HomeMy WebLinkAbout2017-11-27 PACKET 07.1.
TO:
Planning Commission Members
FROM:
John McCool, Senior Planner
DATE:
November 20, 2017
RE:
Proposed Solar Ordinance Amendment - Solar Panels on Accessory Structures
Introduction
Proposed solar ordinance amendment permitting solar energy systems on the rooftop of accessory
structures in all zoning districts.
Background
The City’s Solar Collection System ordinance was adopted on October 7, 2015 (Ord. No. 948) and
later amended on July 19, 2017 (Ord. No. 985). Both ordinances prohibited solar panels on the
rooftop or exterior walls of residential accessory structures.
Last September, a resident filed a building permit application with the City to install solar panels on
their detached garage roof. The building permit application was returned to the property owner be-
cause the City could not issue the building permit since the ordinance prohibits solar panels on
accessory structures in residential districts.
At the October 23, 2017, Planning Commission meeting, staff reported that during the 2015-2016
timeframe when the solar ordinance was being prepared, the Planning Commission had expressed
concerns for potential adverse impacts to neighboring property values, glare issues to neighboring
residents, inconsistent architectural characteristics within neighborhoods, and that minimum side
and rear yard setbacks for accessory structures (typically six feet) are relatively too close to adjoining
properties. It was also noted that the maximum height for accessory structures is generally less than
the maximum height for principal residential structures and may potentially create nuisance glare to
taller neighboring residential structures, or the taller principal structure would potentially shadow a
smaller accessory structure.
At the October Planning Commission meeting, members generally supported an amendment to
allow solar panels with certain limitations on residential accessory structure rooftops. Some Com-
mission members expressed an interest in reviewing these types of solar applications on a case-by-
case basis and generally did not support solar panels on pergolas, play equipment, small utility
sheds, or carports.
Solar Collection Ordinances in Other Communities
Some Planning Commission members were interested in knowing how other communities regulate
solar collection systems on residential accessory structures. City staff reviewed solar ordinances
from 13 other communities. Four of these communities did not specifically address solar devices on
accessory structures nor did they reference specific limitations or restrictions (i.e. maximum height,
Planning Commission Memorandum
Solar Collection Systems – Proposed Ordinance Amendment
November 21, 2017
Page 2 of 2
size limitations, setbacks, etc.). In most cases, a building permit and compliance with state electrical
code regulations are required.
The other nine communities had varying regulations for solar panels on accessory structures. Most
ordinances stipulated that the solar panel must be flush mounted to the roof and must not extend
beyond the roof area. A couple ordinances required that the maximum coverage area on the roof is
80 to 85 percent. Only one community required a conditional use permit, only in the event that the
solar panel is more than three feet above the roof and is visible from the street. A table summarizing
basic ordinance regulations by these 13 communities is attached.
Draft Ordinance Amendment
An amendment to Ordinance No. 985 (Solar Energy Systems) allowing solar collector systems on
accessory structures was prepared for your consideration. The definitions for accessory structure
and principal structure are not proposed to change. Both definitions currently read as follows:
“Accessory structure is an uninhabited subordinate building or structure that is detached
from the principal structure on a lot of record, the use of which is subordinate to the principal
use on the property.”
“Principal structure is a structure which determines the predominant use of the lot on which
it is located.”
The proposed ordinance amendment, which is attached, of the solar collection ordinance allowing
solar panels on an accessory structure in residential districts also proposes the following perfor-
mance standards:
The accessory structure must have a minimum of 200 square feet of floor area and complies with
all the accessory structure regulations (e.g. setbacks, height, and size) for the zoning district the
property is located in.
The roof-mounted solar panels must not extend beyond the exterior perimeter of the roof and not
have a pitch steeper than the roof pitch for the accessory structure.
The accessory structure is not arbors, benches, doghouses, play sets, garden decorations,
pergolas, carports, firewood cribs, or similar accessory structures.
Recommendation
A copy of the draft solar collection system ordinance amendment is attached for your review and
comment. A public hearing on this topic will be scheduled for a future Planning Commission meeting.
Attachment:
Draft Solar Collection System Ordinance Amendment
Ordinance No. 985
ROOF-TOP MOUNTED SOLAR REQUIREMENTS BY OTHER COMMUNITIES
November 2017
SOLAR
ALLOWED ON
ALLOW MAXIMUM SOLAR
MAXIMUM HEIGHT CONDITIONAL ACCESSORY
SOLAR ON SIZE/AREA FOR SYSTEM
COMMUNITY ON ACCESSORY USE PERMIT STRUCTURE
ACCESSORY ACCESSORY FACING
STRUCTURE REQURIED WITHOUT
STRUCTURES STRUCTURE STREET
BUILDING
PERMIT
Apple Valley - - - - - -
Inver Grove Building Permit
- - - - -
Heights Required
State Electrical
Eagan - - - - -
Code
Hastings - - - - - -
Comply with standards
Comply with standards for
for permitted No. Building
Lake Elmo Yes permitted accessory uses No N/A
accessory uses and permit required
and structures.
structures.
Shall not extend
Shall not exceed the
beyond the required No. Building
Maplewood Yes maximum allowed height No N/A
setbacks of the permit required.
in any zoning district.
building.
Not cover more than
80% of the roof and
Screened
setback a minimum of
from view
Mendota 15 feet from all No. Building
Yes Flush mounted only. No to the
Heights property boundary permit required.
extent
lines and 30 feet from
possible.
all dwellings located
on adjacent lots.
3 ft. above the ridge level No. Building
Minneapolis Yes No limit. No Yes
of a roof. permit required.
A conditional use
Yes, if solar
permit is required if
system is more
Maximum of 3 ft. above solar system is
Northfield Yes No limit than 3 ft. from roof Yes
roof. more than 3 ft.
and visible from
from roof and
street.
visible from street.
Not have a pitch steeper
than the roof pitch on Not extend beyond the
No. Building
Oakdale Yes which the collector is exterior perimeter of No Yes
permit required.
mounted. No higher than the roof.
12 inches above the roof.
Comply with maximum
height requirements in the No more than 85% of No. Building permit
St. Paul Park Yes No No
applicable zoning district. roof area. required.
Flush mounted only.
Not extend beyond the
Comply with height and exterior perimeter of
No. Building
Stillwater Yes setbacks requirements for the building, unless No N/A
permit required.
accessory structure. the setback standards
are not violated.
Shall comply with all
building setbacks in
Shall comply with the
the applicable zoning
maximum height No. Building permit
Woodbury Yes district and not extend No N/A
requirements in the required.
beyond the exterior
applicable zoning districts.
perimeter of the
building.
CITY OF COTTAGE GROVE, MINNESOTA
ORDINANCE NO. XXX
AN ORDINANCE FOR THE CITY OF COTTAGE GROVE, MINNESOTA
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REPEALING COTTAGE GROVE CITY CODE TITLE 11, CHAPTER 4, SECTION 10,
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SUB-SECTION (C)(3), REGARDING ROOF-MOUNTED SOLAR COLLECTOR
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SYSTEMS ON ACCESSORY STRUCTURES
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The City Council of the City of Cottage Grove, Washington County, Minnesota, does
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hereby ordain as follows:
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SECTION 1. REPEALER
. The Code of the City of Cottage Grove, County of Washington,
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State of Minnesota, Title 11, Chapter 4, Section 10, Sub-Section (C)(3) shall be repealed.
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SECTION 2. ENACTMENT.
The Code of the City of Cottage Grove, County of Washington,
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State of Minnesota, Title 11, Chapter 4, Section 10, Sub-Section (C)(3) shall be hereby enacted
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as follows:
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SECTION 10
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SOLAR ENERGY SYSTEMS
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11-4-10: SOLAR ENERGY SYSTEMS:
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3. Roof-mounted Solar Energy Systems:
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a. Roof mounting devices and roof mounted solar energy systems shall be flush mounted
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on pitched roofs, parallel to the roofline.
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b. Roof-mounted solar energy systems mounted on a flat roof of a building located in a
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nonresidential district may be mounted at an angle to the roof to improve their efficiency;
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however, the highest point of a solar collector shall not be more than five feet (5') from
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the surface of the roof, measured in a straight line above the roof upon which the solar
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collector is mounted.
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c. Roof-mounted solar energy systems shall not extend beyond the exterior perimeter of
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the building on which the system is mounted or built.
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d. Exterior piping for solar hot water systems is prohibited to extend beyond the perimeter
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of the building.
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e. Roof-mounted solar energy systems shall comply with the maximum height
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requirements for the zoning district in which they are located.
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f. Roof-mounted solar energy systems are prohibited on accessory structures in
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residential zoning districts. Roof-mounted solar energy systems are permitted on
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accessory structures in residential zoning districts, subject to the following performance
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standards:
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City of Cottage Grove, Minnesota
Ordinance No. XXX
Page 2 of 2
The accessory structure must have a minimum of 200 square feet of floor area
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and the accessory structure complies with all accessory structure regulations of
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the zoning district the property is located in.
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The roof-mounted solar energy system must not extend beyond the exterior
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perimeter of the roof and not have a pitch steeper than the roof pitch on which the
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collector is mounted on.
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The accessory structure is not arbors, benches, doghouses, play sets, garden
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decorations, pergolas, car-port, firewood cribs, or similar accessory structures.
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SECTION 3. SUMMARY PUBLICATION
. Pursuant to Minnesota Statutes Section
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412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the
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entire ordinance is available without cost at the office of the City Clerk, the following summary is
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approved by the City Council and shall be published in lieu of publishing the entire ordinance:
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Ordinance XXX repeals and replaces the City Code provisions regulating solar energy
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systems.
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SECTION 4. EFFECTIVE DATE
. This ordinance shall be in full force and effect from and
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after its passage and publication according to law.
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Passed this XX day of XXXXXXXXXXXX, 201X.
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Myron Bailey, Mayor
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Attest:
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Joe Fischbach, City Clerk
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Published in the South Washington County Bulletin on \[Date\].
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