HomeMy Public PortalAbout01-13-2015
POSTED IN CITY HALL January 9, 2015
PLANNING COMMISSION AGENDA
TUESDAY, JANUARY 13, 2015
7:00 P.M.
CITY HALL (2052 County Road 24)
1. Call to Order
2. Nominations and Elections for Chair and Vice-Chair for 2015
3. Public Comments on items not on the agenda
4. Update from City Council proceedings
5. Planning Department Report
6. Approval of December 9, 2014 Draft Planning Commission
minutes.
7. Jack Day – 695-765 Tower Drive – Request for Variance
and Site Plan Review to reduce required front yard
setback for parking lot from 25 feet to 10 feet.
8. Public Hearing - Ordinance Amendment to Chapter 8 of the Medina
City Code related to Solar Equipment.
9. Council Meeting Schedule
10. Adjourn
Planning Department Update Page 1 of 2 January 6, 2015
City Council Meeting
MEMORANDUM
TO: Mayor Mitchell and Members of the City Council
FROM: Dusty Finke, City Planner; through City Administrator Scott Johnson
DATE: December 31, 2014
SUBJ: Planning Department Updates January 6, 2015 City Council Meeting
Land Use Application Review
A) Villas at Medina Country Club PUD General Plan and Preliminary Plat – East of CR116, south of
Shawnee Woods Road – Rachel Contracting has requested approval of a subdivision to include 43
single family homes along the west and north of the Medina Golf and Country Club. The applicant
has revised plans to remove 5 units in the northeast portion of the site. The Planning Commission
held a Public Hearing at the November 12 meeting. Commissioners raised concerns, especially
related to the tree removal along Shawnee Woods Road. The City Council reviewed at the December
16 meeting and directed staff to prepare documents of approval. These will be presented at the
January 6 meeting.
B) Dominium Affordable Rental Townhomes – 510 Clydesdale – Dominium has applied for a Stage II
Plan to develop 26 affordable rental townhomes on 3.85 acres. The townhomes would include rent
and income limitations because the developer has received pledges for funding through Minnesota
Housing. The Planning Commission held a Public Hearing at the November 12 meeting and
unanimously recommended approval. The City Council reviewed at the December 2 meeting and
directed staff to prepare resolution of approval. The City Council adopted a resolution approving the
Stage II plan and preliminary plat at the December 16 meeting. The applicant is finalizing the final
plat, which will be reviewed by the Council at the January 6 or January 20 meeting.
C) Munsell Easement Vacation – the property owner of 3157 Wild Flower Trail has requested that the
City vacate a portion of the upland buffer easement behind their home in the Enclave. The existing
35 foot wide buffer easement is around a small wetland located in adjacent open space owned by the
City, but extends into the property. During the development process, City regulations would have
permitted the buffer to be averaged so that it was narrower on the home side and wider in the open
space, but it was not. During construction of the home, a paver patio was inadvertently constructed
in the buffer, so the property owner now requests to average the buffer. A public hearing is
tentatively scheduled for the January 6, 2015 City Council meeting.
D) John Day Companies Variance – 695-775 Tower Drive – Jack Day has requested approval of a
variance to reduce the front parking setback from 25 feet to 10 feet to expand the parking lot on the
subject property. The applicant argues that insufficient parking was constructed in the area upon its
development, and the parking setback constitutes a practical difficulty. The Planning Commission is
scheduled to review at their January 13 meeting.
E) Wakefield Valley Farm – 3385 County Road 24 – The applicant has requested final plat approval.
City Council granted preliminary plat approval during the fall of last year. Staff is conducting a
preliminary review, and the matter is tentatively scheduled for review by the Council on January 20.
F) Property Resources Development Co. (PRDC) Comp Plan Amendment/PUD Concept Plan – West
of Willow Drive, southwest of Deerhill Road – PRDC has requested a Comp Plan Amendment to
reguide 90 acres from Rural Residential to Low Density Residential (2-3.49 units/acre) and also a
PUD Concept Plan for a 99 lot subdivision. The PUD Concept Plan is incomplete at this time and
will be scheduled for review when complete information is submitted. The Comp Plan Amendment
Public Hearing was delayed indefinitely at the request of the applicant.
G) Soiney Right-of-way Vacation – the property owners of 2942 Ardmore Avenue has requested that
the City vacate a portion of the “Palm Street” right-of-way adjacent to their property. The applicant
desires to construct a four-season porch on their property, but cannot do so where desired because of
Planning Department Update Page 2 of 2 January 6, 2015
City Council Meeting
the 30 foot setback from the vacant right-of-way. There is no street within the right-of-way, but it
was platted in a grid pattern in Independence Beach back in the 1920’s. The City Council held a
hearing on the vacation and adopted a resolution vacating the portion of the right-of-way. Staff will
work with the applicant to obtain the replacement easements required by the Council.
H) Wealshire LLC Comp Plan Amendment – Wealshire, LLC has requested a comprehensive Plan
amendment to amend the Future Land Use of approximately 22 acres at the northwest corner of
Mohawk Drive and Chippewa Road from Low Density Residential to Business. The applicant
desires to construct a memory care facility on the property, and this land use would allow for such a
use. The City Council adopted a resolution approving the Comp Plan Amendment and authorizing
submission to the Met Council for approval. Staff has submitted the amendment to the Met Council
and will await a response.
I) St. Peter and Paul Cemetery CUP – St. Peter and Paul church intends to expand their cemetery at
the southeast corner of County Road 19 and Hamel Road. Improvements include new access drives,
landscaping, stormwater improvements and additional grave sites. The Planning Commission held a
Public Hearing at the July 9, 2013 meeting and recommended approval. The City Council adopted a
resolution of approval at the September 2 meeting. Staff will work with the applicant to finalize the
terms and conditions of approval before closing the file.
J) Hamel Place apartment Site Plan Review – 22 Hamel Road – Farhad Hakim has requested approval
of a site plan review to construct a 8-unit apartment building at 22 Hamel Road. The applicant has
also requested that the City consider vacating a portion of an existing utility easement to allow the
structure in this location. The City Council adopted a resolution of approval at the November 5
meeting. The applicant has indicated that they do not intend to start construction until spring. Staff
will work with the applicant on the conditions of approval in the meantime.
K) Woods of Medina, Capital Knoll– these preliminary plats have been approved and staff is awaiting a
final plat application
L) Woodland Hill Preserve, Enclave at Brockton 4th, Hamel Haven, Morrison lot split, Three
Rivers/Reimer Rearrangement subdivision – These subdivisions have all received final approval.
Staff is working with the applicant on the conditions of approval before construction begins.
M) D.R. Horton Stage I Plan – D.R. Horton has requested Stage I Plan approval for development of
Mixed Use property west of Arrowhead, east of Mohawk and north of Highway 55. The entire
property is approximately 84 acres in area (approximately 59 acres upland) and the applicant
proposes 85 single family lots, a 54 unit apartment building and 5 acres of commercial development.
The City Council granted Stage I approval at the January 21, 2014 meeting.
Other Projects
A) Comp Plan Revision Discussion – staff drafted the proposed changes to the Staging and Growth
Plan following the direction of the Planning Commission and City Council. Staff mailed notices for
a Public Hearing at the November 12 Planning Commission meeting. No one was present for the
Hearing. The Commission reviewed the amendment again at their December 9 meeting and
recommended approval. The amendment will be presented to the Council in January.
B) Solar Energy Ordinance – Staff has begun researching options related to solar energy production
following the direction of the City Council at the request of Wright-Hennepin Electric Cooperative.
Staff anticipates preparing the information for the Planning Commission at their January or February
meeting.
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EXISTING CONDITIONS PROPOSED CONDITIONS
SITE AREA = 60284 s.f. SITE AREA = 60284 s.f.
HARD COVER = 405360 s.f. HARD COVER = 44860 s.f.
PERCENT HARD COVER = 67% PERCENT HARD COVER = 74%
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John Day Company Page 1 of 5 January 13, 2015
Variance and Site Plan Review Planning Commission Meeting
MEMORANDUM
TO: Planning Commission
FROM: Dusty Finke, City Planner
DATE: January 7, 2015
MEETING: January 13, 2015 Planning Commission
SUBJ: John Day Companies – Variance and Site Plan Review – 695-765 Tower Dr.
Review Deadline
Complete Application Received: December 12, 2014
Review Deadline: February 10, 2015
Overview of Request
Jack Day has requested a variance and site plan review to construct 25 parking spaces at 695-765
Tower Drive. The parking expansion is proposed 10 feet from the front property line, and the
Commercial-General district requires a setback of 25 feet.
An aerial of the subject site can be found below. The proposed parking expansion is on the east
side of the property, along Tower Drive.
Analysis
John Day Company Page 2 of 5 January 13, 2015
Variance and Site Plan Review Planning Commission Meeting
The location of the proposed parking expansion is existing turf grass. The grade off of the
parking lot falls fairly steeply to Tower Drive. There are a number of trees between Tower Drive
and the existing parking lot. Many of these trees will be removed by the City in connection with
the reconstruction and widening of Tower Drive. The applicant proposes to remove five
additional trees to allow the proposed parking to be constructed.
The applicant states that a practical difficulty exists because the site, and many of the
surrounding properties, was developed with insufficient parking. The applicant states that, over
time, the parking need of office/warehouse uses has increased from what was expected when the
buildings were constructed in the 1980s. The existing site has 24 parking spaces for the 18,800
square feet of building. Presumably, the City determined that this met minimum parking
standards when the building was constructed. If you assume a 60/40 warehouse/office split, the
minimum parking requirement would be 36 parking spaces. The applicant proposes significantly
more parking, but this is partially to provide additional parking for surrounding properties that
they believe are under-parked. Without a variance, no additional parking spaces could be
constructed on the site.
Analysis
Setbacks / Hardcover
The following table summarizes the lot requirements of the Commercial-General district in
comparison to the proposed site plan.
CG District Requirement Proposed Parking Lot
Min. Front Yard Setback 25 feet 10 feet
Min. Side and Rear Yard
Setback
5 feet 15 feet (existing)
Max. Impervious Surfaces 75% 74%
Stormwater and LID Review
The proposed parking lot expansion would add 4,324 square feet of additional hardcover to the
site. The City’s stormwater management ordinance would require improvements to treat the new
hardcover if more than 5,000 square feet is added.
There are no stormwater improvements for the existing hardcover on the property, as it was
developed before such regulations were in place. The maximum hardcover allowance in code
presumes that stormwater improvements are in place. Requiring the full required front yard
setbacks would help reduce untreated hardcover on the site.
Even though the proposed additional hardcover is slightly under the amount which would trigger
stormwater improvements, staff recommends an improvement as a condition of permitting more
hardcover in the setback area than is permitted by code. The City Engineer considered various
improvements, taking into account the location of existing site improvements and existing
topographical conditions. Because of such factors, he recommends that a sump catch basin be
installed in the parking lot rather than a standard catch basin. This improvement would remove
sediment from the stormwater before it discharges to the stormwater conveyance system in
John Day Company Page 3 of 5 January 13, 2015
Variance and Site Plan Review Planning Commission Meeting
Tower Drive. This would treat not only the runoff from the new hardcover, but also much of the
existing stormwater on the site.
Tree Preservation/Landscaping
The applicant proposes to remove the five significant trees which are located on the property.
The tree preservation ordinance is applicable to “removal of more than two (2) Significant Trees
on any property.” In addition to the removal of the first two trees, the tree preservation
ordinance would permit the removal of two additional trees. The remaining tree would be
required to be replaced on an inch:inch basis, requiring replacement of 8 inches of trees.
As noted above, the City will be removing most of the remaining trees along the lot in
connection with the Tower Drive reconstruction this year.
Commercial districts require the following landscaping:
1) 1 overstory tree per 50 feet of lot perimeter: 21 trees
2) 1 ornamental tree per 100 feet of lot perimeter: 11 trees
3) 1 shrub per 30 feet of lot perimeter: 36 shrubs
There would be 6 overstory trees and 4 ornamental trees remaining on the site if the Tower Drive
and proposed parking expansion to forward. The City will be replacing the trees removed by the
street project, likely around 6 trees.
The property is currently non-conforming with regards to landscaping. The applicant proposes
landscaping to plant four trees to account for the required tree replacement, one ornamental tree
and 8 grasses. This, along with the planting by the City in connection with the street project,
would technically not increase the non-conformity of the site.
City Code also requires a minimum 8% of the parking lot area to be landscaped. The existing
parking lot does not conform with this requirement. The applicant proposes 8% of the expanded
parking lot area to be landscaped, with a landscaping island approximately in the middle of the
expanded lot.
The Planning Commission and City Council should review the landscaping plan to see if
additional landscaping is desired as a condition of the reduced setback.
Lighting
The applicant proposes no lighting changes.
Wetlands/Floodplains
No wetlands or floodplains are located on the site or adjacent, and there are no impacts.
John Day Company Page 4 of 5 January 13, 2015
Variance and Site Plan Review Planning Commission Meeting
Review Criteria
According to Subd. 2 of Section 825.45 of the City Code, the City is required to consider the
following criteria when reviewing a variance request:
“Subd. 2. Criteria for Granting Variances.
(a) A variance shall only be granted when it is in harmony with the general purposes and
intent of the ordinance.
(b) A variance shall only be granted when it is consistent with the comprehensive plan.
(c) A variance may be granted when the applicant for the variance establishes that there are
practical difficulties in complying with the zoning ordinance. Economic considerations
alone do not constitute a practical difficulty. In order for a practical difficult to be
established, all of the following criteria shall be met:
(1) The property owner proposes to use the property in a reasonable manner. In
determining if the property owner proposes to use the property in a reasonable
manner, the board shall consider, among other factors, whether the variance
requested is the minimum variance which would alleviate the practical difficulty
and whether the variance confers upon the applicant any special privileges that are
denied to the owners of other lands, structures, or buildings in the same district;
(2) The plight of the landowner is due to circumstances unique to the property not created
by the landowner; and
(3) The variance, if granted, will not alter the essential character of the locality.”
The applicant argues that parking needs for the existing uses have increased over time. The
applicant argues that a practical difficulty exists because insufficient parking exists and there is
no way to expand the parking lot without a variance.
The purpose of a Site Plan Review, as described in Section 825.55, is to review proposed
construction for consistency with City regulations. Obviously, in this case, the proposed
construction does not meet setback requirements. If the City Council does not grant approval of
the variance, the Site Plan Review cannot be approved. If the Council approves the variance, it
appears that other relevant regulations would be met. The City “may condition its approval in
any manner it deems reasonably necessary in order to promote public health, safety or welfare, to
achieve compliance with this ordinance, or to accomplish the purposes of the district in which
the property is located.”
The City has a fair amount of discretion when reviewing requests for variances. In fact, a
variance should only be granted if the City finds that the criteria have been met. Generally, the
City has a low level of discretion when on site plan review applications. If the request is
consistent with City regulations, it should be approved. In this case, the parking addition does
not meet setback requirements without a variance. Therefore, if the variance is not granted, the
Site Plan Review should not be approved.
If the Commission recommends approval, staff would recommend the following conditions:
1) The applicant shall submit final construction plans for review and approval by the City
Engineer. The construction plans shall include a grading plan which shall depict the
grading on the subject site related to the reconstruction of Tower Drive.
John Day Company Page 5 of 5 January 13, 2015
Variance and Site Plan Review Planning Commission Meeting
2) The applicant shall install a sump catch basin in order to capture sediment from the
hardcover on the site. The applicant shall enter into a stormwater maintenance agreement
with the City related to maintenance of the catch basin.
3) The applicant shall install replacement trees as landscaping as described on the plans
received by the City on January 8, 2015 and January 9, 2015. The applicant shall submit
a financial guarantee for the landscaping as required by City Code.
4) The applicant shall permit occupants of surrounding properties they own to utilize the
expanded parking lot, and shall provide signage on other sites and other encouragements
to use the expanded parking lot.
5) The applicant shall utilize the variance within one year of approval, or the variance shall
be considered null and void.
6) The applicant shall pay to the City a fee in an amount sufficient to reimburse the City for
the cost of reviewing the variance, site plan review, and other relevant documents.
Potential Motion
If the Commission finds that the variance criteria are met, the following motion would be in
order:
Move to recommend approval of the variance and site plan review based upon the findings
noted in the staff report and subject to conditions recommended by staff.
Attachments
1. Applicant Narrative
2. Plans received by the City 1/8/2015
3. Landscaping plan
JOHN DAY COMPANY
783 Tower Drive
Medina, Minnesota 55340
(763) 535-4066
JohnDayCompanygaol. com
December 12, 2014
Mr. Dusty Finke
City Planner
City of Medina
2052 County Road 24
Medina, Minnesota 55340
Re: Medina Park
Eight Unit Office/Warehouse
695 — 765 Tower Drive
Medina, MN
PID #12-118-23-23-0042
Request for Variance: Front (East) parking lot setback from 25' to approximate 12' setback
Dear Mr. Finke:
Please consider this letter our formal request that we are seeking from the City of Medina for a minor
front (East) parking lot setback variance to an approximate 10' from a required existing 25' setback at our
existing office/warehouse facility at the captioned address. We are requesting a single variance for
proposes of additional vehicle parking on site. Please see attached site plan for specific locations. This
request for a variance is based upon the following information:
As you know, this industrial park is made of all very small industrial lots in the original plat with the
sizing of building and parking requirements made it very challenging to develop. In fact many lots in this
Park were combined to aid development. Back in the 1985 when we constructed the building the City
approved 23 parking stalls for this 18,765 s.f. facility (2.88 stalls per unit). In general there are only two
parking stalls in front of each of the eight units, with six parking stalls at the north side of the building.
The proposed expansion would give each unit slightly more than double the current parking stalls or 5.88
stalls per unit. With the proposed increase of parking lot the site will go from approximately 67% to 74%
of hard service area coverage.
Since the building was built in the mid 1980's we have found that there is current demand for additional
parking as new tenants moving into these smaller units require a higher percentage of square feet devoted
to office area and less square feet in warehouse space. If you drive in this industrial park on any given
weekday you will find that parking is a premium and that most parking lots are full with cars parked
illegally in off-street drive lanes which can make it unsafe for tenant/visitor use.
Not only are the private parking lots full but both sides of Tower Drive are nearly full of cars parked
during the business day. Tower Drive's two-way traffic has a hard time passing through when there are
parked cars on both sides of the street. We believe that our proposed parking lot expansion would
Mr. Dusty Finke
December 12, 2014
Page 2
alleviate some of the on -street parking issues and thus reducing some of the safety issues as some of our
tenants from our building park in the street.
It appears that several industrial properties along Hamel Road in the immediate industrial park (one of
which we own — 670-672) have less than the required front 25' parking lot setback from the street and we
would like to have the same consideration for this parcel.
With the new City streets (water, sewer, storm water, utilities) being constructed in 2015 it would be a
good time to expand our parking lot and work with City officials to set proper grades, drainage, etc. Our
plan, if approved, would be constructed in conjunction with the City's redevelopment of Tower Drive
next summer.
We respectfully request approval of our variance request of an approximate 12' front yard parking setback
based upon the above stated circumstances.
Thank you for your consideration.
Sincerely,
Jack Day
Managing Partner
Glen Lincoln Partners, LLP
November 5, 2014
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Solar Energy Standards - Urban Communities
Updates funded by a 2008 Minnesota Pollution Control Agency Sustainable Communities Grant
Subsequent changes funded through U.S. Department of Energy Sunshot Initiative Rooftop Solar Challenge
February, 2014
From Policy to Reality
Model Ordinances for Sustainable DevelopmentUpdated^
2000
Environmental
Quality Control Board
2008
Minnesota Pollution
Control Agency
2013
Minnesota Department of
Commerce, Divisino of
Energy Resources
Prepared for the Minnesota Division of Energy Resources by:
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501 Main Street SE #711
Minneapolis, MN 55414
612-588-4904
bross@crplanning.com
Model Sustainable Development Ordinances 1
Solar Energy Standards
INTRODUCTION
In spite of its cold and dark reputation, Minnesota has good solar potential, as good as Houston, Texas and
many parts of Florida. As solar energy system components have become more efficient and less costly an
increasing number of solar energy installations have been installed in Minnesota. Since 2005, the interest in
solar energy has rapidly increased such that many communities have had to address solar installations as a land
use issue. Solar energy components continue to improve in efficiency and decline in price; the U.S. Department
of Energy forecasts that solar energy will start to reach widespread cost parity with retail electric costs by 2016.
But solar energy is much more than an alternative (or supplement) to utility power. Solar energy has become a
symbol of energy self-sufficiency and environmental sustainability. The growth in solar installations is attribut-
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ciency. Volatility in natural gas prices makes free solar fuel look attractive as a price hedge.
Solar energy issues
Local governments will need to address solar energy installations in their development regulation in the near
future. Three primary issues tie solar energy to development regulations:
1) Nuisance and safety considerations. Solar energy systems have few nuisances, but visual impacts and safety
concerns by neighbors sometimes create opposition to solar installations. Good design and attention to
aesthetics can answer most concerns. But the misperception that solar energy systems are ugly and unsafe,
rooted in poorly designed 1970s solar installations, have sometimes resulted in unnecessary regulation or
outright prohibitions.
2) Protecting access to solar resources. Development regulations can limit a property owner’s ability to access their
solar resource. Moreover, solar access can be limited by buildings or vegetation on adjacent lots, and should
be a consideration in zoning districts that allow tall buildings or in developing communities where subdivi-
sions should enhance or protect homeowner’s access direct sunlight.
3) Climate protection goals. Local governments that have committed to meeting climate protection goals can meet
some of their commitment by removing regulatory barriers to solar energy and incorporating low or no-cost
incentives in development regulations to spur solar investment.
Model Solar Energy Standards
This ordinance is based primarily on the model
solar energy ordinance created for Solar Min-
nesota, under a Million Solar Roofs grant from
the U.S. Department of Energy. It has been
updated several times to reflect different needs of
Minnsota communities and the evolving solar
industry, last updated February, 2014
Statutory Solar Access Requirement
Local governments within the seven-county met-
ropolitan region are required under state law
to address solar access in their comprehensive
plans, and thus indirectly in their development
regulation that implements the comprehensive
plan (Minn. Stat. 473.859, Subd. 2[b]). Re-
fer to the Metropolitan Council Land Planning
Handbook for more information.
Model Sustainable Development Ordinances2
Solar Energy Standards
Components of a solar standards ordinance
Solar energy standards should consider the following elements:
• Remove regulatory barriers and create a clear regulatory path (an as-of-right installation) to solar develop-
ment for both accessory and (if appropriate) principal uses such as solar farms and ground-mount commu-
nity shared solar installations.
• Address solar access issues within the subject property to ensure reasonable access not unduly limited by
height, setback, or coverage limitation, recognizing the distinct design and function of solar technologies.
• Define aesthetic standards that retain an as-of-right installation while balancing design concerns in urban
neighborhoods, historic districts, and new subdivisions.
• Address solar access issues across property lines in subdivisions and zoning districts that allow taller build-
ings on smaller (urban density) lots.
• Encourage solar-ready subdivision and building design.
• Incorporate regulatory incentives that can spur private-sector solar investment.
Urban and rural communities
The model ordinance language addresses concerns that are primarily in cities rather than counties or townships.
Issues of solar access and nuisances associated with solar energy systems are of less consequence outside urban
density areas, where lot sizes are almost always greater than one acre. Aesthetic issues or solar access issues
might come into play in lakeshore areas or conservation development areas, where homes are closer together
or protected trees might limit solar access. The incentive potion of the model ordinance can also be applied in
rural areas. Some provisions of this model are applicable to low-density or rural areas, but more appropriate
language is provided in the model County ordinance provided in a separate document.
Principal and accessory uses
This ordinance addresses solar energy as an accessory use to the primary residential or commercial use in an
urban area. Solar energy systems are also sometimes the primary use as on “solar farms” that are large arrays of
hundreds or thousands of ground or pole-mounted panels, or in the case of solar thermal power plants, such as
seen in the desert southwest. These land uses have different issues and need to be addressed in a substantially
different manner than discussed in this model. Sample language addressing these principal solar land uses is
provided in the county model solar ordinance.
Model Sustainable Development Ordinances 3
Solar Energy Standards
Climate Protection Strategies
Solar energy should be part of every commu-
nity’s portfolio for addressing climate change or
energy transitions (also known as “peak oil”)
considerations. Local governments that are par-
ticipating in the Cities for Climate Protection
program, Mayor’s Climate Protection signato-
ries, or the Cool Cities/Cool Counties program
can use private solar investment as a vehicle for
meeting goals. Additional community benefits
that improve sustainability are also spelled out
in the findings section.
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’s citizens by promote the safe, effective and efficient use of ac-
tive solar energy systems installed to reduce the on-site consumption of fossil fuels or utility-supplied
electric energy. The following 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 in residential, commercial,
and industrial buildings to serve the needs of 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 – Efficiently invest in and manage public infrastructure systems to support development
and growth.
B. Climate Change Goals - As a signatory of the Cool Cities program, Model Community has commit-
ted to reducing carbon and other greenhouse gas emissions. Solar energy is an abundant, renewable,
and nonpolluting energy resource and that its conversion to electricity or heat will reduce our depen-
dence on nonrenewable energy resources and decrease 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 under used local energy resource and encouraging the use of
solar energy will diversify the community’s energy supply portfolio and exposure to fiscal risks associ-
ated 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 Comprehen-
sive Plan goals is particularly important when
the solar standards include regulatory incentives
or solar requirements as described in the last
section of this ordinance. If the Comprehensive
Plan does not include goals that could address
solar energy, and the community does not have
some of policy foundation for encouraging pri-
vate investment in solar energy (such as climate
protection goals) the community should consider
creating a local energy plan.
Model Sustainable Development Ordinances4
Solar Energy Standards
III. Definitions
Active Solar Energy System - A solar energy system whose primary purpose is to harvest energy
by transforming solar energy into another form of energy or transferring heat from a collector to
another medium using mechanical, electrical, or chemical means.
Building-integrated Solar Energy Systems - An active 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.
Grid-intertie Solar Energy System - A photovoltaic solar energy system that is connected to an
electric circuit served by an electric utility company.
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 - An active 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 vegeta-
tion, or both, for the purpose of providing access for the benefited land to wind or sunlight passing
over the burdened land.
Renewable Energy System - A solar energy or wind energy system. Renewable energy systems do
not include passive systems that serve a dual function, such as a greenhouse or window.
Roof Pitch - The final exterior slope of a building 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 the solar resource (see definition below) on a lot or building,
including access across adjacent parcel air rights, for the purpose of capturing direct sunlight to oper-
ate a solar energy system.
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
design standards for solar technology, many of
the concepts defined here may be helpful in meet-
ing 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 archi-
tectural changes.
Model Sustainable Development Ordinances 5
Solar Energy Standards
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 any day of the year.
Solar Collector - A device, structure or a part of a device or structure for which the primary purpose
is to transform solar radiant energy into thermal, mechanical, chemical, or electrical energy.
Solar Collector Surface - Any part of a solar collector that absorbs solar energy for use in the
collector’s energy transformation process. Collector surface does not include frames, supports and
mounting hardware.
Solar Daylighting - A device specifically designed to capture and redirect the visible portion of the
solar spectrum, while controlling the infrared portion, for use in illuminating interior building spaces
in lieu of artificial lighting.
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 Device - A system or series of mechanisms designed primarily to provide heating,
cooling, electrical power, mechanical power, solar daylighting or to provide any combination of the
foregoing by means of collecting and transferring solar generated energy into such uses either by
active or passive means. Such systems may also have the capability of storing such energy for future
utilization. Passive solar energy systems shall clearly be designed as a solar energy device such as a
trombe wall and not merely a part of a normal structure such as a window.
Solar Energy System - A device or structural design feature, a substantial purpose of which is to
provide daylight for interior lighting or provide for the collection, storage and distribution of solar
energy for space heating or cooling, electricity generating, or water heating.
Solar Heat Exchanger - A component of a solar energy device that is used to transfer heat from
one substance to another, either liquid or gas.
Solar Hot Air System - (also referred to as Solar Air Heat or Solar Furnace) – An active 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 typically uses a vertically
mounted collector on a south-facing wall.
Solar Hot Water System (also referred to as Solar Thermal) - A system that includes a solar collec-
tor 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 Resource
Understanding what defines a “solar resource”
is foundational to understanding how land use
regulation affects solar development. Solar ener-
gy resources are not simply where sunlight falls.
A solar resource has minimum spatial and tem-
poral characteristics, and needs to be considered
not only today but also into the future. Solar
energy equipment can not function as designed
if installed in partial shade, with too few hours
of daily or annual direct sunlight, or without
southern or near-southern exposure. Many
provisions of the model ordinance are predicated
on the concept that a solar resource has definable
characteristics that are affected by local land use
decisions and regulation.
Model Sustainable Development Ordinances6
Solar Energy Standards
Solar Mounting Devices - Racking, frames, or other devices that allow the mounting of a solar col-
lector onto a roof surface or the ground.
Solar Storage Unit - A component of a solar energy device that is used to store solar generated
electricity or heat for later use.
IV. Permitted Accessory Use - Active solar energy systems shall be allowed as an accessory use in all
zoning classifications where structures of any sort are allowed, subject to certain requirements as set forth
below. Active solar energy systems that do not meet the visibility standards in C. below will require a
conditional use permit, except as provided in Section V. (Administrative Variances).
A. Height - Active solar energy systems must meet the following height requirements:
1. Building- or roof- mounted solar energ y 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 20 feet in height when oriented at
maximum tilt.
B. Set-back - Active 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.
1. Roof-mounted Solar energy systems - In addition to the building setback, the collector surface
and mounting devices for roof-mounted solar energy systems shall not extend beyond the exte-
rior 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.
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.
C. Visibility - Active solar energy systems shall be designed to blend into the architecture of the building
or be screened from routine view from public right-of-ways other than alleys. The color of the solar
collector is not required to be consistent with other roofing materials.
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,
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. This ordinance only addresses build-
ing integrated PV, but examples of building
integrated solar thermal applications may also
be available.
Roof-Mounted Solar Energy Systems
This ordinance sets a threshold for solar panels
that they not be steeper than the finished roof
pitch. Mounted systems steeper than the fin-
ished roof pitch change the appearance of the
roof, and sometimes create additional consider-
ations in regard to the wind and drift load on
structural roof components. Safety risks can
be mitigated through structural review or roof
structure modification if the aesthetic impacts
are not a concern to the community.
Height - Ground or Pole Mounted
This ordinance sets a 20-foot height limit, as-
suming a standard that is higher than typical
height limits for accessory structures, but lower
than the principal structure. Communities may
want to consider balancing height with setback,
allowing taller systems if set back farther, for
instance, an extra foot of height for every addi-
tional two feet of setback.
Height - Rooftop System
This ordinance notes exceptions to the height
standard when other exceptions are granted in
the ordinance. Communities should directly
reference the exception language, rather than use
the placeholder language here.
Model Sustainable Development Ordinances 7
Solar Energy Standards
land use or performance standards for the district in which the building is located.
2. Solar Energy Systems with Mounting Devices - 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. Roof-mount systems that
are visible from the nearest edge of the street frontage right-of-way shall not have a highest
finished pitch steeper than the roof pitch on which the system is mounted, and shall be no
Design Guidelines for Solar Roofs
Pitched Roof
bracket-mounted panels
steeper than roof pitch
flush-mount panels
line of s
i
g
h
t
Design Guidelines for Solar Roofs
Flat Roof
bracket-mounted panels
visible from street
bracket-mounted panels
not visible from street
bracket-mounted panels hidden by parapet
not visible from street
line of s
i
g
h
t
higher than twelve (12) inches above the roof.
3. Coverage - Roof or building mounted solar energy sys-
tems, excluding building-integrated systems, shall allow for
adequate roof access to the south-facing or flat roof upon
which the panels are mounted. The surface area of pole or
ground mount systems shall not exceed half the building
footprint of the principal structure.
4. Historic Buildings - Solar energy systems on buildings
within designated historic districts or on locally designated
historic buildings (exclusive of State or Fedferal historic des-
ignation) will require an administrative variance, as provided
in this ordinance.
D. Approved Solar Components - Electric solar energy system
components must have a UL listing and solar hot water systems
must have an SRCC rating.
E. Plan Approval Required - All solar energy systems shall re-
quire administrative plan approval by Model Community zoning
official.
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.
a. Pitched Roof Mounted Solar Energy Systems - For
all roof-mounted systems other than a flat roof the
elevation must show the highest finished slope of the
Coverage
Roof coverage limitations are generally not neces-
sary, as some of the roof is likely to be shaded or
otherwise not suitable for solar energy. Coverage is
an issue of concern in order to ensure ready roof
access in the event of a fire. Coverage limits can
be a percentage limition, such as 80% of the total
south-facing roof, or a required setback from one
or more edges.
Model Sustainable Development Ordinances8
Solar Energy Standards
solar collector and the slope of the finished roof surface on which it is mounted.
b. Flat Roof Mounted Solar Energy Systems - 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.
2. Plan Approvals - Applications that meet the design requirements of this ordinance, and do not
require an administrative variance, 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.
F. Compliance with Building Code - All active 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.
G. Compliance with State Electric Code - All photovoltaic systems shall comply with the Minnesota
State Electric Code.
H. Compliance with State Plumbing Code - Solar thermal systems shall comply with applicable Min-
nesota State Plumbing Code requirements.
I. 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.
V. Administrative Variance (or conditional use) - Model Community encourages the installation of
productive solar energy systems and recognizes that a balance must be achieved between character and
aesthetic considerations and the reasonable desire of building owners to harvest their renewable energy
resources. Where the standards in Section IV. A., B., or C. cannot be met without diminishing, as defined
below, the minimum reasonable performance of the solar energy system, an administrative variance (or
CUP) may be sought from the zoning official. An administrative variance (or CUP) shall be granted if the
standards are met.
A. Minimum Performance Design Standards - The following design thresholds are necessary for
efficient operation of a solar energy system:
1. Fixed-Mount Active Solar Energy Systems - Solar energy systems must be mounted to face
within 45 degrees of south (180 degrees azimuth).
Administrative Variance
This model language uses an administrative vari-
ance process to balance between aesthetic design
considerations and the building owner’s choice
to use the property for generating renewable en-
ergy. Administrative variances allow staff to
departures from the design standards when such
departures are necessary in order to allow for
efficient harvest of solar energy, without having
to get Planning Commission approval or pay ad-
ditional fees. The administrative variance stan-
dards spell out the conditions that staff would
use to judge if the system genuinely could not
be designed consistently with Section IV. (such
as a lack of solar access except on the front of
the building), and the metrics by which staff
would judge screening or visual integration with
the building. Some communities will have other
means to allow this, or will have a conditional
use permit process that does not create burden-
some additional regulation.
Restrictions on Solar Energy Systems
One of the most common barriers to solar energy
in developing areas are restrictive covenants in
new subdivisions. The covenants are intended to
maintain an the appearance of homes, property
values, and saleability. If, however, the local gov-
ernment provides solar design standards that pro-
tect against poor design of solar accessory uses,
it is reasonable to prevent the developer or hom-
eowner’s association from creating unwarranted
restrictions on a sustainable source of energy.
Model Sustainable Development Ordinances 9
Solar Energy Standards
2. Solar Electric (photovoltaic) Systems - Solar collectors must have a pitch of between 20 and
65 degrees.
3. Solar Hot Water Systems - Solar collectors need to be mounted at a pitch between 40 and 60
degrees.
4. System Location - The system is located where the lot or building has a solar resource.
B. Standards for an Administrative Variance (CUP) - A variance shall be granted by the zoning of-
ficial if the applicant meets the following safety, performance and aesthetic conditions:
1. Aesthetic Conditions - The solar energy system must be designed to blend into the architecture
of the building or be screened from routine view from public right-of-ways other than alleys
to the maximum extent possible while still allowing the system to be mounted for efficient
performance.
2. Safety Conditions - All applicable health and safety standards are met.
3. Non-Tracking Ground-Mounted Systems - Pole-mounted or ground-mounted active solar
energy systems must be set back from the property line by one foot.
VI. Restrictions on Solar Energy Systems Limited - No homeowners’ agreement, covenant, common
interest community, or other contract between multiple property owners within a subdivision of Model
Community shall restrict or limit solar energy systems to a greater extent than Model Community’ solar
energy standards.
VII. Solar Access - Model Community encourages solar access to be protected in all new subdivisions and
allows for existing solar to be protected consistent with Minnesota Statutes.
A. Solar Easements Allowed - Model Community has elected to allow solar easements to be filed,
consistent with Minnesota Stat. Chapter 500 Section 30. Any building owner can purchase an ease-
ment across neighboring properties to protect access to sunlight. The easement is purchased from or
granted by owners of neighboring properties and can apply to buildings, trees, or other structures that
would diminish solar access.
B. Easements within Subdivision Process - Model Community may require 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 so-
lar energy system, at which the solar easement
extends over the real property subject to the
easement, or any other description which de-
fines the three dimensional space, or the place
and times of day in which an obstruction to
direct sunlight is prohibited or limited;
(c) A description of the vertical and horizontal
angles, expressed in degrees, and distances
from the site of the wind power system in
which an obstruction to the winds is prohib-
ited or limited;
(d) Any terms or conditions under which the
easement is granted or may be terminated;
(e) Any provisions for compensation of the
owner of the real property benefiting from the
easement in the event of interference with the
enjoyment of the easement, or compensation
of the owner of the real property subject to
the easement for maintaining the easement;
(f) Any other provisions necessary or desirable to
execute the instrument.
Source: Minnesota Stat. 500.30 Subd. 3.
Model Sustainable Development Ordinances10
Solar Energy Standards
VIII. Renewable Energy Condition for Certain Permits
A. Condition for Rezoning or Conditional Use Permit - Model Community may, in an area where the
local electric distribution system was installed more than twenty years ago, or where the local electric
utility has documented a near-term need for additional distribution substation or conductor capacity,
require on-site renewable energy systems as a condition for a rezoning or a conditional use permit.
1. The renewable energy condition may only be exercised for new construction or major reconstruc-
tion projects.
2. The renewable energy condition may only be exercised for sites that have 90% unimpeded solar
or wind energy access, and for which the renewable energy system can reasonably meet all perfor-
mance standards and building code requirements.
B. Condition for Planned Unit Development (PUD) Approval - Model Community may require on-
site renewable energy systems as a condition for approval of a PUD permit, in order to mitigate for:
1. Risk to the performance of the local electric distribution system,
2. Increased emissions of greenhouse gases,
3. Other risks or effects inconsistent with Model Community’s Comprehensive Plan.
IX. Solar Roof Incentives - Model Community has identified the following incentives for development
applications or subdivisions that will include buildings using active solar energy systems.
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 each
one kilowatt of PV or 64 square feet of solar hot water collector installed for each new residence.
B. Vacant Lot Preference - When Model Community disposes of vacant parcels of land that are under
City ownership through auction, Model Community shall award a 10% bid preference up to $5,000
for every kilowatt of solar capacity that is to be incorporated into the fully-built out parcel, when
awarding the bid. The bidder must also meet all land use and dimensional requirements, and must
post a bond for the amount of the bid preference granted.
C. Solar-Ready Buildings – Model Community encourages builders to use solar-ready design in
buildings. Buildings that submit a completed U.S. EPA’s Renewable Energy Ready Home Solar Photo-
voltaic Checklist and associated documentation will be certified as a Model Community solar ready
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 make requirements or use incentives to
ensure that certain public amenities are included
in development. These same tools and incentives
can be used to encourage private investment in
solar energy. Communities will not want to use
all these incentives, but should select which ones
make the most sense in their community (or cre-
ate some other incentive that encourages solar
energy). As with any incentive, an important ele-
ment of creating the incentive is to engage plan-
ning or economic development staff in the cre-
ation of the incentive, so that staff can assist the
developer in taking advantage of the provisions.
Renewable Energy Conditions
(previous page)
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. This model
ordinance notes these opportunities for consid-
eration by local governments. In most cases,
additional ordinance language would need to be
inserted into the community’s ordinances. For
instance, a provision that PUDs incorporate so-
lar energy would need to be included in the com-
munity’s PUD ordinance, or if a condition of a
CUP was to make the building solar-ready, this
would need to be included in the conditional use
permit section of the ordinance.
Model Sustainable Development Ordinances 11
Solar Energy Standards
home, a designation that will be included in the permit home’s permit history.
D. Solar Access Variance - On a site where the solar access standards of the subdivision ordinance
are difficult to meet due to topography or road connectivity, the zoning administrator shall grant an
administrative exception from the solar access standards provided the applicant meets the following
conditions:
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 an active solar energy system. Photovoltaic systems must be at least one (1) KW in
capacity and solar thermal systems must have at least 64 square feet of collector area.
3. Additional Fees Waived - Model Community will waive any additional fees for filing of
the covenant.
E. Affordable Housing Offset - On a site where 90% of the potential solar access is unimpeded, and
the local electrical distribution system was installed more than twenty years ago, Model Community
may substitute a requirement for grid-intertie photovoltaic systems or active solar thermal systems for
up to 50% of the affordable housing requirement. For each unit of affordable housing for which a
solar energy substitution is made:
1. The photovoltaic system must have at least 2 kilowatts (KW) of capacity with 90% unobstructed
solar access.
2. The active solar thermal system must be sized and have sufficient solar access to generate 75% of
the estimated domestic hot water load for a family of four.
F. Commercial Parking Requirement Offset - On a site where 90% of the potential solar access is
unimpeded, and which has access to mass transit within a block of the development site or which has
an approved Travel Demand Management (TDM) plan, or which has entered into a shared parking
arrangement with another commercial business that has distinct peak parking profiles, Model Com-
munity may substitute a requirement for grid-intertie photovoltaic systems or an active solar thermal
systems for up to 50% of the parking requirement, up to a maximum of 5 spaces. For each parking
space for which a solar energy substitution is made:
1. The photovoltaic system must have at least one (1) kilowatt (KW) of capacity with 90% unob-
structed solar access; or
2. An active solar thermal system must have at least 64 square feet of solar collector, and must have
sufficient summer load to utilize collector output.
Solar Energy Standards - Counties
Funded through U.S. Department of Energy Sunshot Initiative Rooftop Solar Challenge
Revised February, 2014
From Policy to Reality
Model Ordinances for Sustainable DevelopmentUpdated^
2013
Minnesota Department of
Commerce, Division of
Energy Resources,
Minnesota Solar Challenge
Prepared for the Minnesota Department of Commerce by:
Brian Ross
501 Main Street SE #711
Minneapolis, MN 55414
612-588-4904
bross@crplanning.com
Model Sustainable Development Ordinances 1
Solar Energy Standards - Counties
INTRODUCTION
In spite of its cold and dark reputation, Minnesota has good solar potential, as good as Houston, Texas and
many parts of Florida. As solar energy system components have become more efficient and less costly an
increasing number of solar energy installations have been installed in Minnesota. Since 2005, the interest in
solar energy has rapidly increased such that many communities have had to address solar installations as a land
use issue. Moreover, starting in 2014 many utilities will be making new investments in large-scale solar “farms,”
and Minnesota has started to see new “community-shared” solar projects. Solar energy components continue to
improve in efficiency and decline in price; the U.S. Department of Energy forecasts that solar energy will start to
reach widespread cost parity with retail electric costs by 2016; solar is already a cost-competitive option in some
locations.
Solar energy offers retail customers an alternative (or supplement) to utility power. Solar energy has become a
symbol of energy self-sufficiency and environmental sustainability. The growth in solar installations is attribut-
able more to the non-economic benefits than as an economic substitute to the utility. Households and busi-
nesses wanting to reduce their carbon footprint see solar energy as a strong complement to energy efficiency.
Volatility in natural gas or propane prices makes free solar fuel look attractive as a price hedge.
Solar energy issues
Local governments will need to address solar energy installations in their development regulation in the near
future. Three primary issues tie solar energy to development regulations:
1) Protecting access to solar resources. Development regulations can limit a property owner’s ability to access their
solar resource. Moreover, solar access can be limited by buildings or vegetation on adjacent lots, and should
be a consideration in zoning districts that allow tall buildings or in developing communities where subdivi-
sions should enhance or protect homeowner’s access direct sunlight.
2) Nuisance and safety considerations. Solar energy systems have few nuisances, but visual impacts and safety
concerns by neighbors sometimes create opposition to solar installations. Good design and attention to
aesthetics can answer most concerns. But the misperception that solar energy systems are ugly and unsafe,
rooted in poorly designed 1970s solar installations, have sometimes resulted in unnecessary regulation or
outright prohibitions.
3) Climate protection goals. Local governments that have committed to meeting climate protection goals can meet
some of their commitment by removing regulatory barriers to solar energy and incorporating low or no-cost
incentives in development regulations to spur solar investment.
Model Solar Energy Standards
This ordinance was developed for the Minne-
sota Solar Challenge program, co-funded by the
U.S. DOE Rooftop Solar Challenge. It was
developed as a county/rural community version
of the Minnesota model Urban Solar Energy
Standards, and was last updated February,
2014
Statutory Solar Access Requirement
Local governments within the seven-county met-
ropolitan region are required under state law
to address solar access in their comprehensive
plans, and thus indirectly in their development
regulation that implements the comprehensive
plan (Minn. Stat. 473.859, Subd. 2[b]). Re-
fer to the Metropolitan Council Land Planning
Handbook for more information.
Model Sustainable Development Ordinances2
Solar Energy Standards - Counties
Components of a solar standards ordinance
Solar energy standards should consider the following elements:
• Remove regulatory barriers and create a clear regulatory path (an as-of-right installation) to solar develop-
ment for both accessory and (if appropriate) principal uses such as solar farms and ground-mount commu-
nity shared solar installations.
• Address solar access issues within the subject property to ensure reasonable access not unduly limited by
height, setback, or coverage limitation, recognizing the distinct design and function of solar technologies.
• If there are urban density developments, define aesthetic standards that retain an as-of-right installation
while balancing design concerns.
• Encourage solar-ready subdivision and building design.
• Incorporate regulatory incentives that can spur private-sector solar investment.
Urban and rural communities
The model ordinance language addresses concerns that are primarily in counties, townships, and rural areas
rather than cities and urban areas. The incentive potion of the urban model ordinance can be applied in rural
areas, as are provisions addressing solar access and aesthetic considerations in those rural areas with develop-
ment patterns at an urban scale (typically lots smaller than 1 acre).
Principal and accessory uses
This ordinance addresses solar energy as both a principal use and as an accessory use to the primary residential
or commercial use. Counties and rural areas are much more likely to see “solar farms” or ground-mounted
“community solar” installations. These solar installations are large arrays of hundreds or thousands of ground
or pole-mounted panels covering anywhere from a few acres to over 100 acres. These land uses have different
issues and need to be addressed in a substantially different manner than discussed in the urban model ordinance
standards.
Model Sustainable Development Ordinances 3
Solar Energy Standards - Counties
Climate Protection Strategies
Solar energy should be part of every commu-
nity’s portfolio for addressing climate change
or energy independence considerations. Local
governments that are participating in climate
protection programs or the Cool Cities/Cool
Counties program can use private solar invest-
ment as a vehicle for meeting goals. Additional
community benefits that improve sustainability
are also spelled out in the findings section.
I. Scope - This article applies to all solar energy installations in Model County.
II. Purpose - Consistent with the County Comprehensive Plan, the intent of this Section is to allow reason-
able capture and use, by households, businesses, and property owners, of their solar energy resource, and
encourage the development of renewable energy businesses, consistent with community development
standards. Model County has adopted this ordinance 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 County’s citizens by promote the safe, effective and efficient use of active
solar energy systems installed to reduce the on-site consumption of fossil fuels or utility-supplied
electric energy. The following 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 in residential, commercial,
and industrial buildings to serve the needs of current and future generations.
3. Goal – Assist local businesses to lower financial and regulatory risks and improve their economic,
County, and environmental sustainability.
4. Goal – Efficiently invest in and manage public infrastructure systems to support development
and growth.
B. GHG Reduction Goals - Model County has committed to reducing carbon and other greenhouse
gas emissions in its GHG Reduction Plan. Solar energy is an abundant, renewable, and nonpolluting
energy resource and its conversion to electricity or heat will reduce our dependence on nonrenewable
energy resources and decrease the GHG emissions and other air and water pollution that results from
the use of conventional energy sources.
C. Local Resource - Solar energy is an under used local energy resource and encouraging the use of
solar energy will diversify the community’s energy supply portfolio and exposure to fiscal risks associ-
ated with fossil fuels.
D. 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 Comprehen-
sive Plan goals is particularly important when
the solar standards include regulatory incentives
or solar requirements as described in the last
section of this ordinance. If the Comprehensive
Plan does not include goals that could address
solar energy, and the community does not have
some of policy foundation for encouraging pri-
vate investment in solar energy (such as climate
protection goals) the community should consider
creating a local energy plan.
Model Sustainable Development Ordinances4
Solar Energy Standards - Counties
III. Definitions
Building-integrated Solar Energy Systems - An active 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 Solar - A solar-electric (photovoltaic) array 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 system 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.
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 vegeta-
tion, 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 most recent version.
Renewable Energy System - A solar energy or wind energy system. Renewable energy systems do
not include passive systems that serve a dual function, such as a greenhouse or window.
Roof Pitch - The final exterior slope of a building 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 the solar resource (see definition below) on a lot or building,
including access across adjacent parcel air rights, for the purpose of capturing direct sunlight to oper-
ate a solar energy system.
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
design standards for solar technology, many of
the concepts defined here may be helpful in meet-
ing 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 archi-
tectural changes.
Model Sustainable Development Ordinances 5
Solar Energy Standards - Counties
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 any day of the year.
Solar Collector - A device, structure or a part of a device or structure for which the primary purpose
is to transform solar radiant energy into thermal, mechanical, chemical, or electrical energy.
Solar Collector Surface - Any part of a solar collector that absorbs solar energy for use in the
collector’s energy transformation process. Collector surface does not include frames, supports and
mounting hardware.
Solar Daylighting - A device specifically designed to capture and redirect the visible portion of the
solar spectrum, while controlling the infrared portion, for use in illuminating interior building spaces
in lieu of artificial lighting.
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 Device - A system or series of mechanisms designed primarily to provide heating,
cooling, electrical power, mechanical power, solar daylighting or to provide any combination of the
foregoing by means of collecting and transferring solar generated energy into such uses either by
active or passive means. Such systems may also have the capability of storing such energy for future
utilization. Passive solar energy systems are designed as a solar energy device, such as a trombe wall,
and not merely a part of a normal structure such as a window.
Solar Energy System - A device or structural design feature, a substantial purpose of which is to
provide for the collection, storage and distribution of sunlight for space heating or cooling, genera-
tion of electricity, water heating, or providing daylight for interior lighting.
Solar Farm - A commercial facility that converts sunlight into electricity, whether by photovoltaics
(PV), concentrating solar thermal devices (CST), or other conversion technology, for the primary
purpose of wholesale sales of generated electricity. A solar farm is the principal land use for the
parcel on which it is located.
Solar Heat Exchanger - A component of a solar energy device that is used to transfer heat from
one substance to another, either liquid or gas.
Solar Hot Air System - An active 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 typically uses a vertically mounted collector on a south-facing wall.
Solar Resource
Understanding what defines a “solar resource”
is foundational to understanding how land use
regulation affects solar development. Solar ener-
gy resources are not simply where sunlight falls.
A solar resource has minimum spatial and tem-
poral characteristics, and needs to be considered
not only today but also into the future. Solar
energy equipment can not function as designed
if installed in partial shade, with too few hours
of daily or annual direct sunlight, or without
southern or near-southern exposure. Many
provisions of the model ordinance are predicated
on the concept that a solar resource has definable
characteristics that are affected by local land use
decisions and regulation.
Model Sustainable Development Ordinances6
Solar Energy Standards - Counties
Solar Hot Water System (also referred to as Solar Thermal) - A system that includes a solar collec-
tor 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 col-
lector onto a roof surface or the ground.
Solar Storage Unit - A component of a solar energy device that is used to store solar generated
electricity or heat for later use.
IV. General standards - All solar energy systems shall comply with the following standards.
A. Interconnection agreement - All electric solar energy systems that are connected to the electric
distribution or transmission system through the existing service of the primary use on the site shall
obtain an interconnection agreement with the electric utility in whose service territory the system
is located. Solar energy systems connected directly to the distribution or transmission system must
obtain an interconnection agreement with the interconnecting electric utility. Off-grid systems are
exempt from this requirement.
B. UL listing - Electric solar system components that are connected to a building electric system must
have an Underwriters Laboratory (UL) listing.
C. Electric code - All solar installations must comply with the Minnesota and National Electric Code.
D. Building code - All rooftop solar systems shall comply with the Minnesota Building Code.
E. Plumbing Code - Solar thermal hot water systems shall comply with applicable Minnesota State
Plumbing Code requirements.
F. Reflectors - All solar energy systems using a reflector to enhance solar production shall minimize
glare from the reflector affecting adjacent or nearby properties. Measures to minimize glare include
selective placement of the system, screening on the north side of the solar array, modifying the
orientation of the system, reducing use of the reflector system, or other remedies that limit glare.
G. Height limit - Building- or roof- mounted solar systems shall not exceed the maximum allowed
height in any zoning district. For purposes of height measurement, solar systems other than building-
integrated systems shall be considered to be mechanical devices and are restricted consistent with
other building-mounted mechanical devices for the zoning district in which the system is being
Reflectors
Unlike the solar collector, systems that use a
reflector do create a potential glare situation
that may be greater than building windows.
Reflectors are designed to reflect, not absorb,
light. However, the glare risk is intermittent
and seasonal (usually only in the summer, early
morning or late evening, and only for a limited
amount of time). Counties may want to include
provisions regarding reflector glare in the event
that a glare nuisance situation arises in order to
provide guidance for addressing the nuisance.
Glare
Solar collectors (the panels) have glass surfaces
and thus can create glare. However, the glare is
no different than glare from a glass window, and
as panels are pitched toward the sun reflections
are almost always upward. Moreover, solar
panels are specifically designed to be anti-glare,
as reflected light lowers the panel efficacy.
Interconnection
Nearly all solar electric system are “grid-con-
nected,” meaning that the system is connected
to into the electric system of a building that is
connected to the grid, or the solar installation
is connected directly to the grid (such as a solar
farm). In all cases, grid-connected systems need
to have an interconnection agreement with the
electric utility.
Model Sustainable Development Ordinances 7
Solar Energy Standards - Counties
installed, except that solar energy systems shall not be required to be screened.
H. Visibility, commercial installations - Commercial rooftop systems shall be placed on the roof to
limit visibility from the public right-of-way or to blend into the roof design, provided that minimiz-
ing visibility still allows the property owner to reasonably capture solar energy.
V. Standards for specific solar uses. The following standards apply to specific types of solar uses:
A. Rooftop solar energy systems - accessory to the primary land use, designed to supply energy for
the primary use.
(1) These systems are permitted accessory uses in all districts in which buildings are permitted.
(2) No land use permit is required.
B. Ground-mount solar energy systems - accessory to the primary land use, designed to supply
energy for the primary use.
(1) Ground-mount systems are permitted accessory uses in all districts where buildings are
permitted.
(2) Ground-mount systems require a land use permit and are subject to the accessory use standards
for the district in which it is located, including setback, height, and coverage limits.
(3) The collector surface of a ground-mount system and any foundation, compacted soil, or other
component of the solar installation that rests on the ground is considered impervious surface.
Vegetated ground under the collector surface can be used to mitigate stormwater runoff.
C. Community solar energy systems - Roof or ground-mount solar energy systems, may be either
accessory or primary use, designed to supply energy for off-site uses on the distribution grid, consis-
tent with Minn. Statutes 216B.1641 or successor statute.
(1) Rooftop community systems are permitted in all districts where buildings are permitted.
(2) Ground-mount community solar energy systems are conditional uses in all districts.
(3) An interconnection agreement must be completed with the electric utility in whose service terri-
tory the system is located.
(4) All structures must comply with setback, height, and coverage limitations for the district in
which the system is located.
(5) Ground-mount systems must comply with all required standards for structures in the district in
which the system is located.
Impervious Surface and Stormwater
The county should consider an important distinc-
tion between a ground-mount solar array and the
roof of an accessory building; the uncompacted
and vegetated ground under the array can be used
to infiltrate stormwater. Having the infiltration
area does not eliminate all the impacts of the col-
lector surface, but should be considered as a signifi-
cant mitigating factor.
Visibility and Aesthetic Considerations
Not all counties use design or aesthetic standards
for commercial buildings. This standard is pro-
vided as an example for counties that do regulate
commercial building design or the aesthetics of
rooftop equipment. Solar arrays should be treated
similar to other rooftop equipment, while accom-
modating the functioning of the system (screening
requirements render the system useless).
Height Standards
In rural areas the height standards that apply to
the principal and accessory uses are unlikely to
constrain solar development. Solar resources are
unlikely to be constrained by trees or buildings
on adjacent lots, and is likely to have adequate
an solar resource for a ground-mount applica-
tion even if the roof is shaded.
Community Solar or Solar Gardens
Community solar systems differ from rooftop or
solar farm installations primarily in regards to
system ownership and disposition of the electric-
ity generated, rather than land use considerations.
There is, however, a somewhat greater community
interest in community solar, and thus counties
should consider creating a separate category.
Model Sustainable Development Ordinances8
Solar Energy Standards - Counties
D. Solar farms - 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.
(1) Conditional use permit - Solar farms require a conditional use permit.
(2) Stormwater and NPDES - Solar farms are subject to the County’s stormwater management and
erosion and sediment control provisions and NPDES permit requirements.
(3) Foundations - A qualified engineer shall certify that the foundation and design of the solar
panels racking and support is within accepted professional standards, given local soil and climate
conditions.
(4) 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.
(5) 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 the County 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.
(6) 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 the County. The site plan should also show
all zoning districts, and overlay districts.
(7) Aviation Protection - For solar farms located within 500 feet of an airport or within the A or B
safety 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.
(7) Agricultural Protection - Solar farms must comply with site assessment or soil identification
standards that are intended to protect agricultural soils.
(8) Decommissioning - A decommissioning plan shall be required to ensure that facilities are
properly removed after their useful life. Decommissioning of solar panels must occur in the event
they are not in use for 12 consecutive months. The plan shall include provisions for removal of
all structures and foundations, restoration of soil and vegetation and a plan ensuring financial
resources will be available to fully decommission the site. Disposal of structures and/or founda-
Stormwater and NPDES Standards
As noted with ground-mount accessory use
installations, the county needs to understand
the distinction between a ground-mount solar
array and the roof of an accessory building
as regards impervious surfaces. The collector
surface is impervious, but the uncompacted and
vegetated ground under the array can be used to
infiltrate stormwater. A solar farm will almost
always require an NPDES permit. However,
greater attention should be given, in developing
the SWPPP, to how the applicant manages the
ground under the panels than to the panels them-
selves. Perennial grasses planted under the pan-
els and between arrays will substantially mitigate
the effect of the panels on rainwater.
Site Plan
Solar farm developers should provide a site plan
similar to that required by the county for any
other development. Refer to your existing ordi-
nance to guide site plan submittal requirements.
Aviation Standards
This standard was developed for the FAA for
solar installations on airport grounds. It can
also be used for surrounding areas, particularly
for solar farm installations.
Agricultural Protection
If the county has ordinances that protect agricul-
tural soils, this provision applies those same stan-
dards to solar development. Counties should un-
derstand, howver, that solar farms do not pose the
same level or type of risk to agricultural practices
as does housing or commercial development.
Model Sustainable Development Ordinances 9
Solar Energy Standards - Counties
tions shall meet the provisions of the County Solid Waste Ordinance. The County may require
the posting of a bond, letter of credit or the establishment of an escrow account to ensure
proper decommissioning.
V. Non-Conforming Accessory Installations - Model County encourages the installation of produc-
tive solar energy systems and recognizes that dimensional standards, height standards, and other standards
to retain desired character and aesthetic must be balanced with the reasonable desire of building owners
to harvest their renewable energy resources. Where the standards in Section IV. G., or H., cannot be met
without diminishing the minimum reasonable performance of the solar energy system as defined in Sec-
tion V. A., a non-conforming installation can be, if the County so chooses, permitted under a conditional
use permit (CUP).
A. Minimum Performance Design Standards - The following design thresholds are necessary for
efficient operation of a solar energy system:
1. Fixed-Mount Solar Energy Systems - Solar energy systems must be mounted to face within 45
degrees of south (180 degrees azimuth).
2. Solar Electric (photovoltaic) Systems - Solar collectors must have a pitch of between 20 and
65 degrees.
3. Solar Hot Water Systems - Solar collectors must have a pitch between 40 and 60 degrees.
4. System Location- The system is located where the lot or building has a solar resource, as defined
in this ordinance.
B. Standards for granting a CUP - A CUP shall be granted by the zoning official if the applicant meets
the following safety, performance and aesthetic conditions:
1. Aesthetic Conditions - The solar energy system must be designed to blend into the architecture
of the building or be screened from routine view from public right-of-ways to the maximum
extent possible while still allowing the system to achieve efficient performance.
2. Safety Conditions - All applicable health and safety standards are met.
3. Non-Tracking Ground-Mounted Systems - Pole-mounted or ground-mounted active solar
energy systems must be set back from the property line by three feet.
VI. Restrictions on Solar Energy Systems Limited - No homeowners’ agreement, covenant, common
interest community, or other contract between multiple property owners within a subdivision of Model
County shall forbid installation of solar energy systems or create design standards that effectively preclude
solar energy installations.
Non-Conforming Accessory Installations
This provision allows property owners (usually
in small lot areas) who have a solar resource to
apply for a conditional use permit if dimensional
standards or height limits restrict installations
where the resource is located. On large lots di-
mensional or height standards are unlikely to
limit the solar installation.
Homeowners’ Associations
This provision would apply to new subdivisions
and HOAs, and provides very general language
for protecting solar development rights. Alter-
natively, the county could set aesthetic standards
for solar development and limit the HOA from
being more restrictive than the county (see the ur-
ban solar design standards for examples).
Decommissioning Standards
Solar farms should file a decommissioning plan
with the county. Requiring financial surety for
decommissioning may not be justified for small
solar farms, as some farms could be too small to
be able to acquire a bond or similar instrument.
These standards could also apply to Community
Solar installations.
Model Sustainable Development Ordinances10
Solar Energy Standards - Counties
VII. Solar Access - Model County encourages solar access to be protected in all new subdivisions and allows
for existing solar to be protected consistent with Minnesota Statutes.
A. Easements Allowed - Model County has elected to allow solar easements to be filed, consistent
with Minnesota Stat. Chapter 500 Section 30. Any building owner can purchase an easement across
neighboring properties to protect access to sunlight. The easement is purchased from or granted by
owners of neighboring properties and can apply to buildings, trees, or other structures that would
diminish solar access.
B. Subdivision Solar Easements - Model County may require 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.
VIII. Renewable Energy Condition for Certain Permits
A. Condition for Rezoning or Conditional Use Permit - Model County may, in an area where the
local electric distribution system was installed more than twenty years ago, or where the local electric
utility has documented a near-term need for additional distribution substation or conductor capacity,
require on-site renewable energy systems as a condition for a rezoning or a conditional use permit.
1. The renewable energy condition may only be exercised for new construction or major reconstruc-
tion projects.
2. The renewable energy condition may only be exercised for sites that have 90% unimpeded solar
or wind energy access, and for which the renewable energy system can reasonably meet all perfor-
mance standards and building code requirements.
B. Condition for Planned Unit Development (PUD) Approval - Model County may require on-site
renewable energy systems as a condition for approval of a PUD permit, in order to mitigate for:
1. Risk to the performance of the local electric distribution system,
2. Increased emissions of greenhouse gases,
3. Other risks or effects inconsistent with Model County’s Comprehensive Plan.
IX. Solar Roof Incentives - Model County has identified the following incentives for development ap-
plications or subdivisions that will include buildings using active solar energy systems.
A. Density Bonus - Any application for subdivision of land in the ___ Districts that will allow the
Renewable Energy Conditions
The community can use traditional development
tools such as conditional use permits, PUDs,
or other discretionary permits to encourage solar
energy development. This model ordinance notes
these opportunities for consideration by local
governments. In most cases, additional ordinance
language would need to be inserted into the com-
munity’s ordinances. For instance, a provision
that PUDs incorporate solar energy or ensure
the buildings in the PUD are solar-ready con-
struction, the provision should be included in the
community’s PUD ordinance.
Solar Easements
Minnesota allows the purchase and holding of
easements protecting access to solar and wind
energy. Examples of what the easement must
specify are noted below, see the statute for a com-
plete list:
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 so-
lar energy system, at which the solar easement
extends over the real property subject to the
easement, or any other description which de-
fines the three dimensional space, or the place
and times of day in which an obstruction to
direct sunlight is prohibited or limited . . .
Source: Minnesota Stat. 500.30 Subd. 3.
Model Sustainable Development Ordinances 11
Solar Energy Standards - Counties
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 each
two kilowatts of PV or 64 square feet of solar hot water collector installed for each new residence.
B. Solar-Ready Buildings – Model County encourages builders to use solar-ready design in buildings.
Buildings that submit a completed U.S. EPA’s Renewable Energy Ready Home Solar Photovoltaic
Checklist and associated documentation will be certified as a Model County solar ready home, a
designation that will be included in the permit home’s permit history.
C. Solar Access Conditions - On a site where the solar access standards of the subdivision ordinance
are difficult to meet due to topography or road connectivity, the county shall consider non-conform-
ing development patterns as a conditional use provided the applicant meets the following conditions:
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 an active solar energy system. Photovoltaic systems must be at least one (1) KW in
capacity and solar thermal systems must have at least 64 square feet of collector area.
3. Additional Fees Waived - Model County will waive any additional fees for filing of
the covenant.
Solar Access in Subdivisions
Some local governments require solar orientation
of new subdivisions (requiring a south-facing
building or lot line to accommodate solar design
in the buildings). Designing the subdivision
around natural features or contours can make
these provisions difficult to meet. This language
offers an alternative to simply granting a vari-
ance to the solar orientation requirement.
Solar Roof Incentives
This section of the model ordinance provides
examples of incentives that can be incorporated
into development regulation. Most cities and
many counties use incentives to encourage desired
public amenities in new development. These same
tools and incentives can be used to encourage
private investment in solar energy. Communi-
ties will not want to use all these incentives, but
should select which ones make the most sense in
their community (or create some other incen-
tive that encourages solar energy). As with any
incentive, an important element of creating the
incentive is to engage planning or economic de-
velopment staff in the creation of the incentive,
so that staff can assist the developer in taking
advantage of the provisions.
Ordinance Amendment Page 1 of 3 January 13, 2015
Solar Regulations Planning Commission Meeting
MEMORANDUM
TO: Planning Commission
FROM: Dusty Finke, City Planner
DATE: January 8, 2015
MEETING: January 13, 2015 Planning Commission
SUBJ: Solar Regulations – Public Hearing
Background
During the fall of 2014, the City Council briefly discussed regulations related to solar energy
production. Wright-Hennepin Electric Cooperative (WH) attended a Council meeting and
discussed their desire to construct a Community Solar project on property they own in Medina
on Willow Drive, south of Highway 55 (just south of the railroad tracks).
WH operates an electric substation on the property, which occupies only a small portion of the 5-
acre site. Their Community Solar Garden program allows their members to “purchase” a solar
panel within the installation and receive credits back on future bills.
Current City regulations allow solar equipment as an accessory use in essentially every zoning
district. However, code only permits solar equipment if it is attached to a structure. Ground-
mounted panels are not permitted.
The City Council directed staff to review regulations and prepare an amendment which would
permit ground-mounted solar equipment, subject to appropriate limitations. Staff intended to
present the ordinance to the Planning Commission in January, but ran out of time. Nonetheless,
staff wanted to present the subject briefly to the Commission to begin discussions.
Attached is WH’s presentation related to their Community Solar project. Also attached is the
“model solar ordinance” prepared on behalf of the Minnesota Department of Energy.
Existing Regulations
As noted above, solar equipment is an allowed accessory use in almost every district. The code
establishes the following requirements for the installation:
Section 828.09. Solar Equipment. Any equipment or device that utilizes, operates or supplies
energy derived from the sun shall meet the following standards:
Subd. 1. The equipment or device must be affixed to a structure and meet all setback
requirements for principal structures in the zoning district where located.
Subd. 2. The equipment or device may not exceed the height of the building by more than
five feet, and shall cover no more than 70 percent of the roof to which it is affixed.
Subd. 3. The equipment or device must be designed and constructed in compliance with all
applicable building and electrical codes.
Subd. 4. The equipment or device must be in compliance with all state and federal
regulations regarding co-generation of energy.
Ordinance Amendment Page 2 of 3 January 13, 2015
Solar Regulations Planning Commission Meeting
Subd. 5. All solar arrays or panels shall be installed or positioned so as not to cause any glare
or reflective sunlight onto neighboring properties or structures, or obstruct views.
Subd. 6. Solar equipment which is mounted to a roof which is not flat, and which is visible
from the nearest right-of-way, shall not have a finished pitch more than five percent
steeper than the roof.
Subd. 7. The zoning administrator may require compliance with any other conditions,
restrictions or limitations deemed reasonably necessary to protect the residential character
of the neighborhood
Discussion Items
When staff prepares the ordinance amendment, it is likely the following items will be considered.
If desired, the Commission can provide feedback ahead of staff’s work on the ordinance.
Districts to allow Ground Equipment
The requirement for solar equipment to be attached to structures was put in in 2009. The
Council at that time was concerned that the owner of a large rural residential property would
seek to construct a large solar field. The requirement to attach to structures, therefore, came
largely out of a residential viewpoint.
Staff’s initial thought was to permit ground mounted solar equipment in all sewered Commercial,
Business, and Industrial districts. Generally, these districts allow more intensive development,
higher percentage of ground cover and so forth.
The City of Monticello has recently adopted a moratorium on solar equipment within the context
of larger-scale solar farms. Monticello is concerned with under-utilization of City infrastructure
if a property in the City would be covered with solar panels and be put to no other use. Staff
believes that comparative land values and development markets in Medina may make it less
likely that a solar farm would occupy property which would cause similar underutilization
concerns.
Process
The City Council discussed requiring a Conditional Use Permit for ground-mounted solar
equipment. Staff believes this is likely a good idea, especially for larger installations. Staff
believes that it may be worth considering allowing small installations (perhaps a few small
panels or very small compared to the structure on the site) without a CUP, public hearing, and
multi-month process.
Potential Limitations
Setbacks – At the very least, ground mounted solar equipment would be required to meet the
setback requirements for the principal structure on the site. The City may consider requiring
larger setbacks.
% of Lot Area/Building Footprint – If aesthetics or underutilization of infrastructure is a concern,
staff would recommend a limitation on the proportion of the site which can be occupied by
ground-mounted solar equipment.
Ordinance Amendment Page 3 of 3 January 13, 2015
Solar Regulations Planning Commission Meeting
Lot Coverage/Green Space – Staff believes it may be worth considering regulations which would
maintain green space or open space requirements on a site which would not be occupied by solar
panels. One possible approach would be to consider the entire area of the solar array as
hardcover (not just the area of the footings) for the sake of lot coverage. It would not be
necessary to consider the entire area hardcover for the sake of stormwater treatment, but only for
green space calculation.
Screening/Landscaping – Screening and landscaping on the absorption side of the solar panels
would be counterproductive. Such attempts would shade the panels and defeat the purpose for
which they were installed. City Council members did not express much concern with the
aesthetics of the panels, but did discuss screening measures for the “rear” of the panels.
Height – The model solar ordinance recommends allowing a height of up to 20 feet for ground-
mounted solar equipment. This height would be similar to a one-story home with a peaked roof,
or a one-story commercial building with a flat roof.
Potential Motion
Staff welcomes any feedback from the Commission based on the material provided or requests
for any additional information needed. Staff recommends that the Commission open the Public
Hearing and table the hearing to the February Commission meeting.
Move to table the Public Hearing for the ordinance amendment related to regulations related
to solar equipment to the February Commission meeting.
Attachments
1. Wright Hennepin Community Solar information
2. Model Solar Ordinance.
November 5, 2014
WH Solar Goals•Provide “greener” power options for members•Rates that allow for savings over traditional power over time•Ease of entry for members2
WH and Community SolarWH is working to bring renewable energy into the mainstream“Solar made simple”3
Four key demonstration projectsWH and Renewables•2007: 20 KW wind•2009: 2 KW solar •2012: 2 KW tenKsolar•2012: Battery storageWH gives away the energy each monthWH Energy ParkWH shares the results with our Members
S o l a r � M a d e � S i m p l e F e a t u r e s : " P r o d u c e � y o u r � o w n � r e n e w a b l e � e n e r g y " A n y � m e m b e r � c a n � p a r t i c i p a t e " 2 0 y e a r � f i x e d � s o l a r � e n e r g y � r a t e " L o w e r � c o s t � t h r o u g h � e c o n o m y � o f � s c a l e " N o � w o r r i e s � a b o u t � i n s t a l l a t i o n , � m a i n t e n a n c e , � a n d � t a x � c r e d i t s
WH’s research led to…WH Solar Community #1 & #2
WH Solar Community Projects 1 & 2First in MN; 1stin USA with storage40 Members investedPaid up‐front for 20 years of electricityProjects built based on member commitment
Community Solar #3•150 KW array•Less than 1 acre of ground space•Will produce enough energy for about 24 average sized homes•Looking to work with City of Medina on Willow Substation site–Hwy 55 & Willow Dr
Community Solar #3No money down•Rate locked in for 20 years•15.5¢/KWH solar energy rate New
0.100.120.140.160.180.200.220.240.260.28$ per KWHLong‐term Rate Outlook*Estimated Residential Energy Rate*WH Community Solar Energy Rate*based on anticipated wholesale power costsCrossover in about year 5
Other Solar Energy OptionsOption 2:•14.0¢/KWH solar rate; escalates at 2% per yearOption 3:•8.9¢/KWH solar rate + $5.70/panel unit/month reservation feeOption 4:•$2,695 per panel unit upfront; •0¢/KWH solar rate for 20 years
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Commercial/Institutional/Ag•Built to handle a single load•Rate options will allow businesses to choose their method of paying for solar•One‐stop shopping option for businesses•Ag has been fairly strong in last years–Recognition from peers for having solar
Commercial/Institutional/Ag•Great option for businesses or institutions that cannot take advantage tax credits–Schools–Cities–Churches
November 5, 2014
Solar Energy Standards - Urban Communities
Updates funded by a 2008 Minnesota Pollution Control Agency Sustainable Communities Grant
Subsequent changes funded through U.S. Department of Energy Sunshot Initiative Rooftop Solar Challenge
February, 2014
From Policy to Reality
Model Ordinances for Sustainable DevelopmentUpdated^
2000
Environmental
Quality Control Board
2008
Minnesota Pollution
Control Agency
2013
Minnesota Department of
Commerce, Divisino of
Energy Resources
Prepared for the Minnesota Division of Energy Resources by:
Brian Ross
501 Main Street SE #711
Minneapolis, MN 55414
612-588-4904
bross@crplanning.com
Model Sustainable Development Ordinances 1
Solar Energy Standards
INTRODUCTION
In spite of its cold and dark reputation, Minnesota has good solar potential, as good as Houston, Texas and
many parts of Florida. As solar energy system components have become more efficient and less costly an
increasing number of solar energy installations have been installed in Minnesota. Since 2005, the interest in
solar energy has rapidly increased such that many communities have had to address solar installations as a land
use issue. Solar energy components continue to improve in efficiency and decline in price; the U.S. Department
of Energy forecasts that solar energy will start to reach widespread cost parity with retail electric costs by 2016.
But solar energy is much more than an alternative (or supplement) to utility power. Solar energy has become a
symbol of energy self-sufficiency and environmental sustainability. The growth in solar installations is attribut-
able more to the non-economic benefits than as an economic substitute for the electric utility. Households and
businesses wanting to reduce their carbon footprint see solar energy as a strong complement to energy effi-
ciency. Volatility in natural gas prices makes free solar fuel look attractive as a price hedge.
Solar energy issues
Local governments will need to address solar energy installations in their development regulation in the near
future. Three primary issues tie solar energy to development regulations:
1) Nuisance and safety considerations. Solar energy systems have few nuisances, but visual impacts and safety
concerns by neighbors sometimes create opposition to solar installations. Good design and attention to
aesthetics can answer most concerns. But the misperception that solar energy systems are ugly and unsafe,
rooted in poorly designed 1970s solar installations, have sometimes resulted in unnecessary regulation or
outright prohibitions.
2) Protecting access to solar resources. Development regulations can limit a property owner’s ability to access their
solar resource. Moreover, solar access can be limited by buildings or vegetation on adjacent lots, and should
be a consideration in zoning districts that allow tall buildings or in developing communities where subdivi-
sions should enhance or protect homeowner’s access direct sunlight.
3) Climate protection goals. Local governments that have committed to meeting climate protection goals can meet
some of their commitment by removing regulatory barriers to solar energy and incorporating low or no-cost
incentives in development regulations to spur solar investment.
Model Solar Energy Standards
This ordinance is based primarily on the model
solar energy ordinance created for Solar Min-
nesota, under a Million Solar Roofs grant from
the U.S. Department of Energy. It has been
updated several times to reflect different needs of
Minnsota communities and the evolving solar
industry, last updated February, 2014
Statutory Solar Access Requirement
Local governments within the seven-county met-
ropolitan region are required under state law
to address solar access in their comprehensive
plans, and thus indirectly in their development
regulation that implements the comprehensive
plan (Minn. Stat. 473.859, Subd. 2[b]). Re-
fer to the Metropolitan Council Land Planning
Handbook for more information.
Model Sustainable Development Ordinances2
Solar Energy Standards
Components of a solar standards ordinance
Solar energy standards should consider the following elements:
• Remove regulatory barriers and create a clear regulatory path (an as-of-right installation) to solar develop-
ment for both accessory and (if appropriate) principal uses such as solar farms and ground-mount commu-
nity shared solar installations.
• Address solar access issues within the subject property to ensure reasonable access not unduly limited by
height, setback, or coverage limitation, recognizing the distinct design and function of solar technologies.
• Define aesthetic standards that retain an as-of-right installation while balancing design concerns in urban
neighborhoods, historic districts, and new subdivisions.
• Address solar access issues across property lines in subdivisions and zoning districts that allow taller build-
ings on smaller (urban density) lots.
• Encourage solar-ready subdivision and building design.
• Incorporate regulatory incentives that can spur private-sector solar investment.
Urban and rural communities
The model ordinance language addresses concerns that are primarily in cities rather than counties or townships.
Issues of solar access and nuisances associated with solar energy systems are of less consequence outside urban
density areas, where lot sizes are almost always greater than one acre. Aesthetic issues or solar access issues
might come into play in lakeshore areas or conservation development areas, where homes are closer together
or protected trees might limit solar access. The incentive potion of the model ordinance can also be applied in
rural areas. Some provisions of this model are applicable to low-density or rural areas, but more appropriate
language is provided in the model County ordinance provided in a separate document.
Principal and accessory uses
This ordinance addresses solar energy as an accessory use to the primary residential or commercial use in an
urban area. Solar energy systems are also sometimes the primary use as on “solar farms” that are large arrays of
hundreds or thousands of ground or pole-mounted panels, or in the case of solar thermal power plants, such as
seen in the desert southwest. These land uses have different issues and need to be addressed in a substantially
different manner than discussed in this model. Sample language addressing these principal solar land uses is
provided in the county model solar ordinance.
Model Sustainable Development Ordinances 3
Solar Energy Standards
Climate Protection Strategies
Solar energy should be part of every commu-
nity’s portfolio for addressing climate change or
energy transitions (also known as “peak oil”)
considerations. Local governments that are par-
ticipating in the Cities for Climate Protection
program, Mayor’s Climate Protection signato-
ries, or the Cool Cities/Cool Counties program
can use private solar investment as a vehicle for
meeting goals. Additional community benefits
that improve sustainability are also spelled out
in the findings section.
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’s citizens by promote the safe, effective and efficient use of ac-
tive solar energy systems installed to reduce the on-site consumption of fossil fuels or utility-supplied
electric energy. The following 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 in residential, commercial,
and industrial buildings to serve the needs of 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 – Efficiently invest in and manage public infrastructure systems to support development
and growth.
B. Climate Change Goals - As a signatory of the Cool Cities program, Model Community has commit-
ted to reducing carbon and other greenhouse gas emissions. Solar energy is an abundant, renewable,
and nonpolluting energy resource and that its conversion to electricity or heat will reduce our depen-
dence on nonrenewable energy resources and decrease 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 under used local energy resource and encouraging the use of
solar energy will diversify the community’s energy supply portfolio and exposure to fiscal risks associ-
ated 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 Comprehen-
sive Plan goals is particularly important when
the solar standards include regulatory incentives
or solar requirements as described in the last
section of this ordinance. If the Comprehensive
Plan does not include goals that could address
solar energy, and the community does not have
some of policy foundation for encouraging pri-
vate investment in solar energy (such as climate
protection goals) the community should consider
creating a local energy plan.
Model Sustainable Development Ordinances4
Solar Energy Standards
III. Definitions
Active Solar Energy System - A solar energy system whose primary purpose is to harvest energy
by transforming solar energy into another form of energy or transferring heat from a collector to
another medium using mechanical, electrical, or chemical means.
Building-integrated Solar Energy Systems - An active 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.
Grid-intertie Solar Energy System - A photovoltaic solar energy system that is connected to an
electric circuit served by an electric utility company.
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 - An active 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 vegeta-
tion, or both, for the purpose of providing access for the benefited land to wind or sunlight passing
over the burdened land.
Renewable Energy System - A solar energy or wind energy system. Renewable energy systems do
not include passive systems that serve a dual function, such as a greenhouse or window.
Roof Pitch - The final exterior slope of a building 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 the solar resource (see definition below) on a lot or building,
including access across adjacent parcel air rights, for the purpose of capturing direct sunlight to oper-
ate a solar energy system.
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
design standards for solar technology, many of
the concepts defined here may be helpful in meet-
ing 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 archi-
tectural changes.
Model Sustainable Development Ordinances 5
Solar Energy Standards
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 any day of the year.
Solar Collector - A device, structure or a part of a device or structure for which the primary purpose
is to transform solar radiant energy into thermal, mechanical, chemical, or electrical energy.
Solar Collector Surface - Any part of a solar collector that absorbs solar energy for use in the
collector’s energy transformation process. Collector surface does not include frames, supports and
mounting hardware.
Solar Daylighting - A device specifically designed to capture and redirect the visible portion of the
solar spectrum, while controlling the infrared portion, for use in illuminating interior building spaces
in lieu of artificial lighting.
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 Device - A system or series of mechanisms designed primarily to provide heating,
cooling, electrical power, mechanical power, solar daylighting or to provide any combination of the
foregoing by means of collecting and transferring solar generated energy into such uses either by
active or passive means. Such systems may also have the capability of storing such energy for future
utilization. Passive solar energy systems shall clearly be designed as a solar energy device such as a
trombe wall and not merely a part of a normal structure such as a window.
Solar Energy System - A device or structural design feature, a substantial purpose of which is to
provide daylight for interior lighting or provide for the collection, storage and distribution of solar
energy for space heating or cooling, electricity generating, or water heating.
Solar Heat Exchanger - A component of a solar energy device that is used to transfer heat from
one substance to another, either liquid or gas.
Solar Hot Air System - (also referred to as Solar Air Heat or Solar Furnace) – An active 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 typically uses a vertically
mounted collector on a south-facing wall.
Solar Hot Water System (also referred to as Solar Thermal) - A system that includes a solar collec-
tor 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 Resource
Understanding what defines a “solar resource”
is foundational to understanding how land use
regulation affects solar development. Solar ener-
gy resources are not simply where sunlight falls.
A solar resource has minimum spatial and tem-
poral characteristics, and needs to be considered
not only today but also into the future. Solar
energy equipment can not function as designed
if installed in partial shade, with too few hours
of daily or annual direct sunlight, or without
southern or near-southern exposure. Many
provisions of the model ordinance are predicated
on the concept that a solar resource has definable
characteristics that are affected by local land use
decisions and regulation.
Model Sustainable Development Ordinances6
Solar Energy Standards
Solar Mounting Devices - Racking, frames, or other devices that allow the mounting of a solar col-
lector onto a roof surface or the ground.
Solar Storage Unit - A component of a solar energy device that is used to store solar generated
electricity or heat for later use.
IV. Permitted Accessory Use - Active solar energy systems shall be allowed as an accessory use in all
zoning classifications where structures of any sort are allowed, subject to certain requirements as set forth
below. Active solar energy systems that do not meet the visibility standards in C. below will require a
conditional use permit, except as provided in Section V. (Administrative Variances).
A. Height - Active solar energy systems must meet the following height requirements:
1. Building- or roof- mounted solar energ y 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 20 feet in height when oriented at
maximum tilt.
B. Set-back - Active 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.
1. Roof-mounted Solar energy systems - In addition to the building setback, the collector surface
and mounting devices for roof-mounted solar energy systems shall not extend beyond the exte-
rior 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.
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.
C. Visibility - Active solar energy systems shall be designed to blend into the architecture of the building
or be screened from routine view from public right-of-ways other than alleys. The color of the solar
collector is not required to be consistent with other roofing materials.
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,
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. This ordinance only addresses build-
ing integrated PV, but examples of building
integrated solar thermal applications may also
be available.
Roof-Mounted Solar Energy Systems
This ordinance sets a threshold for solar panels
that they not be steeper than the finished roof
pitch. Mounted systems steeper than the fin-
ished roof pitch change the appearance of the
roof, and sometimes create additional consider-
ations in regard to the wind and drift load on
structural roof components. Safety risks can
be mitigated through structural review or roof
structure modification if the aesthetic impacts
are not a concern to the community.
Height - Ground or Pole Mounted
This ordinance sets a 20-foot height limit, as-
suming a standard that is higher than typical
height limits for accessory structures, but lower
than the principal structure. Communities may
want to consider balancing height with setback,
allowing taller systems if set back farther, for
instance, an extra foot of height for every addi-
tional two feet of setback.
Height - Rooftop System
This ordinance notes exceptions to the height
standard when other exceptions are granted in
the ordinance. Communities should directly
reference the exception language, rather than use
the placeholder language here.
Model Sustainable Development Ordinances 7
Solar Energy Standards
land use or performance standards for the district in which the building is located.
2. Solar Energy Systems with Mounting Devices - 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. Roof-mount systems that
are visible from the nearest edge of the street frontage right-of-way shall not have a highest
finished pitch steeper than the roof pitch on which the system is mounted, and shall be no
Design Guidelines for Solar Roofs
Pitched Roof
bracket-mounted panels
steeper than roof pitch
flush-mount panels
line of s
i
g
h
t
Design Guidelines for Solar Roofs
Flat Roof
bracket-mounted panels
visible from street
bracket-mounted panels
not visible from street
bracket-mounted panels hidden by parapet
not visible from street
line of s
i
g
h
t
higher than twelve (12) inches above the roof.
3. Coverage - Roof or building mounted solar energy sys-
tems, excluding building-integrated systems, shall allow for
adequate roof access to the south-facing or flat roof upon
which the panels are mounted. The surface area of pole or
ground mount systems shall not exceed half the building
footprint of the principal structure.
4. Historic Buildings - Solar energy systems on buildings
within designated historic districts or on locally designated
historic buildings (exclusive of State or Fedferal historic des-
ignation) will require an administrative variance, as provided
in this ordinance.
D. Approved Solar Components - Electric solar energy system
components must have a UL listing and solar hot water systems
must have an SRCC rating.
E. Plan Approval Required - All solar energy systems shall re-
quire administrative plan approval by Model Community zoning
official.
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.
a. Pitched Roof Mounted Solar Energy Systems - For
all roof-mounted systems other than a flat roof the
elevation must show the highest finished slope of the
Coverage
Roof coverage limitations are generally not neces-
sary, as some of the roof is likely to be shaded or
otherwise not suitable for solar energy. Coverage is
an issue of concern in order to ensure ready roof
access in the event of a fire. Coverage limits can
be a percentage limition, such as 80% of the total
south-facing roof, or a required setback from one
or more edges.
Model Sustainable Development Ordinances8
Solar Energy Standards
solar collector and the slope of the finished roof surface on which it is mounted.
b. Flat Roof Mounted Solar Energy Systems - 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.
2. Plan Approvals - Applications that meet the design requirements of this ordinance, and do not
require an administrative variance, 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.
F. Compliance with Building Code - All active 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.
G. Compliance with State Electric Code - All photovoltaic systems shall comply with the Minnesota
State Electric Code.
H. Compliance with State Plumbing Code - Solar thermal systems shall comply with applicable Min-
nesota State Plumbing Code requirements.
I. 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.
V. Administrative Variance (or conditional use) - Model Community encourages the installation of
productive solar energy systems and recognizes that a balance must be achieved between character and
aesthetic considerations and the reasonable desire of building owners to harvest their renewable energy
resources. Where the standards in Section IV. A., B., or C. cannot be met without diminishing, as defined
below, the minimum reasonable performance of the solar energy system, an administrative variance (or
CUP) may be sought from the zoning official. An administrative variance (or CUP) shall be granted if the
standards are met.
A. Minimum Performance Design Standards - The following design thresholds are necessary for
efficient operation of a solar energy system:
1. Fixed-Mount Active Solar Energy Systems - Solar energy systems must be mounted to face
within 45 degrees of south (180 degrees azimuth).
Administrative Variance
This model language uses an administrative vari-
ance process to balance between aesthetic design
considerations and the building owner’s choice
to use the property for generating renewable en-
ergy. Administrative variances allow staff to
departures from the design standards when such
departures are necessary in order to allow for
efficient harvest of solar energy, without having
to get Planning Commission approval or pay ad-
ditional fees. The administrative variance stan-
dards spell out the conditions that staff would
use to judge if the system genuinely could not
be designed consistently with Section IV. (such
as a lack of solar access except on the front of
the building), and the metrics by which staff
would judge screening or visual integration with
the building. Some communities will have other
means to allow this, or will have a conditional
use permit process that does not create burden-
some additional regulation.
Restrictions on Solar Energy Systems
One of the most common barriers to solar energy
in developing areas are restrictive covenants in
new subdivisions. The covenants are intended to
maintain an the appearance of homes, property
values, and saleability. If, however, the local gov-
ernment provides solar design standards that pro-
tect against poor design of solar accessory uses,
it is reasonable to prevent the developer or hom-
eowner’s association from creating unwarranted
restrictions on a sustainable source of energy.
Model Sustainable Development Ordinances 9
Solar Energy Standards
2. Solar Electric (photovoltaic) Systems - Solar collectors must have a pitch of between 20 and
65 degrees.
3. Solar Hot Water Systems - Solar collectors need to be mounted at a pitch between 40 and 60
degrees.
4. System Location - The system is located where the lot or building has a solar resource.
B. Standards for an Administrative Variance (CUP) - A variance shall be granted by the zoning of-
ficial if the applicant meets the following safety, performance and aesthetic conditions:
1. Aesthetic Conditions - The solar energy system must be designed to blend into the architecture
of the building or be screened from routine view from public right-of-ways other than alleys
to the maximum extent possible while still allowing the system to be mounted for efficient
performance.
2. Safety Conditions - All applicable health and safety standards are met.
3. Non-Tracking Ground-Mounted Systems - Pole-mounted or ground-mounted active solar
energy systems must be set back from the property line by one foot.
VI. Restrictions on Solar Energy Systems Limited - No homeowners’ agreement, covenant, common
interest community, or other contract between multiple property owners within a subdivision of Model
Community shall restrict or limit solar energy systems to a greater extent than Model Community’ solar
energy standards.
VII. Solar Access - Model Community encourages solar access to be protected in all new subdivisions and
allows for existing solar to be protected consistent with Minnesota Statutes.
A. Solar Easements Allowed - Model Community has elected to allow solar easements to be filed,
consistent with Minnesota Stat. Chapter 500 Section 30. Any building owner can purchase an ease-
ment across neighboring properties to protect access to sunlight. The easement is purchased from or
granted by owners of neighboring properties and can apply to buildings, trees, or other structures that
would diminish solar access.
B. Easements within Subdivision Process - Model Community may require 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 so-
lar energy system, at which the solar easement
extends over the real property subject to the
easement, or any other description which de-
fines the three dimensional space, or the place
and times of day in which an obstruction to
direct sunlight is prohibited or limited;
(c) A description of the vertical and horizontal
angles, expressed in degrees, and distances
from the site of the wind power system in
which an obstruction to the winds is prohib-
ited or limited;
(d) Any terms or conditions under which the
easement is granted or may be terminated;
(e) Any provisions for compensation of the
owner of the real property benefiting from the
easement in the event of interference with the
enjoyment of the easement, or compensation
of the owner of the real property subject to
the easement for maintaining the easement;
(f) Any other provisions necessary or desirable to
execute the instrument.
Source: Minnesota Stat. 500.30 Subd. 3.
Model Sustainable Development Ordinances10
Solar Energy Standards
VIII. Renewable Energy Condition for Certain Permits
A. Condition for Rezoning or Conditional Use Permit - Model Community may, in an area where the
local electric distribution system was installed more than twenty years ago, or where the local electric
utility has documented a near-term need for additional distribution substation or conductor capacity,
require on-site renewable energy systems as a condition for a rezoning or a conditional use permit.
1. The renewable energy condition may only be exercised for new construction or major reconstruc-
tion projects.
2. The renewable energy condition may only be exercised for sites that have 90% unimpeded solar
or wind energy access, and for which the renewable energy system can reasonably meet all perfor-
mance standards and building code requirements.
B. Condition for Planned Unit Development (PUD) Approval - Model Community may require on-
site renewable energy systems as a condition for approval of a PUD permit, in order to mitigate for:
1. Risk to the performance of the local electric distribution system,
2. Increased emissions of greenhouse gases,
3. Other risks or effects inconsistent with Model Community’s Comprehensive Plan.
IX. Solar Roof Incentives - Model Community has identified the following incentives for development
applications or subdivisions that will include buildings using active solar energy systems.
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 each
one kilowatt of PV or 64 square feet of solar hot water collector installed for each new residence.
B. Vacant Lot Preference - When Model Community disposes of vacant parcels of land that are under
City ownership through auction, Model Community shall award a 10% bid preference up to $5,000
for every kilowatt of solar capacity that is to be incorporated into the fully-built out parcel, when
awarding the bid. The bidder must also meet all land use and dimensional requirements, and must
post a bond for the amount of the bid preference granted.
C. Solar-Ready Buildings – Model Community encourages builders to use solar-ready design in
buildings. Buildings that submit a completed U.S. EPA’s Renewable Energy Ready Home Solar Photo-
voltaic Checklist and associated documentation will be certified as a Model Community solar ready
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 make requirements or use incentives to
ensure that certain public amenities are included
in development. These same tools and incentives
can be used to encourage private investment in
solar energy. Communities will not want to use
all these incentives, but should select which ones
make the most sense in their community (or cre-
ate some other incentive that encourages solar
energy). As with any incentive, an important ele-
ment of creating the incentive is to engage plan-
ning or economic development staff in the cre-
ation of the incentive, so that staff can assist the
developer in taking advantage of the provisions.
Renewable Energy Conditions
(previous page)
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. This model
ordinance notes these opportunities for consid-
eration by local governments. In most cases,
additional ordinance language would need to be
inserted into the community’s ordinances. For
instance, a provision that PUDs incorporate so-
lar energy would need to be included in the com-
munity’s PUD ordinance, or if a condition of a
CUP was to make the building solar-ready, this
would need to be included in the conditional use
permit section of the ordinance.
Model Sustainable Development Ordinances 11
Solar Energy Standards
home, a designation that will be included in the permit home’s permit history.
D. Solar Access Variance - On a site where the solar access standards of the subdivision ordinance
are difficult to meet due to topography or road connectivity, the zoning administrator shall grant an
administrative exception from the solar access standards provided the applicant meets the following
conditions:
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 an active solar energy system. Photovoltaic systems must be at least one (1) KW in
capacity and solar thermal systems must have at least 64 square feet of collector area.
3. Additional Fees Waived - Model Community will waive any additional fees for filing of
the covenant.
E. Affordable Housing Offset - On a site where 90% of the potential solar access is unimpeded, and
the local electrical distribution system was installed more than twenty years ago, Model Community
may substitute a requirement for grid-intertie photovoltaic systems or active solar thermal systems for
up to 50% of the affordable housing requirement. For each unit of affordable housing for which a
solar energy substitution is made:
1. The photovoltaic system must have at least 2 kilowatts (KW) of capacity with 90% unobstructed
solar access.
2. The active solar thermal system must be sized and have sufficient solar access to generate 75% of
the estimated domestic hot water load for a family of four.
F. Commercial Parking Requirement Offset - On a site where 90% of the potential solar access is
unimpeded, and which has access to mass transit within a block of the development site or which has
an approved Travel Demand Management (TDM) plan, or which has entered into a shared parking
arrangement with another commercial business that has distinct peak parking profiles, Model Com-
munity may substitute a requirement for grid-intertie photovoltaic systems or an active solar thermal
systems for up to 50% of the parking requirement, up to a maximum of 5 spaces. For each parking
space for which a solar energy substitution is made:
1. The photovoltaic system must have at least one (1) kilowatt (KW) of capacity with 90% unob-
structed solar access; or
2. An active solar thermal system must have at least 64 square feet of solar collector, and must have
sufficient summer load to utilize collector output.
Solar Energy Standards - Counties
Funded through U.S. Department of Energy Sunshot Initiative Rooftop Solar Challenge
Revised February, 2014
From Policy to Reality
Model Ordinances for Sustainable DevelopmentUpdated^
2013
Minnesota Department of
Commerce, Division of
Energy Resources,
Minnesota Solar Challenge
Prepared for the Minnesota Department of Commerce by:
Brian Ross
501 Main Street SE #711
Minneapolis, MN 55414
612-588-4904
bross@crplanning.com
Model Sustainable Development Ordinances 1
Solar Energy Standards - Counties
INTRODUCTION
In spite of its cold and dark reputation, Minnesota has good solar potential, as good as Houston, Texas and
many parts of Florida. As solar energy system components have become more efficient and less costly an
increasing number of solar energy installations have been installed in Minnesota. Since 2005, the interest in
solar energy has rapidly increased such that many communities have had to address solar installations as a land
use issue. Moreover, starting in 2014 many utilities will be making new investments in large-scale solar “farms,”
and Minnesota has started to see new “community-shared” solar projects. Solar energy components continue to
improve in efficiency and decline in price; the U.S. Department of Energy forecasts that solar energy will start to
reach widespread cost parity with retail electric costs by 2016; solar is already a cost-competitive option in some
locations.
Solar energy offers retail customers an alternative (or supplement) to utility power. Solar energy has become a
symbol of energy self-sufficiency and environmental sustainability. The growth in solar installations is attribut-
able more to the non-economic benefits than as an economic substitute to the utility. Households and busi-
nesses wanting to reduce their carbon footprint see solar energy as a strong complement to energy efficiency.
Volatility in natural gas or propane prices makes free solar fuel look attractive as a price hedge.
Solar energy issues
Local governments will need to address solar energy installations in their development regulation in the near
future. Three primary issues tie solar energy to development regulations:
1) Protecting access to solar resources. Development regulations can limit a property owner’s ability to access their
solar resource. Moreover, solar access can be limited by buildings or vegetation on adjacent lots, and should
be a consideration in zoning districts that allow tall buildings or in developing communities where subdivi-
sions should enhance or protect homeowner’s access direct sunlight.
2) Nuisance and safety considerations. Solar energy systems have few nuisances, but visual impacts and safety
concerns by neighbors sometimes create opposition to solar installations. Good design and attention to
aesthetics can answer most concerns. But the misperception that solar energy systems are ugly and unsafe,
rooted in poorly designed 1970s solar installations, have sometimes resulted in unnecessary regulation or
outright prohibitions.
3) Climate protection goals. Local governments that have committed to meeting climate protection goals can meet
some of their commitment by removing regulatory barriers to solar energy and incorporating low or no-cost
incentives in development regulations to spur solar investment.
Model Solar Energy Standards
This ordinance was developed for the Minne-
sota Solar Challenge program, co-funded by the
U.S. DOE Rooftop Solar Challenge. It was
developed as a county/rural community version
of the Minnesota model Urban Solar Energy
Standards, and was last updated February,
2014
Statutory Solar Access Requirement
Local governments within the seven-county met-
ropolitan region are required under state law
to address solar access in their comprehensive
plans, and thus indirectly in their development
regulation that implements the comprehensive
plan (Minn. Stat. 473.859, Subd. 2[b]). Re-
fer to the Metropolitan Council Land Planning
Handbook for more information.
Model Sustainable Development Ordinances2
Solar Energy Standards - Counties
Components of a solar standards ordinance
Solar energy standards should consider the following elements:
• Remove regulatory barriers and create a clear regulatory path (an as-of-right installation) to solar develop-
ment for both accessory and (if appropriate) principal uses such as solar farms and ground-mount commu-
nity shared solar installations.
• Address solar access issues within the subject property to ensure reasonable access not unduly limited by
height, setback, or coverage limitation, recognizing the distinct design and function of solar technologies.
• If there are urban density developments, define aesthetic standards that retain an as-of-right installation
while balancing design concerns.
• Encourage solar-ready subdivision and building design.
• Incorporate regulatory incentives that can spur private-sector solar investment.
Urban and rural communities
The model ordinance language addresses concerns that are primarily in counties, townships, and rural areas
rather than cities and urban areas. The incentive potion of the urban model ordinance can be applied in rural
areas, as are provisions addressing solar access and aesthetic considerations in those rural areas with develop-
ment patterns at an urban scale (typically lots smaller than 1 acre).
Principal and accessory uses
This ordinance addresses solar energy as both a principal use and as an accessory use to the primary residential
or commercial use. Counties and rural areas are much more likely to see “solar farms” or ground-mounted
“community solar” installations. These solar installations are large arrays of hundreds or thousands of ground
or pole-mounted panels covering anywhere from a few acres to over 100 acres. These land uses have different
issues and need to be addressed in a substantially different manner than discussed in the urban model ordinance
standards.
Model Sustainable Development Ordinances 3
Solar Energy Standards - Counties
Climate Protection Strategies
Solar energy should be part of every commu-
nity’s portfolio for addressing climate change
or energy independence considerations. Local
governments that are participating in climate
protection programs or the Cool Cities/Cool
Counties program can use private solar invest-
ment as a vehicle for meeting goals. Additional
community benefits that improve sustainability
are also spelled out in the findings section.
I. Scope - This article applies to all solar energy installations in Model County.
II. Purpose - Consistent with the County Comprehensive Plan, the intent of this Section is to allow reason-
able capture and use, by households, businesses, and property owners, of their solar energy resource, and
encourage the development of renewable energy businesses, consistent with community development
standards. Model County has adopted this ordinance 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 County’s citizens by promote the safe, effective and efficient use of active
solar energy systems installed to reduce the on-site consumption of fossil fuels or utility-supplied
electric energy. The following 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 in residential, commercial,
and industrial buildings to serve the needs of current and future generations.
3. Goal – Assist local businesses to lower financial and regulatory risks and improve their economic,
County, and environmental sustainability.
4. Goal – Efficiently invest in and manage public infrastructure systems to support development
and growth.
B. GHG Reduction Goals - Model County has committed to reducing carbon and other greenhouse
gas emissions in its GHG Reduction Plan. Solar energy is an abundant, renewable, and nonpolluting
energy resource and its conversion to electricity or heat will reduce our dependence on nonrenewable
energy resources and decrease the GHG emissions and other air and water pollution that results from
the use of conventional energy sources.
C. Local Resource - Solar energy is an under used local energy resource and encouraging the use of
solar energy will diversify the community’s energy supply portfolio and exposure to fiscal risks associ-
ated with fossil fuels.
D. 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 Comprehen-
sive Plan goals is particularly important when
the solar standards include regulatory incentives
or solar requirements as described in the last
section of this ordinance. If the Comprehensive
Plan does not include goals that could address
solar energy, and the community does not have
some of policy foundation for encouraging pri-
vate investment in solar energy (such as climate
protection goals) the community should consider
creating a local energy plan.
Model Sustainable Development Ordinances4
Solar Energy Standards - Counties
III. Definitions
Building-integrated Solar Energy Systems - An active 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 Solar - A solar-electric (photovoltaic) array 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 system 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.
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 vegeta-
tion, 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 most recent version.
Renewable Energy System - A solar energy or wind energy system. Renewable energy systems do
not include passive systems that serve a dual function, such as a greenhouse or window.
Roof Pitch - The final exterior slope of a building 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 the solar resource (see definition below) on a lot or building,
including access across adjacent parcel air rights, for the purpose of capturing direct sunlight to oper-
ate a solar energy system.
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
design standards for solar technology, many of
the concepts defined here may be helpful in meet-
ing 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 archi-
tectural changes.
Model Sustainable Development Ordinances 5
Solar Energy Standards - Counties
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 any day of the year.
Solar Collector - A device, structure or a part of a device or structure for which the primary purpose
is to transform solar radiant energy into thermal, mechanical, chemical, or electrical energy.
Solar Collector Surface - Any part of a solar collector that absorbs solar energy for use in the
collector’s energy transformation process. Collector surface does not include frames, supports and
mounting hardware.
Solar Daylighting - A device specifically designed to capture and redirect the visible portion of the
solar spectrum, while controlling the infrared portion, for use in illuminating interior building spaces
in lieu of artificial lighting.
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 Device - A system or series of mechanisms designed primarily to provide heating,
cooling, electrical power, mechanical power, solar daylighting or to provide any combination of the
foregoing by means of collecting and transferring solar generated energy into such uses either by
active or passive means. Such systems may also have the capability of storing such energy for future
utilization. Passive solar energy systems are designed as a solar energy device, such as a trombe wall,
and not merely a part of a normal structure such as a window.
Solar Energy System - A device or structural design feature, a substantial purpose of which is to
provide for the collection, storage and distribution of sunlight for space heating or cooling, genera-
tion of electricity, water heating, or providing daylight for interior lighting.
Solar Farm - A commercial facility that converts sunlight into electricity, whether by photovoltaics
(PV), concentrating solar thermal devices (CST), or other conversion technology, for the primary
purpose of wholesale sales of generated electricity. A solar farm is the principal land use for the
parcel on which it is located.
Solar Heat Exchanger - A component of a solar energy device that is used to transfer heat from
one substance to another, either liquid or gas.
Solar Hot Air System - An active 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 typically uses a vertically mounted collector on a south-facing wall.
Solar Resource
Understanding what defines a “solar resource”
is foundational to understanding how land use
regulation affects solar development. Solar ener-
gy resources are not simply where sunlight falls.
A solar resource has minimum spatial and tem-
poral characteristics, and needs to be considered
not only today but also into the future. Solar
energy equipment can not function as designed
if installed in partial shade, with too few hours
of daily or annual direct sunlight, or without
southern or near-southern exposure. Many
provisions of the model ordinance are predicated
on the concept that a solar resource has definable
characteristics that are affected by local land use
decisions and regulation.
Model Sustainable Development Ordinances6
Solar Energy Standards - Counties
Solar Hot Water System (also referred to as Solar Thermal) - A system that includes a solar collec-
tor 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 col-
lector onto a roof surface or the ground.
Solar Storage Unit - A component of a solar energy device that is used to store solar generated
electricity or heat for later use.
IV. General standards - All solar energy systems shall comply with the following standards.
A. Interconnection agreement - All electric solar energy systems that are connected to the electric
distribution or transmission system through the existing service of the primary use on the site shall
obtain an interconnection agreement with the electric utility in whose service territory the system
is located. Solar energy systems connected directly to the distribution or transmission system must
obtain an interconnection agreement with the interconnecting electric utility. Off-grid systems are
exempt from this requirement.
B. UL listing - Electric solar system components that are connected to a building electric system must
have an Underwriters Laboratory (UL) listing.
C. Electric code - All solar installations must comply with the Minnesota and National Electric Code.
D. Building code - All rooftop solar systems shall comply with the Minnesota Building Code.
E. Plumbing Code - Solar thermal hot water systems shall comply with applicable Minnesota State
Plumbing Code requirements.
F. Reflectors - All solar energy systems using a reflector to enhance solar production shall minimize
glare from the reflector affecting adjacent or nearby properties. Measures to minimize glare include
selective placement of the system, screening on the north side of the solar array, modifying the
orientation of the system, reducing use of the reflector system, or other remedies that limit glare.
G. Height limit - Building- or roof- mounted solar systems shall not exceed the maximum allowed
height in any zoning district. For purposes of height measurement, solar systems other than building-
integrated systems shall be considered to be mechanical devices and are restricted consistent with
other building-mounted mechanical devices for the zoning district in which the system is being
Reflectors
Unlike the solar collector, systems that use a
reflector do create a potential glare situation
that may be greater than building windows.
Reflectors are designed to reflect, not absorb,
light. However, the glare risk is intermittent
and seasonal (usually only in the summer, early
morning or late evening, and only for a limited
amount of time). Counties may want to include
provisions regarding reflector glare in the event
that a glare nuisance situation arises in order to
provide guidance for addressing the nuisance.
Glare
Solar collectors (the panels) have glass surfaces
and thus can create glare. However, the glare is
no different than glare from a glass window, and
as panels are pitched toward the sun reflections
are almost always upward. Moreover, solar
panels are specifically designed to be anti-glare,
as reflected light lowers the panel efficacy.
Interconnection
Nearly all solar electric system are “grid-con-
nected,” meaning that the system is connected
to into the electric system of a building that is
connected to the grid, or the solar installation
is connected directly to the grid (such as a solar
farm). In all cases, grid-connected systems need
to have an interconnection agreement with the
electric utility.
Model Sustainable Development Ordinances 7
Solar Energy Standards - Counties
installed, except that solar energy systems shall not be required to be screened.
H. Visibility, commercial installations - Commercial rooftop systems shall be placed on the roof to
limit visibility from the public right-of-way or to blend into the roof design, provided that minimiz-
ing visibility still allows the property owner to reasonably capture solar energy.
V. Standards for specific solar uses. The following standards apply to specific types of solar uses:
A. Rooftop solar energy systems - accessory to the primary land use, designed to supply energy for
the primary use.
(1) These systems are permitted accessory uses in all districts in which buildings are permitted.
(2) No land use permit is required.
B. Ground-mount solar energy systems - accessory to the primary land use, designed to supply
energy for the primary use.
(1) Ground-mount systems are permitted accessory uses in all districts where buildings are
permitted.
(2) Ground-mount systems require a land use permit and are subject to the accessory use standards
for the district in which it is located, including setback, height, and coverage limits.
(3) The collector surface of a ground-mount system and any foundation, compacted soil, or other
component of the solar installation that rests on the ground is considered impervious surface.
Vegetated ground under the collector surface can be used to mitigate stormwater runoff.
C. Community solar energy systems - Roof or ground-mount solar energy systems, may be either
accessory or primary use, designed to supply energy for off-site uses on the distribution grid, consis-
tent with Minn. Statutes 216B.1641 or successor statute.
(1) Rooftop community systems are permitted in all districts where buildings are permitted.
(2) Ground-mount community solar energy systems are conditional uses in all districts.
(3) An interconnection agreement must be completed with the electric utility in whose service terri-
tory the system is located.
(4) All structures must comply with setback, height, and coverage limitations for the district in
which the system is located.
(5) Ground-mount systems must comply with all required standards for structures in the district in
which the system is located.
Impervious Surface and Stormwater
The county should consider an important distinc-
tion between a ground-mount solar array and the
roof of an accessory building; the uncompacted
and vegetated ground under the array can be used
to infiltrate stormwater. Having the infiltration
area does not eliminate all the impacts of the col-
lector surface, but should be considered as a signifi-
cant mitigating factor.
Visibility and Aesthetic Considerations
Not all counties use design or aesthetic standards
for commercial buildings. This standard is pro-
vided as an example for counties that do regulate
commercial building design or the aesthetics of
rooftop equipment. Solar arrays should be treated
similar to other rooftop equipment, while accom-
modating the functioning of the system (screening
requirements render the system useless).
Height Standards
In rural areas the height standards that apply to
the principal and accessory uses are unlikely to
constrain solar development. Solar resources are
unlikely to be constrained by trees or buildings
on adjacent lots, and is likely to have adequate
an solar resource for a ground-mount applica-
tion even if the roof is shaded.
Community Solar or Solar Gardens
Community solar systems differ from rooftop or
solar farm installations primarily in regards to
system ownership and disposition of the electric-
ity generated, rather than land use considerations.
There is, however, a somewhat greater community
interest in community solar, and thus counties
should consider creating a separate category.
Model Sustainable Development Ordinances8
Solar Energy Standards - Counties
D. Solar farms - 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.
(1) Conditional use permit - Solar farms require a conditional use permit.
(2) Stormwater and NPDES - Solar farms are subject to the County’s stormwater management and
erosion and sediment control provisions and NPDES permit requirements.
(3) Foundations - A qualified engineer shall certify that the foundation and design of the solar
panels racking and support is within accepted professional standards, given local soil and climate
conditions.
(4) 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.
(5) 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 the County 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.
(6) 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 the County. The site plan should also show
all zoning districts, and overlay districts.
(7) Aviation Protection - For solar farms located within 500 feet of an airport or within the A or B
safety 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.
(7) Agricultural Protection - Solar farms must comply with site assessment or soil identification
standards that are intended to protect agricultural soils.
(8) Decommissioning - A decommissioning plan shall be required to ensure that facilities are
properly removed after their useful life. Decommissioning of solar panels must occur in the event
they are not in use for 12 consecutive months. The plan shall include provisions for removal of
all structures and foundations, restoration of soil and vegetation and a plan ensuring financial
resources will be available to fully decommission the site. Disposal of structures and/or founda-
Stormwater and NPDES Standards
As noted with ground-mount accessory use
installations, the county needs to understand
the distinction between a ground-mount solar
array and the roof of an accessory building
as regards impervious surfaces. The collector
surface is impervious, but the uncompacted and
vegetated ground under the array can be used to
infiltrate stormwater. A solar farm will almost
always require an NPDES permit. However,
greater attention should be given, in developing
the SWPPP, to how the applicant manages the
ground under the panels than to the panels them-
selves. Perennial grasses planted under the pan-
els and between arrays will substantially mitigate
the effect of the panels on rainwater.
Site Plan
Solar farm developers should provide a site plan
similar to that required by the county for any
other development. Refer to your existing ordi-
nance to guide site plan submittal requirements.
Aviation Standards
This standard was developed for the FAA for
solar installations on airport grounds. It can
also be used for surrounding areas, particularly
for solar farm installations.
Agricultural Protection
If the county has ordinances that protect agricul-
tural soils, this provision applies those same stan-
dards to solar development. Counties should un-
derstand, howver, that solar farms do not pose the
same level or type of risk to agricultural practices
as does housing or commercial development.
Model Sustainable Development Ordinances 9
Solar Energy Standards - Counties
tions shall meet the provisions of the County Solid Waste Ordinance. The County may require
the posting of a bond, letter of credit or the establishment of an escrow account to ensure
proper decommissioning.
V. Non-Conforming Accessory Installations - Model County encourages the installation of produc-
tive solar energy systems and recognizes that dimensional standards, height standards, and other standards
to retain desired character and aesthetic must be balanced with the reasonable desire of building owners
to harvest their renewable energy resources. Where the standards in Section IV. G., or H., cannot be met
without diminishing the minimum reasonable performance of the solar energy system as defined in Sec-
tion V. A., a non-conforming installation can be, if the County so chooses, permitted under a conditional
use permit (CUP).
A. Minimum Performance Design Standards - The following design thresholds are necessary for
efficient operation of a solar energy system:
1. Fixed-Mount Solar Energy Systems - Solar energy systems must be mounted to face within 45
degrees of south (180 degrees azimuth).
2. Solar Electric (photovoltaic) Systems - Solar collectors must have a pitch of between 20 and
65 degrees.
3. Solar Hot Water Systems - Solar collectors must have a pitch between 40 and 60 degrees.
4. System Location- The system is located where the lot or building has a solar resource, as defined
in this ordinance.
B. Standards for granting a CUP - A CUP shall be granted by the zoning official if the applicant meets
the following safety, performance and aesthetic conditions:
1. Aesthetic Conditions - The solar energy system must be designed to blend into the architecture
of the building or be screened from routine view from public right-of-ways to the maximum
extent possible while still allowing the system to achieve efficient performance.
2. Safety Conditions - All applicable health and safety standards are met.
3. Non-Tracking Ground-Mounted Systems - Pole-mounted or ground-mounted active solar
energy systems must be set back from the property line by three feet.
VI. Restrictions on Solar Energy Systems Limited - No homeowners’ agreement, covenant, common
interest community, or other contract between multiple property owners within a subdivision of Model
County shall forbid installation of solar energy systems or create design standards that effectively preclude
solar energy installations.
Non-Conforming Accessory Installations
This provision allows property owners (usually
in small lot areas) who have a solar resource to
apply for a conditional use permit if dimensional
standards or height limits restrict installations
where the resource is located. On large lots di-
mensional or height standards are unlikely to
limit the solar installation.
Homeowners’ Associations
This provision would apply to new subdivisions
and HOAs, and provides very general language
for protecting solar development rights. Alter-
natively, the county could set aesthetic standards
for solar development and limit the HOA from
being more restrictive than the county (see the ur-
ban solar design standards for examples).
Decommissioning Standards
Solar farms should file a decommissioning plan
with the county. Requiring financial surety for
decommissioning may not be justified for small
solar farms, as some farms could be too small to
be able to acquire a bond or similar instrument.
These standards could also apply to Community
Solar installations.
Model Sustainable Development Ordinances10
Solar Energy Standards - Counties
VII. Solar Access - Model County encourages solar access to be protected in all new subdivisions and allows
for existing solar to be protected consistent with Minnesota Statutes.
A. Easements Allowed - Model County has elected to allow solar easements to be filed, consistent
with Minnesota Stat. Chapter 500 Section 30. Any building owner can purchase an easement across
neighboring properties to protect access to sunlight. The easement is purchased from or granted by
owners of neighboring properties and can apply to buildings, trees, or other structures that would
diminish solar access.
B. Subdivision Solar Easements - Model County may require 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.
VIII. Renewable Energy Condition for Certain Permits
A. Condition for Rezoning or Conditional Use Permit - Model County may, in an area where the
local electric distribution system was installed more than twenty years ago, or where the local electric
utility has documented a near-term need for additional distribution substation or conductor capacity,
require on-site renewable energy systems as a condition for a rezoning or a conditional use permit.
1. The renewable energy condition may only be exercised for new construction or major reconstruc-
tion projects.
2. The renewable energy condition may only be exercised for sites that have 90% unimpeded solar
or wind energy access, and for which the renewable energy system can reasonably meet all perfor-
mance standards and building code requirements.
B. Condition for Planned Unit Development (PUD) Approval - Model County may require on-site
renewable energy systems as a condition for approval of a PUD permit, in order to mitigate for:
1. Risk to the performance of the local electric distribution system,
2. Increased emissions of greenhouse gases,
3. Other risks or effects inconsistent with Model County’s Comprehensive Plan.
IX. Solar Roof Incentives - Model County has identified the following incentives for development ap-
plications or subdivisions that will include buildings using active solar energy systems.
A. Density Bonus - Any application for subdivision of land in the ___ Districts that will allow the
Renewable Energy Conditions
The community can use traditional development
tools such as conditional use permits, PUDs,
or other discretionary permits to encourage solar
energy development. This model ordinance notes
these opportunities for consideration by local
governments. In most cases, additional ordinance
language would need to be inserted into the com-
munity’s ordinances. For instance, a provision
that PUDs incorporate solar energy or ensure
the buildings in the PUD are solar-ready con-
struction, the provision should be included in the
community’s PUD ordinance.
Solar Easements
Minnesota allows the purchase and holding of
easements protecting access to solar and wind
energy. Examples of what the easement must
specify are noted below, see the statute for a com-
plete list:
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 so-
lar energy system, at which the solar easement
extends over the real property subject to the
easement, or any other description which de-
fines the three dimensional space, or the place
and times of day in which an obstruction to
direct sunlight is prohibited or limited . . .
Source: Minnesota Stat. 500.30 Subd. 3.
Model Sustainable Development Ordinances 11
Solar Energy Standards - Counties
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 each
two kilowatts of PV or 64 square feet of solar hot water collector installed for each new residence.
B. Solar-Ready Buildings – Model County encourages builders to use solar-ready design in buildings.
Buildings that submit a completed U.S. EPA’s Renewable Energy Ready Home Solar Photovoltaic
Checklist and associated documentation will be certified as a Model County solar ready home, a
designation that will be included in the permit home’s permit history.
C. Solar Access Conditions - On a site where the solar access standards of the subdivision ordinance
are difficult to meet due to topography or road connectivity, the county shall consider non-conform-
ing development patterns as a conditional use provided the applicant meets the following conditions:
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 an active solar energy system. Photovoltaic systems must be at least one (1) KW in
capacity and solar thermal systems must have at least 64 square feet of collector area.
3. Additional Fees Waived - Model County will waive any additional fees for filing of
the covenant.
Solar Access in Subdivisions
Some local governments require solar orientation
of new subdivisions (requiring a south-facing
building or lot line to accommodate solar design
in the buildings). Designing the subdivision
around natural features or contours can make
these provisions difficult to meet. This language
offers an alternative to simply granting a vari-
ance to the solar orientation requirement.
Solar Roof Incentives
This section of the model ordinance provides
examples of incentives that can be incorporated
into development regulation. Most cities and
many counties use incentives to encourage desired
public amenities in new development. These same
tools and incentives can be used to encourage
private investment in solar energy. Communi-
ties will not want to use all these incentives, but
should select which ones make the most sense in
their community (or create some other incen-
tive that encourages solar energy). As with any
incentive, an important element of creating the
incentive is to engage planning or economic de-
velopment staff in the creation of the incentive,
so that staff can assist the developer in taking
advantage of the provisions.