10/31/20131… · 31.10.2013 · 10/31/2013 1 promoting solar energy use through local planning ......
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10/31/2013
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Promoting Solar Energy Use Through Local Planning
Promoting Solar Energy Use Through Local Development Regulations
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Courtesy of DOE/NREL
About the SunShot Solar Outreach Partnership
The SunShot Solar Outreach Partnership (SolarOPs) is a U.S.
Department of Energy (DOE) program designed to increase the
use and integration of solar energy in communities across the
US.
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Upcoming Events
Fact Sheets
How-To Guides
Podcasts & Webinars
Case Studies
Technical Assistance
About the SunShot Solar Outreach Partnership
Resource SolarOutreach.org
www.solaroutreach.org
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Planning for Solar Energy
Briefing Papers – Solar Community Engagement
Strategies for Planners
– Solar Mapping
– Integrating Solar Energy Use into Local
Plans
– Integrating Solar Energy Use into Local
Development Regulations
– Balancing Solar Energy Use with
Potential Competing Interests
– Recycling Land for Solar Energy
Development
www.planning.org/research/solar/
Promoting Solar Energy Use Through Local
Planning Webinar Series
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Putting Solar Energy Use on the Local Policy Agenda
– September 23, 2013
– 1-2 PM Eastern
Promoting Solar Energy Use Through Local Plans
– September 20, 2013
– 1-2 PM Eastern
Promoting Solar Energy Use Through Local Development
Regulations
– November 1, 2013
– 1-2 PM Eastern
www.planning.org/research/solar/
Promoting Solar Energy Use Through Local
Planning Webinar Series
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Framing Questions
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Why is it important to address solar energy
use explicitly in local development
regulations?
What are the basic types of provisions
communities should consider?
What are some new trends and less-common
provisions for communities to consider?
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Ann Dillemuth, AICP Research Associate, American Planning Association
Darcie White, AICP Director, Clarion Associates, Denver, Colorado
Speakers
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– Eliminate
uncertainty in the
development
process
– Ensure appropriate
system placement
– Prevent nuisances
Why Address Solar in the Zoning Code?
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• To create a supportive regulatory environment
Photo: NREL
Mitigate potential conflicts between solar
and other community values
– Tree preservation
– Historic preservation
– Redevelopment
Why Address Solar in the Zoning Code?
Photo: NREL
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Protect access to
solar resources
Promote solar-friendly
site development
Encourage solar-
ready structures
Why Address Solar in the Zoning Code?
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Photo: NREL
Removing Barriers to Solar
• Override / prohibit private covenants
• Make solar a by-right accessory use
• Craft exceptions to permit solar in special districts (e.g., historic districts)
• Allow modest adjustments to regulations (e.g., setbacks) to allow applicants to meet solar access requirements
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Removing Barriers to Solar
www.dsireusa.org April 2011
Solar Easements Provision
Solar Rights Provision
Solar Easements and Solar Rights Provisions U.S. Virgin Islands
DC
Local option to create solar rights provision
Solar Laws exist in 38 states and the USVI to prevent barriers and authorize incentives, but people are often unaware of their rights.
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Removing Barriers to Solar Examples: State Laws • NEVADA - Restricts local govt. power to prohibit or
“unreasonably” restrict solar and wind energy facilities. “Unreasonably” defined to include significant decrease in efficiency or increase in cost. NRS 278.0208.
• CONNECTICUT/CALIFORNIA - Partially preempts local authority over energy facilities in historic districts. Conn. Gen. Stat. Sec. 7-147f(a) 2007.
• WASHINGTON - State Energy Facility Site Evaluation Council has authority to certify sites for alternative energy facilities over county objection. RCW 80.50.060.
• COLORADO/CALIFORNIA/ARIZONA - Preempts private covenants that prohibit solar energy systems (CA AB 1982), clothes lines (“right-to-dry”) (CO HB 09-1149). 13
Removing Barriers to Solar
Example: Historic District Guidelines
Sources: City of San Antonio Historic District Design Guidelines (Left); Secretary of the Interior’s Standards for Rehabilitation
& Illustrated Guidelines on Sustainability for Rehabilitating Historic Buildings (Right) 14
Removing Barriers to Solar
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Example: Flexible Setbacks and Height
Limits
• PORTLAND, OR – Installations
of less than 6 feet in height may
be placed in the setbacks of the
individual lot
• HERMOSA BEACH, CA – Solar
collectors and solar energy
systems may exceed zoning
height limits to maximum extent
feasible for their safe and
efficient operation
Photo: www.ebuild.com
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Creating Incentives for Solar
• Streamline Approval
Process
• Reduce Permitting Costs
• Increase Flexibility on
Other Standards in
Exchange for the
Incorporation of Solar
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Source: Denver Business Journal
Creating Incentives for Solar
Examples: Streamline Approval Process
• Create solar permitting "check list”
• Make solar approvals a “one-stop shop” to reduce overall timeline
• Expedite processing for solar applications
• Appoint a solar ombudsman
Sacramento, CA;
Madison, WI; Miami, FL;
Portland, OR
http://www.cityofsacramento.org/dsd/customer-service/sacramento-streamline.cfm 17
Creating Incentives for Solar
Examples: Reduce Permitting Costs
• Waive(or reduce) fee paid by applicant for qualifying solar installations
– Photovoltaic (PV)
– Solar domestic hot water and space heating
– Solar air conditioning systems
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Source: www.ci.berkley.ca.us
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Creating Incentives for Solar
Example: Increased Flexibility in Exchange for Solar (or other features) • Portsmouth, VA awards bonuses for
green building features (including solar) in business, multifamily, waterfront, and downtown districts: – Density increases up to 20%
– Height increases up to two stories
– Building increases up to 15%
– Reduction of parking requirements up to 15%
• Provides menu of qualifying green building features, including generation of 20% of on-site electricity from renewable sources
Photo: Bill Lott
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Types of Solar Provisions
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Standards for solar energy systems
Accessory systems (e.g., rooftop PV panels)
Primary-use systems (e.g., solar farms)
Solar easements
Solar access
Solar site design
“Solar-ready” homes
Permit by right in all
districts
Development
standards
– Panel placement
• Rooftops
• Yards
– Height
– Appearance
Permitting
requirements
Accessory Solar Energy Systems
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Photo: NREL
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Limiting allowable zoning districts
Conditional or special use designation
Height, setbacks, screening
Fencing, signage for safety and security
Application requirements and criteria
Decommissioning
Primary-Use Solar Energy Systems
Photo: NREL 22
Example: Iron County, Utah (Ch. 17.33)
• Definitions
• Regulations and Design Standards
– Permitted locations; design standards – lot
size, height, setbacks, safety/access, noise,
visual appearance, electrical interconnection,
fire protection
• Provisions for Conditional Use Review
– Rationale, siting, economic analysis,
environmental impacts, FAA review,
transportation plan, decommissioning
Primary-Use Solar Energy Systems
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Solar easements are legal agreements
that protect solar access on a particular
property through limits on:
– building height
– trees and other vegetation
Typically voluntary but may be tied to
permit process
Over 30 states have enacted solar
easement statutes
Protecting Solar Access
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Solar Access Ordinances
Typical Requirements
• Protection of solar access
• Minimize shade on adjoining
properties through limits on
– Building height and massing
– Tree and landscaping
placement
• Solar access permits
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Source: New York TImes
Solar Access Ordinances
Example: Boulder, CO
• Applicable citywide
• Defines three tiers of Solar
Access Areas to address
variations in lot size, density, and
topography
• Height of “Solar Fence” allowed
within each area varies
• Defines clear process for granting
exceptions
• Option to apply for Solar Access
Permit 26
Source: www.bouldercolorado.gov
Solar Access Ordinances
Example: Fort Collins, Colorado
• Elements of the development plan shall be
located and designed, to the maximum extent
feasible, to protect access to solar energy
systems or solar oriented rooftop surfaces
suitable for solar
• Impact of trees shall be evaluated on an
individual basis
• No option to apply for Solar Access Permit
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Solar Siting Ordinances
Typical Requirements
• Minimum number of lots must
be “Solar-Oriented Lots”
• Streets designed to maximize
solar access
• Typically applied to low-
density residential zones
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Source: www.clackamas.us
Prewiring for solar PV
systems
Pre-plumbing for solar
hot water systems
Mandatory or
voluntary provisions
Solar-Ready Homes
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Source: NREL
Larger solar facility
serving a group of homes
or businesses
Many communities limit to
non-residential zone
districts by-right
Standards for siting in
residential areas should
be considered early in the
process (e.g., screening,
height, lot coverage)
Emerging Trends: Solar Gardens
Source: http://www.solargardens.org
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Emerging Trends:
Solar Panels on Shade Structures
Source: http://t4g.thunderbird.edu
31 Source: http://brandgeek.net
Key Considerations:
• Fixed vs. movable panels
• Allowances for building
appurtenances on accessory
structures
• Reflectivity
Solar now required on all
new homes in two
California communities
(Lancaster and
Sebastopol)
Solar hot water required in
Hawaii communities
Solar mandatory on large
commercial developments
in Culver City, California
Emerging Trends: Mandatory Solar
Source: Clarion Associates
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Solar Briefing Papers
Solar Energy Resource List and
FAQs
PAS EIP: Planning and Zoning for
Solar Energy
PAS Solar inquiries
Send questions to [email protected]
PAS Report 575: Planning for Solar
Energy
Publication date January 2014
http://www.planning.org/research/solar/
Final Thoughts
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Ann: APA SolarOPs Resources
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Darcie: – Think comprehensively — range of issues to be
addressed
– No one “right” way to tackle this issue
– Important to understand the range of possible options
– Develop a tailored approach that will best suit your
community’s needs
Final Thoughts
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Denver Museum of Nature & Science
Questions?
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Research Associate, American Planning Association
Ann Dillemuth, AICP
Darcie White, AICP Director, Clarion Associate, Denver, Colorado
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