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Home My WebLink AboutA001 - Council Action Form dated October 13, 2009 ITEM # 37 DATE: 10-13-09 COUNCIL ACTION FORM SUBJECT: SOLAR ENERGY SYSTEM USES TEXT AMENDMENTS BACKGROUND: Over the past year, public interest in installing small scale solar energy systems has been expressed. However, current City codes only allow such systems in industrial zoning districts. The City Council responded by directing staff to work with the Planning & Zoning Commission to develop code provisions that more fully address solar energy in all zones. In fall of 2008, staff began researching this issue along with small scale wind systems and presented its findings to the Planning and Zoning Commission in February of 2009. The Commission found that one of the primary concerns is visual impact. Because of the visual concerns, staff focused on ways to solicit public sentiment on the aesthetic aspect of solar energy, and organized public meetings and workshops that used graphical models and displays to illustrate what these systems may look like in different settings. These meetings generated helpful information and feedback, which was used in developing potential code changes pertaining to both solar and wind power. The City Council reviewed the proposed concepts at a work session on August 18. The Council determined that provisions for solar power were likely less complex or controversial than wind power, and directed staff to bring forward a solar energy system ordinance in advance of wind energy. The wind energy system ordinance will likely be back to the City Council by late 2009 or early 2010. At its meeting of September 16, the Planning and Zoning Commission made some last minute changes to the ordinance. The only substantive change was the elimination of the provisions for "Neighborhood Solar Energy Systems". This provision was intended to facilitate a system on a vacant lot that would service surrounding developed lots. However, the criteria in the proposed regulations focus on solar energy as an accessory to a principal use when a principal building exists on a lot. It was therefore determined that a stand-alone "neighborhood" system was inconsistent with these criteria and would need further work. The Commission believed that this could be addressed at some point in the future if the demand for such a system becomes more apparent. Staff informed the Commission at its September 16th meeting that the staff may make some stylistic and format changes before sending this to the City Council to make sure the document was consistent with the standard zoning code format. The Commission agreed to this. Upon closer review, staff also identified some issues that resulted in minor substantive changes, as follows: 1 • Eliminate provision that double-frontage and through lots would be afforded at least one "rear yard" for setback purposes. o Removed because the provision would be contrary to the intent of avoiding views of systems from abutting streets. • Eliminate requirement for an engineer to "wet-stamp" plans for roof mounted systems. o Removed because it was found that the City Building Official can determine if engineered plans are needed through the standard building permit process. • Eliminate requirement for the applicant to certify that there are no subdivision covenants preventing solar energy systems. o Removed because these are private agreements not enforced by the city. • Revise regulation of the type of signage that might occur on solar panels to instead regulate the size of signage, now limited to one square foot per sign. o Changed to ensure that the provision is content-neutral to avoid free speech challenges. • Eliminate regulations requiring non-reflective finish and subtle paint colors. o Removed due to subjective nature of regulation. Color and finish might still be addressed as part of a Special Use Permit. Staff approvals will not regulate paint or surface textures. • Clarify applicability in Old Town District. o The proposed standards apply generally to all zoning districts of the City. However, the Old Town District currently has restrictions within Chapter 31 on solar energy systems which require a Certificate of Appropriateness for these systems. The standards were therefore changed to reflect this requirement. The proposed amendments are included in the attached draft ordinance. As drafted, the proposed amendments will accomplish the following: 1. Add solar energy conversion as a permitted accessory use in all zoning districts. This includes solar electric (Photovoltaic-"PV"), as well as solar thermal (water heating). Both will be regulated with the placement standards. 2. Require that roof-mounted panels be mounted flush on homes, if visible from the street. 3. Allow unlimited roof coverage in any zoning district if height standards are met. 4. Allow ground mounted solar panels to exceed square footage limits if not visible from the street, or to be located in front yards only as approved through a Special Use Permit. 5. Limit height of freestanding systems to four feet in front yards and six feet in rear and side yards. 2 6. Provide limited flexibility for roof or wall mounted systems to encroach into required side or rear setbacks. 7. Protect neighborhood character using dimensional standards and existing historic preservation provisions. 8. Allow the potential for small scale systems to produce surplus electricity if an Interconnection Agreement is signed by the property owner and the electric utility. 9. Maintain existing building and fire safety standard requirements for trade permits and licensed installation, when applicable. The proposed amendments are consistent with and help to implement the following goals in the City's Land Use Policy Plan: • Goal 3 of "Goals for a New Vision," regarding "Environmental-Friendliness" is supportive of this text amendment because the proposed amendments facilitate property owners' desires to conserve traditional energy sources by installing solar equipment on their property. • Goal 4 of "Goals for a New Vision," regarding a "greater sense of place and connectivity" and "assuring a more healthy, safe, and attractive environment" is supportive of this text amendment because the proposal seeks to maintain the attractiveness of the built physical environment. These amendments propose to allow solar energy equipment in a way that is balanced with the character of the surrounding built environment. ALTERNATIVES: 1. The City Council can adopt the zoning code text amendments to Section 29.201, Section 29.501(4)-4, Section 29.501(4)-7, and Section 29.1309, as described above and contained within the attached ordinance document. 2. The City Council can adopt the zoning code text amendments to Section 29.201, Section 29.501(4)-4, Section 29.501(4)-7, and Section 29.1309, as described above, but with modifications. 3. The City Council can refer the minor substantive amendments made by staff back to the Planning & Zoning Commission. 4. The City Council can choose not to adopt the proposed zoning code text amendments. 5. The City Council can refer this issue to staff for further information. 3 MANAGER'S RECOMMENDED ACTION: The proposed ordinance advances the Council's goal of going green and making Ames a more sustainable community. In response to citizens wishing to install solar energy equipment, the ordinance will provide clear standards for allowing these systems while protecting surrounding properties. If interest grows in this field, the regulations may later be amended as public awareness and acceptance of these systems in non- traditional applications grows. Therefore, it is the recommendation of the City Manager that the City Council accept Alternative #1 and adopt the zoning code text amendments to Section 29.201(116), Section 29.501(4)-4, Section 29.501(4)-7, and Section 29.1309, as described above and contained within the attached ordinance document. 4