All solar energy systems requiring a building permit or other permit from Model Community shall provide a site plan for review. Minnesota Model Solar Ordinance 8 Plan Applications - Plan applications for solar energy systems shall be accompanied by to -scale horizontal and vertical (elevation) drawings. The drawings must show the location of the system on the building or on the property for a ground -mount system, including the property lines. Plan Approvals - Applications that meet the design requirements of this ordinance shall be granted administrative approval by the zoning official and shall not require Planning Commission review. Plan approval does not indicate compliance with Building Code or Electric Code. G. Approved Solar Components - Electric solar energy system components must have a UL or equivalent listing and solar hot water systems must have an SRCC rating. H. Compliance with Building Code - All solar energy systems shall meet approval of local building code officials, consistent with the State of Minnesota Building Code, and solar thermal systems shall comply with HVAC-related requirements of the Energy Code. I. Compliance with State Electric Code - All photovoltaic systems shall comply with the Minnesota State Electric Code. J. Compliance with State Plumbing Code - Solar thermal systems shall comply with applicable Minnesota State Plumbing Code requirements. K. Utility Notification - All grid-intertie solar energy systems shall comply with the interconnection requirements of the electric utility. Off -grid systems are exempt from this requirement. Minnesota Model Solar Ordinance V. Principal Uses— Model Community encourages the development of commercial or utility scale solar energy systems where such systems present few land use conflicts with current and future development patterns. Ground -mounted solar energy systems that are the principal use on the development lot or lots are conditional uses in selected districts. A. Principal Use General Standards 1. Site Design a. Set -backs — Community- and large-scale solar arrays must meet the following setbacks: 1. Property line setback for buildings or structures in the district in which the system is located, except as other determined in 1.a.5 below. 2. Roadway setback of 150 feet from the ROW centerline of State highways and CSAHs, 100 feet for other roads, except as other determined in 1.a.5 below. 3. Housing unit setback of 150 feet from any existing dwelling unit, except as other determined in 1.a.5 below. 4. Setback distance should be measured from the edge of the solar energy system array, excluding security fencing, screening, or berm. S. All setbacks can be reduced by 50% if the array is fully screened from the setback point of measurement. b. Screening — Community- and large-scale solar shall be screened from existing residential dwellings. 1. A screening plan shall be submitted that identifies the type and extent of screening. 2. Screening shall be consistent with Model Community's screening ordinance or standards typically applied for other land uses requiring screening. 3. Screening shall not be required along property lines within the same zoning district, except where the adjoining lot has an existing residential use. 4. Model Community may require screening where it determines there is a clear community interest in maintaining a viewshed. Minnesota Model Solar Ordinance 10 c. Ground cover and buffer areas - 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 Model Community. 1. Large-scale removal of mature trees on the site is discouraged. Model Community may set additional restrictions on tree clearing or require mitigation for cleared trees. 2. The project site design shall include the installation and establishment of ground cover meeting the beneficial habitat standard consistent with Minnesota Statutes, section 216B.1642, or successor statutes and guidance as set by the Minnesota Board of Water and Soil Resources (BWSR). 3. The applicant shall submit a planting plan accompanied by a completed "Project Planning Assessment Form" provided by BWSR for review by BWSR or the County SWCD. 4. Beneficial habitat standards shall be maintained on the site for the duration of operation, until the site is decommissioned. The owner of the solar array shall complete BWSR's "Established Project Assessment Form" at year 4 and every 3 years after that, and allow the County SWCD to conduct a site visit to verify compliance. 5. Model Community may require submittal of inspection fee at the time of the initial permit application to support ongoing inspection of the beneficial habitat ground cover. 6. The applicant shall submit a financial guarantee in the form of a letter of credit, cash deposit or bond in favor of the Community 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. d. Foundations - A qualified engineer shall certify that the foundation and design of the solar panel racking and support is within accepted professional standards, given local soil and climate conditions. e. Power and communication lines - Power and communication lines running between banks of solar panels and to nearby electric substations or interconnections with buildings shall be buried underground. Exemptions may be granted by Model Community in instances where shallow bedrock, water courses, or other elements of the natural landscape interfere with the ability to bury lines, or distance makes undergrounding infeasible, at the discretion of the zoning administrator. Minnesota Model Solar Ordinance Stormwater and NPDES - Solar farms are subject to Model Community's stormwater management and erosion and sediment control provisions and NPDES permit requirements. Solar collectors shall not be considered impervious surfaces if the project is certified as beneficial habitat solar, as described in A.1.c.2. of this ordinance. 3. Other standards and codes - All solar farms shall be in compliance with all applicable local, state and federal regulatory codes, including the State of Minnesota Uniform Building Code, as amended; and the National Electric Code, as amended. 4. Site Plan Required - A detailed site plan for both existing and proposed conditions must be submitted, showing location of all solar arrays, other structures, property lines, rights -of -way, service roads, floodplains, wetlands and other protected natural resources, topography, electric equipment, and all other characteristics requested by Model Community. The site plan should show all zoning districts and overlay districts. 5. Aviation Protection - For solar farms located within 500 feet of an airport or within approach zones 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 most recent version adopted by the FAA. 6. Agricultural Protection - Solar farms must comply with site assessment or soil identification standards that are intended to identify agricultural soils. Model Community may require mitigation for use of prime soils for solar array placement, including the following: a. Demonstrating co -location of agricultural uses (agrivoltaics) on the project site. b. Using an interim use or time -limited CUP that allows the site to be returned to agriculture at the end of life of the solar installation. c. Placing agricultural conservation easements on an equivalent number of prime soil acres adjacent to or surrounding the project site. d. Locating the project in a Drinking Water Supply Management Area or wellhead protection area. Minnesota Model Solar Ordinance 12 7. Decommissioning - A decommissioning plan shall be required to ensure that facilities are properly removed after their useful life. a. Decommissioning of the system must occur in the event the project is not in use for 12 consecutive months. b. The plan shall include provisions for removal of all structures and foundations, restoration of soil and vegetation and assurances that financial resources will be available to fully decommission the site. c. Disposal of structures and/or foundations shall meet the provisions of the Model Community Solid Waste Ordinance. d. Model Community may require the posting of a bond, letter of credit or the establishment of an escrow account to ensure proper decommissioning. B. Community -Scale Solar — Model Community permits the development of community -scale solar, subject to the following standards and requirements: 1. Rooftop gardens permitted - Rooftop community systems are permitted in all districts where buildings are permitted. 2. Community -scale uses - Ground -mount community solar energy systems must cover no more than ten acres (project boundaries), and are a permitted use in industrial and agricultural districts, and permitted with standards or conditional in all other non-residential districts. Ground - mount solar developments covering more than ten acres shall be considered large-scale solar. 3. Dimensional standards -All structures must comply with setback, height, and coverage limitations for the district in which the system is located. 4. Other standards - Ground -mount systems must comply with all required standards for structures in the district in which the system is located. Minnesota Model Solar Ordinance 13 Use Type Large-scale solar Communi- ty -scale solar Accessory use ground -mount- ed solar Rooftop solar Residential Mixed Business Industrial Us Large -Scale Solar Conditional Uses Large -scale solar should require a conditional use or interim use permit in order for the community to consider the site -specific conditions. The districts listed here are examples. Each community needs to consider where large scale solar is suitable in the context of its zoning districts and priorities. Special Agricultural, Shoreland Floodplain (Conserva- Rural, Landfill on, Histor- ic Districts) Solar as a Land Use The above use table shows four types of solar development that are distinct types of land uses (two kinds of accessory uses, two principal uses), and a group of districts or overlays that are commonly used in Minnesota. • Rooftop system are permitted in all districts where buildings are permitted, with recognition that historic districts will have special standards or permits separate from the zoning permits. • Accessory use ground -mount are conditional where potentially in conflict with the primary district or overlay goal. • Community -scale solar principal uses are conditional where land use conflicts or opportunity conflicts are high, permitted where a 10 acre development can be integrated into the landscape, and requiring special consideration in shoreland and floodplain overlay districts. • Large-scale is prohibited in higher density districts and conditional in all other districts. Both community- and large-scale solar is allowed in shoreland and Floodplain overlay districts, because the site design standards requiring beneficial habitat ground cover not only ensure a low -impact development but in most cases result in a restoration of eco- system services from the previous (usually agricultural) use. VI. Restrictions on Solar Energy Systems Limited — As of (adoption date for this ordinance) new homeowners' agreements, covenant, common interest community standards, or other contract between multiple property owners within a subdivision of Model Community shall not restrict or limit solar energy systems to a greater extent than Model Community' solar energy standards. VII. Solar Access - Model Community encourages protection of solar access in all new subdivisions. A. Solar Easements Allowed - Model Community allows solar easements to be filed, consistent with Minnesota State Code 500. Any property owner can purchase an easement across neighboring properties to protect access to sunlight. The easement can apply to buildings, trees, or other structures that would diminish solar access. B. Easements within Subdivision Process - Model Community requires new subdivisions to identify and create solar easements when solar energy systems are implemented as a condition of a PUD, subdivision, conditional use, or other permit, as specified in Section 8 of this ordinance. Minnesota Model Solar Ordinance 15 Vill. Renewable Energy Condition for Certain Permits A. Condition for Planned Unit Development (PUD) Approval - Model Community may require on -site renewable energy systems, zero -net -energy (ZNE) or zero -net -carbon (ZNC) building designs, solar -synchronized electric vehicle charging or other clean energy systems as a condition for approval of a PUD permit to mitigate for: 1. Impacts on the performance of the electric distribution system, 2. Increased local emissions of greenhouse gases associated with the proposal, 3. Need for electric vehicle charging infrastructure to offset transportation -related emissions for trips generated by the new development, 4. Other impacts of the proposed development that are inconsistent with the Model Community Comprehensive Plan. Condition for Conditional Use Permit - Model Community may require on -site renewable energy systems or zero net energy construction as a condition for a rezoning or a conditional use permit. IX. Solar Roof Incentives - Model Community encourages incorporating on -site renewable energy system or zero net energy construction for new construction and redevelopment. Model Community may require on -site renewable energy or zero -net - energy construction when issuing a conditional use permit where the project has access to local energy resources, in order to ensure consistency with Model Community's Climate Action Plan. A. Density Bonus - Any application for subdivision of land in the _ Districts that will allow the development of at least four new lots of record shall be allowed to increase the maximum number of lots by 10% or one lot, whichever is greater, provided all building and wastewater setbacks can be met with the increased density, if the applicant enters into a development agreement guaranteeing at least three (3) kilowatts of PV for each new residence that has a solar resource. Financial Assistance — Model Community provides financial assistance to certain types of development and redevelopment. All projects that receive financial assistance of $ or greater, and that have a solar resource shall incorporate on -site renewable energy systems. Minnesota Model Solar Ordinance 16 C. Solar -Ready Buildings — Model Community encourages builders to use solar -ready design in buildings. Buildings that submit a completed U.S. EPA Renewable Energy Ready Home Solar Photovoltaic Checklist (or other approved solar -ready standard) and associated documentation will be certified as a Model Community solar ready home, and are eligible for low-cost financing through Model Community's Economic Development Authority. A designation that will be included in the permit home's permit history. D. Solar Access Variance — When a developer requests a variance from Model Community's subdivision solar access standards, the zoning administrator may grant an administrative exception from the solar access standards provided the applicant meets the conditions of 1. and 2. below: 1. Solar Access Lots Identified - At least _% of the lots, or a minimum of _ lots, are identified as solar development lots. Covenant Assigned - Solar access lots are assigned a covenant that homes built upon these lots must include a solar energy system. Photovoltaic systems must be at least three (3) KW in capacity. Additional Fees Waived - Model Community will waive any additional fees for filing of the covenant. Minnesota Model Solar Ordinance 17 Attachment D 1325.02 Accessory Uses. Subd. 1 Accessory Retail Sales, Processing, and Storage. Accessory retail sales shall be permitted in industrial districts, and accessory processing, assembly, repair, and storage of materials shall be permitted in business districts when such uses are directly associated with the principal use, and when such accessory uses are clearly incidental. Subd. 2 Day Care Facilities for Houses of Worship and Schools. Day care facilities for over ten (10) persons shall be considered as accessory uses for houses of worship and schools within all residential districts if located in the principal building. Subd. 3 Home Occupations. Home occupations are allowed as either accessory uses or conditional uses depending on the characteristics of the operation. A. All home occupations shall comply with the following conditions: 1. It shall not result in traffic, parking, noise, light, fumes and odors to such an extent that it is noticeable that the property is being used for non-residential purposes. 2. It shall be conducted entirely within the dwelling. 3. There is no exterior evidence of the home occupation. 4. It does not require any special entrances to the dwelling. B. Class I Accessory Home Occupations. 1. Home Occupations will be permitted as accessory uses if they meet the conditions stipulated in the home occupation definition and following conditions: a) The business is engaged only by the occupants of the premis-es; b) The business activity does not occupy more than twenty-five (25) percent of the gross floor area of the dwelling; c) There will be no patrons visiting the premises; d) It requires no delivery of products other than those delivered by private passenger vehicle. 2. Applicants for Class I Accessory Home Occupations shall be required to obtain an Accessory Home Occupation Permit from the City prior to engaging the activity. Review by the Planning Commission and City Council is not required. Application forms as prescribed by the Administrator shall be accompanied by the following information: a) A photograph of the residence; b) A floor plan indicating the floor area to be used by the home occupation along with a tabulation of the total floor area and the floor area to be used for the home occupation; c) A statement describing the home occupation and the compliance with the required conditions; and, d) A copy of the state or county license or permit if such a license or permit is required by the state or county for the proposed home occupation. C. Class II Conditional Accessory Home Occupations. 1. Home occupations may be allowed by Conditional Use Permit as regulated in Section 1355.04 Subd 3 if they meet the conditions stipulated above for all Home Occupations and the following conditions: a) The primary business activity shall be conducted by an occupant of the residence; b) One person not residing in the residence may be employed to assist in the business activity; c) It does not occupy more than thirty-three (33) percent of the floor area of the dwelling; d) It has a limited number of patrons visiting the premises; e) Off-street parking for no more than two (2) additional vehicles other than those required by the occupants shall be permitted. On -street parking shall not be used to satisfy required parking; and, f) It requires delivery of products to the premises no more than once per day. 2. Applicants for Class II Conditional Accessory Home Occupations shall follow the procedures prescribed in the Conditional Use Permit section of Appendix A, Procedure Manual. The application shall be accompanied by the information required for Class I Home Occupations in Section 1325.02 above and a site plan showing any additional parking or other modifications to the site required to accommodate the home occupation. A copy of any required State or County license or permit as discussed in Class I Home Occupations shall be submitted prior to the issuance of a Conditional Use Permit, however, evidence that the proposed Home Occupation meets all the requirements for State or County licenses or permits shall be submitted with the Conditional Use Permit application. 3. In reviewing applications for Class II Conditional Accessory Use Permits for Home Occupations the City shall consider criteria which affect the appropriateness of a particular use in the location proposed, as discussed in Section 1355.04 Subd 3 and Appendix A, Procedural Manual. Subd. 4 Accessory Outdoor Display and Sales. A. Outdoor display and sales shall only be permitted as an accessory use on a property where the principal use is either Retail Sales and Services or Service Station. B. Outdoor display and sales shall only be permitted in the following Zoning Districts: B-2, B-3, B-4, NB, and GB. C. An Administrative Permit shall be required from the Community Development Department to allow outdoor display and sales of goods. The Community Development Department shall review a site plan and specifics of the proposed outdoor display and sales area and may issue the permit, subject to, but not limited to, the following requirements: 1. The total display and sales area shall be determined based on the following formula: a. For properties with a principal building of 15,000 square feet or less in size, the permitted display and sales area shall be a maximum of 300 square feet. b. For properties with a principal building greater than 15,000 square feet in size, the permitted display and sales area shall be two percent of the base area of the principal building, but not to exceed 1,000 square feet. 2. Merchandise shall be stacked and/or arranged neatly on a hard surface and may be up to six feet in height. 3. The display and sales area shall be located adjacent to the principal building and on the side of the principal building with the main entrance. No merchandise shall be permitted to be displayed on Service Station islands. 4. The display and sales area shall not obstruct pedestrian access on the site, whether from parking areas to the building entrance or from the public street to the building entrance. 5. The display and sales area shall not occupy or obstruct on -site parking spaces. 6. The type of merchandise displayed shall be limited to items which require an outdoor location, such as plants or fuel, and any items which because of large volume or weight are housed outdoors, such as vending machines, salt, or landscaping materials. 7. Outdoor display and sales areas shall be screened when located within 200 feet of a residentially zoned property. (added 3/28/16) Subd. 5 Accessory Commercial Recreation - Outdoor. A. Commercial Recreation - Outdoor shall only be permitted in the B-2 General Business District. B. An Administrative Permit shall be required from the Community Development Department to allow outdoor recreational activities. The Community Development Department shall review a site plan and specifics of the proposed outdoor recreation area and may issue the permit, subject to, but not limited to, the following requirements: 1. The Subject Property shall not be located immediately adjacent to a residentially zoned property. 2. All commercial recreation -outdoor related activity must cease by 10 PM on weekdays and weekends. 3. The location of the outdoor commercial recreation area needs to be contiguous to the principal building and shall be a contained space with a defined perimeter of either decorative fencing, retaining walls, and/or plantings. 4. The permitted commercial recreation - outdoor area shall not exceed 1,500 square feet. (added 4/24/2023) Subd. 6 Lower -Potency Hemp Edible Sales. A. Lower -Potency Hemp Edible Sales shall be a Conditional Accessory use only permitted in the B-2 General Business, B-3 Service Business, B-4 Retail Business, NB Neighborhood Business and GB Gateway Business Zoning Districts where the principal use is Retail Sales & Service, Restaurant, or Service Station, the business has a liquor or tobacco license issued by the City, and when such accessory use is clearly incidental to the principal use.. B. Applicants for Conditional Accessory Lower -Potency Hemp Edible Sales shall follow the conditional use permit procedures prescribed in Section 1355.04, subd. 3, and Appendix A, Procedure Manual. The City shall review a site plan and specifics of the proposed lower -potency hemp edibles business. (added 8/28/2023) Subd. 7 Solar Energy Systems A. Solar energy systems are an accessory use in the R-1, R-2, and R-3 Zoning Districts subject to the following requirements: 1. Height. Solar energy systems must meet the following height requirements: a. Roof- mounted solar energy systems shall not exceed the maximum allowed building height in any zoning district. For purposes for height measurement, solar energy systems other than building -integrated systems shall be considered to be mechanical devices and are restricted consistent with other such mechanical devices. b. Ground- or pole -mounted solar energy systems shall not exceed 15 feet in height or the height of the principal structure to which it is accessory, whichever is lower, when oriented at maximum tilt. 2. Setback. Solar energy systems must meet the accessory structure setback for the zoning district in which the system is located. a. Roof -mounted systems: Consistent with the required building setback, the collector surface and mounting devices for roof -mounted solar systems shall not extend beyond the exterior perimeter of the building on which the system is mounted or built. Exterior piping for solar hot water systems shall be allowed to extend beyond the perimeter of the building on a side yard exposure. b. Ground- or pole -mounted solar energy systems are only permitted in rear yards and may extend into the required rear yard accessory structure setback when oriented at minimum design tilt. 3. Visibility. Solar energy systems shall be designed to blend into the architecture of the building, and minimize the view from public rights -of -way other than alleys as well as adjacent property. The color of the solar collector is not required to be consistent with other roofing materials. a. Building integrated photovoltaic systems. Building integrated photovoltaic solar energy systems shall be allowed regardless of whether the system is visible from the public right- of-way, provided the building component in which the system is integrated meets all required setbacks and regulations for the district in which the building is located. b. Solar energy systems with mounting devices. Roof -mounting devices or ground - mounted solar energy systems shall not be restricted if the system is not visible from the closest edge of any public right-of-way other than an alley. Roof -mounted systems that are visible from the nearest edge of the street frontage right-of-way shall be reviewed by the Community Development Department to ensure the system meets the wind load standards for the roof and not have a highest finished pitch steeper than the roof pitch on which the system is mounted, and shall be no higher than 12 inches above the roof. c. All solar energy systems using a reflector to enhance solar production shall minimize glare from the reflector affecting adjacent or nearby properties. 4. Coverage. Solar energy systems are subject to lot coverage and impervious surface requirements of the underlying zoning district. a. Roof -mounted solar energy systems, excluding building integrated systems, shall not cover more than 80 percent of the south -facing or flat roof upon which the panels are mounted. b. The surface area of ground -or pole -mounted systems shall be factored as part of the maximum lot coverage by structure and shall not exceed the regulations of the underlying zoning district. c. The surface area of ground- or pole- mounted systems shall be treated as impervious coverage as regulated for each zoning district. Allowed impervious coverage may be increased by up to ten percent above maximum lot coverage for the zoning district provided 100 percent of the excess is accounted for by an approved ground- or pole - mounted solar energy system when the soil under the panel array(s) is vegetation or not compacted or a pollinator and native groundcover mix. d. Ground- or pole -mounted systems shall be counted as an accessory structure. 5. Plan Approvals. All solar energy systems shall require the issuance of a building permit. a. Applications that meet the requirements of this policy shall be granted administrative approval by the Zoning Administrator. Plan approval by the Zoning Department does not indicate compliance with Building Code or Electric Code. b. A building permit application for a solar energy system shall be accompanied by scaled horizontal and vertical elevation drawings. The drawings must show the location of the system on the building, or on the property for a ground- or pole -mounted system, including the property lines. 1. For all roof -mounted systems other than a flat roof the elevation drawings shall show the highest finished slope of the solar collector and the slope of the finished roof surface on which it is mounted. 2. For flat -roof applications a drawing shall be submitted showing the distance to the roof edge and any parapets on the building and shall identify the height of the building on the street frontage side, the shortest distance of the system from the street frontage edge of the building, and the highest finished height of the solar collector above the finished surface of the roof. c. All solar energy systems shall meet approval of local building code officials, consistent with the State of Minnesota Building Code, and solar thermal systems shall comply with HVAC-related requirements of the Energy Code. d. All solar energy systems shall comply with the Minnesota State Electric Code. e. If any solar energy system remains nonfunctional or inoperative for a continuous period of twelve (12) months, the system must be deemed to be abandoned and shall constitute a public nuisance. The owner must remove the abandoned system at their expense after any required permits have been obtained. Removal includes the entire structure, including transmission equipment and footings. 1320.05 Land Use Chart.(revised XX/)XDN Attachment E Zoning Districts: R- 1 R- 2 I R- 3 I R- 4 NB I B- 1 �B-2 �B-3 �B-4 CC GB I-1 I-2 I -FLEX CD POS I INS Antenna, Dish or Tower CA CA I CA I CA CA I CA CA CA CA I CA CA CA CA CA CA I CA I CA Boarding house C C I C I C -- C Brewpub =_ _= I== I== __ _= C C C =_ __ Business service A P P P C P P P P Clinic, medical office P P P P P C P P P P Club or lodge (non-profit) __ __ __ __ _= P P P == C Club, sports & fitness =_ __ __ __ _= A P P P C P P == P Commercial recreation - indoor =_ __ __ __ __ _= P P P P Commercial recreation - outdoor =_ __ __ __ __ _= A =_ Day care facility, over 10 =_ __ _= I == P I P Ip P P == P P P P Day care, family- 10 or less A A A A A == A Day care, group family - 14 or less CA CA CA CA CA == CA Dog kennel =_ __ __ __ __ _= C C Dog run A A A Drive -up windows =_ __ __ __ __ _= C C C == A "Dry cleaning & laundry, pick-up station" __ __ _= C == A A =_ _= A "Dry cleaning & laundry, self-service laundry" __ __ C C C Dwelling: density zoning D D D D Dwelling: multiple family =_ _= C C C == C =_ _= C C Dwelling: single-family attached C C D D Dwelling: single-family detached P P P P Dwelling: two-family C C P P C Dwelling: live -work unit =_ __ __ _= C Financial institution & service =_ __ _= P P P P P C P P P P Garage, truck =_ __ __ __ __ __ __ __ __ __ _= C C Higher Education, Campus =_ __ __ __ __ __ __ __ __ __ __ __ __ __ __ _= C Home occupation: Class I A A A A A =_ __ __ _= A Home occupation: Class II CA CA CA CA CA =_ __ __ _= C Hospital Hotel/motel =_ __ __ __ __ _= C P C C C =_ _= C House of worship C C C C C C C C C C =_ __ _= C Lower -Potency Hemp Edible Sales =_ __ __ _= CA == CA CA CA == CA Manufactured home pads =_ _= C Manufacturing & processing : Class I A A A == P P P P Manufacturing & processing : Class II =_ __ __ __ __ __ __ __ __ __ __ _= P Micro brewery =_ __ __ __ __ _= C C C == C =_ _= C Micro distillery =_ __ __ __ __ _= C C C == C =_ _= C 1 of 2 1320.05 Land Use Chart.(revised XX/)XDN Zoning Districts: R- 1 R- 2 R- 3 I R- 4 NB JB- 1 B- 2 B- 3 B- 4 CC GB 1-1 /.y I -FLEX CD POS I INST Mortuary, funeral home =_ __ __ _= P P Multiple occupancy building =_ __ _= I == C I C C C C C C C C C Nursery C C C C Nursing home and assisted living C C C c D =_ _= C Office P P P P P P P P P P Pawnshop =_ __ __ __ __ __ __ __ __ __ __ __ __ __ _= P =_ Personal services =_ __ __ _= C A P P P C P =_ _= A Public use C c C C C C C C C C C C C C Research and development facility =_ __ __ _= C P C C C == P P P P C C Research animals =_ __ __ __ __ _= C == C C Residence Hall, dormitory =_ __ _= C == C D Residential facility, state licensed, serving 1- 6 P P P P P == P Residential facility, state licensed, serving 7- 16 C C C C C C =_ Restaurant and restaurant -fast food =_ __ __ _= C A P P P C P C C Retail sales & service =_ __ __ _= P A P P P C A A A A School, general education c C I C I C =_ __ __ __ _= C School, specialized education =_ __ __ __ _= C C C C C Service station =_ __ C C C C C Solar Energy System A A i C Storage, exterior =_ __ __ __ __ __ __ __ __ __ __ _= CA Studio =_ __ __ _= C C P P P C Theater, indoor =_ __ __ _= A C P == C Thrift Store =_ __ __ __ __ __ __ __C C Utility distribution line P P P P P P P P P == P P P P A P =_ Utility substation =_ __ __ C C =_ Utility transmission C C C C C C C C C C C C C C c Vehicle - motorized, leasing and rentals =_ __ __ __ __ _= C C Vehicle - motorized, service =_ __ __ __ __ _= C C Warehousing =_ __ __ __ _= A A A A == C P P C "A" = Accessory "CA" = Conditional Accessory Use Permit "C" = Conditional Use Permit "Y = Planned Unit "I" = Interim Use Permit "P" = Permitted __ = Not Permitted 2of2