Zoning Codes and Renewable Energy: Anticipating Small-Scale Wind and Solar Energy Installations

rooftop turbine.jpgrecent post, somewhat tongue-in-cheek, commented on a not too surprising gap in the City of Seattle’s land use codes that did not specifically address construction of a 200-foot tall ferris wheel.  While local governments probably don’t need to run out and amend their local codes to address ferris wheels specifically, another developing trend in local land use probably merits more careful consideration:  small scale renewable energy installations. 

Current legislation being considered by the Washington state legislature is evidence of the need to address siting of small scale renewable energy installations.  House Bill 1081 would give the state Energy Facility Site Evaluation Council (EFSEC) authority to approve small-scale renewable energy installations, particularly in circumstances where local ordinances do not adequately address the use.

Technology is advancing to the point that residential and commercial property owners are seriously pursuing installation of renewable energy technology at a local scale.  While many local comprehensive plans and development regulations, particularly in more rural locations have already anticipated large-scale renewable energy installations such as the proposed Solar Farm in Kittitas County or the Lower Snake River Wind Farm in Garfield and Columbia Counties, many cities and towns and urban areas have not yet considered regulations to accommodate renewable energy on an individual scale. 

Believe it or not, the technology for both small-scale wind and individual solar panels has progressed to the point that these uses probably warrant local code consideration.  A recent article by Patrick Marshall in the Seattle Times describes Solarize Seattle, a Seattle nonprofit whose mission is to solarize Seattle and who is already fast at work enlisting subscribers for individual residential solar installations in the Queen Anne neighborhood. 

Individual wind turbines typically require placement (and height) that may be inconsistent with most current zoning regulations in residential neighborhoods.  An additional conflict may arise with local design standards (such as restrictions on roofing materials or rooftop equipment), viewshed protection and limitations on accessory uses and structures that may now unintentionally impose obstacles to installation of small-scale renewable energy technology.  Private covenants adopted often as conditions of subdivision approval also typically did not anticipate renewable energy technology and may include use limitations, setback, height limits or design standards that now impede or even prohibit renewable energy installations within those subdivisions.  Collective efforts are underway to develop model ordinances that support such developments in technology, both on a large scale and for individual use. 

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