HomeMy WebLinkAboutWind & Solar Text Amend Memo
Wind and Solar BOCC Memo Page 1
MEMORANDUM
TO: Deschutes County Board of Commissioners
FROM: Nick Lelack, Planning Director
DATE: February 16, 2010
MTG: February 24, 2010
SUBJECT: Wind and Solar Text Amendments
BOARD DIRECTION:
Wind Energy Systems
Staff seeks the Board’s direction on whether or not to initiate text amendment to allow small
wind energy systems. Two approaches are available: 1) expanding the height limit; or 2)
developing a comprehensive small wind energy systems ordinance.
If the Board directs staff to initiate the amendments, publication of forthcoming public hearings
would occur through the website, emails, and newspaper ads, but not direct mailings due to a
lack of available resources. Additionally, a Measure 56 notice is not applicable because the
Deschutes County Code (DCC) would be broadened to accommodate small wind energy
systems.
Solar Ordinance Amendments
Staff seeks the Board’s guidance regarding whether the Deschutes County solar ordinance
should include a variance procedure that allows neighbors to mutually agree to waive the
protections of the solar ordinance through the recording of a solar easement.
SUMMARY:
This is a follow-up work session to discuss potential amendments to the DCC to allow small
wind energy systems, and/or amendments to allow new variance criteria to the Solar Ordinance.
Planning staff seeks direction on if and when to propose amendments to the DCC for either or
both of these amendments. Staff received positive input from the public about allowing wind
energy systems (input was not sought on amendments to the Solar Ordinance) during last fall’s
Comprehensive Plan Update open houses and Fall Home Show. The Planning Division
currently has the resources to draft the amendments and findings, and conduct public hearings.
DISCUSSION:
Wind Energy Systems
Small wind energy facilities are allowed throughout Deschutes County in most zoning districts
as a “utility facility for commercial energy production” or as a residential accessory structure.
However, the height limitations effectively preclude the installation/development of such
facilities. The maximum building height in most zoning districts is 30 feet. Exceptions are
allowed for structures to be up to 36 feet outside of the Landscape Management Combining
Zone. The draft Comprehensive Plan Update includes policies to encourage and allow
individual and commercial alternative energy, including small wind energy systems and wind
farms.
In response to public interest in allowing alternative energy and, in particular, small wind energy
systems over the past couple of years, staff conducted a work session on this topic with the
Board on October 7, 2009. At that meeting, staff explained that wind energy siting is divided
into two broad categories: (1) Small Wind Energy Systems that are for residential or small scale,
non-commercial use; and (2) Commercial-Scale Wind Farms. The key issues in development
wind and/or renewable energy ordinances generally are:
• Height and setback distances;
• Lot size;
• Aesthetics;
• Sound/noise; and
• Number of turbines/units.
Code amendments to allow the siting of wind energy systems could occur through:
1. Allowing higher maximum building heights for the turbines (all other development
standards would apply); or
2. Developing a wind energy systems ordinance that addresses the range of key issues
discussed above.
The Board directed staff to gather public input on whether and how to draft a wind energy code
and provide an update to them in early 2010. In response, staff prepared a brochure that
summarized small wind energy systems, issues associated with the systems, current DCC, and
options/methods to regulate such systems. Staff received overwhelmingly positive comments
about allowing such systems at the Fall Home Show and at the open houses. In addition, 26
brochures were submitted to staff indicating people’s preferences about how to regulate such
systems.
Solar Ordinance Amendments
Deschutes County currently administers two types of solar ordinances. One seeks to protect
solar access for users of active solar collectors, such as solar panels, while the other protects
the right of a homeowner to passively enjoy the benefits of solar lighting and heating. These
benefits can be aesthetically and economically significant. In order to protect these passive
solar benefits, Deschutes County adopted rules that limit the amount of shading that new
construction can impose on neighboring properties.
Wind and Solar BOCC Memo Page 2
Occasionally, new construction will cast a shadow on a neighbor’s property in a location that
does not shade that neighbor’s dwelling. Often, in this situation, the neighbor would be willing to
accept this shading. Unfortunately, under the current DCC, neighbors are not allowed to
mutually agree to waive the protections of the solar ordinance. DCC 18.116.180 allows
exceptions and exemptions to the solar standards, however, they do not adequately address the
issue stated above with new construction that casts a shadow on a neighbor’s property but not a
structure, and the neighbor accepts the shading. Staff has researched opportunities to address
this issue, and has found a potential solution.
The City of Ashland solar ordinance includes a variance procedure that allows neighbors to
mutually agree to waive the protections of the solar ordinance through the recording of a solar
easement. Consent is therefore required from a neighboring property owner for the approval of
a variance.
BOARD DIRECTION RECAP
Staff seeks direction on whether and when to initiate two (2) text amendments to the DCC to
allow:
(1) Small wind energy systems and, if so, what type of amendments (just the height limit or the
comprehensive small wind energy systems ordinance); and
(2) A new variance procedure to the solar ordinance.
Wind and Solar BOCC Memo Page 3