IV.5. Second Reading: Ordinance 2018-1132 – Solar Energy Systems; LindahlMEMO
To: Honorable Mayor and City Council
From: Jason Lindahl, City Planner
Date: May 15, 2018
Subject: Second reading of Ordinance 2018-1132 – Solar Energy Systems
Proposed Action: Move to adopt Resolution 2018-047, approving the second reading of
Ordinance 2018-036 amending Section 520 of the City Code related to Solar Energy Systems and
authorizing its publication.
Overview. In late 2017 staff presented information from the SolSmart program, a national
designation program intended to recognize communities that take steps to address local barriers to
the implementation of solar energy systems. During that review, staff identified the need for a
zoning text amendment to promote the use of solar energy systems, remove regulatory barriers and
create a clear regulatory path for approval. City staff studied this issue and reviewed various items
with the Planning & Zoning Commission during the first quarter of 2018. Based on information
from the SolSmart program, the City’s sustainability goals, existing energy conditions in Hopkins
and research on solar energy systems standards in other communities, staff has prepared the
attached Solar Energy Systems Ordinance. The ordinance is based on the Minnesota Model Solar
Ordinance but has been modified to address specific needs and conditions in Hopkins.
The Planning & Zoning Commission reviewed this item during their April 24 meeting and
recommend approval by the City Council. The City Council also approved the first reading of this
ordinance during their May 1st meeting. Should the City approve the proposed ordinance, it would
set Hopkins on a path to become a certified SolSmart Community and make the following zoning
changes:
• Establish the purpose and intent behind the proposed regulations.
• Define specific terms associated with solar energy systems.
• Detail allowable uses by zoning district.
• Create specific performance standards for solar energy systems.
• Outline a review process and necessary application materials.
• Place reasonable limits on private groups to restrict solar energy systems and encourage
protection of solar access through easements.
Supporting Documents
• City Council Resolution 2018-047
• Interim Ordinance 2018-1132
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 2018-047
A RESOLUTION APPROVING THE SECOND READING OF ORDINANCE 2018-1132
AMENDING SECTIONS 520 OF THE CITY CODE RELATED TO SOLAR ENERGY
SYSTEMS AND AUTHORIZING ITS PUBLICATION
WHEREAS, the City of Hopkins initiated an application to amend the Zoning Ordinance related
to Solar Energy Systems; and
WHEREAS, the procedural history of the application is as follows:
1. The Hopkins Planning & Zoning Commission reviewed the SolSmart Program during
their July and August 2017 meetings; and
2. That the Hopkins City Council reviewed and discussed this item during their September
5, 2017 meeting; and
3. That an application to amend the Zoning Ordinance related to Solar Energy Systems was
initiated by the City of Hopkins on December 22, 2017; and
4. That the Hopkins Planning & Zoning Commission reviewed and heard presentations on
such application during the January 23 and February 27, 2018 meetings; and
5. That the Hopkins Planning & Zoning Commission, pursuant to published notice, held a
public hearing to review such application on March 27, 2018 and all persons present were
given an opportunity to be heard; and
6. That during the March 27 meeting, the Hopkins Planning & Zoning Commission voted to
continue this item until their April 24, 2018 meeting to allow more time for study; and
7. That the Hopkins Planning & Zoning Commission, continued the public hearing to
review such application on April 24, 2018 and all persons present were given an
opportunity to be heard; and
8. That written comments and analysis of City staff were considered; and
9. That the Hopkins Planning & Zoning Commission voted 5-0 to recommend the Hopkins
City Council approve an ordinance amending the zoning standards for Solar Energy
Systems; and
10. That the City Council approved the first reading of this item on May 1, 2018; and
11. The City Council of the City of Hopkins held a second reading of this ordinance during
the May 15, 2018 City Council meeting; and
12. The written comments and analysis of City staff were considered.
WHEREAS, Minnesota Statutes, Section 412.191, Subd. 4, allows publication by title and
summary in the case of lengthy ordinances; and
WHEREAS, the City Council finds that the following summary would clearly inform the public
of the intent and effect of the Ordinances.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hopkins
hereby approves the second reading of Ordinance 2018-1132 amending Sections 520 the City Code
related to Solar Energy Systems based on the findings detailed in City Council Report 2018-051.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Clerk shall cause
the following summary of Ordinance 2018-1132 to be published in the official newspaper in lieu
of the entire ordinance:
Public Notice
In summary, Ordinance 2018-036 makes the following changes to Sections 520 the City Code
related to Solar Energy Systems:
1. Establishes the purpose and intent behind the proposed regulations.
2. Defines specific terms associated with Solar Energy Systems.
3. Details allowable uses by zoning district.
4. Creates specific performance standards for Solar Energy Systems.
5. Outlines a review process and necessary application materials.
6. Places reasonable limits on private groups to restrict Solar Energy Systems and encourages
protection of solar access through easements.
Adopted by the City Council of the City of Hopkins this 15th day of May 2018.
_______________________
Molly Cummings, Mayor
ATTEST:
______________________
Amy Domeier, City Clerk
CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO. 2018-1132
AN ORDINANCE AMENDING SECTIONS 520 OF THE CITY CODE RELATED
SOLAR ENERGY SYSTEMS
THE COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1. Section 520, General Provisions, is hereby amended to add the following:
520.10. Solar Energy Systems. Subd 1. Purpose & Intent. It is the goal of the city council, as
expressed in the comprehensive plan, for Hopkins to become a more sustainable community by
encouraging activities that conserve energy and result in less/no pollution. In accordance with this
objective, the city finds that it is in the public interest to encourage the safe, effective and efficient
use of alternative energy systems that have a positive impact on energy production and conservation
while not having an adverse impact on the community. Therefore, the purposes of this section
include:
Implement the solar resource protection element required under the Metropolitan Land
Planning Act by promoting rather than restrict development of alternative energy sources,
removing regulatory barriers and creating a clear regulatory path for approving alternative energy
systems.
To create a livable community where development incorporates sustainable design elements
such as resource and energy conservation and use of renewable energy.
Protect and enhance the environment, limit the effects of climate change and decrease the use of
fossil fuels.
To encourage alternative energy development in locations where the technology is viable and
environmental, economic and social impacts can be mitigated.
Support additional energy choice for consumers and promote competition in the electricity and
natural gas supply market.
Subd 2. Definitions. The following word, terms, and phrases, when used in this title, shall have
the meanings ascribed to them in this section:
COMMUNITY SOLAR GARDEN (SOLAR GARDEN): A roof or ground mounted 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.
RENEWABLE ENERGY EASEMENT, SOLAR ENERGY EASEMENT: An easement that
limits the height or location, or both, of permissible development on the burdened land in terms of
a structure or vegetation, or both, for the purpose of providing access for the benefited land to wind
or sunlight passing over the burdened land, as defined in Minn. Stat. 500.30 Subd. 3 or 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 direct sunlight on a lot or building through the entire
year, including access across adjacent parcel air rights, for the purpose of capturing direct sunlight to
operate a solar energy system.
SOLAR 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 SYSTEM: A device or structure design feature, the 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 generation, or water heating.
SOLAR ENERGY SYSTEM, ACTIVE: A solar energy system whose primary purpose is to
harvest energy by transferring solar energy into another form of energy or transferring heat from
a solar collector to another medium using mechanical, electrical, or chemical means.
SOLAR ENERGY SYSTEM, BUILDING INTEGRATED: A solar energy system that is an
integral part of a principal or accessory building, rather than a separate mechanical device, replacing
or substituting for an architectural or structural component of the building. Building-integrated
systems include but are not limited to photovoltaic or hot water solar energy systems that are
contained within roofing materials, windows, skylights, and awnings.
SOLAR ENERGY SYSTEM, GRID INTERTIE: A photovoltaic solar energy system that is
connected to an electric circuit served by an electric utility company.
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.
SOLAR ENERGY SYSTEM, OFF GRID: 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.
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.
SOLAR ENERGY SYSTEM, PHOTOVOLTAIC: A solar energy system that converts solar energy
directly into electricity.
SOLAR ENERGY SYSTEM, ROOF MOUNTED: A solar energy system mounted on a rack that
is fastened to or ballasted on the roof of a principal or accessory building.
SOLAR FARM: A ground mounted 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.
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) – A solar energy
system that includes a solar collector to provide direct supplemental space heating by heating and re-
circulating conditioned building air. The most efficient performance typically uses a vertically
mounted collector on a south-facing wall.
SOLAR HOT WATER SYSTEM: A system that includes a solar collector and a heat exchanger
that heats or preheats water for building heating systems or other hot water needs, including
residential domestic hot water and hot water for commercial processes.
SOLAR MOUNTING DEVICES: Racking, frames, or other devices that allow the mounting of a
solar collector onto a roof surface or the ground.
SOLAR RESOURCE: A view of the sun from a specific point on a lot or building that is not
obscured by any vegetation, building, or object for a minimum of four hours between the hours of
9:00 AM and 3:00 PM Standard time on all days of the year.
Subd. 3. Allowable Uses. Solar energy systems shall be allowed as an accessory use in various
zoning districts throughout the city as prescribed below. Solar Farms or Solar Gardens shall require
a conditional use permit as prescribed in Section 525.13 (Conditional Use Permit).
A. Roof Mounted Solar Energy Systems are a permitted accessory use in all zoning districts.
B. Roof Mounted Solar Energy Systems part of a Solar Garden are a permitted accessory use in all
non-residential districts.
C. Ground Mounted Solar Energy Systems part of a Solar Farms or Solar Gardens are a conditional
accessory uses in the Closed Landfill Restricted District, subject to:
1. Conformance with the standards of the Closed Landfill Restricted District.
2. Stormwater. Solar farms are subject to the City’s stormwater management and erosion and
sediment control provisions and National Pollutant Discharge Elimination System (NPDES)
permit requirements.
3. Ground Cover and Buffer Areas. The following provisions shall be met related to the
clearing of existing vegetation and establishment of vegetated ground cover. Additional
requirements may apply as required by the City.
a. The project site design shall include the installation and establishment of ground cover
meeting the beneficial habitat standard consistent with Minnesota Statutes, Section
216B.1642, or successor statutes and guidance as set by the Minnesota Board of Water
and Soil Resources.
b. Beneficial habitat standards shall be maintained on the site for the duration of operation,
until the site is decommissioned.
c. The applicant shall submit a financial guarantee in the form of a letter of credit, or other
form acceptable to the City Attorney equal to one hundred twenty-five (125) percent of
the costs to meet the beneficial habitat standard. The financial guarantee shall remain in
effect until vegetation is sufficiently established.
4. 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.
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 City 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. Aviation Protection. For solar farms located within 500 feet of an airport or within
approach zones of an airport, the applicant must complete and provide the results of the
Solar Glare Hazard Analysis Tool (SGHAT) for the Airport Traffic Control Tower cab and
final approach paths, consistent with the Interim Policy, FAA Review of Solar Energy
Projects on Federally Obligated Airports, or most recent version adopted by the FAA.
7. 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 may 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. The City may
require the posting of a bond, letter of credit or the establishment of an escrow account to
ensure proper decommissioning.
Subd. 4. Performance Standards
A. Height. Solar energy systems shall comply with the following height requirements:
1. Roof Mounted Solar Energy Systems shall comply with the height standards of the
applicable zoning district.
2. Ground Mounted Solar Energy Systems part of a Solar Farms or Solar Garden shall not
exceed fifteen feet (15') in height when oriented at maximum tilt.
B. Setback. Solar energy systems shall comply with the following setback requirement.
1. Roof Mounted Solar Energy Systems shall comply with the setbacks requirement for the
applicable zoning district and structure type (principal or accessory) on which they are
mounted.
2. Ground Mounted Solar Energy Systems part of a Solar Farms or Solar Garden shall comply
with the principal front yard setback requirements of the abutting zoning district.
3. Setback encroachments shall be permitted as allowed under Section 520.09, Subdivision 2.a
(Not Encroachments) provide the applicant demonstrates the collector and mounting
system has been explicitly engineered to safely extend beyond the roof edge
C. Visibility. Solar energy systems shall be designed to blend into their surroundings or the
architecture of the associated building provided mitigating for visual impacts will allow the
system to function within expected industry standards. The color of the solar collector is not
required to be consistent with other roofing materials.
1. Pitched Roofs. Systems mount on pitched roofs that are visible from the nearest edge of the
right-of-way, other than an alley, shall not have a highest finished pitch steeper than the roof
pitch on which the system is mounted and shall be no higher than ten (10) inches above the
roof.
2. Flat Roofs. System mounted on flat roof may be attached at an angle to improve their
efficiency, provided the highest point of a solar panel is not visible from the nearest edge of
the public right-of-way, other than an alley.
3. Ground Mounted Solar Energy Systems. Ground Mounted Solar Energy Systems part of a
Solar Farm or Solar Gardens and visible from the public right-of-way shall include buffering
features such as setback, berming, landscaping, fences, walls or a combination thereof to
soften the appearance of the system and improve visual aesthetics.
4. 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.
D. Coverage. Roof Mounted Solar Energy Systems, excluding building-integrated systems, shall
allow for adequate roof access for fire-fighting purposes to the south-facing or flat roof upon
which the panels are mounted. Ground-mount systems shall be exempt from building coverage
standards if the soil under the collector is not compacted and maintained in vegetation.
Foundations, gravel, or compacted soils are considered impervious.
E. Certifications. Solar electric system components shall be certified by Underwriters Laboratories,
Inc., and solar thermal systems shall be certified by the Solar Rating and Certification
Corporation, or other appropriate certification(s) as determined by the city. The city reserves
the right to deny a building permit for proposed solar energy systems deemed to have
inadequate certification.
F. Compliance with Building Code. All solar energy systems shall meet approval of Building
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
Minnesota State Plumbing Code requirements.
I. Utility Connection: All grid intertie systems shall have an agreement with the local utility prior to
the issuance of a building permit. A visible external disconnect must be provided if required by
the utility. Off grid systems are exempt from this requirement.
J. Abandonment. If the solar energy system remains nonfunctional or inoperative for a
continuous period of one year, the system shall be deemed to be abandoned and shall constitute
a public nuisance. The owner shall remove the abandoned system at their expense after a
demolition permit has been obtained. Removal includes the entire structure including
transmission equipment.
Subd. 5. Review Process & Materials. Except as provided below, no solar energy system shall be
erected, altered, improved, reconstructed, maintained or moved in the city without first securing a
permit from the city. Roof Mounted Solar Energy Systems that meet the design requirements of
this ordinance shall be granted administrative approval by the Zoning Official and shall not require
Planning & Zoning Commission review or City Council Approval. Roof Mounted Solar Gardens or
Solar Farms shall require a conditional use permit as prescribed under Section Plan 525.13. Planning
approval does not indicate compliance with Building Code or Electric Code.
A. Elevation Drawings Required. All solar energy system applications shall include horizontal and
vertical building elevation draw at an Architects scale. The drawings must show the location of
the system on the building and the applicable information detailed below.
1. Pitched Roof Mounted Solar Energy Systems. The drawings shall show the highest finished
slope of the solar collector and the slope of the finished roof surface on which it is mounted.
2. Flat Roof Mounted Solar Energy Systems. The drawings must shows the distance to the
roof edge and any parapets on the building. They shall also 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.
B. Site Plan Required. All solar energy system applications shall include site plan drawn at an
Engineer’s scale. The site plan must show the 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 City.
C. Exemptions. The following solar energy systems are exempt from the requirements of this
section.
1. Passive and building integrated systems. These systems shall be regulated as any other
building element.
2. Solar energy collector devices less than one (1) square foot in area and generally used for
garden decoration, exterior accent lighting for residential homes, lawns, and flagpoles.
3. Accessory systems installed by a government agency on light poles, signs, transit shelters or
within public right-of-way.
D. Deviations. Deviation from the required standards of this section may be allowed through a
conditional use permit in accordance with Section 525.13 provided that request to reduce
minimum setback requirements shall be by variance. In granting a conditional use permit, the
city council shall consider the criteria in said Section 525.13 of this title and the following
additional criteria unique to solar energy systems:
1. That the deviation is required to allow for the improved operation of the Solar Energy
System.
2. That the Solar Energy System has a net energy gain.
3. That the Solar Energy System does not adversely affect solar access to adjacent properties.
4. That the Solar Energy System complies with all other engineering, building, safety and fire
regulations; and
5. That the Solar Energy System is found to not adversely impacts on the surrounding area,
including the health, safety and general welfare of occupants of neighboring properties and
users of public rights of way.
Subd. 6. Restrictions on Solar Energy Systems Limited. As of (adoption date for this
ordinance) new homeowners’ agreements, covenant, common interest community standards, or
other contract between multiple property owners within a subdivision of Hopkins shall not restrict
or limit solar energy systems to a greater extent than Hopkins solar energy standards.
Subd. 7. Solar Access. The City of Hopkins encourages protection of solar access. Solar access
easements may be filed consistent with Minnesota State Statute 500.30. Any property owner can
purchase an easement across neighboring properties to protect access to sunlight. The easement can
apply to buildings, trees, or other structures that would diminish solar access.
SECTION 2. This ordinance shall take effect and be in force upon its publication, in accordance
with Section 3.07 of the City Charter.
First Reading: May 1, 2018
Second Reading: May 15, 2018
Date of Publication: May 24, 2018
Date Ordinance Takes Effect: May 24, 2018
______________________
Molly Cummings, Mayor
ATTEST:
_______________________
Amy Domeier, City Clerk