HomeMy WebLinkAboutOrdinance No. 2023-06 Zoning Code Amendment to include Electric Vehicle and Solar Energy Information
ORDINANCE NO. 2023-06
AN ORDINANCE AMENDING CHAPTER 36
CONCERNING SOLAR ENERGY SYSTEMS AND ELECTRIC
VEHICLE SUPPLY INFRASTRUCTURE
The City Council of Edina Ordains:
Section 1. Chapter 36, Article I, Section 36-10 of the Edina City Code is amended as follows:
Sec. 36-10. – Definitions.
Solar energy system means an energy system that consists of one or more solar collection devices,
solar energy related "balance of system" equipment, and other associated infrastructure with the
primary intention of generating electricity, storing electricity, or otherwise converting solar energy
to a different form of energy. Solar energy systems may generate energy in excess of the energy
requirements of a property. Solar energy systems cannot exceed building height requirements.
Residential roof-mounted solar energy systems cannot exceed two feet above the rooftop to which
it is attached. Commercial, flat-roof-mounted solar energy systems cannot exceed four feet from
the roof to which it is attached to.
(1) Carport solar energy system means a solar energy system that is installed on a carport
structure, and which may include electric vehicle supply equipment or energy storage
facilities.
(2) Ground-mounted solar energy system means a solar energy system mounted on a rack or
pole that is ballasted on, or is attached to, the ground.
(3) Roof-mounted solar energy system means a solar energy system mounted on a rack that is
ballasted on, or is attached to, the roof of a building or structure.
Section 2. Chapter 36, Article XII, Division 2, Section1269 of the Edina City Code is amended
as follows:
Sec. 36-1269. – Energy Collection Systems and as a permitted accessory use.
(a) Wind Energy: Facilities and equipment designed for the collection of solar energy or wind
energy shall maintain the same setbacks as are required for principal buildings or structures
and shall not be located within the front yard. Solar energy systems are permitted accessory
uses in all zoning districts.
(b) Solar energy systems may generate energy in excess of the energy requirements of a
property.
(c) Carport solar energy systems are permitted as accessory uses in all districts excluding R-1
and R-2. Carport solar energy systems must have a 17-foot vehicle clearance and may not
exceed 25 feet in height or the maximum building height requirements in the underlying
zoning district.
(d) Ground-mounted solar energy systems are permitted as accessory uses in all districts
excluding R-1 and R-2. Ground-mounted solar energy systems shall not exceed 15 feet in
height when oriented at maximum tilt. Appearance and operation of solar energy systems
shall comply with the Chapter 20 Article VI of the City Code (property maintenance code).
Ground-mounted solar energy systems are exempt from lot coverage and impervious
surface requirements if the area under the system contains vegetative ground cover.
(e) Roof-mounted solar energy systems are permitted accessory uses in all zoning districts.
Residential roof-mounted solar energy systems cannot exceed two feet above the rooftop
to which it is attached. Commercial, flat-roof-mounted solar energy systems cannot exceed
four feet from the roof to which it is attached to.
Section 3. Chapter 36, Article XII, Division 2, Section 1273 of the Edina City Code is amended as
follows:
Sec. 36-1273. – Utility buildings and structures
(a) Utility buildings and structures owned by the City. Utility buildings and structures owned by
the City and used for rendering service to all or any part of the City (but excluding
warehouses, maintenance buildings and storage yards) shall be a permitted principal or
accessory use in all districts.
(b) Other utility buildings and structures. Utility buildings and structures owned by private
utility companies or governmental units other than the City and used for rendering
service to all or any part of the City (but excluding warehouses, maintenance buildings
and storage yards) shall be a conditional use in all districts and shall only be constructed
pursuant to a conditional use permit granted in accordance with article V of this chapter.
(c) Utility poles and wires, water, gas, electric and mechanical equipment regulations.
(1) If the footprint is 36 square feet in area or less, and six feet in height, utility and/or
mechanical equipment shall be permitted at any location in a front, side or rear yard
with no minimum setback from any property line. Electric Vehicle Supply Equipment
(EVSE) height is allowable to eight feet. If utility or mechanical equipment is located
within a city right-of-way, a permit is required.
(2) If the footprint is larger than 36 square feet in area or six feet in height, utility and/or
mechanical equipment shall be required to meet all setback requirements in the
underlying zoning district. Utility and mechanical equipment that is grouped together,
excluding electric vehicle supply equipment (EVSE) owned by electrical utilities with
an active franchise agreement with the City, and in the aggregate exceeds 36 square
feet in area shall also be required to meet all setback requirements in the underlying
zoning district. EVSE with a height greater than eight feet must abide by these
requirements.
(3) Air conditioning units and privately owned mechanical equipment in the R- 1 and R-2
zoning districts shall comply with the setback requirements for accessory buildings
and structures in accordance with the table in section 36-438(1).
(4) All mechanical equipment accessory to any building, except single dwelling unit and
double dwelling unit buildings, shall be screened from all lot lines and streets,
excluding EVSE owned by electrical utilities with an active franchise agreement with
the City, in accordance with section 36-1459.
(5) Noise from mechanical equipment shall be subject to the City's noise regulations
in accordance article II, division 5 of chapter 16.
Section 4. Chapter 36, Article XII, Division 3, Subdivision II, Section 1324 in the Edina City
Code is amended as follows:
Sec. 36-1324. - Parking space reductions.
Reductions. The following off-street parking reductions may be utilized jointly or separately except
as indicated otherwise:
(1) Transit. The required number of spaces for a building may be reduced by ten percent if the
building is located within one-quarter of a mile from a qualified transit stop; to qualify, the
transit stop must be served by regular transit service on all days of the week and adequate
pedestrian access must be available between the transit stop and the parcel. Information
about transit routes and schedules should be posted in public spaces within the building to
encourage the use of transit.
(2) Car-share parking. A reduction of up to one space per reserved parking space for car share
vehicles or five percent of the required parking spaces, whichever is greater, may be
granted for any development that provides reserved parking for car-share vehicles.
Reserved parking spaces for car-share vehicles may be provided in any required or non-
required off-street parking space. Parking spaces for car-share vehicles shall be provided in
convenient, accessible locations within 50 feet of a public entrance to a principal building.
(3) A ten percent reduction in parking may be approved by the City planner or the City planner's
designee provided that one of the following conditions are met:
a. If a residential use: One covered, long-term bicycle parking space per three dwelling units.
b. If a retail or service use: One covered, long-term bicycle parking space per 5,000 square
feet of retail or service uses.
c. 1 short-term bike space per 5,000 s.f. of retail/services uses.
In order to qualify for this reduction, the long-term bicycle parking must:
a. Be protected from weather and from access by unauthorized persons;
b. Consist of bike racks or lockers anchored so that they cannot be easily removed; and
c. Allow both the bicycle frame and the wheels to be locked with the bicycle in an
upright position using a standard U-lock.
(4) The area which would have been occupied by the eliminated parking spaces in items (1) to
(3) above must be devoted to pervious surfaces, stormwater facilities, tree retention or
native landscaping as directed by City planner or City planner's designee.
Section 5. Chapter 36, Article XII, Division 3, Section 26 in the Edina City Code is amended as
follows:
Sec. 36-1326. - Electric vehicle supply equipment (EVSE) parking regulations.
(1) Applicability.
(a) These regulations shall apply to the following zoning districts:
a. Automobile Parking District
b. Mixed Development District
c. Planned Commercial District
d. Planned Industrial District
e. Planned Office District
f. Planned Residence District
g. Planned Unit Development
h. Regional Medical District
(b) Any EVSE installed before the date of adoption of these regulations will be assumed to be
legal, non-conforming structures.
(2) Type of EVSE.
(a) Level 1, Level 2, and Level 3 chargers are permitted as an accessory use in existing parking
structures or parking lots in the abovementioned zoning districts.
(b) An assembly of more than 24 EVSE adjacent to each other is prohibited on a single parcel.
(c) The EVSE must incorporate a cord management system or method to eliminate potential for
cable entanglement, user injury or connector damage from lying on the ground.
(3) EV parking stall requirements.
(a) Parking stalls with EVSE shall count towards off-street parking minimums required in the
zoning code.
(4) Location and Accessibility.
not (a) EVSE may not obstruct a sidewalk or walkway and must minimize trip and
safety hazards.
(b) EVSE must interfere with the right-of-way sight lines.
(c) EVSE and parking stalls served by EVSE shall follow Americans with Disabilities Act
(ADA) requirements.
(5) Parking restrictions/requirements.
(a) Parking stalls served by EVSE shall be reserved for EVs only. The developer or owner shall
include signage and parking restrictions on the stalls to ensure availability and preference
for EVs.
(6) Design, installation, operations and maintenance.
(a) EVSE shall be installed pursuant to manufacturer specification and shall comply with all
applicable state building codes, state fire codes, state electrical codes, and relevant
permitting processes.
(b) EVSE shall be adequately maintained for safety and continual usage, following the
property maintenance code. The area surrounding the EVSE shall be maintained
appropriately to reduce hazards and allow access to EVSE, including snow removal
around the equipment to allow for safety and access.
(c) EVSE signage shall include a phone number to contact for regular maintenance issues and
state to call 911 in case of an emergency.
(d) EVSE signage may include wayfinding and usage instructions, but all other signage must
meet the requirements of City Code Section 36-1655. Signs with a total area of over six
square feet must follow the sign requirements of City Code Section 36-1655.
(7) Definition of Terms
(a) Electric Vehicle (EV): any vehicle that is licensed and registered for operation on public
and private highways, roads, and streets; either partially or exclusively, on electrical
energy from the grid, or an off-board source, that is stored on-board via a battery for
motive purpose. “Electric vehicle” includes:
(1) a battery electric vehicle;
(2) a plug-in hybrid electric vehicle.
(b) Electric Vehicle Supply Equipment (EVSE): provide electric power to the vehicle to
recharge the vehicle's batteries. EVSE systems include the physical charger, software,
and communications protocols that deliver energy efficiently and safely to the vehicle.
EVSE does not include equipment located on the electric vehicles themselves. EVSE
systems do not include mechanical or utility equipment related to delivering energy to
the EVSE system and any connected EV, such as a transformer.
(c) Charging Levels: the standardized indicators of electrical force or voltage, at which an
electric vehicle’s battery is recharged. The terms 1,2, and 3 are the most common
charging levels, and include the following specifications:
(1) Level-1 is considered slow charging. It is considered 120V single phase
EVSE.
(2) Level-2 is considered medium charging. It is considered 208V/240V
single phase AC EVSE.
(3) Level-3 or DC Fast Charging is considered fast or rapid charging. It is
considered AC 208V or 480V, 3 phase supply.
Section 6. Chapter 36, Article XII, Division 5, Section 1457, required screening in the Edina City
Code is amended as follows:
Sec. 36-1457. - Required.
The following uses shall be screened in accordance with the requirements of this subdivision
with the exception of solar energy systems. Solar energy systems are exempt from screening
requirements.
(1) Nonresidential principal buildings or structures, and any building or structure
accessory thereto, shall be screened from lots in the R-1 district which are used for
single dwelling unit buildings and which are located within 200 feet of the
nonresidential use. The distance shall be the shortest distance between the
nonresidential building or structure to be screened and the nearest lot line of the R-
1 district lot, but shall not extend across a street;
(2) Principal buildings or structures, or any building or structure accessory thereto,
located in the Planned Industrial District or Planned Commercial District shall be
screened from lots used for any residential purpose which are located within 200
feet. The distance shall be the shortest distance between the PID or PCD building or
structure to be screened and the nearest lot line of the residential lot, but shall not
extend across a street;
(3) Off-street parking facilities containing six or more spaces and all loading facilities
shall be screened from streets located within 50 feet, and from lots which are used
for any residential purpose which are located within 50 feet. Said distance shall be
the shortest distance between the parking facility or loading facility and the nearest
part of the street or the nearest lot line of the residential lot;
(4) Trash storage facilities, including recycling storage facilities, shall be screened from
all lot lines and public road rights-of-way; and (5) All mechanical equipment accessory to any building, except single dwelling unit and
double dwelling unit buildings, shall be screened from all lot lines and streets,
excluding EVSE owned by electrical utilities with an active franchise agreement
with the City.
Section 7. This ordinance is effective upon second reading of the Ordinance.
First Reading: June 6, 2023
Second Reading: June 20, 2023
Published:
Attest:
Sharon Allison, City Clerk James Hovland, Mayor
Please publish in the Edina Sun Current on:
Send one affidavit of publication.
Bill to Edina City Clerk