10/31/2013. About the SunShot Solar Outreach Partnership. About the SunShot Solar Outreach Partnership. SolarOutreach.org.

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Promoting Solar Energy Use Through Local Planning Promoting Solar Energy Use Through Local

designed to increase the use and integration of solar energy in communities across the US.

1 Promoting Solar Energy Use Through Local Planning Promoting Solar Energy Use Through Local Development Regulations Courtesy of DOE/NREL 1 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. 2 About the SunShot Solar Outreach Partnership Resource SolarOutreach.org Upcoming Events Fact Sheets How-To Guides Podcasts & Webinars Case Studies Technical Assistance 3 1

Promoting Solar Energy Use Through Local Planning Webinar Series Planning for Solar Energy Briefing Papers Solar Community Engagement Strategies for Planners Solar Mapping Integrating Solar Energy

2 Promoting Solar Energy Use Through Local Planning Webinar Series 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 4 Promoting Solar Energy Use Through Local Planning Webinar Series Putting Solar Energy Use on the Local Policy Agenda September 23, PM Eastern Promoting Solar Energy Use Through Local Plans September 20, PM Eastern Promoting Solar Energy Use Through Local Development Regulations November 1, PM Eastern 5 Framing Questions 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? 6 2

To create a supportive regulatory environment Eliminate uncertainty in the development process Ensure appropriate system placement

3 Speakers Ann Dillemuth, AICP Research Associate, American Planning Association Darcie White, AICP Director, Clarion Associates, Denver, Colorado 7 Why Address Solar in the Zoning Code? To create a supportive regulatory environment Eliminate uncertainty in the development process Ensure appropriate system placement Prevent nuisances Photo: NREL 8 Why Address Solar in the Zoning Code? Mitigate potential conflicts between solar and other community values Tree preservation Historic preservation Redevelopment Photo: NREL 9 3

4 Why Address Solar in the Zoning Code? Photo: NREL Protect access to solar resources Promote solar-friendly site development Encourage solarready structures 10 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 11 Removing Barriers to Solar Solar Laws exist in 38 states and the USVI to prevent barriers and authorize incentives, but people are often unaware of their rights. April 2011 DC Solar Easements Provision Solar Rights Provision Solar Easements and Solar Rights Provisions Local option to create solar rights provision U.S. Virgin Islands 12 4

Removing Barriers to Solar Examples: State Laws NEVADA - Restricts local govt. power to prohibit or unreasonably restrict solar and wind energy facilities.

CONNECTICUT/CALIFORNIA - Partially preempts local authority over energy facilities in historic districts. Conn. Gen. Stat. Sec. 7-147f(a) 2007.

COLORADO/CALIFORNIA/ARIZONA - Preempts private covenants that prohibit solar energy systems (CA AB 1982), clothes lines ( right-to-dry ) (CO HB 09-1149).

5 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 CONNECTICUT/CALIFORNIA - Partially preempts local authority over energy facilities in historic districts. Conn. Gen. Stat. Sec f(a) WASHINGTON - State Energy Facility Site Evaluation Council has authority to certify sites for alternative energy facilities over county objection. RCW COLORADO/CALIFORNIA/ARIZONA - Preempts private covenants that prohibit solar energy systems (CA AB 1982), clothes lines ( right-to-dry ) (CO HB ). 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 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 Photo: systems may exceed zoning height limits to maximum extent feasible for their safe and efficient operation 15 5

Creating Incentives for Solar Streamline Approval Process Reduce Permitting Costs Increase Flexibility on Other Standards in Exchange for

solar permitting "check list Make solar approvals a onestop shop to reduce overall timeline Expedite processing for solar applications

org/dsd/customer-service/sacramento-streamline.

6 Creating Incentives for Solar Streamline Approval Process Reduce Permitting Costs Increase Flexibility on Other Standards in Exchange for the Incorporation of Solar Source: Denver Business Journal 16 Creating Incentives for Solar Examples: Streamline Approval Process Create solar permitting "check list Make solar approvals a onestop shop to reduce overall timeline Expedite processing for solar applications Appoint a solar ombudsman Sacramento, CA; Madison, WI; Miami, FL; Portland, OR 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 Source:

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,

of qualifying green building features, including generation of 20% of on-site electricity from renewable sources Photo: Bill Lott 19 Types of Solar Provisions Standards for solar energy systems

7 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 19 Types of Solar Provisions 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 20 Accessory Solar Energy Systems Permit by right in all districts Development standards Panel placement Rooftops Yards Height Appearance Permitting requirements Photo: NREL 21 7

Primary-Use Solar Energy Systems Limiting allowable zoning districts Conditional or special use designation Height, setbacks, screening Fencing, signage for safety and security Application

8 Primary-Use Solar Energy Systems Limiting allowable zoning districts Conditional or special use designation Height, setbacks, screening Fencing, signage for safety and security Application requirements and criteria Decommissioning Photo: NREL 22 Primary-Use Solar Energy Systems Example: Iron County, Utah (Ch ) 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 23 Protecting Solar Access 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 24 8

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

topography Height of Solar Fence allowed within each area varies Defines clear process for granting exceptions Option to apply for Solar Access Source: www.bouldercolorado.

9 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 Source: New York TImes 25 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 Source: Permit 26 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 27 9

Solar Siting Ordinances Typical Requirements Minimum number of lots must be

lowdensity residential zones Source: www.clackamas.

water systems Mandatory or voluntary provisions Source: NREL 29 Emerging Trends:

communities limit to non-residential zone districts by-right Standards for siting in

10 Solar Siting Ordinances Typical Requirements Minimum number of lots must be Solar-Oriented Lots Streets designed to maximize solar access Typically applied to lowdensity residential zones Source: 28 Solar-Ready Homes Prewiring for solar PV systems Pre-plumbing for solar hot water systems Mandatory or voluntary provisions Source: NREL 29 Emerging Trends: Solar Gardens 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) Source:

Emerging Trends: Solar Panels on Shade Structures Key Considerations: Fixed vs.

http://t4g.thunderbird.edu Source: http://brandgeek.

communities (Lancaster and Sebastopol) Solar hot water required in Hawaii communities Solar mandatory on

Ann: APA SolarOPs Resources Solar Briefing Papers Solar Energy Resource List and FAQs PAS EIP: Planning

11 Emerging Trends: Solar Panels on Shade Structures Key Considerations: Fixed vs. movable panels Allowances for building appurtenances on accessory structures Reflectivity Source: Source: 31 Emerging Trends: Mandatory Solar 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 Source: Clarion Associates 32 Final Thoughts Ann: APA SolarOPs Resources Solar Briefing Papers Solar Energy Resource List and FAQs PAS EIP: Planning and Zoning for Solar Energy PAS Solar inquiries Send questions to PAS Report 575: Planning for Solar Energy Publication date January

Final Thoughts 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

12 Final Thoughts 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 34 Questions? Denver Museum of Nature & Science 35 Ann Dillemuth, AICP Research Associate, American Planning Association adillemuth@planning.org Darcie White, AICP Director, Clarion Associate, Denver, Colorado dwhite@clarionassociates.com 36 12

Integrating Solar Energy into Local Development Regulations

Solar Briefing Papers 4 Integrating Solar Energy into Local Development Regulations Solar Briefing Papers Integrating Solar Energy into Local Development Regulations Many communities recognize the economic