HomeMy WebLinkAbout11-08-23 PC AgendaAPPROVAL OF THE AGENDA
APPROVAL OF MINUTES
October 4, 2023 Planning Commission Regular Meeting
10 -04 -23 PC.PDF
PLANNING CASES
Planning Case 23 -018 –Zoning Code Amendment To Chapter 13 To Allow Solar
Energy Systems In Residential Districts (Public Hearing Required)
MEMO -REVISED.PDF
ATTACHMENT A.PDF
ATTACHMENT B.PDF
ATTACHMENT C.PDF
ATTACHMENT D.PDF
ATTACHMENT E.PDF
ATTACHMENT F -REVISED.PDF
ATTACHMENT G.PDF
ATTACHMENT H.PDF
ATTACHMENT I.PDF
Planning Case 23 -019 –Zoning Code Amendment To Chapter 13 And City Code
Amendment Chapter 15 To Standardize The Permitting Regulations For Filling And
Excavation (Public Hearing Required)
MEMO.PDF
ATTACHMENT A.PDF
ATTACHMENT B.PDF
ATTACHMENT C.PDF
ATTACHMENT D.PDF
UNFINISHED AND NEW BUSINESS
COMMENTS AND REPORTS
Report From The City Council
Planning Commission Comments
ADJOURNMENT
ADJOURN
A quorum of the City Council may be
present at this meeting.
Chair:
Paul Vijums
Commissioners:
Jonathan
Wicklund
Kurt Weber
Arlene Mitchell
Joshua Collins
Shelley Blilie
Brad Bjorklund
Steven Jones
(Alt)
Council Liaison:
Emily Rousseau
Planning Commission
November 8, 2023
6:30 p.m.
City Hall
Address:
1245 W Highway 96
Arden Hills MN 55112
Phone:
651 -792 -7800
Website :
www.cityofardenhills.org
City Vision
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/85328702479
This meeting will be streamed live on local Cable Channel 16 and available for playback on our website
Agenda
CALL TO ORDER
1.
2.
2.A.
Documents:
3.
3.A.
Documents:
3.B.
Documents:
4.
5.
5.A.
5.B.
6.
APPROVAL OF THE AGENDAAPPROVAL OF MINUTESOctober 4, 2023 Planning Commission Regular Meeting10-04 -23 PC.PDFPLANNING CASESPlanning Case 23 -018 –Zoning Code Amendment To Chapter 13 To Allow Solar Energy Systems In Residential Districts (Public Hearing Required)MEMO -REVISED.PDFATTACHMENT A.PDFATTACHMENT B.PDFATTACHMENT C.PDF
ATTACHMENT D.PDF
ATTACHMENT E.PDF
ATTACHMENT F -REVISED.PDF
ATTACHMENT G.PDF
ATTACHMENT H.PDF
ATTACHMENT I.PDF
Planning Case 23 -019 –Zoning Code Amendment To Chapter 13 And City Code
Amendment Chapter 15 To Standardize The Permitting Regulations For Filling And
Excavation (Public Hearing Required)
MEMO.PDF
ATTACHMENT A.PDF
ATTACHMENT B.PDF
ATTACHMENT C.PDF
ATTACHMENT D.PDF
UNFINISHED AND NEW BUSINESS
COMMENTS AND REPORTS
Report From The City Council
Planning Commission Comments
ADJOURNMENT
ADJOURN
A quorum of the City Council may be
present at this meeting.
Chair:Paul VijumsCommissioners:Jonathan WicklundKurt WeberArlene MitchellJoshua CollinsShelley BlilieBrad BjorklundSteven Jones (Alt)Council Liaison:Emily Rousseau Planning Commission November 8, 2023 6:30 p.m. City Hall Address:1245 W Highway 96Arden Hills MN 55112Phone:651 -792 -7800Website:www.cityofardenhills.orgCity VisionArden 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 desirableCity in which to live, work, and play.This meeting can be accessed remotely by joining via ZoomTo join the Zoom meeting, click this link (or copy and paste it into a new browser): https://us02web.zoom.us/j/85328702479This meeting will be streamed live on local Cable Channel 16 and available for playback on our website AgendaCALL TO ORDER1.2.2.A.Documents:3.3.A.Documents:
3.B.
Documents:
4.
5.
5.A.
5.B.
6.
Approved: November 8, 2023
CITY OF ARDEN HILLS, MINNESOTA
PLANNING COMMISSION
WEDNESDAY, OCTOBER 4, 2023
6:30 P.M. - ARDEN HILLS CITY HALL
CALL TO ORDER/ROLL CALL
Pursuant to due call and notice thereof, Chair Paul Vijums called to order the regular Planning
Commission meeting at 6:30 p.m.
ROLL CALL
Present were: Chair Paul Vijums, Commissioners Brad Bjorklund, Shelley Blilie, Joshua Collins,
Kurtis Weber, and Jonathan Wicklund.
Absent: Commissioner Arlene Mitchell.
Also present were: Community Development Director Jessica Jagoe, Senior Planner Elena
Fransen and Councilmember Emily Rousseau.
APPROVAL OF AGENDA – OCTOBER 4, 2023
Chair Vijums moved, seconded by Commissioner Wicklund, to approve the October 4, 2023,
agenda as presented. The motion carried unanimously (6-0).
APPROVAL OF MINUTES
September 6, 2023 – Planning Commission Regular Meeting
Commissioner Weber moved, seconded by Commissioner Wicklund, to approve the
September 6, 2023, Planning Commission Regular Meeting as presented. The motion carried
4-0-2 (Commissioner Bjorklund and Chair Vijums abstained).
PLANNING CASES
A.Planning Case 23-017; 4504 Hamline Avenue North – Conditional Use Permit – Public
Hearing
Community Development Director Jagoe stated 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
ARDEN HILLS PLANNING COMMISSION – October 4, 2023 2
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 II designation requiring a
Conditional Use Permit.
Community Development Director Jagoe reported 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.
Community Development Director Jagoe reviewed the site data, the Plan Evaluation and
provided the Findings of Fact for review:
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.
Community Development Director Jagoe reviewed the motion options available to the Planning
Commission for Planning Case 23-017 for a Conditional Use Permit to allow a Class II Accessory
Home Occupation at 4504 Hamline Avenue N.:
1. Recommend Approval with 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.
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 as Submitted
3. Recommend Denial
4. Table
Chair Vijums opened the floor to Commissioner comments.
ARDEN HILLS PLANNING COMMISSION – October 4, 2023 3
Commissioner Bjorklund asked what type of signage would be allowed in a residential zoning
district for a home occupation.
Community Development Director Jagoe discussed the language included within the sign
ordinance that addresses residential properties and home occupations. She recalled that there was
to be no exterior evidence of the home occupation and this includes signage.
Commissioner Wicklund asked if parking was allowed on the east side of Hamline Avenue.
Community Development Director Jagoe stated she did not believe this was allowed. She
explained that city codes states that on street parking shall not be used to satisfy the home
occupation needs.
Chair Vijums opened the public hearing at 6:46 p.m.
Chair Vijums invited anyone for or against the application to come forward and make comment.
Brian Densmore, 4504 Hamline Avenue, explained he was not worried about any business
signage. He reported he has no intention of parking on Hamline Avenue, noting his driveway was
long enough to handle parking.
Commissioner Blilie asked how many visitors he would have each week during the tax season.
Mr. Densmore commented this number would vary from week to week noting he had many clients
that visit with him virtually and some visit with him in person.
There being no additional comment Chair Vijums closed the public hearing at 6:48 p.m.
Commissioner Wicklund moved and Commissioner Weber seconded a 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 North based on the findings of fact
and the submitted plans, as amended by the five conditions in the October 4, 2023, report to
the Planning Commission. The motion carried unanimously (6-0).
B. Planning Case 23-018; Zoning Code Amendment to Chapter 13 to Allow Solar Energy
Systems in Residential Districts – Public Hearing
Senior Planner Fransen stated 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.
Senior Planner Fransen reported in February 2023, 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
ARDEN HILLS PLANNING COMMISSION – October 4, 2023 4
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.
Senior Planner Fransen reviewed the Plan Evaluation and provided the Findings of Fact for
review:
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.
Senior Planner Fransen reviewed the options available to the Planning Commission for Planning
Case 23-018 for a Zoning Code Amendment to Chapter 13 of the Arden Hills City Code to allow
Solar Energy Systems as an Accessory Use in the R-1, R-2, and R-3 Residential Zoning Districts:
1. Recommend Approval
2. Recommend Approval with Amendments
3. Recommend Denial
4. Table
Chair Vijums opened the floor to Commissioner comments.
Commissioner Weber asked if the ground mounted solar counted as an accessory structure for a
property.
Senior Planner Fransen reported this would be the case in the drafted Ordinance language.
Commissioner Collins questioned what type of approvals would be needed for a ground mounted
solar array.
ARDEN HILLS PLANNING COMMISSION – October 4, 2023 5
Senior Planner Fransen explained the applicant would need administrative approval, along with
a building permit and electrical permit. She reported some communities require conditional use
permit approval. She indicated the drafted ordinance language would establish that residential solar
energy systems could be approved at an administrative level.
Commissioner Bjorklund thanked staff for their thorough work on this Ordinance.
Commissioner Wicklund stated he understood the Conservation District allowed ground
mounted solar. He inquired if the NR-1 and NR-2 districts within the TRC (TCAAP
Redevelopment Code) would allow for ground mounted solar.
Senior Planner Fransen explained the ordinance as currently drafted was specific the R-1, R-2,
and R-3 zoning districts.
Commissioner Bjorklund commented it appears Don Wahlberg would be setting a precedent that
would benefit residents in R-1, R-2 and R-3 districts. He wondered if the City should be charging
him $1,900 to go through the approval process, given the fact many residents would be benefiting
from this code change.
Community Development Director Jagoe reported there was an application fee for resident
initiated zoning code amendments. She stated if a refund were to be considered for this matter, it
would have to be reviewed and approved by the City Council.
Commissioner Weber and Commissioner Bjorklund indicated support for the City Council to
consider refunding the land use application fees in this circumstance.
Chair Vijums stated he was uncertain how to determine what amount should be refunded to Mr.
Wahlberg.
Commissioner Wicklund indicated he did not think it was necessary for the City to refund this
applicant.
Commissioner Weber questioned if there was another way to go about initiating an ordinance
amendment, through an alternate path brought forward from the City Council.
Community Development Director Jagoe explained Mr. Wahlberg came to a City Council
meeting in advance of making the application. She stated direction was not given by the City
Council regarding this matter. She noted the Planning Commission could provide the City Council
with recommendation regarding the fees that were charged.
Chair Vijums stated he did a thorough review of the Ordinance and had a number of questions.
He indicated he had several items that he believed should be included or considered for the
Ordinance. He questioned if solar energy systems should be allowed on carports. He recommended
screening language be considered for solar panels. He supported the Ordinance being tabled until
additional language was added to address this concern.
Commissioner Weber asked if building permit requirements addressed any of these concerns.
Senior Planner Fransen commented the electrical and structural concerns would be addressed
through the building permit consideration and zoning requirements would address setbacks.
ARDEN HILLS PLANNING COMMISSION – October 4, 2023 6
Commissioner Weber questioned if the proposed Ordinance spoke to screening requirements.
Senior Planner Fransen indicated the drafted Ordinance did not require screening. She reported
staff took this approach because other accessory structures do not require screening. She indicated
the Planning Commission could make recommendations regarding screening, if this was a concern.
Commissioner Wicklund inquired when the applicant paid the permit fee for a building permit.
Senior Planner Fransen stated the applicant would pay the fee when the application review is
completed and the permit was ready to be issued.
Commissioner Wicklund asked if this item were tabled could the language within the Ordinance
change, noting he would like to see the TRC NR-1 and NR-2 zoning districts be included in the
proposed Ordinance.
Community Development Director Jagoe reported if the Commission were to table this item
staff could be directed to make amendments to the language and a second notice could be sent out
for this zoning code amendment.
Commissioner Collins stated he fully supported the proposed Ordinance. He noted this was the
way of the future and he was pleased the City was considering this zoning code amendment. He
was of the opinion that screening would be counterproductive. He supported the City offering an
alternative for how residents receive their power.
Commissioner Weber commented he strongly supported the proposed zoning code amendment.
Commissioner Blilie inquired why someone would have a ground mounted system versus
mounting it on the roof.
Chair Vijums indicated this may be a personal choice or may have to do with the structural
integrity of the roof.
Commissioner Bjorklund stated this may also depend on the slope and direction that a roof is
facing.
Senior Planner Fransen added that the structure could also have tree coverage that provide
cooling benefits during the summer and that trees could need to be removed to provide adequate
sunlight for a roof-mounted solar array to be effective. She offered that this could be contradictory
to the intent of a solar energy system.
Chair Vijums indicated he supported solar arrays, but stated they were not aesthetically pleasing,
especially if they were in backyards. He believed the Commission was not ready to vote on this
zoning code amendment because it needed more language regarding aesthetics and screening.
Commissioner Collins explained solar panels had a utilitarian look because they provided utility.
He supported the City moving towards progress versus worrying about aesthetics. He indicated
the City could address materiality.
ARDEN HILLS PLANNING COMMISSION – October 4, 2023 7
Commissioner Bjorklund believed the City needed to get practical and understand what times
the community was facing. He stated solar would be critical going forward in order to reduce green
house gas emissions. He was of the opinion the zoning code amendment should move forward
because it was very important.
Chair Vijums recommended the following language change in Item A2(b): ground or pole
mounted solar energy systems are only permitted in rear yards and may not extend into the required
rear yard accessory setback.
Senior Planner Fransen indicated staff can modify this language to include the word not.
Chair Vijums requested clarification on Item 4(c).
Senior Planner Fransen explained in the R-1, R-2, and R-3 residential districts, residential
properties are permitted a maximum impervious surface coverage of 35% . She stated the proposed
language would allow a property that had 35% coverage and was looking to install solar, to have
an increase of up to 10% to accommodate the solar system if the provisions in Item 4(c) were
satisfied.
Chair Vijums asked that staff review this language in order for it to read more clearly. He
suggested language be added from the Minnesota Solar Ordinance to the City’s Ordinance (Page
11) when it comes to soil conditions for a panel system.
Senior Planner Fransen indicated staff could add language if this was the recommendation of the
Planning Commission.
Further discussion ensued regarding the engineering behind installing a solar array system.
Chair Vijums supported the Ordinance addressing the need for qualified engineered drawings for
solar arrays.
Commissioner Wicklund agreed stating it may be beneficial to have engineers looking at the
structural integrity of the mounting system.
Commissioner Collins stated this would be yet another financial burden for residents looking to
install a solar energy system.
Chair Vijums believed it was critical to have an engineer reviewing these plans to ensure the
structural load could withstand the wind and weather.
Senior Planner Fransen stated representatives from All Energy Solar were in attendance and
could address the Planning Commission on the drafted ordinance language.
Chair Vijums opened the public hearing at 7:49 p.m.
Chair Vijums invited anyone for or against the application to come forward and make comment.
Danielle DeMarre, All Energy Solar, introduced herself to the Commission. She explained All
Energy Solar was a local energy solar installer that installed over 8,000 systems. She requested
the language within the zoning code amendment be reconsidered under Item 3 – Visibility. She
ARDEN HILLS PLANNING COMMISSION – October 4, 2023 8
recommended the language be reconsidered to include the language from the Minnesota Solar
Model Ordinance. She commented on how south facing rooflines were with most efficient way to
capture solar energy. She requested clarification in Item 3(b) regarding the height of panels above
a roof. She discussed how some roof systems are raised up when installed. She suggested five feet
be allowed. She asked that there be a change to Section 4 – Coverage, under Section A. She
questioned why the City was setting a limit of 80% coverage for south facing or flat roofs. She
urged staff to update this outdated language noting Minnesota State building code addresses the
percentage of roof coverage. She commented further on how Minnesota State building code
addresses structural concerns when it comes to solar energy systems.
Commissioner Wicklund asked if all installers of ground mounted systems were governed by
Minnesota rule codes or statutes, and this addressed wind loads for structures.
Ms. DeMarre reported this was the case. She explained each new code that comes out on a yearly
basis addresses wind load for ground mounted structures.
Commissioner Weber indicated this code specifically addresses ground mounted solar systems.
He inquired if the Minnesota State Building Code addresses ground mounted systems.
Ms. DeMarre discussed how ground mounted systems were addressed within the State building
code.
There being no additional comment Chair Vijums closed the public hearing at 7:59 p.m.
Chair Vijums commented his concerns regarding power lines would be satisfied by Minnesota
Statutes and Minnesota building code. The Commission was in agreement.
Chair Vijums indicated his other concern was with visibility and screening. He stated he was
under the impression staff should investigate this portion of code further.
Chair Wicklund recommended staff also consider if it would be appropriate to add NR-1, NR-2
and NR-3 within the TRC to this zoning code amendment. He stated he supported the expansion
of solar in Arden Hills. However, because there was no urgency, he supported the matter being
tabled to allow staff and the Commission to work through some of the concerns that have been
brought up.
Chair Vijums supported this recommendation and thanked staff for all of their efforts on the
drafted code amendment language.
Commissioner Weber reported staff referenced the Minnesota Solar Model Ordinance within the
zoning code amendment. He explained his understanding of this language was that homeowners
had the right to pursue the ownership of solar energy. He was of the opinion neighbors could not
limit a resident’s right to pursue solar energy. He asked for staff’s opinion on this matter.
Senior Planner Fransen indicated this was staff’s interpretation when drafting the language for
the proposed process of administrative approval for solar energy systems.
Chair Vijums read the language the Applicant provided for the proposed zoning code amendment
again for the record stating “ground mounted solar panels are not allowed unless their view is
blocked to all parties concerned.”
ARDEN HILLS PLANNING COMMISSION – October 4, 2023 9
Commissioner Weber believed this language was a good reason to table action on the zoning
code amendment. However, he indicated concern with adding requirements to the drafted
ordinance that would increase the cost of solar energy systems. He feared that adding requirements
to the drafted ordinance language would limitaccess to solar. He supported the City fleshing this
out before approving the zoning code amendment. He commented his concern was that delaying
this matter would increase costs for those trying to install a solar energy system yet this fall. It was
his opinion that adding additional screening requirements would put up barriers.
Commissioner Collins indicated he had an issue with the City trying to dictate what the systems
could look like for the neighbors. He stated he had an issue with the Commission establishing
aesthetics requirements for solar energy systems. He noted solar arrays are always going to have
a utilitarian look because they are a metal structure with black panels. He questioned how a delay
would benefit the City.
Chair Vijums offered that the Arden Hills zoning code currently references requirements for
screening when applicable.
Commissioner Bjorklund feared that screening requirements would create huge barriers for
residents seeking solar energy systems. He supported the Commission moving forward with the
zoning code amendment.
Commissioner Weber recommended the Commission address the TRC zoning districts that
should be added to the code language prior to voting on this matter.
Commissioner Wicklund suggested the four residential zoning districts within the TRC be
included in this zoning code amendment. He stated another option for the Commission to consider
is neighbor consent for solar energy systems, as was included in the zoning code amendment for
the keeping of chickens.
Commissioner Weber stated he could support moving this item forward.
Chair Vijums moved and Commissioner Wicklund seconded a motion to table action on
Planning Case 23-018 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 to a future Planning Commission meeting requesting staff address visibility,
aesthetics, screening and the TRC zoning districts, as well as addressing the comments from
All Energy Solar. The motion failed 3-3 (Commissioners Bjorklund, Collins and Weber
opposed).
Commissioner Collins moved and Commissioner Bjorklund seconded a 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
with amendments to add the word “not” to Section A 4(b).
Commissioner Weber supported the Commission adding language to the motion for approval
directing staff to add the residential zoning districts within the TRC.
ARDEN HILLS PLANNING COMMISSION – October 4, 2023 10
Community Development Director Jagoe reported if this was the direction of the Planning
Commission, she indicated that the case should be tabled as there are other aspects of the TRC that
staff should review and to provide appropriate notice for the ordinance language that affects
another chapter of the zoning code.
The motion failed 3-3 (Commissioner Blilie, Commissioner Wicklund and Chair Vijums
opposed).
Chair Vijums moved and Commissioner Wicklund seconded a motion to table action on
Planning Case 23-018 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 to a future Planning Commission meeting requesting staff address visibility,
aesthetics, screening and the TRC zoning districts, as well as addressing the comments from
All Energy Solar. The motion passed 4-2 (Commissioners Bjorklund and Collins opposed).
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
explained the 23 homes have submitted requests with Just Deeds to help discharge the racial
covenants on their deeds. She encouraged the Commissioners to attend an open house on
Wednesday, November 1 for Rice Creek Commons from 6:00 p.m. to 8:00 p.m. at the Ramsey
County Public Works Building in the Marsden Room. She stated the Council would be meeting
with Representative Frethem, Representative Moller and Senator Marty regarding Lake Johanna
Boulevard on Monday, November 20 at a special worksession meeting. She explained the Primer
Tracer property was still being bid on. She reported the Council approved a preliminary levy of
12.55% for 2024. She indicated the Council would be holding a vision setting retreat in the first
quarter of 2024 and invited the Commission to consider projects the City Council should be
incorporating in the vision for 2024 and 2025.
B. Planning Commission Comments and Requests
None.
ADJOURN
Chair Vijums moved, seconded by Commissioner Wicklund, to adjourn the October 4, 2023,
Planning Commission Meeting at 8:29 p.m. The motion carried unanimously (6-0).
City of Arden Hills
Planning Commission Meeting for November 8, 2023
P:\Planning\Planning Cases\2023\PC 23-018, Wahlberg Solar Energy System – CA
Page 1 of 8
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. The proposed ordinance amendment would also
modify Section 1380 – TCAAP Redevelopment Code (“TRC”) to allow ground-mounted solar
energy systems as an accessory use with criteria within the Neighborhood 1 (“NR-1”),
Neighborhood 2 (“NR-2”), and Neighborhood 3 (“NR-3”) residential districts.
History of the Planning Case
In September 2023, 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.”
At the October 4, 2023 meeting of the Planning Commission, staff presented drafted language that
would allow for the accessory use of ground-mounted solar energy systems through an
administrative process in R-1, R-2, and R-3 zoning districts. The language also established
provisions for both roof- and ground-mounted solar energy systems. The Planning Commission
approved a motion to table the planning case with direction for staff to provide language for the
aesthetics, visibility, and screening of ground-mounted solar energy systems, incorporate the
residential districts that fall under the TRC, and consider the comments provided by All Energy
Solar during the October 4, 2023 public hearing.
PC Agenda Item – 3A
MEMORANDUM
DATE: November 8, 2023
TO: Planning Commission Chair and Commissioners
FROM: Elena Fransen, Senior Planner
SUBJECT: Planning Case # 23-018 – Public Hearing Required
Applicant: Donald Wahlberg
Request: Zoning Code Amendment - Ground-Mounted Solar Energy Systems in
R-1, R-2, R-3, NR-1, NR-2, and NR-3 Residential Districts
City of Arden Hills
Planning Commission Meeting for November 8, 2023
P:\Planning\Planning Cases\2023\PC 23-018, Wahlberg Solar Energy System – CA
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Requested Information
Aesthetics, Screening, and Visibility
The Planning Commission directed staff to investigate ordinance language to provide for the
aesthetics, screening, and visibility of ground-mounted solar energy systems. Staff reviewed the
ordinances of neighboring cities for language that could be incorporated to balance solar energy
system development with maintaining community character in residential zoning districts through
provisions for aesthetics, screening, and visibility.
Ten of the 17 communities originally surveyed permitted ground-mounted solar energy systems
in at least one residential zoning district. Five out of the ten solar ordinances referenced the
screening, visibility, or aesthetics of ground-mounted systems. One of the ten solar ordinances
referenced design standards for electrical lines accompanying a solar energy system. Below is
some of the language used in the solar ordinances of these communities.
- Mounds View - Ground-mounted SES [solar energy systems] shall be screened from view
to the extent possible without reducing their efficiency. Screening may include walls,
fences or landscaping.
- Falcon Heights and Roseville - Solar energy systems using roof-mounting devices or
ground-mount 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.
- St Anthony Village - The supporting framework for freestanding solar energy systems shall
not include unfinished lumber. Any lines accompanying a solar energy system, other than
those attached to on-site structures by leads, shall be buried within the interior of the subject
parcel, unless there are existing lines in the area which the lines accompanying a solar
energy system can be attached. The Zoning Administrator may grant exemptions to this
requirement in instances where shallow bedrock, water courses, or other elements of the
natural landscape interfere with the ability to bury lines.
- North Oaks (drafted ordinance under consideration) - Ground Mounted Solar Energy
Systems shall be designed to minimize visual impacts from the public right-of-way and
adjacent property. A mix of deciduous and evergreen trees and shrubs shall be provided to
buffer the panels from adjacent properties. Natural looking and effective screening is
desired, however, as part of the conditional use permit, the City may permit fences in
addition to or in lieu of landscaping to provide appropriate screening from adjacent public
rights-of-way and neighboring properties.
Zoning Code Section 1325.02 Accessory Uses Subd. 7(A)(3) of the proposed ordinance
amendment has been modified with language from the Mounds View ordinance. The updated
language establishes that ground-mounted solar energy systems shall not be visible from the right-
of-way and systems that would be visible to the right-of-way or immediately adjacent residential
properties shall require screening. The Planning Commission is asked to consider the drafted
provision for screening in the updated ordinance amendment and can suggest amendments if the
Commission determines additional or different standards should be added. The Planning
Commission may also wish to discuss a hybrid of ordinance language for visibility that would only
City of Arden Hills
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require screening of the back (rear) side for the ground-mounted solar panels that establishes
standards for reducing visibility of electrical wiring and/or mounting hardware.
TCAAP Redevelopment Code
The Planning Commission directed staff to determine how the provisions for roof- and ground-
mounted solar energy systems could be applicable to the residential zoning districts in the TRC.
Staff reviewed the TRC sections that mirror the Accessory Uses and Land Use Chart of Sections
1325.02 and 1305.01. Staff also considered possible inconsistencies between the Arden Hills Code
(“AHC”) sections and the TRC sections that might impact solar energy systems as an accessory
use for the NR-1, NR-2, and NR-3 residential zoning districts.
Upon review of the TRC, staff found code language in Subsection 6.1(h)(iii) of Section 1380 that
exempts roof-mounted solar energy systems from height limits in all TRC zoning districts “so long
as they do not extend more than fifteen feet above the roof upon which they are located.”
To maintain consistency in the residential development of solar energy systems across the city, the
proposed solar energy system ordinance language for the TRC residential zoning districts includes
an amendment to Subsection 6.1(h)(iii) of Section 1380 stating that solar energy systems in NR-
1, NR-2, and NR-3 are not exempt from the height limitations. The height for solar energy systems
in the TRC residential districts would be regulated by the provisions in Section 1325.03 Accessory
Uses Subd. 7 Solar Energy Systems as drafted in the proposed ordinance amendment.
Staff determined that the drafted ordinance language permitting solar energy systems as an
accessory use in R-1, R-2, and R-3 is compatible with the existing standards and regulations for
the NR-1, NR-2, and NR-3 residential districts in the TRC. The proposed ordinance amendments
would add solar energy systems to the TRC Schedule of Permitted Uses as an accessory use with
criteria for the NR-1, NR-2, and NR-3 zoning districts. A reference to the provisions proposed for
Section 1325.02 Accessory Uses would be added to Section 1380 5.2 Additional Use Criteria.
Comments from All Energy Solar
At the October 4, 2023 meeting of the Planning Commission, an All Energy Solar representative
provided public comment with regards to the drafted ordinance amendment. Comments included
suggestions to modify 1325.02 Accessory Uses Subd. 7(A)(3) - Visibility, to clarify Subd.
7(A)(3b) – Solar energy systems with mounting devices and the language stating that roof-
mounted systems shall be no higher than 12 inches above the roof, and to explain the Subd.
7(A)(4a) – Coverage provision that roof-mounted solar energy systems shall not cover more than
80 percent of a south-facing or flat roof.
The All Energy Solar representative asked if the ordinance language could establish that screening
of a solar energy system should not negatively impact its efficacy. In Subd. 7(A)(3) - Visibility,
staff has added the clause, “to the extent that doing so does not affect the cost or efficacy of the
system,” to the drafted ordinance amendment. This language was provided in the Minnesota Model
Solar Ordinance and is included in the ordinances of several neighboring communities. The
City of Arden Hills
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Planning Commission is invited to comment on this addition and offer any amendments deemed
necessary.
The first draft of Subd. 7(A)(3b) – Solar energy systems with mounting devices included a
regulation that roof-mounted systems shall be no higher than 12 inches above the roof. This
regulation in the drafted ordinance amendment aligns with other communities as a provision to
encourage the installation of flush-mounted solar energy systems. Based on information provided
All Energy Solar, non-flush roof-mounted solar energy systems, which are often installed on flat
roofs but can also be installed on pitched roofs to attain optimal sunlight, range from 13 inches to
4 feet above the roof surface.
The Minnesota Model Solar Ordinance includes language that roof-mount systems on flat roofs
visible from the nearest edge of the front right-of-way shall not be more than five feet above the
finished roof. In response to this information, language has been drafted to allow for height
flexibility for a flat-roof-mounted solar energy system of up to 5 feet above the roof surface,
subject to Zoning Administrator approval and the height requirements established in Subd. 7(A)(1)
– Height. The Planning Commission can review this language and provide comments on other
possible amendments.
Subd. 7(A)(4a) – Coverage was drafted based on the coverage requirements in the AHC and the
solar ordinance language of neighboring communities. The section includes the requirement that
a roof-mounted solar energy system should not take up more than 80 percent of a south-facing or
flat roof. Staff reviewed this provision and inferred that it is used by other cities to ensure ready
roof access in the event of a fire or other safety occurrence. The All Energy Solar had referenced
that roof access and load are regulated by the Building Code. As a follow-up, staff discussed the
80 percent regulation with the City Building Inspector and confirmed that the 2020 Minnesota
Building Code requirements for roof-mounted solar energy systems already account for roof
access as well as any weight load concerns.
The less than 80 percent coverage requirement has been removed from the drafted ordinance
amendment as the intent behind this regulation has been verified as part of the building permit
application review process. The Building Inspector would verify a roof-mounted solar energy
system meets the safety access and weight requirements of the Minnesota Building Code before
issuing a building permit for a roof-mounted solar energy system. The drafted ordinance language
has been modified to reference the roof coverage requirements of the Building Code. Attachment
D provides an overview of the 2020 Minnesota Building Code requirements for roof-mounted
solar energy systems. The Planning Commission may consider the drafted language and propose
amendments.
Zoning Code Text Amendments
To allow ground-mounted solar energy systems as a land use in the R-1, R-2, R-3, NR-1, NR-2,
and NR-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
City of Arden Hills
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proposed solar energy system within the R-1, R-2, and R-3 zoning districts and the NR-1, NR-2,
and NR-3 zoning districts would apply for administrative review and approval through the building
and electric permit process as drafted in the proposed ordinance amendments.
Staff has prepared text amendments based on the Applicant’s narrative, the Minnesota Solar Model
Ordinance, ordinances of neighboring communities, and the comments from All Energy Solar for
“Solar Energy System” language within Sections 1320.05 Land Use Chart, 1325.02 Accessory
Uses, 1328 5.0 Schedule of Permitted Uses, and 1328 5.2 Additional Use Criteria. Amendments
were also made to Section 1380 6.1 General to All Zoning Districts to address solar energy system
heights in residential zoning districts. The entire redlined versions of the proposed text
amendments for Planning Commission consideration are included as Attachment E, F, G and H.
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.
1. Establish that review will include consideration for screening and
aesthetics.
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.
3) Amend Section 1380 5.1 Schedule of Uses
a. Add Solar Energy System as an Accessory Use with Criteria under the NR-1, NR-
2, and NR-3 Districts.
4) Amend Section 1380 Section 5.2 Additional Use Criteria
a. Create an Accessory Use with Criteria for Solar Energy Systems that states Solar
Energy Systems shall conform to the provisions included in Section 1325.03, Subd.
7 of the AHC.
5) Amend Section 1380 Section 6.1 General to All Zoning Districts
City of Arden Hills
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a. Add a sentence stating that solar energy systems in the NR-1, NR-2, and NR-3
zoning districts are not exempt from zoning district height limits.
Additional Review
Building Official
The Building Official has reviewed the special provisions for solar energy systems and has no
additional comments at this time.
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. The City is proposing to amend Section 1325.03 – Exceptions to the Minimum
Requirements for All Districts to make solar energy systems not exempt from height
limitations regulated by zoning district.
6. The City is proposing an amendment to alter the Schedule of Permitted Uses Chart in
Section 1380 5.0 and 5.2 of the TCAAP Redevelopment Code to allow a Solar Energy
System as an Accessory Use with Criteria in the NR-1, NR-2, and NR-3 Residential
Districts.
7. The City is proposing to amend Section 1380 6.1 – General to All Zoning Districts to
state that solar energy systems in NR-1, NR-2, and NR-3 are not exempt from height
limitations regulated by zoning district.
8. 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.
9. 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.
10. 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.
City of Arden Hills
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11. Amendments to the Zoning Code regulations require a public hearing prior to action by
the City Council.
12. 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 and the NR-1, NR-2, and NR-3 Residential Districts.
13. The Planning Commission considered this land use application on October 4, 2023 and
tabled the application with direction for staff to revise the drafted ordinance language.
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 and NR-
1, NR-2, and NR-3 Residential Districts, based on the findings of fact and the submitted
materials.
• 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 and NR-1, NR-2, and NR-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 and NR-1, NR-
2, and NR-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 and NR-1, NR-2, and NR-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 October 28, 2023. As of November 1, the City has not received any public comments
regarding this case.
City of Arden Hills
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Deadline for Agency 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), 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. On October 6, 2023, the City provided the Applicant with written notification extending
the review period to January 11, 2024 (120 days) based on the Planning Commission’s direction
to table the planning application and for review by the Planning Commission and City Council
during the November meeting cycle. The Applicant confirmed receipt of the extended review
period on October 6, 2023.
Attachments
A) Land Use Application
B) Written Narrative
C) MN Solar Model Ordinance
D) MN Building Code Solar Fact Sheet
E) Draft Amendment Land Use Chart
F) Draft Amendment Accessory Uses
G) Draft Amendment Schedule of Permitted Uses and Additional Use Criteria
H) Draft Amendment Building and Site Development Standards
I) October 4, 2023 PC Memo
Minnesota Solar Model
Ordinance
Prepared by Great Plains Institute with support from Sunshot and the Energy Foundation
Photo by Katharine Chute
Minnesota Model Solar Ordinance 2
Model Solar Ordinance – Minnesota
Introduction
Minnesota’s solar energy resources are high quality and cost effective—as good as many states to our south
and 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:
1. 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.
Model Solar Energy Standards
This ordinance is based on the model
solar energy ordinance originally
created for Solar Minnesota, under
a Million Solar Roofs grant from the
U.S. Department of Energy. It has been
substantially updated several times to
reflect address additional issues and
opportunities for Minnesota communities
and the evolving solar industry, last
updated May 2020
Minnesota Model Solar Ordinance 3
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.
Solar development is not one thing
Communities would not apply the same
development and land use standards
to an industrial facility and a single
family home, merely because both are
buildings. Community and large-scale
solar development is a completely
different land use than rooftop or
backyard solar. Standards that are
appropriate for large-scale solar may
well be wholly inappropriate for rooftop
solar and may unnecessarily restrict or
stymie solar development opportunities
of homes and business owners.
Minnesota Model Solar Ordinance 4
Model Ordinance
I. 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.
2. 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.
E. Improve Competitive Markets - Solar energy systems offer
additional energy choice to consumers and will improve competition in the electricity and natural gas
supply market.
Comprehensive Plan Goals
Tying the solar energy ordinance to
Comprehensive Plan goals is particularly
important for helping users (both Planning
Commission and community members)
understand why the community is developing
and administering regulation.
The language here provides examples of
different types of Comprehensive Plan goals,
and other policy goals that the community
may have that are served by enabling
and encouraging solar development. The
community should substitute its policy goals
for these examples.
If the Comprehensive Plan does not include
goals supporting local solar development),
the community should consider creating a
local energy plan or similar policy document
to provide a policy foundation for solar
development regulation (as noted in II.B) .
Metropolitan Land Planning Act
Minnesota local governments subject to
the Metropolitan Land Planning Act are
required in their comprehensive plans to
plan for the protection and development
of solar resources. Communities must then
incorporate Plan goals in their local controls.
This ordinance implements that required
Comprehensive Plan element.
Minnesota Model Solar Ordinance 5
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.
Differentiating Solar Uses by Size
Community-scale and Large-scale systems
are defined here as occupying less than 20
acres and greater than 20 acres respectively.
Some communities will use a lower number
(ten acres) and some a higher number (up
to 50 acres). An ex-urban city would use a
lower number and a rural county could use a
higher number. Community-scale is generally
a size that can fit into the land use fabric of
the community without assembly of separate
parcels. Some communities have chosen not
to distinguish between community- and large-
scale, but use a single large-scale designation.
Solar Definitions
Not all these terms are used in this model
ordinance, nor is this a complete list of solar
definitions. As a community develops its own
development standards for solar technology,
many of the concepts defined here may be
helpful in meeting local goals. For instance,
solar daylighting devices may change the
exterior appearance of the building, and
the community may choose to distinguish
between these devices and other architectural
changes.
Minnesota Model Solar Ordinance 6
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.
Solar Resource
Understanding what defines a “solar
resource” is foundational to how land use
regulation affects solar development. Solar
energy resources are not simply where
sunlight falls. A solar resource has minimum
spatial and temporal characteristics, and
needs to be considered not only today but
also into the future. Solar energy systems are
economic only if the annual solar resource
(measured in annual watts per square meter)
are sufficiently high to justify the cost of
installation. The resource is affected by the
amount of annual shading, orientation of the
panel, and typical atmospheric conditions.
Solar resources on a particular site can be
mapped and quantified, similar to quantifying
other site resources that enhance property
value; mineral resources, prime soils for
agriculture, water, timber, habitat.
Minnesota Model Solar Ordinance 7
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.
2. 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.
Height - Rooftop System
This ordinance notes exceptions to the height
standard when other exceptions for rooftop
equipment are granted in the ordinance.
Communities should directly reference the
exception language rather than use the
placeholder language here.
Height - Ground or Pole Mounted System
This ordinance sets a 15-foot height limit,
which is typical for residential accessory uses.
Some communities allow solar to be higher
than other accessory uses in order to enable
capture of the lot’s solar resource when
lots and buildings are closer together. An
alternative is to balance height with setback,
allowing taller systems if set back farther– for
instance, an extra foot of height for every
extra two feet of setback. In rural (or large
lot) areas, solar resources are unlikely to be
constrained by trees or buildings on adjacent
lots and the lot is likely to have adequate solar
resource for a lower (10-15 foot) ground-
mount application.
Visibility and Aesthetics
Aesthetic regulation should be tied to design
principles rather than targeted at a specific
land use. If the community already regulates
aesthetics in residential districts, this model
language provides guidance for balancing
between interests of property owners who
want to use their on-site solar resources and
neighbors concerned with neighborhood
character. Substantial evidence demonstrates
that solar installations have no effect on
property values of adjacent properties. But
where aesthetic regulation is used to protect
community character, these standards provide
balance between competing goals.
Minnesota Model Solar Ordinance 8
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.
2. 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.
3. 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.
1. 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.
2. Ground-mounted systems shall not count toward accessory
structure limitations.
3. Solar carports in non-residential districts ar exempt from lot
coverage limitations.
E. 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.
Building Integrated PV
Building integrated solar energy systems can
include solar energy systems built into roofing
(existing technology includes both solar
shingles and solar roofing tiles), into awnings,
skylights, and walls.
Roof-Mounted Solar Energy Systems
This ordinance sets a threshold for pitched
roof installations that they not be steeper
than the finished roof pitch. Mounted
systems steeper than the finished roof pitch
change the appearance of the roof, and
create additional considerations in regard
to the wind and drift load on structural roof
components. If the aesthetic impacts are not
a concern to the community, the structural
issues can be addressed in the building permit,
as described in this Toolkit.
Reflectors
Unlike a solar collector, reflector systems
do create a potential glare nuisance. While
reflector systems are unusual, communities
may want to include this reference as a
precaution.
Impervious Surface Coverage
Rather than consider the solar panel for a
ground-mount system as a roof, this provision
recognizes that the ground under the panel
can mitigate stormwater risks if it is kept in
vegetation so that rain water can infiltrate.
Any effects are deminimus for a small array if
the lot is otherwise within coverage ratios.
Roof Coverage
National Fire Code standards recommend
keeping solar arrays well away from roof
edges and peak in order to enable some fire
fighting access. Different fire departments
have addressed this in different ways.
Recommendations for solar friendly
permitting that accommodate Fire Code
recommendations can be found in the Solar
America Board of Codes and Standards.
Plan Approval
This process is generally part of the process
for obtaining a building permit. If the
community does not issue building permits,
it can be tied to a land use permit instead.
For rural areas or cities without standards for
rooftop systems, the plan approval section
may be eliminated.
Minnesota Model Solar Ordinance 9
1. 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.
2. 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 10
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.
5. 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.
Screening
The community should consider limiting
screening of community- or large-scale solar
to where there is a visual impact from an
existing use, such as adjacent residential
districts or uses. Solar energy systems may
not need to be screened from adjacent lots
if those lots are in agricultural use, are non-
residential, or have low-intensity commercial
use.
Community-Scale Solar or Solar Gardens
Community solar systems differ from rooftop
or solar farm installations primarily in
regards to system ownership and disposition
of the electricity generated, rather than
land use considerations. There is, however,
a somewhat greater community interest
in community solar, and thus communities
should consider creating a separate land use
category.
This language limits the size of the garden to
ten acres, which is an installation of no more
than one MW of solar capacity. Communities
should tailor this size limit to community
standards, which may be smaller or larger.
Appropriate Setbacks
The community should consider balancing
set-back requirements and screening
requirements for principal use solar. Since the
primary impact to neighbors of large-scale
solar is visual, screening becomes less useful,
as the setbacks get larger (and vice versa).
The setback distances provided here are
general examples that should be modified to
be consistent with other setbacks already in
the ordinance. Excessive setbacks that are
unique to solar land uses, or that are similar
to high nuisance land uses such as industrial
uses or animal agriculture, are unjustified
given the low level of risk or nuisance posed
by the system.
Minnesota Model Solar Ordinance 11
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.
Ground Cover Standards
Minnesota has created a “beneficial habitat”
certification, administered by the Board of Soil
and Water Resources (BWSR) to enable local
governments and solar developers to certify
principal use solar as having achieved the co-
benefits of using the site as pollinator habitat.
Establishing and maintaining native ground
cover creates important co-benefits to the
community or the property owner. Native
grasses can be harvested for forage and
wildflowers and blooming plants can create
pollinator and bird habitat, and maintaining
the site in native vegetation will build soils
that can be turned back into agriculture at the
end of the solar farm’s life.
Site Design in Conditional Use Permit
Certain site design elements may be included
in a community’s conditional use permit
for community- and large-scale solar. Best
practices for habitat-friendly solar site design
include, for instance, that:
• panels be at least 36 inches off the ground
to allow mowing and other maintenance,
• panels be spaced to allow vegetation to be
self-sustaining,
• maintenance standards limit or prevent
pesticide use.
Financial Surety
Communities frequently require bonds
or similar financial guarantees when
infrastructure improvements are required for
a development project. The beneficial habitat
installation can be considered in a similar
light. Establishing a self-sustaining pollinator
or native habitat ground cover requires
maintenance over the first 2-3 years, and
some maintenance over the life of the project.
Minnesota Model Solar Ordinance 12
2. 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.
Site Plan
Solar farm developers should provide a
site plan similar to that required by the
community for any other development. Refer
to your existing ordinance to guide site plan
submittal requirements.
Stormwater and Water Quality Standards
Perennial grasses and wildflowers planted
under the panels, between arrays, and in
setback or buffer areas will substantially
mitigate the stormwater risks associated with
solar arrays, and result in less runoff than
typically seen from many types of agriculture.
The ground cover standards in Section A.3.
will mitigate many stormwater risks, although
soil type and slope can still affect the need for
additional stormwater mitigation.
Solar with native perennial ground cover
can provide multiple water quality benefits
when converting from most agricultural crop
uses. Both groundwater (limiting nitrate
contamination) and surface waters (reducing
phosphorus and sediment loading) can benefit
if the system is appropriately designed.
Aviation Standards, Glare
This standard was developed for the FAA
for solar installations on airport grounds. It
can also be used for solar farm and garden
development in areas adjacent to airports.
This standard is not appropriate for areas
where reflected light is not a safety concern.
Agricultural Protection
If the community has ordinances that protect
agricultural soils, this provision applies
those same standards to solar development.
Communities should understand, however,
that solar farms do not pose the same level or
type of risk to agricultural practices as does
housing or commercial development. Solar
farms can be considered an interim use that
can be easily turned back to agriculture at the
end of the solar farm’s life (usually 25 years.)
Minnesota Model Solar Ordinance 13
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.
Prime Farmland and Agrivoltaics
Minnesota Admin. 7850.4400 Subd. 4
has provisions for the protection of prime
farmland when large electric power
generating plants are located on lands
designated as prime farmland.
There are a number of mitigation
opportunities for solar sited on prime
farmland, such as co-locating agricultural uses
within solar arrays (also called agrivoltaics).
Groundcover that includes pollinator-
friendly plantings may enhance surrounding
agricultural opportunities, or in the case
of protecting drinking water or wellhead
protection areas as described below.
Defining Community-Scale Solar
The acreage size for community-scale solar
garden written here (10 acres) is the high end
of project size for a one megawatt system,
which is the maximum size of community
solar gardens within Xcel Energy’s program.
But other utilities have other size limitations,
and community-scale could be defined as
high as 10 megawatts (100 acre project size).
Community-scale solar is the size that can fit
in to the landscape.
Drinking Water Protection
In identifying preferred sites for solar
principal uses the community should consider
co-benefits of solar energy development.
One such potential co-benefit is protection
of drinking water supplies. Solar energy
development may be intentionally sited within
vulnerable portions of Drinking Water Supply
Management Areas (DWSMAs)as a best
management practice to restore and protect
native perennial groundcover that reduces
nitrate contamination of ground water
supplies.
Minnesota Model Solar Ordinance 14
C. Large-Scale Solar - Ground-mount solar energy arrays that are the
primary use on the lot, designed for providing energy to off-site uses
or export to the wholesale market, are permitted under the following
standards:
1. Conditional use permit – Solar farms are conditional uses in
agricultural districts, industrial districts, shoreland and floodplain
overlay districts, airport safety zones subject to A.1.5. of this
ordinance, and in the landfill/brownfield overlay district for sites
that have completed remediation.
Example Use Table
Use Type Residential Mixed
Use Business Industrial Agricultural,
Rural, Landfill Shoreland Floodplain
Special
(Conserva-
tion, Histor-
ic Districts)
Large-scale
solar
C C C C C
Communi-
ty-scale solar
C C C P P PS PS PS
Accessory use
ground-mount-
ed solar
P P P P P P C C
Rooftop solar P P P P P P P PS
P = Permitted
PS = Permitted Special (additional separate permit or review)
C = Conditional
Blank Cell = Prohibited
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.
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.
Minnesota Model Solar Ordinance 15
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.
Solar Easements
Minnesota allows the purchase and holding
of easements protecting access to solar and
wind energy. The easement must specify the
following information:
Required Contents - Any deed, will, or other
instrument that creates a solar or wind
easement shall include, but the contents are
not limited to:
(a) A description of the real property subject
to the easement and a description of the real
property benefiting from the solar or wind
easement; and
(b) For solar easements, a description of the
vertical and horizontal angles, expressed
in degrees and measured from the site
of the solar energy system, at which the
solar easement extends over the real
property subject to the easement, or any
other description which defines the three
dimensional space, or the place and times of
day in which an obstruction to direct sunlight
is prohibited or limited;
(more provisions, see Statute)
Source: Minnesota Stat. 500.30 Subd. 3.
Minnesota Model Solar Ordinance 16
VIII. 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.
B. 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.
B. 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.
Renewable Energy Conditions, Incentives
The community can use traditional
development tools such as conditional use
permits, PUDs, or other discretionary permits
to encourage private investment in solar
energy systems as part of new development
or redevelopment. This model ordinance
notes these opportunities for consideration by
local governments. In most cases, additional
ordinance language would need to be tailored
to the community’s ordinances.
For instance, a provision that PUDs (or
other special district or flexible design
standard) incorporate solar energy should
be incorporated into the community’s PUD
ordinance rather than being a provision of the
solar standards.
Conditional use permits generally include
conditions, and those conditions can include
renewable energy or zero net energy design,
but only if the conditions are clearly given
preference in adopted policy or plans. Explicit
reference to climate or energy independence
goals in the ordinance and explicit preference
for such conditions will set a foundation for
including such conditions in the permit.
Solar Roof Incentives
This section of the model ordinance includes
a series of incentives that can be incorporated
into development regulation. Most cities and
many counties use incentives to encourage
public amenities or preferred design. These
same tools and incentives can be used to
encourage private investment in solar energy.
Communities should use incentives that
are already offered, and simply extend that
incentive to appropriate solar development.
Some of the incentives noted here are not
zoning incentives, but fit more readily into
incentive programs offered by the community
(such as financing or incentive-based design
standards).
Minnesota Model Solar Ordinance 17
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.
2. 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.
3. Additional Fees Waived - Model Community will waive any
additional fees for filing of the covenant.
Solar Ready Buildings
New buildings can be built “solar-ready” at
very low cost (in some cases the marginal
cost is zero). Solar energy installation costs
continue to decline in both real and absolute
terms, and are already competitive with retail
electric costs in many areas. If new buildings
have a rooftop solar resource, it is likely that
someone will want to put a solar energy
system on the building in the future. A solar
ready building greatly reduces the installation
cost, both in terms of reducing labor costs of
retrofits and by “pre-approving” most of the
installation relative to building codes.
A community’s housing and building stock is a
form of infrastructure that, although built by
the private sector, remains in the community
when the homeowner or business leaves
the community. Encouraging solar-ready
construction ensures that current and future
owners can take economic advantage of their
solar resource when doing so makes the most
sense for them.
Solar Access Subdivision Design
Some communities will require solar
orientation in the subdivision ordinance, such
as requiring an east-west street orientation
within 20 degrees in order to maximize lot
exposure to solar resources. However, many
such requirements are difficult to meet due
to site constraints or inconsistency with other
requirements (such as connectivity with
surrounding street networks). Rather than
simply grant a variance, the community can
add a condition that lots with good solar
access actually be developed as solar homes.
Photo credit: Equisolar Solar Company
Minnesota Department of Labor and Industry
SOLAR PHOTOVOLTAIC SYSTEMS
AND THE 2020 MN RESIDENTIAL CODE
Where and when are the International Residential Code (IRC) requirements for residential solar energy
systems?
Section R324 of the 2020 Minnesota Residential Code includes new provisions for the design and installation of solar
photovoltaic (PV) systems. Effective March 31, 2020, solar PV
systems must be designed and installed in accordance with
Section R324, NFPA 70, and the manufacturer’s installation
instructions. Panels must be tested and listed in accordance
with UL 1703 or UL 61730.
Are permits required to install solar PV systems?
A building permit is required for all solar PV installations
where the State Building Code is enforced by a municipality.
All PV installations must comply with the State Building
Code, which includes the Minnesota Residential Code.
Electrical permits are also required for solar PV systems.
Is a structural engineer required to design the roof
support of roof-mounted solar PV systems?
Roof-mounted solar PV systems add weight and snow-
drift loads to the roof. For wood-framed buildings, structural
compliance with the additional weight of the solar PV system can be determined using the standardized load tables
developed by the Minnesota Department of Labor and Industry and Minnesota Department of Commerce (see
http://mn.gov/commerce-stat/pdfs/standardized-load-table-report.pdf). If the roof structure is not listed in the load
table, a structural engineer must certify the design.
Are setbacks from property lines regulated by the 2020 Minnesota Residential Code?
The Minnesota Residential Code does not address minimum property line setback requirements for PV systems. Solar
PV system installations may be regulated by local zoning ordinances for property line setbacks and locations on the
building.
Which residential solar PV system installations need to comply with Section R324 of the 2020 Minnesota
Residential Code?
The 2020 Minnesota Residential Code regulates solar PV systems on buildings classified as IRC-1 (one-family), IRC-2
(two-family), IRC-3 (townhouses) and IRC-4 (accessory structures). The 2020 Minnesota Building Code Section 3111
regulates solar PV systems installed on all other buildings (not classified as IRC-1, IRC-2, IRC-3, or IRC-4), structures
and appurtenances connected or attached to them.
How are ground-mounted solar PV systems regulated?
Ground-mounted installations accessory to IRC-1, IRC-2, or IRC-3 buildings are classified as IRC-4 and are designed
and installed in accordance with 2020 Minnesota Residential Code, Section R301.
What are some of the new provisions in Section R324 of the 2020 Minnesota Residential Code?
Roof-mounted solar PV systems must allow for roof access, including access pathways from the lowest roof edge to
the ridge and setbacks at the ridge. Access to the ridge is necessary for smoke ventilation in the event of a fire.
CONSTRUCTION CODES AND LICENSING
Required access and pathways: •At least two pathways (one on street/driveway side, one on each PV array plane). •Pathways must be at least 36 inches wide and lead from roof edge to ridge. •Pathway structure must support fire fighters. •No overhead powerlines, minimal obstructions (vent pipes or mechanical equipment, etc).
Required roof edge to ridge access: •At least two pathways at least 36 inches in width from roof
edge to ridge (one must be street/driveway side). •On same roof plane as PV array, on adjacent roof plane, or
straddling the same and adjacent roof plane.
Required setback at ridge: •Setbacks on each side of ridge are based on “plan view total
roof area” (the roof as seen from above). •PV arrays less than 33% of plan view total roof area require
18-inch minimum setbacks on each side of ridge. •PV arrays greater than 33% of plan view total roof area
require 36-inch minimum setbacks on each side of ridge.
Alternate setback at ridge (buildings equipped with automatic
fire sprinkler system): •PV arrays less than 66% of plan view total roof area require
18-inch minimum setbacks on each side of ridge. •PV arrays greater than 66% of plan view total roof area require 36-inch minimum setbacks on each side of ridge.
Emergency escape and rescue openings: •PV panels or modules cannot be placed below an emergency escape or rescue opening location. •A pathway of at least 36 inches to the emergency escape and rescue opening from the roof edge must be provided.
Are there exceptions to the roof access and pathway requirements?
The 2020 Minnesota Residential Code has three exceptions: •Detached, nonhabitable structures such as: detached garages, carports, parking shade structures and solar trellises
do not require roof access or access pathways on the roof. Detached structures with habitable attic space, finished
or unfinished and a ceiling height of seven feet or greater must provide roof access, pathways and ridge setbacks. •Roofs with a slope of two units vertical in 12 units horizontal (17%) or less do not require roof access or access
pathways. •Roof access is not required where the code official, with input from the fire code official, determines that rooftop
operations will not be used in the event of a fire.
How are access pathways, ridge setbacks, total roof areas, and solar array areas measured?
Pathways, setbacks and total roof and solar array areas are measured in plan view. Pathways and setbacks are measured
horizontally as in plan view so that a person standing vertically will have at least 36 inches of clear width.
Web: www.dli.mn.gov
Phone: 651-284-5012 or 1-800-657-3944
Revised February 2022
1320.05 Land Use
Chart.(revised XX/XX/XX)
1 of 2
Zoning Districts:
Uses: R- 1 R- 2 R- 3 R- 4 NB B- 1 B- 2 B- 3 B- 4 CC GB I-1 I-2 I-FLEX CD POS INST
Antenna, Dish or Tower CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA
Boarding house C C C C == == == == == C == == == == == == ==
Brewpub == == == == == == 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 == == == == P P P 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 park == == 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 == == ==
1320.05 Land Use
Chart.(revised XX/XX/XX)
2 of 2
Zoning Districts:
Uses: R- 1 R- 2 R- 3 R- 4 NB B- 1 B- 2 B- 3 B- 4 CC GB I-1 I-2 I-FLEX CD POS INST
Mortuary, funeral home == == == == == == P P == C == == == == == == ==
Multiple occupancy building == == == == C 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 == == ==
Pawn shop == == == == == == == == == == == == == == == 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 C C == == == == == C == == == == == == ==
School, specialized education == == == == == C C C C C == == == == == == ==
Service station == == == == == == C C == == C C C == == == ==
Solar Energy System A A A == == == == == == == == == == == 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
"D" = Planned Unit
"I" = Interim Use Permit
"P" = Permitted
"==" = Not Permitted
1325.02 Accessory Uses
1
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.
1325.02 Accessory Uses
2
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.
1325.02 Accessory Uses
3
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..
1325.02 Accessory Uses
4
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 not 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 to the extent that doing so does not affect the cost or efficacy of the system. 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. i. Roof-mounted systems on pitched roofs 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
1325.02 Accessory Uses
5
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. ii. Roof-mounted systems on flat roofs that are visible from the nearest edge of the street frontage right-of-way shall be no higher than five feet above the finished roof. iii. Ground-mounted solar energy systems shall not be visible from the nearest edge of the right-of-way. Proposed systems that would be visible from the nearest edge of the street frontage right-of-way or immediately adjacent residential properties shall be screened to the extent possible without reducing their efficiency. Screening may include walls, fences or landscaping. 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 be subject to the Building Code to ensure the system meets the wind load standards for the roof and to ensure ready roof access in the event of a fire or other safety occurrence whereby roof access is needed. 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. If the soil under the panel array(s) contains vegetative ground cover, the Zoning Administrator may consider allowing additional impervious coverage. 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 zoning 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.
1325.02 Accessory Uses
6
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.
Approved July 13, 2015
Revised December 12, 2016
Amended XXX
TCAAP Redevelopment Code
Page | 30 Section 5: Schedule of Permitted Uses
5.0 Schedule of Permitted Uses
5.1 Applicability: General use categories have been identified by Zoning District (Table 5-1).
Uses that are not listed are prohibited. Uses that are allowed as accessory uses may only
remain in conjunction with an active principal use.
Table 5-1: TRC Zoning District Land Use Table
P = Permitted | -- = Prohibited | P/C = Permitted with Criteria in Table 5.2
A = Accessory | A/C = Accessory with Criteria in Table 5.2
Zoning
District
Uses Campus Commercial Town Center 1 Town Center 2 Town Center 3 Office Mixed-Use Retail Mixed-Use Flex Office Neighborhood 1 Neighborhood 2 Neighborhood 3 Neighborhood 4 Civic
Additional
Requirements
Sub-District TC-1 TC-2 TC-3 NR-
1
NR-
2
NR-
3
NR-
4
Residential Uses
Bed &
Breakfast -- P P P -- -- -- P/C P/C P/C P/C -- See Table 5-2
Home
Occupation:
Class I
--
A
A
A
--
--
--
A
A
A
A
--
Large Multi-
Family -- P/C P/C P/C -- -- -- -- -- -- -- -- See Table 5-2
Live/Work -- P P P -- -- -- -- -- -- -- --
Medium Multi-
Family -- P/C P/C P/C -- -- -- -- -- -- -- -- See Table 5-2
Assisted
Living,
Memory Care
and Skilled
Nursing
--
--
--
P/C
--
--
--
--
--
--
P/C
--
See Table 5-2
Residential
Facility -- P/C P/C P/C -- -- -- P/C P/C P/C P/C -- See Table 5-2
Senior
Independent
Living
--
--
P/C
P/C
--
--
--
--
P/C
P/C
P/C
--
See Table 5-2
Single Family -- -- -- -- -- -- -- P P P -- --
Small Lot SF
Residential -- -- -- -- -- -- -- -- P P -- --
Small Multi-
Family -- -- -- -- -- -- -- -- -- P/C P/C -- See Table 5-2
Solar Energy
Systems -- -- -- -- -- -- -- P/C P/C P/C See Table 5-2
Commercial Uses
Automotive
Washing
-- -- -- -- P/C P/C P/C -- -- See Table 5-2
Brewpub P P P P P P P -- --
Business
service P P P P P P P -- --
Clinic, medical
office P P P P P P P -- --
Club, sports &
fitness A P P P P P P -- --
Approved July 13, 2015
Revised December 12, 2016
Amended XXX
TCAAP Redevelopment Code
Page | 31 Section 5: Schedule of Permitted Uses
Table 5-1: TRC Zoning District Land Use Table
P = Permitted | -- = Prohibited | P/C = Permitted with Criteria in Table 5.2
A = Accessory | A/C = Accessory with Criteria in Table 5.2
Zoning
District
Uses Campus Commercial Town Center 1 Town Center 2 Town Center 3 Office Mixed-Use Retail Mixed-Use Flex Office Neighborhood 1 Neighborhood 2 Neighborhood 3 Neighborhood 4 Civic
Additional
Requirements
Sub-District TC-1 TC-2 TC-3 NR-
1
NR-
2
NR-
3
NR-
4
Cocktail
Lounge P P P P P P -- -- --
Commercial
Off-Street
Parking
P/C*
P/C*
P/C*
P/C*
P/C*
P/C*
P/C*
--
--
* Permitted as
an accessory
use with a
primary
building only
Commercial
recreation -
indoor
P
--
--
--
--
--
P
--
--
Daycare
Facility P P P P P P P -- --
Daycare,
family - 10 or
less
P
P
P
P
P
P
--
--
Dog kennel
--
--
--
--
--
--
P*
--
--
* Completely
enclosed; no
outside runs
Drive-Up
Windows P/C -- -- -- P/C P/C P/C -- -- See Table 5-2
Dry cleaning
& laundry,
pick-up
station
P
P
P
P
--
P
--
--
--
Dry cleaning
& laundry,
self-service
laundry
P
P
P
P
--
P
--
--
--
Financial
Institution &
service
P
P
P
P
P
P
P
--
--
Food
Preparation P P P P P P P -- --
Hotel/ motel P P P P P P P -- --
Liquor Store P P P P -- P -- -- --
Microbrewery P P P P -- P P -- --
Microdistillery P P P P -- P P -- --
Mortuary,
funeral home -- -- -- -- -- -- P/C -- -- See Table 5-2
Office P P P P P P P -- --
Personal
services P P P P P P P -- --
Pet Services P P P P P P P -- --
Approved July 13, 2015
Revised December 12, 2016
Amended XXX
TCAAP Redevelopment Code
Page | 32 Section 5: Schedule of Permitted Uses
Table 5-1: TRC Zoning District Land Use Table
P = Permitted | -- = Prohibited | P/C = Permitted with Criteria in Table 5.2
A = Accessory | A/C = Accessory with Criteria in Table 5.2
Zoning
District
Uses Campus Commercial Town Center 1 Town Center 2 Town Center 3 Office Mixed-Use Retail Mixed-Use Flex Office Neighborhood 1 Neighborhood 2 Neighborhood 3 Neighborhood 4 Civic
Additional
Requirements
Sub-District TC-1 TC-2 TC-3 NR-
1
NR-
2
NR-
3
NR-
4
Research and
development
facility
P
--
--
--
P
--
P
--
--
Restaurant
and
restaurant
fast-food
P/C
P/C
P/C
P/C
P/C
P/C
P/C
--
--
See Table 5-2
Retail sales &
service P P P P P/C P P -- -- See Table 5-2
Service
Station A/C -- -- -- -- P/C P/C -- -- See Table 5-2
Storage,
exterior -- -- -- -- -- -- -- -- --
Studio P P P P -- P P -- --
Theater,
indoor P -- -- P -- -- -- -- --
Vehicle –
motorized,
leasing and
rentals
--
--
--
--
P/C
--
P/C
--
--
See Table 5-2
Vehicle –
motorized,
service
--
--
--
--
P/C
P/C
P/C
--
--
See Table 5-2
Civic Uses
Antenna or
Tower P/C P/C P/C P/C P/C P/C P/C -- A/C See Table 5-2
Club or lodge
(non-profit) -- P P P P P P -- --
Community
Center -- P P P -- -- -- -- P
House of
worship -- P P P P P P -- --
Library -- P P P P P P P P
Municipal
Building -- P P P P P P -- P
Park Facilities
(Public) P P P P P P P P P
School,
general
education
--
P
P
P
--
--
--
P
--
School,
specialized
education
--
P
P
P
P
P
--
--
--
Approved July 13, 2015
Revised December 12, 2016
Amended XXX
TCAAP Redevelopment Code
Page | 33 Section 5: Schedule of Permitted Uses
Table 5-1: TRC Zoning District Land Use Table
P = Permitted | -- = Prohibited | P/C = Permitted with Criteria in Table 5.2
A = Accessory | A/C = Accessory with Criteria in Table 5.2
Zoning
District
Uses Campus Commercial Town Center 1 Town Center 2 Town Center 3 Office Mixed-Use Retail Mixed-Use Flex Office Neighborhood 1 Neighborhood 2 Neighborhood 3 Neighborhood 4 Civic
Additional
Requirements
Sub-District TC-1 TC-2 TC-3 NR-
1
NR-
2
NR-
3
NR-
4
Theater,
performing
arts center
--
P
P
P
--
--
--
--
P
Industrial Uses
Garage,
Truck -- -- -- -- -- -- -- -- --
Manufacturing
& processing:
Class I
P/C
--
--
--
--
--
P/C
--
--
Warehousing
permitted as an
accessory use
Manufacturing
& processing:
Class II
--
--
--
--
--
--
--
--
--
Utility
Substation
P*
--
--
--
--
--
P*
--
--
*Equipment
shall be
screened to not
be seen from
any public right
of way and
shall not be
placed in the
front of any
parcel
Warehousing A/C -- -- -- -- -- A/C -- --
Other Uses
Adult-
Oriented
Businesses
--
--
--
--
--
--
--
--
--
Approved July 13, 2015
Revised December 12, 2016
Amended XXX
TCAAP Redevelopment Code
Page | 34 Section 5: Schedule of Permitted Uses
5.2 Additional Use Criteria: All uses listed as P/C in Table 5-1 shall also meet the following standards in
Table 5-2.
Table 5-2 Additional Use Criteria Table
Use Zoning District Location & Design Criteria
Residential Uses
Bed & Breakfast Neighborhood No more than six(6) rentable rooms permitted. Shall be owner-occupied.
Parking shall be placed behind the building, or screened from view of the
public right-of-way.
Assisted Living, Memory Care or
Skilled Nursing
Large Multi-Family
Medium Multi-Family
Senior Independent Living
Town Center
Buildings with Pedestrian Priority or Pedestrian Friendly Frontage shall be
required to include ground floor commercial uses for a minimum of fifty
percent (50%) of their street frontage as measured in linear feet.
Assisted Living, Memory Care or
Skilled Nursing
Senior Independent Living
Neighborhood
i. Homes shall be designed as either a collective of single-family or
duplex homes to fit the scale of the surrounding development.
ii. These homes may also be mixed with mixed-generational housing.
Residential Facility
Town Center i. Residential Facility shall be licensed by the State of Minnesota; and
ii. Residential Facility shall serve no more than sixteen (16) residents at
any given time.
Neighborhood
i. Residential Facility shall be licensed by the State of Minnesota;
ii. Residential Facility shall serve no more than six (6) residents at any
given time.
Small Multi-Family
Neighborhood
i. Parking shall be placed against an alley or in the rear of the lot and
be screened from the public right-of-way.
ii. Entrances to units that are not accessible from the front entries may
have access from the rear or the side of the building.
Solar Energy Systems Neighborhood
Shall conform to the provisions included in Section 1325.03 Subd. 7 of the
AHC.
Commercial Uses
Automotive Washing
Vehicle – motorized, leasing
and rentals
Vehicle- motorized, service
Office Mixed-Use
Flex Office
Retail Mixed-Use
i. Automotive drive through lanes, service bays, and/or gas station
canopies shall meet the design standards in Section 7, Building Design
Standards of this code.
ii. Outdoor storage of vehicles or other products sold shall NOT have
direct frontage along Pedestrian Priority Streets. Outdoor storage of
vehicles and/or other products sold shall be screened with a required
street screen along Pedestrian-Friendly Streets and General Streets
(see Section 10 for standards).
Service Station Campus Commercial
Retail Mixed-Use
Flex Office
Commercial Off-Street Parking
Campus Commercial
Town Center
Office Mixed-Use
Retail Mixed-Use
Flex Office
i. New surface parking lots shall be permitted as an interim use only in
the case of phasing.
ii. Applications for new surface lots shall include in-fill building concepts
on the lot with a site plan that meets the build-to-zone and building
frontage standards of the specific character zone.
iii. New surface parking shall be set back a minimum of thirty feet (30’)
from the edge of the right-of-way of Pedestrian Priority Streets.
iv. New surface parking shall not be located at a street intersection (of
any Pedestrian Priority and Pedestrian-Friendly Streets only) for
minimum of thirty feet (30’) from the intersection along each street.
Mortuary, funeral home
Flex Office
i. Pick-up and drop-off lanes, storage of vehicles, service areas, and
drive through facilities shall NOT have direct frontage along Pedestrian
Priority Streets.
ii. All such areas along other streets shall be screened with a required
street screen (see Section 10 for standards).
Approved July 13, 2015
Revised December 12, 2016
Amended XXX
TCAAP Redevelopment Code
Page | 35 Section 5: Schedule of Permitted Uses
Drive-Up Windows
Campus Commercial
Retail Mixed-Use
Flex Office
Office Mixed-Use
Drive through or drive-up facilities shall meet the design standards in
Section 7, Building Design Standards of this code.
Approved July 13, 2015
Revised December 12, 2016
Amended XXX
TCAAP Redevelopment Code
Page | 36 Section 5: Schedule of Permitted Uses
Table 5-2 Additional Use Criteria Table
Use Zoning District Location & Design Criteria
Restaurant and Restaurant, Fast Food
Campus Commercial
Town Center
Office Mixed-Use
Retail Mixed-Use
Flex Office
Six (6) queuing spaces per drive-through menu board.
Retail sales and services
Office Mixed-Use
i. Retail sales and service uses may not comprise more than ten percent
(10%) of the total gross square footage of building space within the
Office Mixed-Use District.
ii. Accessory retail uses associated with medical office clinics, including but
not limited to pharmaceutical and corrective lens sales, shall not be
counted towards the maximum square footage of retail sales and
service uses permitted in the Office Mixed-Use District, but may not
exceed twenty-five percent (25%) of the gross square footage of the
building in which they are located..
Civic Uses
Antenna or Tower
Campus Commercial
Town Center
Office Mixed-Use
Retail Mixed-Use
Flex Office
i. Located on top of a building or architectural component only.
ii. Shall conform to additional design and location requirements for
antennas and towers included in Section 1325 of the AHC.
Industrial Uses
Manufacturing and Processing:
Class I
Campus Commercial
Flex Office
For buildings where manufacturing and processing are a principal or
accessory use, a minimum of thirty percent (30%) of the gross building square
footage must be in office use.
Warehousing Campus Commercial
Flex Office
Warehousing is only allowed as an accessory use to Manufacturing and
Processing. For buildings where warehousing is an accessory use, a minimum
of thirty percent (30%) of the gross building square footage must be in
office use.
6.1 General to All Zoning Districts
1
6.1 General to All Zoning Districts (a) Building Frontage Designations: The Building Frontage designations are established on the Regulating Plan (Attachment 1) to specify certain building and site development standards along each street based on the priority placed on pedestrian-orientation. The Regulating Plan illustrates the Building Frontage designations within the TRC. For the purposes of this code, all Building Frontages are classified into one of the following three categories: i. Pedestrian Priority Frontages – Pedestrian Priority Frontages are intended to provide the most pedestrian-friendly and contiguous development context. Buildings and sites along Pedestrian Priority Frontages shall be held to the highest standard of pedestrian-oriented design and few, if any, gaps shall be permitted in the ‘Street Wall’. Breaks in the street wall may be permitted for courtyards, forecourts, sidewalk cafes and pedestrian connections between the individual sites and the public sidewalk. These street frontages are the main retail, restaurant, entertainment streets, or are important neighborhood connectors, as identified in the Regulating Plan. 1. Specific to Pedestrian Priority Frontages: The area between the building facade and property line or edge of any existing sidewalk along any street with Pedestrian Priority Frontage shall be designed such that the sidewalk width shall be a minimum as determined by the street type (see Attachment 4) and the remainder of any setback area shall be paved flush with the public sidewalk. Sidewalk cafes, public art, landscaping within tree-wells or planters may be incorporated within this area.
6.1 General to All Zoning Districts
2
Illustration showing requirements along Pedestrian Priority Frontages only
ii. Pedestrian-Friendly Frontages – Pedestrian-Friendly Frontages are also intended to be pedestrian-oriented with a mostly contiguous development context. However, in some locations, where access to a General Frontage street or Alley is not available, Pedestrian-Friendly Frontages may need to accommodate driveways, parking, service/utility functions, and loading and unloading. In such cases, Pedestrian-Friendly Frontages may balance pedestrian orientation with automobile accommodation. Typically, they shall establish a hybrid development context that has a more pedestrian-supportive development context at street intersections and accommodates auto-related functions and surface parking in the middle of the block. Surface parking shall be screened from the roadway following the Street Screen Standards in Section 10.4. Pedestrian-Friendly Frontages are designated on the Regulating Plan. iii. General Frontages – General Frontages are intended to accommodate more auto-oriented uses, surface parking and service functions on a site with a more suburban/automobile orientation. The General Frontages shall be building frontages not designated as either a Pedestrian Priority or Pedestrian-Friendly Frontage on the Regulating Plan. Surface parking shall be screened following the Street Screen Standards in Section 10.4.
6.1 General to All Zoning Districts
3
Graphic Illustrating the Application of Street Type Designation Based on the Development Context
(b) Treatment of Street Intersections: i. Corner building street facades along intersections of Pedestrian Priority Frontages and Pedestrian-Friendly Frontages shall be built to the BTZ for a minimum of twenty feet (20’) from the intersection along each street or the width of the corner lot, whichever is less regardless of the building frontage percentage required along that street. This requirement shall not prohibit incorporation of curved, chamfered building corners or recessed entries or civic/open spaces at such intersections. In addition, this standard shall apply regardless of the frontage requirement along the intersecting street even if it is a General Street.
6.1 General to All Zoning Districts
4
Illustration showing minimum frontage requirements at street intersections ii. Corner Building Height Allowance: Corner buildings may exceed the maximum building height by 25% along no more than 20% of the building’s frontage along each corresponding street façade. The purpose of the allowance is to encourage inclusion of architectural features and no mechanical equipment shall be located on top of a roof area that takes advantage of this allowance. Corner Building Height Allowances are not permitted in the Neighborhood Zone.
6.1 General to All Zoning Districts
5
Illustration showing Corner Building Height Allowance (c) Parking and Service Access: i. Location of parking (both structured and surface) shall be per the Zoning District specific building standards (Section 6.2 – 6.8). ii. Required off-street parking spaces shall be provided per Table 6-1 below. Table 6-1 Parking Ratios Zoning District TC/OMU/RMU/C CC/FO NR Additional Criteria Min. Off-Street Vehicular Parking Requirement Zoning District TC/OMU/RMU/C CC/FO NR Additional Criteria Min. Off-Street Vehicular Parking Requirement Retail and Similar Uses1 1 space/200 sq. ft. of gross retail sales floor area 1 space/200 sq. ft. of gross retail sales floor area. N/A 1. Plans that include shared parking or a reduction in the required number of parking spaces may be approved by the JDA as a Permitted Adjustment with the provision of a parking demand study (See Section 3.0). 2. On-street parking located along any public street shall count towards the required off-street parking. 3. Landscaping within surface parking lots shall meet standards in Section 10.0 of this Code. Office and Similar Uses2
6.1 General to All Zoning Districts
6
1 space/250 sq. ft. of gross floor area 1 space/250 sq. ft. of gross floor area. N/A1. Industrial Uses N/A 1 space/500 sq. ft. of gross floor area for general manufacturing/ industrial; 1 space/ 1,000 sq. ft. of gross floor area for warehousing/storage N/A1. Auto-related Uses3 4 spaces for each service bay N/A N/A1. Assembly Uses4 1 space/3 seats 1 space/3 seats 1 space/3 seats1. Daycare 1 space/employee and 1 space/5 persons cared for 1 space/employee and 1 space/5 persons cared for N/A1. Clinic, Medical Office 1space/employee plus 1 space/200 sq. ft. of gross floor area 1space/employee plus 1 space/200 sq. ft. of gross floor area N/A1. Indoor Recreation5 One space per each 200 sq. ft. non-tennis/racquetball court area. Two spaces per tennis/racquetball court. One space per each 50 sq. ft. deck area for a swimming pool. One space per each 200 sq. ft. non-tennis/racquetball court area. Two spaces per tennis/racquetball court. One space per each 50 sq. ft. deck area for a swimming pool.
6.1 General to All Zoning Districts
7
N/A1. School, General 1 space/employee plus 3 space/classroom N/A 1 space/employee plus 3 space/classroom School, Specialized Education 1 space/employee plus 1 space/4 students N/A N/A All other Non-Residential Uses 1 space/300 sq. ft. of gross floor area. 1 space/300 sq. ft. of gross floor area 1 space/400 sq. ft. of gross floor area. Residential – Single Family and Two-Family Uses N/A N/A 2.0 spaces/dwelling unit -- Residential – Multi-Family Uses 1.0 space/efficiency and one-bedroom units; 1.5 spaces/two-bedroom+ units N/A 1.0 space/efficiency and one-bedroom units; 2.0 spaces/two-bedroom+ units 1. See Section 1325.045 of the Arden Hills Code for additional criteria for multi-family uses. 2. Plans that include shared parking or a reduction in the required number of parking spaces may be approved by the JDA as a Permitted Adjustment with the provision of a parking demand study (See Section 3.0). 3. Landscaping within surface parking lots shall meet standards in Section 10.0 of this Code.
6.1 General to All Zoning Districts
8
Residential – Senior Independent Living, Assisted, Memory Care, or Skilled Nursing Uses 1.0 space/unit for Senior Independent Living units; 0.75 space/unit for Assisted Living, Memory Care and Skilled Nursing units. N/A 1.0 space/unit for Senior Independent Living units; 0.75 spaces/unit for Assisted Living, Memory Care and Skilled Nursing units. Lodging Uses (Hotels and Motels) 0.5 spaces per guest room; all other areas shall be parked at the non-residential rate above 0.75 spaces per guest room; all other areas shall be parked at the non-residential rate above N/A Min. Bicycle Parking Requirement (# of Bicycles) All Uses 10% of all provided off-street automobile spaces 5% of all provided off-street automobile spaces N/A 1. Location of Bicycle Parking: For retail buildings, 25% of all provided bicycle parking shall be located within 50 feet of a primary building entrance. 2. See Section 1325.045 of the Arden Hills Code for additional criteria for multi-family uses. 1 Includes Liquor Store. 2 Includes Business Services; Dog Kennel; Dry Cleaning; Library; Municipal Building; Personal Services; Pet Services; Research and Development Facility; and Vehicle – Motorized, Leasing and Rental. 3 Includes Automotive Washing; Service Station; and Vehicle – Motorized, Service 4 Includes Brewpub; Club or Lodge (non-profit); Cocktail Lounge; Community Center; House of Warship; Microbrewery; Mortuary, Funeral Home; Restaurant and Restaurant Fast-Food; Studio; Theater, Indoor; and Theater, Performing Arts Center. 5 Includes Club, Sports & Fitness and Commercial Recreation – Indoor. iii. Driveways and Service Access:
6.1 General to All Zoning Districts
9
1. Unless otherwise specified in the specific Zoning District standards in Sections 6.2 through 6.8, driveway access and off-street loading and unloading may be along General Frontages only. 2. Unless otherwise specified in the specific Zoning District standards in Sections 6.2 through 6.8 or through permitted adjustments, driveway and off-street loading and unloading may be located with access along a Pedestrian-Friendly Frontage street only if the property has no access to either a General Frontage street or joint use easement to an adjoining property with direct driveway access to any other street. 3. Unless otherwise specified in the specific Zoning District standards in Sections 6.2 through 6.8 or through permitted adjustments, driveways and off-street loading and unloading may be located with access along a Pedestrian Priority Frontage street only if the property has no access to either a Pedestrian-Friendly or General Frontage Street or joint use easement to an adjoining property with direct access to any other street. 4. Along Pedestrian Priority and Pedestrian-Friendly Frontages, driveway spacing shall be limited to one driveway per each block face or per 200 feet of block face for blocks greater than 400 feet in length. 5. Shared driveways, joint use easements or joint access easements shall be required to adjoining properties when driveway and service access is off a Pedestrian Priority Frontage or Pedestrian-Friendly Frontage. 6. Service and loading/unloading areas shall be screened per standards in Section 10.0. 7. Unless required to meet minimum fire access or service access standards all commercial, mixed-use and multi-family residential driveways shall be a maximum of twenty feet (20’) in width. Driveways used for service access (trash, fire, deliveries, etc.) shall be a maximum of thirty feet (30’) in width. Driveways wider than twenty-four feet (24’) in width shall only be located off of General Frontage Streets. Driveways along County controlled roadways shall meet Ramsey County Standards or the City’s adopted standards. 8. Additional easements may be required if shared driveways or access agreements are established. 9. Residential Driveways and Garages: a. Unless required to meet minimum fire access or service access standards, driveways for Single-Family Residential Use Buildings shall be a maximum of twelve feet (12’) in width at the curb cut. b. Garages for Residential Buildings shall be located on streets with General Frontage or at the rear of residential buildings. c. If front-loaded garages are utilized on residential uses, each bay of the garage shall be no greater than twenty-four feet (24’) wide and set back at least three feet (3’) behind the front façade line, unless a front porch meets the requirements of Section 6.1(c)(iii)(9)(d) below. Front-loaded garages on residential lots less than fifty feet (50’)
6.1 General to All Zoning Districts
10
wide shall not be allowed. Townhomes and courtyard apartments shall utilize garages at the rear of the lot with access from streets with General Frontage or from Alleys. i. Lots less than sixty-five feet (65’) in width shall not have more than twenty-four feet (24’) of garage facing the street. ii. Lots sixty-five to seventy feet (65’-70’) in width shall permit up to three (3) car front-loaded garages provided the homes meet the following requirements: 1. Each bay of the garage shall not be greater than twenty-four feet (24’) wide and setback at least three feet (3’) from the front façade line, unless a front porch meets the requirements of Section 6.1 (c) (iii) (9) (d) below. 2. The garage portion of the home facing the street shall not exceed fifty-five percent (55%) of the total front façade of the home. iii. Lots greater than seventy feet (70’) in width shall permit up to three (3) car front-loaded garages provided the homes meet the following requirements: 1. Each bay of the garage shall not be greater than twenty-four feet (24’) wide and setback at least three feet (3’) from the front façade line, unless a front porch meets the requirements of Section 6.1 (c) (iii) (9) (d) below. 2. The garage portion of the home facing the street shall not exceed fifty percent (50%) of the total front façade of the home. d. If garage is flush with the front façade, a porch shall be added to the front façade measuring fifty percent (50%) of the main floor living space portion of the front façade and a minimum of six (6) feet in depth. e. Front driveways shall be a minimum of twenty feet (20’) long and designed to fit at least two (2) parked vehicles and ensure that vehicles are parked outside of the public right-of-way. (d) Street Screen Required: i. Any non-residential parking lot frontage along a public right-of-way with surface parking shall be defined by a Street Screen. This required Street Screen shall be located at the right-of-way edge. Refer to Section 10.0: Streetscape and Landscape Standards of this Code for more specifications. (e) Loading Dock Standards: i. Facilities that include a loading dock shall have a maximum clear height of twenty-four feet (24’) as measured from the surface of the ground floor to the lowest point on the ceiling. ii. No more than one loading dock shall be allowed per 10,000 square feet of building area.
6.1 General to All Zoning Districts
11
iii. Cross docks, where loading docks are situated along two (2) walls of the same building, shall not be permitted. iv. Loading docks shall be located in the side or rear yard and shall be screened from view of the public right-of-way. (f) Fire Separation Requirement: Side and rear setbacks shall be based on minimum fire separation required between buildings, if applicable. (g) Recessed Entry Setbacks: Building façade lines on recessed entries and arcade buildings shall be measured from the front of façade with the recessed entry or arcade (see Section 4.0 Definitions for illustration). (h) Measuring Heights: i. Elevator and stair enclosures; public flagpoles and monuments; and chimneys are exempt from the height limit. ii. Spires, belfries, cupolas, and domes of churches shall not exceed a height of sixty-five feet (65’) as measured from the ground level. iii. Vents, tanks, solar energy systems, HVAC equipment, and other mechanical enclosures shall be exempted from the height limits so long as they do not extend more than fifteen feet (15’) above the roof upon which they are located. Solar energy systems in NR-1, NR-2, and NR-3 are not exempt from zoning district height limits. iv. Internal building height shall be measured from finished floor to bottom of the structural members of the ceiling. v. Floor to ceiling heights shall not apply to parking structures or civic buildings. (i) Encroachments: i. Encroachments into the public right-of-way shall not be permitted. ii. Encroachments over Required Setbacks: Canopies, awnings, galleries, and balconies may encroach over any required setback areas per standards established in each zoning district as long as the vertical clearance is a minimum of ten feet (10’) from the finished sidewalk elevation. 1. Maximum of fifty percent (50% of the depth of the sidewalk or ten feet (10’) (whichever is less) (except blade signs which shall encroach no more than six feet (6’) from the building façade line). 2. In no case shall an encroachment be located over an on-street parking or travel lane. 3. Additional license agreements are required for all encroachments over public right-of-way.
6.1 General to All Zoning Districts
12
(j) Phased Developments: Due to the long-term development vision within the TRC, certain building form and site development standards may be deferred for phased development projects meeting the following criteria: i. Submission of a site plan that illustrates how development and any related private improvements will be phased over time. Each phase of the site plan shall independently comply with all applicable standards of the TRC unless a Permitted Adjustment is granted. ii. Required private landscaping and open space amenities may also be phased with the building. iii. If a full block is being phased in development, design and development standards may be measured at the full block level in order to accommodate the various phases of the development. (k) Required Public Improvements: All site plans that require public improvements such as sidewalk and streetscape improvements may be deferred through the payment of a proportional fee-in-lieu when the entire length of that block is not within the site plan. Campus Commercial Zoning District
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
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
PC Agenda Item – 3B
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
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
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 3 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 4 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 5 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 Agency 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
Page 1 of 3
PC Agenda Item – 3B
MEMORANDUM
DATE: November 8, 2023
TO: Planning Commission Chair and Commissioners
FROM: Elena Fransen, Senior Planner
SUBJECT: Planning Case #23-019 – Public Hearing Required
Applicant: City of Arden Hills
Request: City Code Amendments – Chapter 13, Filling and Excavation and
Chapter 15, Erosion and Sediment Control
Requested Action
The City of Arden Hills is proposing amendments to the City’s Zoning Code Chapter 13 and
Erosion and Sediment Control Chapter 15. Proposed amendments would strike and add language
to standardize the permitting requirements for filling and excavation as well as the types of
activities that shall be allowed. The proposed amendments to City Zoning Code Chapter 13 and
Chapter 15 are within the following Sections:
• Section 1305.04, Zoning Code Definitions
• Section 1325.08, Filling and Excavation
• Section 1510.01, Definitions
• Section 1520.03, Escrow Requirement
Background
At the April 17, 2023 City Council work session, it was identified that Section 1325.08 Filling and
Excavation in the Zoning Code contained language that was inconsistent with Section 1510.01
Erosion and Sediment Control. Council directed staff to update inconsistent language in the
ordinance on the amount of land disturbance and fill that can occur on a property triggering a
permit. Staff were directed to work with the Public Works Director/City Engineer to review the
Filling and Excavation section of the Zoning Code as the section is similar to the Erosion and
Sediment Control standards of the City Code.
Overview of Ordinance Amendments
Section 1305.04 Definitions
The proposed ordinance amendment to Section 1305.04 Definitions is adding a definition for “land
reclamation” as this term is referenced in Section 1325.08 Filling and Excavation. To draft this
language, staff conducted a survey of other communities for definition examples. The drafted
Page 2 of 3
definition aligns with other filling and excavation definitions in Section 1325.08 and Chapter 15.
The Public Works Director/City Engineer reviewed the proposed definition and found it to be
consistent with Grading and Erosion control definitions.
Section 1325.08 Filling and Excavation
The proposed ordinance amendments to Section 1325.08 would strike language that is inconsistent
with Section 1510.01 as well as duplicative language that is addressed in greater detail within that
section. Proposed amendments would also add language that references Chapter 15 explicitly and
update numeric values to be consistent with Section 1510.01. Additional language would clarify
at what threshold of filling or excavation a conditional use permit is required. The Public Works
Director/City Engineer reviewed the proposed ordinance amendments for consistency and
alignment with industry best management practices.
Section 1510.01 Definitions
While reviewing Section 1325.08 Filling and Excavation, city staff considered possible
amendments to Chapter 15 Grading and Erosion Control for improved consistency with best
practices. The proposed ordinance amendment would modify the definition for Land Disturbance
Activity, striking values that are inconsistent with current practices and updating them with
accurate values as well as adding language to clarify the types of activities that are considered a
Land Disturbance Activity.
Section 1520.03 Escrow Requirement
The proposed ordinance amendments include a modification to the escrow requirements described
in Chapter 15. The drafted amendment includes language to clarify how Grading and Erosion
Control escrows will be utilized and to establish a timeline for the return of unused escrow funds.
Additional Review
Public Works/Engineering
Staff worked with the Public Works Department to draft the proposed ordinances. Upon review of
the final draft of the proposed ordinance amendments, no further comments were made.
Findings of Fact
The Planning Commission must make a finding as to whether or not the proposed amendments
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. The City of Arden Hills is proposing to amend ordinance language to make filling and
excavation quantities, activities, and permitting processes consistent across the City
Code.
2. The proposed ordinance will include amendments to the language of Chapter 13 – Zoning
Code, Sections 1305.04 – Definitions and 1325.8 – Filling and Excavation and Chapter
15 – Grading and Erosion Control, Section 1510.01 – Definitions and 1530.03 – Escrow
Requirements.
3. The proposed ordinance amendments were reviewed and supported by the Public Works
Director/City Engineer.
Page 3 of 3
4. The proposed ordinance amendments will align with Grading and Erosion Control
industry best management practices.
5. Amendments to the Zoning Code regulations require a public hearing prior to action by
the City Council.
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 23-019 for a
Zoning Code Amendment to Chapter 13 and Chapter 15 of the Arden Hills City Code to
standardize the permitting requirements for filling and excavation as well as the types of
activity that shall be allowed, based on the findings of fact and as presented in the
November 8, 2023 Report to the Planning Commission.
• Recommend Approval with Amendments: Motion to recommend approval of Planning
Case 23-019 for a Zoning Code Amendment to Chapter 13 and Chapter 15 of the Arden
Hills City Code to standardize the permitting requirements for filling and excavation as
well as the types of activity that shall be allowed, based on the findings of fact and
November 8, 2023 Report to the Planning Commission with amendments: a specific reason
should be included with all amendments.
• Recommend Denial: Motion to recommend denial Planning Case 23-019 for a Zoning
Code Amendment to Chapter 13 and Chapter 15 of the Arden Hills City Code to
standardize the permitting requirements for filling and excavation as well as the types of
activity that shall be allowed, 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 23-019 for a Zoning Code Amendment to Chapter
13 and Chapter 15 of the Arden Hills City Code standardize the permitting requirements
for filling and excavation as well as the types of activity that shall be allowed: 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 October 28, 2023. As of November 1, 2023, the City has not received any public
comments regarding this case.
Attachments
A) Draft Amendment Section 1305.04 Definitions
B) Draft Amendment Section 1325.08 Filling and Excavation
C) Draft Amendment Section 1510.01 Definitions
D) Draft Amendment Section 1320.03 Escrow Requirement
1305.04 Definitions. (revised 07/27/20; revised 04/10/2023; revised 04/24/2023; revised 8/28/2023) ∙ Acre. A quantity of land containing forty-three thousand, five hundred and sixty (43,560) square feet or one hundred sixty (160) square rods in whatever shape and pattern (e.g. circular, square, triangular, irregular, broad or narrow). ∙ Acre, net (as applied to PUD density calculations). One (1) acre of land, minus the two-thirds (2/3) of that portion of the acre encompassed by wetlands, one-half (1/2) of that portion of the acre encompassing wholly or partially hills, mounds, or slopes that drop at a rate of twelve percent (12%) or more per every fifteen (15) feet or more of distance; and the entire area of public streets. ∙ Administrative officer. The zoning administrator, building inspector, their deputies or assistants, and any other officials of the city charged with or engaged in the administration of this Code or any portion thereof. ∙ Administrator. The zoning administrator. ∙ Agricultural uses. Uses customarily associated with the growing of farm produce and the raising of farm animals for general use; but not including raising and feeding (feed lots) of livestock, fur farms and kennels. ∙ Alteration. As applied to a building or structure, a change or rearrangement in the structural parts or in the existing facilities, or an enlargement, whether by extending on a side or by increasing in height, or by moving from one location to another. ∙ Alley. A minor public or private way which is used primarily for vehicular service access to the back or side of a lot abutting on a street. ∙ Animals, domestic. Common household pets, such as dogs and cats, other animals kept for amusement, companionship, decoration, or interest. ∙ Animals, farm. Animals traditionally kept or raised on a farm for the purpose of providing food or products for sale or use, such as cattle, horses, goats, sheep, swine, fowl, bees, and animals raised for fur. ∙ Animals, wild. Animals such as wolves, tigers and poisonous snakes that are not normally a domestic animal or farm animal and would ordinarily be confined in a zoo or found in the wild. ∙ Antenna. Equipment, used for transmitting and/or receiving telecommunication, television or radio signals, which is located on the exterior, or outside, of any building or structure.
∙ Antenna, dish. A parabolic-shaped antenna (including all supporting apparatus) which is used for transmitting or receiving telecommunication, television or radio signals, which is located on the exterior, or outside, of any building or structure. ∙ Class I: Dish Antenna under thirty (30) inches or more in diameter; six (6) feet in surface area; or six (6) feet in height. ∙ Class II: Dish Antenna thirty (30) inches or more in diameter; six (6) square feet or more in surface area; or six (6) feet or more in height. ∙ Apartment. A room or suite of rooms located in a one- or two-family building or multiple dwelling, which shall include a bath and kitchen accommodation, intended or designed for use as an independent residence by a single household. ∙ Appeal. An application for the review of an order, requirement, decision, determination or interpretation of this Code made by an administrative officer in the application and/or enforcement of this Code. ∙ Basement. Any area of a structure, including crawl spaces, having its floor or base subgrade (below ground level) on all four sides, regardless of the depth of excavation below ground level. (revised 05/05/10) ∙ Bluff. A topographic feature such as a hill, cliff, or embankment having the following characteristics (an area with an average slope of less than 18 percent over a distance for 50 feet or more shall not be considered part of the bluff): (added 02/22/10) ∙ Part or all of the feature is located in a shoreland area; ∙ The slope rises at least 25 feet above the ordinary high water level of the water body; ∙ The grade of the slope from the toe of the bluff to a point 25 feet or more above the ordinary high water level averages 30 percent or greater; and ∙ The slope must drain toward the waterbody. ∙ Bluff impact zone. A bluff and land located within 20 feet from the top of a bluff. (added 02/22/10) ∙ Board. The board of appeals and adjustment established by this Code. ∙ Boarding house. A structure where sleeping rooms are provided, with a common entrance, internal access to all rooms, one (1) or more bathrooms, and one (1) or more kitchens to provide lodging for at least three (3) but not exceeding five (5) persons. A boarding house is distinguished from a transient accommodation such as a hotel or motel as defined in this chapter. (added 7/14/10) ∙ Boulevard. That portion of a street lying between the lateral line of the roadway portion thereof (i.e., the back of the curb or curb line) and the right-of-way line thereof which may contain within its boundaries a sidewalk or portion of driveway.
∙ Brewpub. A restaurant that also has a facility that manufactures and distributes intoxicating malt liquor or wine in total quantity not to exceed 250,000 barrels a year on the premises. (added 10/29/12) ∙ Building. A structure which is designed and suitable for the habitation or shelter of human beings or animals, or a shelter or storage of property, or is used for trade or manufacturing. ∙ Building line. A line parallel to a lot line or the ordinary high water level at the required setback beyond which a structure may not extend. (revised 02/22/10) ∙ Building, accessory structure or use. A subordinate building structure or use which is located on the same lot on which the principal building or use is situated and which is reasonable necessary, appropriate and incidental to the conduct of the primary use of such principal building or principal use. ∙ Building envelope. (See Lot, Buildable portion of.) ∙ Building height. The vertical distance from the average elevation of the grade along a face of a building to the highest point of the roof surface of flat roofs, the deck line of mansard roofs, or the average height between the eaves and the highest ridge of gable, hip, or gambrel roofs. The height of a stepped or terraced building shall be the height of the tallest segment of the building. ∙ Building inspector. The inspector as provided for in the building code. ∙ Building, principal. A building in which the principal use, of the lot on which it is located, is conducted. ∙ Bulk. The term used to indicate the size and setbacks of buildings or structures and location of same with respect to one another and includes the following items: ∙ Size and height of buildings or structures. ∙ Location of exterior walls at all levels in relation to lot lines, street or to other buildings or structures. ∙ Gross floor area of buildings or structures in relation to lot lines, street or to other buildings or structures. ∙ All open spaces allocated to buildings or structures. ∙ Amount of lot area per dwelling unit. ∙ Bulk materials. Uncontained solid matter such as powder, grain, stone, sand, sulfur, etc., that has a tendency to become airborne. ∙ Business. Any occupation, employment or enterprise wherein merchandise is exhibited and sold, or which occupies time, attention, labor and materials, or whereby services are offered for compensation.
∙ Business services. Services performed primarily for other businesses, including such services as secretarial, clerical, employment agencies, business machine service, printing, etc. ∙ Caliper inches. The diameter of a tree measured at 4.5 feet above the ground. (added 4/28/08) ∙ Call Center. An office for providing incoming and outgoing telephone and computer services, customer service, technical service, or telemarketing activities through electronic communications. (added 7/27/20) ∙ Cemetery/Memorial garden. Land used or dedicated to the burial of the dead, including crematoriums, mausoleums, funeral chapels and necessary sales and maintenance facilities. (added 7/14/10) ∙ Clear vision area. The clear vision area shall be an area within a triangle that is measured along the edge of the driving surface of the road at the intersection of two roads (public or private) and extending thirty (30) feet in each direction from the intersection with a line connecting the two end points. (revised 3/18/09) ∙ Clear-cutting. The complete removal of trees or shrubs in a contiguous patch, strip, row, or block. (revised 02/22/10) ∙ Clinic. A building for out-patient medical treatment of humans or small animals. ∙ Clubs and lodges. Buildings and facilities owned and operated by a corporation or association of persons for social, recreational, charitable, educational or cultural purposes, but not operated primarily for profit or for purposes which are customarily associated with a business. ∙ Clubs, sports and fitness. A place of assembly where membership may be required and is directed toward the general public with the commercial promotion of sports and physical fitness. ∙ Commission. The Planning Commission, as established by the Code of Ordinances, City of Arden Hills, Chapter 2. ∙ Commercial recreation, indoor. A commercial recreational use conducted within an enclosed building, including arcade, arena, art gallery, assembly hall, athletic and health clubs, auditorium, bowling alley, club or lounge, community center, pool or billiard hall, or a variety of organized or franchised sports, including but not limited to basketball, ice hockey, wrestling, soccer, tennis and volleyball. This definition does not include public uses on public property. (added 7/14/10) ∙ Commercial recreation, outdoor. An accessory commercial recreational use conducted outdoor including but not limited to horseshoes, bocce ball, or cornhole. (added 4/24/2023) ∙ Comprehensive plan. A compilation of policy statements, goals, standard and maps for guiding the physical, social and economic development, both private and public, of the city
and its environs and may include, but is not limited to, the following items: Statements of policies, goals, standards, a land use plan, a community facilities plan, a transportation plan and recommendations for plan execution. ∙ Conditional use. A use which, because of unique characteristics, cannot be classified as a permitted use in a district, and which, after due consideration by the Planning Commission and Council, pursuant to the applicable procedures contained in this Code and the Arden Hills City Code of Ordinances, may nevertheless be permitted with restrictions on a site by conditional use permit granted by the Council. ∙ Conditional use permit (C.U.P.). A permit required for certain land uses classified as Conditional Accessory Uses or Conditional Principal Uses. ∙ Consumer small loan establishment. Any establishment that offers consumer small loans, commonly referred to as "payday loans," as defined in Minnesota State Statute 47.60 as amended from time to time. (added 12/3/08) ∙ Council. The City Council, as established by the Code of Ordinances. ∙ Crematorium. A facility containing properly installed, certified apparatus intended for use in the act of cremation. (added 7/14/10) ∙ Critical root zone. The minimum area around a tree that should remain undisturbed. To calculate the critical root zone, measure the tree's caliper inches. For each caliper inch of tree, 1.5 feet of root radius must be protected. For example, if a tree's is 10 caliper inches, then its critical root radius is 15 feet (10 x 1.5 = 15). The critical root zone is 30 feet. (added 4/28/08) ∙ Day care facility. Any licensed facility, public or private, which for gain or otherwise, regularly provides one or more persons with care, protection, supervision, habilitation, rehabilitation or developmental guidance on a regular basis, for periods of less than twenty-four (24) hours per day, in a place other than the person's own home, including but not limited to day care centers, day nurseries, daytime activity centers, day treatment programs, and day services. (revised 7/14/10) ∙ Day care, family. Day care for no more than ten children at one time of which no more than six are under school age. The licensed capacity must include all children of any caregiver when the children are present in the residence. (added 7/14/10) ∙ Day care, group family. Day care for no more than 14 children at any one time. The total number of children includes all children of any caregiver when the children are present in the residence. (added 7/14/10) ∙ Density. The number of dwelling units permitted by this Code on one (1) acre. ∙ Density net. The number of dwelling units permitted by the Code on one (1) net acre of land. ∙ Density transfer. The relocation of housing units or square footage of building area computed on part of a building site to another part of the site resulting in an increase in
density to the transfer area for the purpose of preserving open space, forested areas, environmental or terrain features deemed worthy of preservation by the Planning Commission. ∙ Density zoning. Density zoning shall be interpreted as the provision of lot areas smaller than the minimum requirement of this Code under conditions whereby the total number of dwelling units is not greater than the amount permitted under normal conditions. ∙ Dog kennel, Commercial. A structure specifically designed and commercially used for the harboring of three (3) or more dogs that are more than three (3) months old. ∙ Dog kennel, Residential. A structure specifically designed and residentially used for harboring of up to three (3) dogs that are more than three (3) months old. ∙ Dog run. A structure specifically designed for domestic use for the harboring and exercise of not more than two (2) dogs. ∙ Drive-up Window. A window or other opening at a business establishment that allows customers to purchase and/or receive a service or product without having to enter the building. (added 12/03/08) ∙ Dwelling. A building or portion thereof, designed or used exclusively for residential occupancy, including single-family, two-family and multiple family uses, but not including hotels, motels, nursing homes, boarding or rooming houses, tents, seasonal cabins, or motor homes or travel trailers. ∙ Dwelling, live-work unit. A dwelling unit in combination with a shop, office, studio, or other work space within the same unit, where the resident occupant both lives and works. A live-work unit is not synonymous with a home occupation because it is designed as a mixed-use facility, whereas the home occupation is secondary and accessory to the residential use. (added 7/14/10) ∙ Dwelling, multiple family. A dwelling containing three (3) or more attached dwelling units. ∙ Dwelling, single-family. A dwelling that consists of one (1) dwelling unit. ∙ Dwelling, two-family. A dwelling that consists of two (2) dwelling units. ∙ Dwelling unit. A residential building or portion thereof intended for occupancy by one (1) family with facilities for living, sleeping, cooking and eating but not including hotels, motels, nursing homes, tents, seasonal cabins, boarding or rooming houses, motor homes or travel trailers. ∙ Dwelling unit, single-family attached. A dwelling unit which is located on its own individual lot but joined along a single lot line to one (1) or more other dwelling units with a party wall and having a separate point of entry.
∙ Dwelling unit, single family detached. A dwelling which is not joined to any other dwelling unit, and is located on a separate lot with the structure surrounded by open space and having a separate point of entry. ∙ Easement. A right or privilege in favor of a person or a government authority to use a parcel of land or portion thereof for specific purpose. ∙ Enclosed Parking. A structure used for the storage of a vehicle which must be covered and completely enclosed by walls or doors on four sides. (added 10/4/12) ∙ Equal Degree of Encroachment. A method of determining the location of floodway boundaries so the flood plain lands on both sides of a stream are capable of conveying a proportionate share of flood flows. ∙ Exterior storage. The storage of goods, materials, equipment, manufactured products and similar items not fully enclosed by a building. ∙ Family. An individual or two (2) or more persons, each related to the other by blood, marriage, adoption or foster care, or a group of not more than four (4) persons, some or all of whom are not related by blood, marriage or adoption, living together and maintaining a common household. (These regulations shall not be applied so as to prevent the City from making reasonable accommodation as required by the Federal Fair Housing Amendments Act of 1988). ∙ Financial institution. An establishment that provides financial and banking services to consumers or clients. Typical uses include banks, savings and loan associations, credit unions, investment companies, and automated teller machines (ATMs). Financial institution shall not include a consumer small loan operation. (added 7/14/10) ∙ Flood. A temporary increase in the flow or stage of a stream or in the stage of a wetland or lake that results in the inundation of normally dry areas. ∙ Flood frequency. The frequency for which it is expected that a specific flood stage or discharge may be equaled or exceeded. ∙ Flood fringe. That portion of the flood plain outside of the floodway. Flood fringe is synonymous with the term "floodway fringe" used in the Flood Insurance Study for the City. ∙ Flood plain. The beds proper and the areas adjoining a wetland, lake or watercourse which have been or may be covered by the regional flood. ∙ Flood-proofing. A combination of structural provisions, changes, or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages. ∙ Floodway. A wetland or lake and the channel of a watercourse and those portions of the adjoining flood plain which are reasonably required to carry or store the regional flood discharge.
· Floor area. Means the sum of the horizontal area of all floors of a building measured from the exterior faces of the exterior walls, or from the centerline of walls separating two buildings, Excluding: decks, garages, covered porches conforming with Section 1325.03 Subd 2.D; attics, crawl spaces and basements that do not meet the minimum ceiling height per Minnesota State Building Code requirements. ∙ Floor area ratio (F.A.R.). The ratio obtained by dividing the sum of a building's floor area by the amount of lot area. ∙ Frontage. The uninterrupted front boundary line of a lot, or the length of such line, which abuts on a street. ∙ Garage, private. An accessory building or portion of the principle building which is intended and used for the storage of the private passenger vehicles of the family or families who reside upon the lot upon which the garage is located. ∙ Garage, repair. A building or space for the repair or maintenance of motor vehicles, including body work, painting and vehicle wash, and incidental display and sales of automotive products but not including factory assembly of such vehicles, auto wrecking, or junkyards. ∙ Garage, truck. A building that is used or intended to be used for the storage of motor trucks, truck trailers, tractors and commercial vehicles exceeding one-ton rated capacity. ∙ Grading and Excavating. The act of excavation or filling or combination thereof to alter the contour of land for development purposes. (added 7/14/10) ∙ Hemp Concentrate. The extracts and resins of a hemp plant or hemp plant parts, including when refined to increase the presence of targeted cannabinoids or when intended to be consumed by combustion or vaporization of the product and inhalation of smoke, aerosol, or vapor from the product. (added 8/28/2023) ∙ Hemp-Derived Consumer Product. A product intended for human or animal consumption, does not contain cannabis flower or cannabis concentrate, and containing or consisting of hemp plant parts; or containing hemp concentrate or artificially derived cannabinoids in combination with other ingredients. (added 8/28/2023) ∙ Hemp Plant. All parts of the plant of the genus Cannabis that has a delta-9 tetrahydrocannabinol concentration of no more than 0.3 percent on a dry weight basis. (added 8/28/2023) ∙ Higher education, campus. The facilities for technical colleges, junior colleges, colleges and universities approved by the Minnesota Higher Education Coordinating Board for the Minnesota Department of Education. These facilities can include, but are not limited to, classrooms; laboratories; seminaries; dining and residence halls; athletic, wellness, and spiritual facilities; administrative offices; performance art centers; parking and transit structures; and child care facilities. (added 9/25/2017) ∙ Home occupation. The accessory or conditional accessory use of a residential structure for any gainful occupation or profession.
∙ Hospital. An institution licensed by the state department of health, providing primary health services and medical or surgical care, to sick or injured persons, primarily inpatients. May include related facilities such as laboratories, outpatient facilities, or training facilities. (added 7/14/10) ∙ Hotel/motel. Any building, or group of buildings, having five (5) or more guest rooms intended or designed to be rented or hired out to be occupied, or which are occupied for sleeping purposes by transient guests. (revised 7/14/10) ∙ House of worship. A place of worship or religious assembly and its accessory facilities used by the congregation such as the following: rectory, meeting hall, offices for administration of the institution, licensed child or adult daycare, playground, or cemetery. A house of worship does not include buildings or uses used exclusively for residential, schools, recreational, commercial, or other uses not normally associated with worship. (revised 7/14/10) ∙ Household. The person or persons occupying a single dwelling unit. A household may consist of a single family, one (1) person living alone, two (2) or more families living together or any group of related or un-related persons who share living arrangements. ∙ Industry. Uses such as the manufacturing, compounding, processing, packaging, treatment, assembling or warehousing of products and materials. ∙ Junkyard. An open area where waste, used or second-hand materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including but not limited to, scrap iron and other metals, paper, rags, rubber, tires and bottles. A junkyard includes a vehicle wrecking yard but does not include uses established entirely within enclosed buildings. ∙ Land Reclamation. The reclaiming of land by depositing and/or excavating material so as to alter at the minimum four hundred (400) cubic yards of the existing grade, either by hauling and/or regarding the area, shall constitute land reclamation. ∙ Landscape lot area. That portion of a lot required to remain as open space, free of buildings, parking and drives. Landscape lot areas may consist of: ∙ Naturally vegetated areas, ∙ Wetlands or ponding areas, ∙ Planting beds, ground cover and mulch areas (vegetative, rock, bark chip, etc.), ∙ Decorative walkways and areas not to exceed fifteen percent (15%) of the required landscape lot area, and ∙ Outdoor recreation areas. ∙ Landscaping. Plantings such as trees, grass, shrubs. ∙ Loading area. Any area where trucks are maneuvered and parked, for the purposes of loading or unloading products, materials or equipment.
∙ Lot. A parcel of land described by metes and bounds measurement, reference to a registered land survey, plat, record of survey map, or other means, and separated from other parcels or portions by said description, and which is occupied by, or is suitable under this Code and other applicable ordinances for occupancy by one (1) principal building, or used together with any accessory buildings or uses and such open spaces as are required by this Code. ∙ Lot area. The total site area within the lot lines. ∙ Lot area, net buildable. The space remaining on a lot after the minimum landscape area, open space and setback requirements of this Code have been met. ∙ Lot area per family. The lot area per family is the lot area required by this Code to be provided for each family in a dwelling. ∙ Lot, buildable portion of. (Building Envelope) The area of a lot on which a principal structure may be placed. The portion of a lot remaining after the minimum building setbacks have been met. (Lot area, net buildable, is more limiting as other deductions are included). ∙ Lot, corner. A lot situated at and abutting on the intersection of two (2) or more streets having an angle of intersection of not more than one hundred thirty-five (135) degrees. A lot abutting upon a curve street shall be deemed a corner lot if the tangents to the curve at its point of beginning within the lot or at the points of intersection of the side lot lines with the street line intersect at the interior angle of less than one hundred thirty-five (135) degrees. A corner lot shall maintain front yard requirements for each street frontage. ∙ Lot coverage. The total allowable amount of lot area, expressed as a percentage, which may be covered by a principal use and its accessory structures. ∙ Lot depth. The mean horizontal distance between the mean front road and the mean rear lot line. The greater frontage of a corner lot is its depth, and its lesser frontage is its width. ∙ Lot line. A property boundary line of any lot held in single or separate ownership or separately described; except that where any portion of the lot extends into the abutting street or alley, the lot line shall be deemed to be the street or alley line. ∙ Lot line, front. The boundary of a lot abutting a street. On a corner lot, the shortest street lot line shall be the front lot line. ∙ Lot line, rear. The lot line most nearly parallel to and most remote from the front lot line. ∙ Lot line, side. Lot lines other than front or rear lot lines. On a corner lot, the longest street lot line shall be a side lot line. ∙ Lot, interior. A lot other than a corner or reversed corner lot.
∙ Lot, reversed corner. A corner lot, the rear of which abuts upon the side of another lot whether across an alley or not. ∙ Lot of record. A lot existing as of April 10th, 1993, date of this Code or approved by the city as a lot subsequent to such date, and includes non-conforming lots. ∙ Lot, shoreline. A lot having one (1) or more lot lines fronting on public waters. ∙ Lot, through. A lot that has a pair of opposite lot lines abutting two (2) substantially parallel streets, and which is not a corner lot. On a through lot, the determination of whether the street frontage is to be considered a front yard or rear yard shall be as subject to the provisions of this Code. ∙ Lot width. The mean horizontal distance between the side lot lines at the minimum front setback line. ∙ Lower-Potency Hemp Edible. Any product that (1) is intended to be eaten or consumed as a beverage by humans; (2) contains hemp concentrate or an artificially derived cannabinoid, in combination with food ingredients; (3) is not a drug; (4) consists of servings that contain no more than five milligrams of delta-9 tetrahydrocannabinol, 25 milligrams of cannabidiol, 25 milligrams of cannabigerol, or any combination of those cannabinoids that does not exceed the identified amounts; (5) does not contain more than a combined total of 0.5 milligrams of all other cannabinoids per serving; (6) does not contain an artificially derived cannabinoid other than delta-9 tetrahydrocannabinol; (7) does not contain a cannabinoid derived from cannabis plants or cannabis flower; and (8) is a type of product approved for sale by the Office of Cannabis Management or is substantially similar to a product approved by that Office, including but not limited to products that resemble nonalcoholic beverages, candy, and baked goods. Lower-Potency Hemp Edibles includes “edible cannabinoid products” as defined by Minn. Stat. § 151.72. Lower-potency hemp edibles do not include products containing only nonintoxicating cannabinoids. (added 8/28/2023) ∙ Lower-Potency Hemp Edible Sales. The processing or sale of lower-potency hemp edibles or hemp-derived consumer products. (added 8/28/2023) ∙ Lowest floor. The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building's lowest floor. (added 05/05/10) ∙ Manufactured home. A structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein; except that the term includes any structure which meets all the requirements and with respect to which the manufacturer voluntarily files a certification and complies with the standards established under this Code and Minnesota State Statutes as amended from time to time. The term "manufactured home" does not include the term "recreational vehicle." (revised 05/05/10)
∙ Manufacturing and processing. All uses which include the compounding, processing, packaging, treatment, or assembly of products and materials. Generally, these are industries dependent upon raw materials refined elsewhere. These uses include, but are not limited to: fabrication of wood, metal, and plastic products; assembly of electronic components, equipment, and appliances; processing of chemicals, plastics, food products, and nonalcoholic beverages; manufacturing of clothing and textile products; distribution centers, lumber yards, printing and binding shops, machine shops, sheet metal shops, sign shops, contractor's shops and storage yards. ∙ Class I: Above uses without exterior storage. ∙ Class II: Above uses with permitted exterior storage. ∙ Metes and bounds. A method of property description utilizing directions and distances commencing from and terminating at an easily identifiable point. ∙ Microbrewery. A facility that manufactures and distributes intoxicating malt liquor or wine in total quantity not to exceed 250,000 barrels a year. A microbrewery may have space dedicated as a taproom to distribute on-sale and off-sale alcohol in compliance with MN state statute 340A.301, subd. 6b. (added 10/29/12) ∙ Microdistillery. A facility that manufactures and distributes premium, distilled spirits in total quantity not to exceed 40,000 proof gallons in a calendar year. (added 10/29/12) ∙ Mineral extraction. The use of land for surface or subsurface removal of sand, gravel, rock, industrial minerals, and other nonmetallic minerals not regulated under Minn. Stat. Chapts. 93.44 - 93.51; or Successor Statutes. Mineral extraction does not include grading and excavating as defined in this Chapter. (added 7/14/10) ∙ Mobile home. A manufactured home designed, constructed, and equipped for use as a single-family dwelling, which has a width of less than twenty (20) feet over more than twenty-five (25) percent of its length; or which is not placed on a permanent foundation complying with the requirements of the state building code or which is not continuous and solid for the entire perimeter of the structure. ∙ Mobile home park. Any premises on which are parked two (2) or more occupied mobile homes, excluding premises on which mobile homes are sold for removal to another site. ∙ Mortuary, funeral home. An establishment engaged in undertaking services such as preparing the dead for burial and arranging and managing funerals, but not including a crematorium. (added 7/14/10) ∙ Motorized vehicle leasing and rentals. A business that leases or rents motorized vehicles to the general public. Includes minor services and washing as an accessory use. Not more than eight (8) rental or lease vehicles on site at one time. ∙ Motorized vehicle service. A business that provides repair or maintenance services for motorized vehicles including engine repair, replacement or parts and engine service, but
does not include body work, painting, factory assembly of vehicles or vehicle wrecking yards. ∙ Multiple occupancy building. A building containing two or more independent businesses with or without separate exterior entrances and for which signage, parking and site requirements are unified in a consistent visual and functional manner. ∙ Native vegetation. "Native Vegetation" - Plant species indigenous to Minnesota, or that expand their range into Minnesota without being intentionally or unintentionally introduced by human activity, and are classified as native in the Minnesota Plant Database (Minnesota DNR, 2002 or as amended). Native Vegetation does not include Weeds. (revised 02/22/10) ∙ Nonconforming building. A building lawfully existing as of the effective date of the adoption of this Code, or amendment hereto, which under the provisions of this Code could not be built because of restrictions on height, setbacks, yards, lot coverage, floor area ratio, or other characteristics of the building or its location on the lot where it exists. ∙ Nonconforming use. A building, structure or use of a building, structure or parcel of land, or a portion thereof, lawfully existing as of the effective date of the adoption of this Code or amendment hereto, as a matter of right or by permit, which is not permitted in the zoning district in which it is located. ∙ Nonintoxicating Cannabinoid. A cannabinoid that when introduced into the human body does not impair the central nervous system and does not impair the human audio, visual, or mental processes. Nonintoxicating cannabinoid includes but is not limited to cannabidiol (CBD) and cannabigerol (CBG) but does not include any artificially derived cannabinoid and must contain less than 0.3% tetrahydrocannabinol (THC). (added 8/28/2023) ∙ Nursery. Any land used to raise trees, shrubs, flowers, and other live plants for sale and commerce. ∙ Nursing Home and Assisted Living Facility. A facility that provides daily assistance and long-term residence for disabled or elderly individuals. This includes a combination of housing, supportive services, personalized assistance and health care designed to respond to the individual needs of those who need help with activities of daily living, such as dressing, grooming, bathing, etc. (added 7/14/10) ∙ Obstruction. Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel, modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory flood plain which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water. ∙ Office(s). A room, suite of rooms, or a building containing rooms or suites of rooms in which persons conduct commercial activities, provide professional services, or carry on occupations and where goods are not stored, produced, sold at retail or repaired, including but not limited to the following: executive and administrative offices, business offices such
as insurance, real estate, sales and similar offices, professional offices such as offices of engineers, surveyors, architects, accountants, attorneys and bookkeepers and similar offices, but excluding medical clinics. (revised 7/14/10) ∙ Office showroom/warehouse. An office facility in which more than 50 percent of the total floor area is utilized for the display and sale of goods or merchandise on the premises, and/or for the storage and distribution of goods or merchandise from the premises. (added 7/14/10) ∙ Off-street parking areas. Structures or areas of ground used for the storage or parking of motor vehicles. ∙ Open sales lot. Any land used or occupied for the purpose of buying and selling any goods, materials, or merchandise, and for the storing of same under the open sky prior to sale. ∙ Open space. (See landscape lot area.) ∙ Ordinary high water level. The boundary of public waters and wetlands, and shall be an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape and as determined by the Minnesota Department of Natural Resources. The ordinary high water mark is commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. (revised 02/22/10) ∙ Outdoor display and sales. The display of goods for sale or rent outside an enclosed building. (added 3/28/16) ∙ Park facilities. The use of any lots or parcel of land and any structure or building thereon for public active and passive recreation purposes by the Arden Hills Parks and Recreation Department or the Ramsey County Parks and Recreation Department. (added 11/25/13) ∙ Parking space. A land area of such shape and dimensions and so prepared as to be usable for the parking of a motor vehicle, and so located as to be readily accessible to a public street or alley. Truck loading and unloading space shall not be included in such area. ∙ Pathway, pedestrian way. A public or private way, running across or located within a platted lot or block or an unplatted parcel of land, used primarily for pedestrian traffic. ∙ Pawn shop. The location at which or premises in which a pawnbroker regularly conducts business. (added 7/14/10) ∙ Pawnbroker. (a) Except as provided in paragraph (b), "pawnbroker" means a person engaged in whole or in part in the business of lending money on the security of pledged goods left in pawn, or in the business of purchasing tangible personal property to be left in pawn on the condition that it may be redeemed or repurchased by the seller for a fixed price within a fixed period of time.
∙ (b) The following are exempt from the definition of "pawnbroker": any bank regulated by the state of Minnesota, the comptroller of the currency of the United States, the Federal Deposit Insurance Corporation, the board of governors of the Federal Reserve System, or any other federal or state authority and their affiliates; any bank or savings association whose deposits or accounts are eligible for insurance by the Federal Deposit Insurance Corporation or any successor to it and all affiliates of those banks and savings associations; any state or federally chartered credit union; and any industrial loan and thrift company or regulated lender subject to licensing and regulation by the Department of Commerce. (revised 7/14/10) ∙ Person. Any individuals, firm, partnership, corporation, company, association, joint stock association or body politic; includes any trustee, receiver, assignee or other similar representative thereof. ∙ Personal services. Services customarily rendered for compensation. Such services shall only involve minor storage and related sales of products and supplies related to the service offered and for customers ordinarily utilizing the service offered. Typical personal services include but are not limited to: apparel tailoring and cleaning; hair styling, trimming and cutting; beauty services; photographic services; and other services of a similar nature. ∙ Planned unit development (P.U.D.). The development of a tract of land in a unified manner, pursuant to a development plan specifically approved by the city. ∙ Planning commission. The planning agency of Arden Hills as prescribed in Minnesota Statutes Chapter 462.354. It is advisory to the City Council on all matters related to the Comprehensive Plan and all official controls that implement the Comprehensive Plan, and all other matters referred to it by the City Council. ∙ Protected waters. Any waters of the State as defined by State law. However, no lake, pond or flowage of less than ten (10) acres in size and no river or stream having a total drainage area less than two (2) square miles shall be regulated for the purposes of these regulations. ∙ Public use. The use of any lot, parcel of land and any structure or building thereon exclusively for public purposes by any department or branch of government, federal, state, county or city, excluding independent school districts, without reference to the ownership of said lot, parcel of land, building or structure. ∙ Public waters. Means a body of water capable of substantial beneficial public use. This shall be construed to mean, for the purposes of these regulations, any body of water, which has the potential to support any type of recreational pursuit or water supply purpose. A body of water created by a private user where there was no previous shoreland, as defined herein, for a designated private use authorized by the commissioner of natural resources, shall be exempt.
∙ Railroad right-of-way. A strip of land with tracks and auxiliary facilities for track operation, but not including depots, loading platforms, station, train sheds, warehouses, car shops, car yards, locomotive shops or water towers. ∙ Reach. A hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or man-made obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most typically constitute a reach. ∙ Recreation, commercial. Recreational facilities which are operated for profit or render a service which is customarily considered as a business. ∙ Recreation, residential. Play apparatus such as swing sets and slides, sandboxes, poles for nets, picnic tables, lawn chairs, barbecue stands, and similar equipment or structures, when used on residential property, but not including electronic towers, tree houses, swimming pools, playhouses exceeding twenty-five (25) square feet of floor area, or sheds utilized for storage of equipment. ∙ Recreational vehicles (RVs). Vehicles for recreational or utilitarian uses that can be driven, towed, or hauled. Including, but not limited to, motor homes and travel trailers, snowmobiles, pull campers, all terrain vehicles (ATVs), tent trailers, or other similar vehicles. (revised 02/07/08) ∙ Recreational vehicles (for the purposes of Section 1335 only). A vehicle that is built on a single chassis, is 400 square feet or less when measured at the largest horizontal projection, is designed to be self-propelled or permanently towable by a light duty truck, and is designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. For the purposes of Section 1335, the term recreational vehicle shall be synonymous with the term travel trailer/travel vehicle. (added 05/05/10) ∙ Recreational Vehicles, Utility Trailers, Riding Lawn Mowers, and Watercraft Height. The distance as measured from the ground to the highest point of the recreational vehicle, utility trailer, or watercraft, including any covering, as stored. This does not including antennas and utility/mechanical systems provided they are accessory and take up no more than ten (10) percent of the roof surface area. RVs and watercraft on a trailer shall be measured as one. (revised 02/07/08) ∙ Recreational Vehicles, Utility Trailers, Riding Lawn Mowers, and Watercraft Length. The distance as measured from end to end of the recreational vehicle, utility trailer, or watercraft, including any hitch, motor, and covering, as stored. RVs and watercraft on a trailer shall be measured as one. (revised 02/07/08) ∙ Regional flood. A flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 100-year recurrence interval. Regional flood is synonymous with the term "base flood", 1 percent annual chance flood, or 100-year elevation.
∙ Regulatory flood protection elevation. The regulatory flood protection elevation shall be an elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the flood plain that result from designation of a floodway. (added 05/05/10) ∙ Research animals. Animals kept in a laboratory setting for the purpose of testing and research related health care products. ∙ Research and development facility. Establishments which conduct research, development, or controlled production of high technology electronic, industrial, or scientific products or commodities for sale; or establishments conducting educational or medical research or testing. May include limited accommodations for researchers or research subjects. Research with animals is considered a separate category. (added 7/14/10) ∙ Residence hall, dormitory. A building designed for or used as group living quarters for students of a high school, college, university or seminary, organized and owned, or leased in its entirety, by a high school, college, university or seminary. (added 7/14/10) ∙ Residential facility. Any licensed facility, public or private, which for gain or otherwise, regularly provides one or more persons with a twenty-four (24) hours per day substitute for care, food, lodging, training, education, supervision, habilitation, rehabilitation and treatment they need, but which for any reason cannot be furnished in the person's own home, including but not limited to, state institutions under the control of the commissioner of public welfare, foster homes, residential treatment centers, maternity shelters, group homes, residential programs, or schools for handicapped children. ∙ Restaurant. A business establishment whose principal business is the preparation, service and sale of food and beverages to be consumed by customers while seated at tables or counters located within the building on the premises. ∙ Restaurant, fast food. Any restaurant which meets a number of the following requirements: ∙ Customarily provides quick service to its customers; ∙ Offers to its customers a limited, standardized menu of inexpensive food and/or beverages; ∙ Serves its customers from a counter located within the building on the premises and does not customarily offer service at the table by waiter or waitress; ∙ Allows customers to consume their orders of food and/or beverages at tables or counters within the building, in their automobiles parked on the premises, or away from the premises as the customers choose; ∙ Packages and services a substantial proportion of its food and/or beverages in disposable wrappers, containers, cartons, boxes and bags;
∙ Provides a number of trash, litter, or garbage cans in the parking areas and within the building on the premises for the deposit of the disposable packaging in which the food and/or beverages are provided; ∙ Prepares and cooks a substantial proportion of its food in volume, in advance of orders by customers, and usually in anticipation of predicted volumes of customers at certain times of the day; ∙ Specifies the items of food and/or beverage offered to customers on signs, placards, posters, valances, or boards posted in conspicuous places throughout the building rather than on printed menus given to the customers; ∙ Generates a high volume and rapid flow of in-and-out traffic because of its quick service mode of operation. ∙ Retail sales and service. An establishment engaged principally in the sale or rental of primarily new goods and the provision of services directly to the consumer, excluding those uses defined more specifically in this Code. Motor vehicle sales, motor vehicle leasing and rentals, exterior equipment rental and sales lots, repair garages, pawn shops, thrift stores, and open sales lots are not included in this definition of retail sales and service. (revised 2/29/16) ∙ Roadway. The entirety of a private street and that portion of a public street extending from the back of the curb (i.e., the curbline) on one side to the back of the curb (i.e., the curbline) on the other side, used primarily for vehicular traffic. ∙ Schools, bus terminal. School bus terminal shall be a building or space engaged primarily in the transportation and activities associated with the transportation of students. ∙ Schools, general education. Nursery, primary, elementary and secondary schools. ∙ Schools, specialized education. Trade, vocational, business, barber, beauty, art, music, dancing, driving and other professional schools, with or without on-site housing. (revised 01/20/11) ∙ Service station. A place where gasoline, kerosene, diesel or other motor fuel or lubricating oil or grease for operating motor vehicles are offered for sale to the public and deliveries are made directly into motor vehicles. Includes greasing and oiling, one-bay motor vehicle wash and the sale of automobile accessories on the premises. Also includes minor repairs, incidental body and fender work, minor painting and upholstering, replacement of parts and motor services to passenger automobiles and trucks not exceeding one and one-half (1.5) tons capacity. It shall not include major general repair, rebuilding or reconditioning of engines, motor vehicles or trailers; collision service, including body, frame or fender straightening or repair; overall painting or paint job. ∙ Setback. The minimum horizontal distance between a structure and the ordinary high water level or between a structure and a road, well, highway, or property lines.
∙ Setback, minimum building. The minimum horizontal distance allowed by this Code, between a structure and a lot line. ∙ Shore impact zone. The land located between the ordinary high water level and a line parallel to it at a setback of 50 percent of the structure setback. (revised 02/22/10) ∙ Shoreland. The land located within the following distances from protected waters: ∙ One thousand (1,000) feet from the ordinary high water mark of a lake, pond, or flowage; and ∙ Three hundred (300) feet from a river or stream, or the landward extent of a flood plain on such rivers or streams, whichever is greater. ∙ The practical limits of shorelands may be less than the statutory limits where the limits are designated by natural drainage divides at lesser distances, as shown on the official zoning map of the City. ∙ Sidewalk. A hard surfaced public or private way, used primarily for pedestrian traffic. ∙ Sign. A name, identification, description, display, logo, illustration or device which is affixed to, painted or represented directly or indirectly upon a building or other surface or piece of land, and which directs attention to an object, product, place, activity, person, institution, organization or business. ∙ Significant tree. A tree that is important to the site and the neighborhood character, that is structurally sound and healthy, and that meets at least one of the following standards: (revised 04/28/08) ∙ A deciduous hardwood tree that is at least ten (10) caliper inches, including but not limited to, ironwood, catalpa, oak, hard maple, walnut, hickory, birch, black cherry, hackberry, locust and basswood. ∙ A deciduous softwood tree that is at least twelve (12) caliper inches, including but not limited to, cottonwood, poplars/aspen, box elder, willow, silver maple and elm. ∙ A coniferous evergreen tree having foliage on the outermost portion of the branches year-round and which is at least fifteen (15) feet or more in height. ∙ A group of deciduous trees that are at least eight (8) caliper inches or coniferous trees that are at least fifteen (15) feet in height, that provide a buffer or screening along an adjacent public street or between differing land uses. ∙ Soil processing. The processing of sand, gravel or other materials mined from the land. ∙ Solar Energy System. A system or set of devices whose primary purpose is to collect, convert, store and distribute solar energy, including for heating and cooling of buildings, electricity generation, water heating and other energy-using processes. (added 4/10/2023)
∙ Staging Area. Any exterior area that is used to load, unload, stack, pile, store or assemble materials, equipment or vehicles to be used either on site or off site. ∙ Story. That portion of a building included between the surface of any floor and the surface of the floor next above it, or, if no such floor above, the space between such floor and the ceiling next above it. ∙ Story, half. A space under a sloping roof which has the line of intersection of roof decking and wall face not more than three (3) feet above the top floor level, and in which space not more than two-thirds (2/3) of the floor area is finished for use. A half-story containing independent apartment or living quarters shall be counted as a full story. ∙ Streets. A public or private way, consisting in the case of a private way of a roadway and in the case of a public way of a roadway and a boulevard (the latter of which may contain a sidewalk), used primarily for vehicular traffic, whether designated as a street, avenue, parkway, road, lane, throughway, expressway, highway, place or however otherwise designated. The term "streets" includes the following classifications: ∙ Collector street. A street which carries traffic from local streets to streets and highways of higher classifications. It provides for both land access service and local traffic movements within residential neighborhoods, commercial areas and industrial areas. ∙ Cul-de-sac. A street with a circular turn-a-round and only one outlet. ∙ Local street. A street of limited continuity used primarily for access to the abutting properties and the local needs of a neighborhood. ∙ Minor arterial. A street system that interconnects with and augment the urban major arterial system and provide service to trips of moderate length at somewhat lower level of travel mobility than major arterials. This system distributes travel to geographical areas smaller than those identified with the higher system. ∙ Major arterial. Usually a divided highway with four (4) or more lanes and serves the major centers of activity of a metropolitan area, the highest traffic volume corridors, and the longest trip desire. The major arterial carries a high proportion of the total urban area travel on a minimum mileage. Almost all fully and partially controlled access facilities are a part of this class. ∙ Expressway. A type of major arterial with a controlled access roadway and expressway ramps to provide ingress or egress to other levels of streets. The use of expressway ramps allows the uniform flow of traffic on a major arterial highway without undue delays. ∙ Structural alterations. Any change in the supporting members of a building such as bearing walls, columns, beams or girders, or any substantial changes in the roof and exterior walls. ∙ Structure. Anything constructed, the use of which requires a permanent location on the ground or attachment to something having a permanent location on the ground, including, but not limited to, buildings, factories, sheds, detached garages, cabins,
manufactured homes, signs, recreational vehicles not meeting the exemption criteria otherwise specified in the zoning code, and other similar items. ∙ Structure, accessory. A detached, subordinate structure, the use of which is incidental and related to that of the principal use of or principal structure on the lot on which it is located. ∙ Structure, multiple-occupancy. (See Multiple occupancy building). ∙ Structure, principal. The predominant structure upon a lot in which the principal use of the lot is conducted. ∙ Structure, temporary or portable. A structure which is not intended for permanent occupancy but which may be suitable in certain situations for specific periods of occupancy pending either construction of permanent facilities or a change in conditions that will eliminate the need for the temporary structure. Portable classrooms, portable offices, and air-supported structures are examples of temporary or portable structures. ∙ Studios. A building or space within a building where professional artists, musicians, photographers, dancers, designers, etc. practice their profession or teach; display and sales of products used or produced in the profession is considered an accessory use. ∙ Substantial damage. Damage of any origin sustained by a structure where the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. (added 05/05/10) ∙ Substantial improvement. (added 05/05/10) Within any consecutive 365-day period, any reconstruction, rehabilitation (including normal maintenance and repair), repair after damage, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures that have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either: ∙ Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions. ∙ Any alteration of an "historic structure," provided that the alteration will not preclude the structure's continued designation as an "historic structure." For the purpose of this Ordinance, "historic structure" shall be as defined in 44 Code of Federal Regulations, Part 59.1. ∙ Thrift Store. A business for which the stock of goods is primarily used and may include the following operational characteristics: ∙ Receipt of used items directly from the public at the business location. ∙ Processing, conditioning, cleaning, or repair of used or returned items for resale.
∙ Storage of used items on site for processing, resale, or disposal. ∙ Receipt of goods through purchase, consignment, or donation. (added 2/29/16) ∙ Tower. Any pole, spire or structure, or any combination thereof, to which an antenna is attached, or which is designed for an antenna to be attached, and all supporting lines, cables, wires and braces; including but not limited to a free-standing radio (including ham radio and private radio transmitting) or television receiving antenna, a windmill, and a wind-power generator. ∙ Townhouse. A single-family dwelling, which maintains private ingress and egress, contains no independent dwellings above or below it, and is attached to other similar dwellings by a common wall. ∙ Use. The purpose for which land or premises or a building thereon is designated, arranged or intended, or for which it is or may be occupied or maintained. ∙ Use, accessory. A use which is incidental to the principal use of the lot on which it is maintained or conducted. ∙ Use, principal. The primary or predominant use for which the lot and structure, if any located thereon, is conducted or maintained. ∙ Use, principal multiple-operation. A business or industrial operation which consists of two or more distinguishable uses, all of which are dependent upon each other, but none of which is predominately or clearly the principal use and all of which are generally compatible with the permitted allowable uses in the district. ∙ Use, conditional accessory. A use which is both an accessory use and a conditional use and which, after due consideration by the Commission and Council, pursuant to the applicable procedures contained herein, may be allowed as an accessory use by Conditional Use Permit granted by the Council. ∙ Use, conditional principal. A principle use which, because of unique characteristics, cannot be classified as a permitted principle use in any particular district, and which, after due consideration by the commission and council, pursuant to the applicable procedures contained herein, may nevertheless be allowed on a site in a particular zoning district by Conditional Use Permit be granted by the council. Includes temporary uses which require conditional approval before being allowed. ∙ Utility distribution lines. The distribution facilities of electric power, gas, water and communication companies which directly serve abutting properties. ∙ Utility substation. A structure used for the relay or distribution of electric, water, sewer, telephone, etc., services. ∙ Utility transmission lines. The transmission facilities of electric power and communication companies which do not directly serve abutting properties.
∙ Utility trailer. Equipment used for recreational or utilitarian purposes that can be towed; such as special purpose trailers (i.e. boat trailers, ATV trailers) or other hauling trailers. (revised 02/07/08) ∙ Utility vehicle. A vehicle, with or without a motor, and/or adapted for temporary living, sleeping, business or storage purposes; having a frame, but no foundation other than wheels, blocks, studs, jacks, horses or skirting, which does not reach or meet building code requirements and has been or may be equipped with wheels or other devices for transporting purposes. This term shall include travel trailers, camping trailers, tent trailers, recreation vehicles, farm tractors, riding yard and garden tractors and trailers. A permanent foundation shall not change the character of the vehicle. ∙ Variance. A modification or variation of a specific permitted development standard required as a provision of this Code, to allow an alternative development standard not stated as acceptable in the official control, but only as applied to a particular property for the purpose of alleviating a hardship, practical difficulty or unique circumstance, except that modification in the allowable uses within a district shall not be allowed as a variance. (revised 05/05/10) ∙ Vehicle wash. A building, or portion thereof, which principal use is the washing of vehicles. ∙ Vehicle wrecking yard. Any open space where three (3) or more used motorized vehicles are stored which do not possess current state auto licenses. ∙ Warehousing. The storage and distribution of materials or equipment within an enclosed building, but not including personal storage facility. (revised 7/14/10) ∙ Watercraft. Motorized water-oriented vehicles including, but not limited to, power boats, cruisers, jet skies, fishing/hunting boats, pontoon boats, and any non-motorized craft with greater than a two person capacity. This definition excludes non-motorized one and two person crafts such as canoes, kayaks, and paddle boats. (revised 02/07/08) ∙ Waterfront uses. Boat docks and storage, water recreation equipment and other uses normally associated with to lakeshore property. ∙ Wetlands. Transitional low-lying areas between terrestrial and aquatic systems, either created or natural, covered with shallow and sometimes temporary or intermittent waters as defined in the United States Fish and Wildlife Service Circulator No. 39. This includes, but is not limited to swamps, marshes, bogs, sloughs, wet meadows, and shallow lakes and ponds with emergent vegetation. (revised 02/22/10) ∙ Wetland alteration. Alteration of a wetland includes changes to the wetland and/or wetland buffer strip in regards to size, depth or contour; dredging; tilling; damming; alteration of the watercourse; ditching; tiling; grading; draining; discharge of water; appropriation of water; changes in vegetation; or otherwise altering or destroying a wetland or wetland buffer or their functions. Alterations would not include Native Vegetation plantings or selective clearing or pruning of prohibited or restricted noxious
weeds, unless within a Drainage and Utility Easement in which case submission of and written approval by the City is required. (added 02/22/10) ∙ Wetland buffer strip. An area of vegetated ground cover around the perimeter of a wetland that, either in its natural condition or through intervention, has the characteristics of buffering the wetland from surrounding landscaping. (added 02/22/10) ∙ Wetland delineation. An assessment tool utilized to determine the boundary of a wetland using the US Army Corps of Engineers Wetland Delineation Manual (January 1987) as well as any additional boundary determination requirements established in Minnesota Rules Chapter 8420. A "Wetland Delineation Report" is a document that summarizes the observations, results and conclusions performed during the assessment when wetlands are present. (added 02/22/10) ∙ Yard, front. A yard extending along the full length of the front lot line between the side lot lines. ∙ Yard, minimum required. The minimum open space extending between a minimum building setback line and the adjoining lot line in which a principle building may not be placed and in which accessory buildings may only be placed as regulated in this Code. ∙ Yard, rear. A yard extending across the full width of the lot and measured between the rear line of the lot and the rear line of the main building. ∙ Yard, side. A yard between the building and the adjacent sideline of the lot and extending from the front yard to the rear yard. ∙ Yard area, required rear. The minimum required rear yard depth multiplied by the average width of the total rear yard. ∙ Zoning map. The map or maps incorporated into this Code as a part hereof, delineating the zoning districts.
1325.08 Filling and Excavation. Subd. 1 Permit Required. An administrative permit A Grading and Erosion Control permit also subject to Chapter 15 shall be required for any filling or excavation of up to four hundred (400) cubic yards per parcel, or four hundred (400) cubic yards per acre, whichever is greater. Operations of over the above-described amounts shall be considered land reclamation or mining, and shall require a conditional use permit in accordance with Chapter 8 Section 1355.04, Subd. 3 of the Arden Hills Code of Ordinances. Subd. 2 Exceptions. The following operations are excepted from the preceding permit requirements: A. Excavation related to the construction of a building with a duly issued building permit; B. Filling, excavation, and grading associated with site improvements and site preparation for a duly approved subdivision or site plan; C. A. Excavation for construction of existing public streets and utilities; D. B. Filling, excavation, or movement of less than one hundred fifty(100 50) cubic yards of earth for landscaping purposes on a lot already occupied by a residential structure; E. C. Minor agricultural or conversation conservation operations. Subd. 3 Type of Fill. Fill to be placed on sites shall be subject to City Engineer approval. must be gravel, sand, dirt, clay or other non-decomposable material similar to natural soils found in the upland area of Arden Hills. Building construction materials, concrete, bituminous, and soils containing hazardous or toxic waste, predominately organic materials, household wastes, mechanical debris, etc., shall not be permitted. Subd. 4 Performance Time. Filling and excavation operations for which a permit has been issued shall be completed within a period of one hundred and twenty (120) days from the commencement of the operation, and within one year of the issuance of the permit, unless an extension is requested of and granted by the City Council. Subd. 45 Periodic Operations. Periodic filling or excavation of amounts less than four hundred (400) cubic yards per parcel or per acre shall be allowed under separate administrative Grading and Erosion Control permits until the composite total of such periodic operations exceeds four hundred (400) cubic yards. Further operations will then be subject to a conditional use permit in accordance with Section 1355.04, Subd. 3 the requirements of the Arden Hills Code of Ordinances. Subd. 56 Submissions. The applicant for a Grading and Erosion Control permit shall submit the information outlined in Chapter 15 Section 1520 – Erosion and Sediment Control Plans and Review. following information: A. A legal description, plat, or survey of property to be altered.
B. A statement of purpose for the filling or excavation. C. A plan identifying the areas of the site to be altered, the estimated quantity of material to be moved, the degree of grade adjustment, the proposed finished grade, the existing and proposed drainage pattern, and proposed erosion control measures. A complete grading plan may be required if considered necessary to the evaluation of the request. Subd. 67 Review Procedure. The Grading and Erosion Control permit application shall be reviewed by the City Engineer and other members of the administrative staff to determine the impact of the proposed operations upon drainage patterns, adjacent properties, wetlands, and bodies of water. The permit may be approved as submitted, approved with modifications, or rejected because of specifically stated adverse impacts. If denied, the applicant may appeal the administrative decision to the City Council within ten (10) days.
Section 1510 - Definitions 1510.01 Definitions. For the purposes of this ordinance, the following terms have the meanings given them in this section: ∙ Best Management Practices (BMP). Schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, or stormwater conveyance systems. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage. ∙ Non-structural BMP: Practices that focus on preserving open space, protecting natural systems, and incorporating existing landscape features such as wetlands and stream corridors to manage storm water at its source. Other practices include clustering and concentrating development, minimizing disturbed areas, and reducing the size of impervious areas. ∙ Structural BMP: a physical device that is typically designed and constructed to trap or filter pollutants from runoff, or reduce runoff velocities. ∙ Bluff. A topographic feature such as a hill, cliff, or embankment having the following characteristics (an area with an average slope of less than 18 percent over a distance for 50 feet or more shall not be considered part of the bluff): ∙ Part or all of the topographic feature is located in a shoreland area; ∙ The slope rises at least twenty five (25) feet above the ordinary high water level of the waterbody; ∙ The grade of the slope from the toe, or bottom, of the bluff to a point twenty five (25) feet or more above the ordinary high water level averages thirty percent (30%) or greater; and ∙ The slope must drain toward the waterbody. ∙ Certificate of Completion. The certificate issued after the final inspection of the site has been completed, temporary erosion control has been removed and the site has been fully restored. ∙ Clearing and grubbing. The cutting and removal of trees, shrubs, bushes, windfalls and other vegetation including removal of stumps, roots, and other remains in the designated areas.
∙ Erosion. Any process that wears away the surface of the land by the action of water, wind, ice, gravity and/or land disturbance activities. Erosion can be accelerated by the activities of man and nature. ∙ Erosion and Sediment Control Plan (Plan) is a plan which includes a set of best management practices or equivalent measures designed to control surface runoff and erosion and to retain sediment on a particular site during the period in which pre-construction and construction related land disturbances, fills, and soil storage occur, and before final improvements are completed, all in accordance with the specific requirements set forth in Section 1520. This Plan shall also include permanent measures and Best Management Practices to control post-construction surface runoff and sediment. ∙ Erosion and sediment control practice specifications and erosion and sediment control practices. The management procedures, techniques, and methods to control soil erosion and sedimentation as officially adopted by the City. ∙ Excavation. The mechanical removal of earth material. ∙ Fill. The deposit of soil or other earth materials placed by artificial means. ∙ General Storm Water Permit. The Minnesota Pollution Control Agency's (MPCA) general National Pollutant Discharge Elimination System (NPDES) construction storm water permit covering anyone conducting a land disturbing activity which disturbs one (1) or more acres of total land area. ∙ Grading. Excavation or fill of material, including the resulting conditions thereof. ∙ Land Disturbance Activity. Any land change greater than 5,000 2,500 square feet or 50 cubic yards, or land change on a parcel of land located within 1,000 feet of a shoreland area or adjacent to a surface water that may result in soil erosion from wind, water and/or ice and the movement of sediments into or upon waters or lands of the city, including but not limited to construction, clearing and grubbing, grading, excavating, transporting and filling of land. Land Disturbance Activity does not mean the following: ∙ Minor land disturbance activities such as home gardens and an individual's home landscaping, repairs and maintenance work; ∙ Additions or modifications to existing single-family dwellings or accessory structures that will result in creating under 2,500 square feet of exposed soil and/or impervious surface and less than 50 cubic yards in a shoreland area; ∙ Construction, installation and maintenance of electric, telephone, and cable television utility lines or individual service connection to these utilities, except where a minimum of 5,000 2,500 square feet of land disturbance can be anticipated; ∙ Tilling, planting or harvesting of agricultural, horticultural, or silvicultural crops; ∙ Installation of fence, sign, telephone, and electric poles and other kinds of posts, bollards or poles; and
∙ Emergency work to protect life, limb, or property and emergency repairs. However, if the land disturbing activity would have required an approved Erosion and Sediment Control Plan except for the emergency, then the land area disturbed shall be shaped and stabilized in accordance with the requirement of the PWD when applicable. ∙ Outfall. The point source where a storm sewer system discharges from a pipe, ditch, or other discrete conveyance to receiving waters, or to a storm sewer system owned and operated by another party. ∙ Permittee. A person, firm, sole proprietorship, partnership, corporation, state agency or political subdivision thereof engaged in a land disturbance activity who submits an application to the PWD for a permit pursuant to this ordinance. ∙ Phasing. Clearing a parcel of land in distinct phases, with the stabilization of each phase before the clearing of the next. ∙ Ramsey Conservation District. The Ramsey Soil and Water Conservation District. ∙ Rice Creek Watershed District. An organization which oversees the activities in the Rice Creek watershed as defined by Minnesota Statutes, Sections 103B,and 103D. ∙ Runoff. Rainfall, snowmelt, or irrigation water flowing over the ground surface. ∙ Sediment. Solid mineral or organic material that, in suspension, is being transported, or has been moved from its original site by air, water, gravity, or ice, and has been deposited at another location. ∙ Sedimentation. The process or action of depositing sediment, caused by erosion. ∙ Site. The entire area of land on which the land disturbance activity is proposed in the permit application. ∙ Site Plan. A plan or set of plans showing the details of any land disturbance activity of a site including but not limited to the construction of: structures, open and enclosed drainage facilities, stormwater management facilities, parking lots, driveways, curbs, pavements, sidewalks, bike paths, recreational facilities, ground covers, plantings, and landscaping. ∙ Shoreland. The land located within the following distances from protected waters: ∙ One thousand (1,000) feet from the ordinary high water mark of a lake, pond, or flowage; ∙ Three hundred (300) feet from a river or stream, or the landward extent of a flood plain on such rivers or streams, whichever is greater; and, ∙ The practical limits of shorelands may be less than the statutory limits where the limits are designated by natural drainage divides at lesser distances, as shown on the official map of the City.
∙ Stabilization. The use of measures which protect soil from the erosion forces of wind, rain and flowing water. ∙ Steep Slope. Land where agricultural activity or development is either not recommended or described as poorly suited due to slope steepness and the site's soil characteristics, as mapped and described in available county soil surveys or other technical reports, unless appropriate design and construction techniques and farming practices are used in accordance with the provisions of this chapter. Where specific information is not available, steep slopes are lands having average slopes over twelve percent (12%), as measured over horizontal distances of fifty (50) feet or more, that are not bluffs. ∙ Surface Water or Waters. All streams, lakes, ponds, marshes, wetlands, reservoirs, springs, rivers, drainage systems, waterways, watercourses, and irrigation systems whether natural or artificial, public or private. ∙ Utility. The owner/operator of any underground facility including an underground line, facility, system, and its appurtenances used to produce, store, convey, transmit, or distribute communications, data, electricity, power, heat, gas, oil, petroleum products, water (including stormwater), steam, sewage and other similar substances. ∙ Watercourse. Any natural or improved stream, river, creek, ditch, channel, canal, conduit, gutter, culvert, drain, gully, swale, or wash in which waters flow either continuously or intermittently. ∙ Watershed. A region draining to a specific river, river system, or body of water. ∙ Wetlands. A lowland area such as a marsh, that is saturated with moisture, as defined in Sec. 404, Federal Water Pollution Control Act Amendments of 1987, or the Minnesota Wetland Conservation Act of 1991.
1520.03 Escrow Requirement. After approval of an Erosion and Sediment Control Plan, the PWD may require the Permittee to escrow a sum of money sufficient to ensure the installation, completion, maintenance, inspection, and enforcement of the Erosion and Sediment Control Plan and practices. Escrow amounts shall be set by Ordinance in the City fee schedule. Inspection fees shall be drawn from the escrow. Six months after final inspection, Upon project completion, the remaining escrow shall be returned to the Permittee.