Agenda - Planning Commission - 12/02/2010

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Solar Energy and Land -Use Regulation By Brian Ross and Suzanne 5utro Rhees, NCP As solar energy gains a foothold as a source of energy for our homes and businesses, communities face multiple questions as they incorporate solar energy installations into their development regulations. - While seemingly straightforward, putting solar panels on a roof raises a host of ques- tions as to how a solar energy system fits into a typical set of land -use categories: Is a rooftop solar installation merely a piece of equipment, like an air conditioner or water heater, that goes with the home or business? Is the solar installation a separate use from the primary building, to be regulated under the provisions of accessory uses? What about a ground or pole -mounted system? Because solar electric energy systems produce power like a generator or a power plant, should these systems be regulated like other power generators? Can different types of solar sys- tems be different types of land uses —one a piece of equipment, another a power plant? SOLAR AMERICA CITIES The U.S. Department of Energy (DOE) is partnering with 26 cities across the nation to investigate and test solar energy market transformation initiatives. DOE created the sotarAmerica Cities program to identify and remove barriers to the use of solar energy in urban areas. Solar energy is expected to reach "grid parity" within the next five to io years (when solar energy costs become equivalent to the cost of electricity on the electric grid). Because the cost of grid -based electricity varies by utility, customer type, and time of day and season, grid parity refers • to a wide range of prices. The Solar America -ities program uses the participating cities Oratories to test how local governments f`barriers to solar investment and rmizing regional differences -'tiding types, regulatory ()This photo shows a typical two- -panel solar thermal system, flush - mounted on the roof and visible from the street; with no setback from the roof edge on three sides.' The cities of Minneapolis and St. Paul were designated as Solar Cities in 2o08. The two cities had only a dozen solar installations in 2oo8, but are looking ahead to a transfor- mation of local markets that could produce hundreds of system installations annually. How could their regulatory and permitting systems handle hundreds of solar systems each year? It became clear that neither city's land -use code provided sufficient guidance as to how to incorporate solar energy sys- tems in the development process. SOLAR ENERGY REGULATIONS IN MINNEAPOLIS AND ST. PAUL When the cities of Minneapolis and St. Paul were awarded a jointSolarAmerica Cities grant in 2008, neither had addressed solar energy installations in their development regulations in any substantive way. Both were national leaders in jointly adopting a CO reduction plan well over a decade ago, and both have adopted policies as part of their comprehensive plans that support the use of renewable energy, including solar en- ergy. But neither city's regulations had kept pace with their plans and policies. The cities were required by the regional planning authority, the Metropolitan Coun- cil, to address solar access in comprehen- sive plans, but the policy requirement had no complement for development regulation. Minneapolis had created a solar access ordinance in the i97os, but rescinded it as unworkable. However, the city's code does identify solar energy installations as an al- lowed accessory use in all districts. The St. Paul zoning code does not separately list solar installations as a permitted accessory use, but solar systems are treated similarly to rooftop mechanical equipment such as air conditioners and ventilation equip- ment. In moo St. Paul's citywide building design standard was amended to change , the screening requirement for mechanical equipment in order to avoid undue restric- tions on solar equipment. Meanwhile, the city's development code is largely silent on solar energy, although the few installations are treated as permitted accessory uses. The code also allows solar access as a criterion fora hardship in a variance case. Solar installations were still unusual in the two cities as they began participation in the Solar America Cities program, with fewer than 5o installations over the last three years. 68 ZONINGPRACTICE 11,10 AMERICAN PLANNING ASSOCIATION Wag e2