8. Accessory Solar Energy SystemsZONING REVIEW — Scandia, MN
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PZD-1 a: Review zoning requirements and identify restrictions that intentionally or unintentionally
prohibit solar PV development. Compile findings in a memo. (Required)
To assist your community, the national solar experts at SolSmart have conducted a review of your
community's zoning code to assess possible barriers (i.e. height restrictions, set -back requirements, etc.)
and gaps related to solar PV development. Below, please find the outcome of their review. By reading the
narrative, reviewing the example code language provided, and signing the statement at the bottom of the
page, your community will satisfy PZD-1 a and be one step closer to achieving SolSmart designation.
Potential barriers in current code language
Section(s)
Element
Reviewer Comments
Example(s) from other
codes
Priority level
Ex.
Setbacks,
Height
Restrictions,
Definition,
etc.
4.34(1)(E)(1)
Glare
The zoning ordinance
More permissive option:
Low (Glare
(c)
requires that solar
N/A
policies are
energy systems be
considered
designed to limit glare.
Less permissive option:
restrictive. Not
Solar PV systems are
Current language in
only is the
designed to absorb,
4.34(1)(E)(1)(c)
causation of
rather than reflect,
glare hard to
sunlight.
prove, but PV
systems are
The best practice is for
designed to
glare regulations to
absorb radiation,
only be applicable
not reflect it.)
when the FAA
regulations or rules
kick in for projects on
or around airports.
4.34(1)(E)(2)
Setbacks
The zoning ordinance
More permissive option:
Low (The City
(b)
requires solar energy
(1) Small- and medium -scale
may want to
systems to meet the
ground -mounted solar energy
consider
primary structure
systems accessory to
reducing the
setbacks. It is a best
principal use may be located
setback
practice to allow
no closer than [1/2 of the
requirements for
ground -mounted solar
setback that would otherwise
solar energy
energy systems a
apply] from the front, side or
systems and/or
modest encroachment
rear lot line. All ground-
allow them to
into the setback.
mounted solar energy
encroach
systems in residential districts
reasonably into
shall be installed either in the
the setback so
side yard or rear yard to the
that they can
extent practicable
receive adequate
Massachusetts Dept. of
sunlight to make
Energy Resources, Model
them efficient.)
Zoning for the Regulation of
Solar Energy Systems)
Less permissive option:
(2) Small- and medium -scale
ground -mounted solar energy
systems accessory to a
principal use may be located
no closer than [twenty (20)
feet] from the front, side or
rear lot line. All ground -
mounted solar energy
systems in residential districts
shall be installed either in the
side yard or rear yard to the
extent practicable.
(Massachusetts Dept. of
Energy Resources, Model
Zoning for the Regulation of
Solar Energy Systems)
4.34(1)(E)(2)
Height
The zoning ordinance
Most permissive option:
Medium
(c)
does not permit solar
"For a roof -mounted system
(Allowing the
energy systems to
installed on a flat roof, the
solar energy
exceed the maximum
highest point of the system
system to
height in a zoning
shall be permitted to exceed
exceed the
district.
the district's height limit of up
district's
to fifteen (15) feet above the
maximum height
It is a best practice to
rooftop to which it is
limit is critical,
either exempt solar
attached." (Renewable
especially to
energy systems from
Energy Ordinance
allow for solar
height limits or permit
Framework, DVRPC)
energy systems
solar energy systems
to be installed
to exceed the
Less permissive option:
where buildings
maximum building
Municipalities can be more
may have
height in all applicable
restrictive than this, though it
already met the
districts. For buildings
is not recommended that they
maximum
that are already built to
limit to less than six (6) feet
building height. It
the maximum height
above the rooftop surface."
is also important
limit — especially
(Renewable Energy
for system
buildings with flat roofs
Ordinance Framework,
efficiency, as
- this may limit their
DVRPC)
discussed in the
ability to install solar.
column to the
This is particularly
left.)
critical on flat buildings,
because solar
installations on these
structures are typically
done at an angle to
maximize system
efficiency (generally at
the same angle as the
latitude at which the
system is installed).
Therefore, additional
height is often
Potential gaps in current code language
necessary.
4.34(1)(E)(2)
Aesthetics
The zoning ordinance
Most permissive:
Low (Regulating
(d)
requires that solar
N/A
aesthetics (e.g.
energy systems
compatible
installed on
Less permissive:
building
commercial and
Current language in
materials) can be
industrial properties be
4.34(1)(E)(2)(d)
hard to enforce if
designed to blend with
there aren't
the architecture of
specific
these buildings.
standards. It
could create
While regulating
additional
aesthetics can
barriers to solar.)
arguably be considered
a matter of protecting
public welfare,
attempting to place
restrictions related to
aesthetics (e.g. "...be
designed to blend with
the architecture of the
building"), can create
roadblocks to actual
installation. It is
therefore not
recommended that
communities regulate
aesthetics of solar
energy systems, or that
they do so very
cautiously. If the
ordinance is enforced
properly, then the
height and setback
restrictions should
alleviate any aesthetic
concerns in a
quantifiable (easier to
enforce) manner.
4.34(1)(E)(3)
Screening
The zoning ordinance
Most permissive:
Low (Screening
(e)
requires screening of
N/A
requirements
ground -mounted solar
may increase the
energy systems from
Less permissive:
cost of
view form public rights
Current language in
installation and
of way.
4.34(1)(E)(3)(e)
could also
decrease the
efficiency of a
solar energy
system by
increase shading
of solar
modules.
Potential gaps in current code language
Element
Reviewer Comments
Example(s) from other codes
Priority level
Ex. Setbacks,
Height
Restrictions,
Definition, etc.
Additional notes
Consider applying for PZD-10b based on 4.34(1)(E)(3)
Consider applying for PZD-10c based on 4.34(1)(E)(3)(c)
Consider amending the Architecture Design Guidelines to provide guidance for installing solar in historic districts,
which could qualify the city for PZD-4 credit. See accompanying document.
, as
f Namel [Titlel
have received the zoning review and read its findings.
of
Signature Date
[Communitvl fstatel
CITY OF SCANDIA
ORDINANCE NO. 193
AN ORDINANCE AMENDING
ORDINANCE NO. 122, THE SCANDIA DEVELOPMENT CODE,
CHAPTER 1, SECTION 4.2 — DEFINITIONS AND CHAPTER 2, SECTION 4.33 --
PASSIVE SOLAR ENERGY SYSTEMS
The City Council of the City of Scandia, Washington County, Minnesota hereby ordains:
Section 1. Amendment. Ordinance No. 122, the City of Scandia Development Code
("Development Code" or "Code"), Chapter One, Section 4.2, Definitions, shall be amended to
add the following definitions:
(1) Solar Collector: A device, structure or a part of a device or structure for which the
primary purpose is to capture sunlight and transform it into thermal, mechanical,
chemical or electrical energy.
(2) Solar Energy: Radiant energy received from the sun that can be collected in the form
of heat or light by a solar collector.
(3) Solar Energy System (SES): 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 heating or cooling, electricity
generation, or water heating.
(4) Solar Energy System, Building -Integrated: A solar energy system that is an integral
part of a principal or accessory building, 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 or substitute for roofing materials, windows, skylights, awnings and shade
devices.
(5) Solar Energy System, Ground -Mounted: A freestanding solar system mounted
directly to the ground using a rack or pole rather than being mounted on a building.
(6) Solar Energy System, Passive: A system that captures solar light or heat without
transforming it to another form of energy or transferring the energy via a heat
exchanger.
Section 2. Amendment. Ordinance No. 122, the City of Scandia Development Code
("Development Code", or "Code"), Chapter Two, Section 4.33, Passive Solar Energy Systems,
shall be amended to read as follows:
Ordinance No. 193 Page 1 of 5
4.33 Solar Eneray Systems(SES). Solar Energy Systems are a permitted accessory use in all
districts. As an accessory use, an SES is permitted to the extent that it operates primarily
to provide solar energy for the primary use and the permitted accessory uses on the
property on which it is located, and shall comply with the following requirements:
(1) Approvals required
(A) Building -integrated, passive solar, and roof -mounted SES are allowed as
uses in all zoning districts. Building -integrated and passive solar energy
systems are exempt from the requirements of this section and shall be
regulated as any other building element.
(B) One ground -mounted SES with a footprint up to a maximum eight
hundred square feet (800 sq. ft.) is allowed as an accessory use in all
zoning districts. A ground -mounted SES with a footprint that exceeds 800
sq. ft. shall require a conditional use permit.
(C) All SES require a building permit. A building permit application must be
submitted and approved by the building official before an accessory solar
energy system is installed. The information required and the procedure to
be followed for all SES applications shall be the same as that required for
a building permit. In addition, the applicant shall submit supplementary
information pertaining to the nature of the accessory solar energy system
including:
Total square footage of the solar energy system.
2. Total energy production for the site.
3. To scale horizontal and vertical (elevation) drawings.
4. Drawings must show the location of the system on the building or
on the property including the property lines and proposed
screening, if required.
(E) Performance Standards
Standards for all SES
a. Code Compliance. All SES shall comply with the
Minnesota State Building Code and Electrical Code.
b. Approved Solar Components. All SES components must
have an Underwriters Laboratories, Inc. (UL) listing.
Ordinance No. 193 Page 2 of 5
C. Solar Panel Glare. All SES shall be designed and located in
order to prevent reflective glare toward any inhabited
buildings on adjacent properties, as well as adjacent street
rights-of-way. Steps to control glare nuisance may include
selective placement of the system, screening on the side of
the solar array facing the reflectors, reducing use of the
reflector system, or other remedies that limit glare.
d. Utility Notification. No SES shall be installed until
evidence has been given to the City that the owner has
notified the utility company of the customer's intent to
install an interconnected customer -owned generator. Off -
grid systems are exempt from this requirement.
Safety Measures. A clearly -visible warning sign concerning
voltage must be placed at the base of all pad -mounted
transformers and substations. All mechanical equipment,
including any structure for batteries or storage cells, shall
be completely enclosed by a minimum eight (8) foot high
fence with a self-locking gate, and provided with screening
in accordance with the screen and landscaping provisions
of this Development Code.
f. Abandonment. If the solar energy system remains
nonfunctional or inoperative for a continuous period of
twelve (12) months, the system shall be deemed abandoned
and shall constitute a public nuisance. The owner shall
remove the abandoned system at their expense within
ninety (90) days. Removal includes the entire structure
including transmission equipment, structures and
foundations, and the restoration of soil and vegetation.
2. Roof -Mounted and Building -Mounted SES
a. Roof- and building -mounted SES are not accessory
structures and are excluded from the size and number
limitations for accessory structures in this Development
Code.
b. Building and roof -mounted SES shall comply with the
primary structure setbacks for the zoning district on which
the system is located.
Building and roof -mounted SES shall not exceed the
maximum allowed building height in any zoning district.
Ordinance No. 193 Page 3 of 5
d. Roof -mounted SES on commercial or industrial buildings
shall be installed so that they are compatible with the
building architecture.
e. Roof -mounted SES shall not extend beyond the perimeter
of the building on which the system is mounted or built.
Exterior piping for solar hot water systems shall be allowed
to extend beyond the perimeter of the building.
3. Ground -Mounted SES
a. One ground -mounted SES with a footprint up to a
maximum eight hundred square feet (800 sq. ft.) is allowed
as an accessory use in all zoning districts. A ground -
mounted SES with a footprint that exceeds 800 sq. ft. shall
require a conditional use permit.
b. Ground -mounted SES are excluded from the size and
number limitations for accessory structures permitted by
this Development Code.
C. Ground -mounted SES are excluded from the lot coverage
requirements of the Development Code if the area under
the SES is permanently vegetated.
d. Ground -mounted SES shall not exceed fifteen (15) feet in
height when oriented at maximum tilt.
e. Ground -mounted SES shall be screened from view from the
public right of way if: 1) the SES requires approval of a
CUP, 2) if the SES is placed on a parcel located on a
lakeshore, or 3) if the SES is located within one hundred
feet (100') of a roadway right-of-way. Screening may be
accomplished by using setbacks, berming, existing
vegetation, landscaping, or a combination thereof.
Ordinance No. 193 Page 4 of 5
Section 3. Effective Date. This ordinance shall be in full force and effect upon its adoption and
publication according to law.
Passed and adopted by the City Council of the City of Scandia this 16th day of January, 2018.
Christine Maefsky, Mayor
ATTEST:
Neil Soltis, AdministratorlClerk
Ordinance No. 193 Page 5 of 5
Installing Solar PV on Properties on the National Register of Historic Places
Solar can be installed on a property listed on the National Register of Historic Places. The National
Register provides opportunities for preservation incentives, such as grants, tax credits, and preservation
easements. The national Historic Preservation Act of 1966 created the National Register and established
a regulatory framework for federal actions involving historic properties.
The National Renewable Energy Laboratory notes that, "A private owner or a state or local government
acting without federal involvement has no restrictions placed upon it by Section 106 [of the National
Historic Protection Act]. The regulation only applies to federal undertakings involving a property or
properties listed in or eligible for listing in the National Register."
(https://www.nrel.gov/docs/fyllosti/51297.pdf, pg. 5)
Most of the preservation exists at the local level through historic preservation ordinances, which are
administered by local government staff and historic preservation commissions which may be either
advisory or regulatory. Generally, to install solar on a historic property or within a historic district, a
property owner would have to obtain a certificate of appropriateness from the requisite body. The
certificate of appropriateness would convey that the installation of solar would not diminish the historic
nature and character of the property.
Additional Resources:
o National Park Service, U.S. Dept. of the Interior: Solar Panels on Historic Properties:
Installing Solar Panels and Meeting the Secretary of the Interior's Standards
o National Park Service, U.S. Dept. of the Interior:
https://www.nps.gov/tps/standards/applying-rehabilitation/its-bulletins/ITS52-
SolarPanels.pdflnterpreting The Secretary of the Interior's Standards for Rehabilitation:
Incorporating Solar Panels in a Rehabilitation Project
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