Chapter 1.1
Climate Change

• ALL
• Remove Code Barriers
• Create Incentives
• Fill Regulatory Gaps

Height & Setbacks to Encourage Renewables

INTRODUCTION

Height and set back requirements can frustrate the use and installation of wind and solar power systems in urban areas. Because solar and wind systems are often installed on rooftops, they are often considered part of the structure and calculated towards a buildings’ maximum height. As such, developers building near the maximum allowable height may not be permitted to install rooftop energy systems. If a developer wanted to install a renewable system on the roof, she would be required to reduce the overall height of the interior space to make room for the solar or wind system or seek a variance. This may reduce the square footage or make development more expensive, making it more difficult for the developer to meet their financial expectations. To encourage more developers to incorporate renewable energies this ordinance would relax the height and setback requirements in relation to wind and solar energy systems.[1] This ordinance can be drafted in a way to reduce requirements across districts or to create specific exceptions to height or setbacks.

Another tool being used by local governments is the incorporation of the International Building Code (IBC).[2] The IRC is updated every three years and includes the best practices from around the nation.[3] One of the recent additions to the IRC is the “Solar-Ready Provision” which details how to expedite and increase smaller scale solar units on homes. Some of these enhancements include constructing homes with minimal rooftop equipment, orienting buildings in a “north-south” fashion and providing a detailed plan of the roof so that solar installations can confirm that roof will be able to support the systems.[4] Several local governments have also begun to require on-site renewable energy capacity prior to issuing a certificate of occupancy (for more information see Zero Net Energy Buildings brief).[5]

To further promote renewable energy systems, several local governments permit solar and wind systems by-right (for more information see the brief Allow Solar Energy Systems and Wind Turbines by-Right). In addition, Oregon has enacted statewide legislation known as the “Oregon Solar Installation Specialty Code,” which establishes setback and height requirements that pre-empt city codes.[6]

EFFECTS

Electrical energy is one of the largest demands of fossil fuels.[7]  Burning these fuels releases carbon dioxide and other pollutants into the atmosphere which increases greenhouse gas (GHG) emissions, leading to climate change.[8]  One way to lower GHG emissions is to switch to alternative energy production.[9] Relaxing local regulatory requirements around alternative energy production will encourage more individuals to choose alternative energies on their own accord without direct government actions. These alternatives help to decrease air pollution and help improve human health[10] by mitigating respiratory illnesses that can stem from the burning of fossil fuels.[11] By relaxing regulations on solar and wind energy systems, citizens are able to choose systems that help mitigate the effects of climate change while improving and promoting human health.[12]

EXAMPLES

Minneapolis, MN

Minneapolis like most municipalities has height and setback requirements in each of its zoning districts. These requirements would in many cases frustrate the construction of wind and solar power systems. However, Minneapolis codified separate ordinances to govern wind and solar energy systems in all districts.[13] One ordinance sets universal standards for wind production in all districts. This ordinance specifically governs wind systems while solar systems are governed by other sections of the code. Wind energy systems are limited to a height of 15 feet measured from where the turbine is attached either to the building or to the ground.[14] These attached systems are permitted by right.[15] On buildings that are over four stories, the wind energy system must be installed above the fourth story.[16] Free standing systems are permitted on a conditional basis, and must comply with condition specific standards such as encroachments and setbacks, specific height requirements per zoning district, etc.[17] The provision also lists specific aesthetic requirements that the wind systems must meet, including using compatible materials, colors, and textures of surrounding buildings.[18]

The ordinance for solar systems functions in a similar fashion to the wind system ordinance and allows solar systems by right within all zoning districts.[19] The solar ordinance sets height requirements for solar systems to not extend further than three feet above the ridge level roof and cannot extend further than ten feet above surface roof. The setback requirement for solar systems is one foot from the perimeter of the roof, but for any system which does not extend above three feet there is no setback requirement.[20] For freestanding solar systems, they must be constructed to stand below twenty feet or to not exceed the principal structure.[21] The ordinance also sets a requirement that for solar systems within a residential or office district, the system may not exceed five percent of the total lot area.[22] Furthermore, the ordinance states that even if the solar system does not meet the above criteria, there is the option of applying for a permit for conditional use.[23] This application mirrors the above criteria, and allows for an administrative evaluation of the specific applicant.[24]

To view the wind energy provision see Minneapolis, MN, Zoning Code § 535.710 (2007).

To view the solar energy provision see Minneapolis, MN, Zoning Code § 535.840 (2007).

Laramie, WY

Laramie’s energy code allows for both solar and wind energy systems in all zoning districts, with no exceptions for homeowners association restrictions.[25] Solar energy systems are given an additional three feet of space above the maximum building height.[26] While wind energy systems are allowed to reach a maximum of 75 feet from the ground.[27] Setback requirements for solar systems may extend three feet into the area, and systems which exceed the three feet have the option to be permitted for a conditional use.[28] The setback requirements for wind systems are separated by freestanding towers, which are required to be set back the distance of the system’s height. Mounted systems must be setback according to the applicable code found in Section 15.12.000.[29] These relaxed standards for height and setback help meet the code’s purpose in decreasing dependence upon non-renewable energy systems.[30]

To view the provision see Laramie, WY, Code of Ordinances § 15.14.030 (A) (1) (2017).

ADDITIONAL EXAMPLES

Seattle, WA, Municipal Code § 23.44.046 (2010) (allows solar collectors specifically to exceed height restriction by several feet and provides unique setback for solar collectors).

Watertown, MN, Code of Ordinances § 61-16 (2016) (creates a set of guidelines for the placement of home solar systems).

Stoughton, WI, Code of Ordinances §78-206 (10) (2009) (provides setback and height requirements for small wind energy systems).