Lancaster Municipal Code Art. V Solar, Wind, and Alternative Energy Uses

The purpose of the solar, wind, and alternative energy uses section of this Code is to encourage investment in alternative energy uses in the city, while providing regulations and guidelines for the installation of these uses. The regulations and guidelines shall ensure that solar, wind, and alternative energy uses, whether as primary or accessory uses, are functionally effective and efficient, aesthetically pleasing in design, and complements the structures they are attached to, and the surrounding environment that they are located in.

(Ord. No. 989, § 1, 4-9-2013)

All solar farms (solar photovoltaic electric generation facilities) shall comply with all applicable provisions of the city codes, the state building and utility codes, and the standards of this section.

(Ord. No. 989, § 1, 4-9-2013)

A. Purpose and Applicability. The purpose of the solar farm (solar photovoltaic electric generation facility) standards is to encourage investment in solar energy on parcels zoned RR-2.5 in the city, while providing guidelines for the installation of solar facilities that complement the surrounding environment. All solar farms shall comply with all applicable provisions of the city codes and the standards of this section.

B. Approvals Required. As allowed only on properties zoned RR-2.5, the applicant shall submit for and receive approval of a conditional use permit and building permit prior to construction of a solar farm.

C. Design Requirements.

1. No unscreened outdoor storage of any kind would be allowed on the site.

2. Barbed wire is acceptable on the top of the perimeter fence to provide site security, but razor wire is prohibited.

3. Restroom facilities shall be provided on the project site for use by maintenance staff.

4. Per the direction of the planning director, the applicant shall install landscaping along the perimeter of the project site for screening purposes.

5. Per the direction of the director of public works, the applicant shall dedicate right-of-way for all necessary street improvements.

D. Findings.

1. The solar farm will be in conformance with the general plan land use designation of non-urban residential and with general plan policy 3.6.6, which states, "consider and promote the use of alternative energy such as wind energy and solar energy."

2. The requested use at the location proposed will not:

a. Adversely affect the health, peace, comfort, or welfare of persons living in the surrounding area because the proposed use will be buffered from the surrounding residential zones by vegetation, berms, or other means and the panels and trackers generate minimal amounts of noise.

b. Be materially detrimental to the use, enjoyment, or valuation of property of other persons located in the vicinity of the site because the proposed panels are within the height regulations of the rural residential zones and are designed with adequate setbacks from the adjacent street.

c. Jeopardize, endanger or otherwise constitute a menace to the public health, safety, or general welfare because adequate sewer, water, drainage, and improvements will be part of the project.

3. The solar farm will not adversely affect other nearby uses because all aesthetic, noise, and other environmental concerns will be mitigated through various design features, including landscaping and screening, and the use of silent or low-noise equipment.

4. The proposed site is adequate in size and shape that accommodate the solar photovoltaic electric generation facility, landscaping, and other development features prescribed in the zoning ordinance or as otherwise required in order to integrate said use with the use in the surrounding areas.

5. The proposed site is adequately served by the surrounding streets, which are of sufficient width and improved as necessary to carry the anticipated daily vehicle trips such use would generate; and by other public and private service facilities, including sewer, water, fire, and police services as required.

6. The proposed use will not result in a significant effect on the environment because all potential impacts have been found to be less than significant with the inclusion of mitigation measures, or are determined to be acceptable due to overriding considerations.

(Ord. No. 989, § 1, 4-9-2013)

A. Purpose and Applicability. The purpose of the solar energy system standards is to encourage investment in solar energy on all parcels in the city, while providing guidelines for the installation of those systems that are consistent with the architectural and building standards of the city. All solar energy systems shall comply with all applicable provisions of the city codes and the standards of this section.

B. Approvals Required. The applicant shall submit for and receive approval of a building permit prior to installation of any solar energy system.

C. Ground-Mounted Solar Energy Systems.

1. All ground-mounted solar energy systems shall not be located within the required front, side, or rear building setbacks, or front yard area, and shall comply with all applicable height restrictions.

2. To the extent possible, without compromising the solar energy system's access to the sun, ground-mounted solar energy systems shall be screened from view at-grade from all adjacent streets and adjacent properties.

D. Roof-Mounted Solar Energy Systems.

1. Solar panels and accessory equipment shall be designed and located on a house in a manner that minimizes the detrimental impact to the aesthetic appearance of a house.

2. All solar energy system appurtenances such as, but not limited to, water tanks, supports, wiring and plumbing shall be screened to the maximum extent possible without compromising the effectiveness of the solar collectors, and shall be painted a color similar to the color of the surface upon which they are mounted. Solar collectors are exempt from the screening and color provisions of this subsection.

3. All roof-mounted solar collectors can be mounted at an optimum angle to the sun for maximum energy production.

(Ord. No. 989, § 1, 4-9-2013; Ord. No. 1070, § 4(Exh. A), 1-14-2020)

A. Purpose and Intent. It is the purpose and intent of this section to provide standards and procedures for builders of new homes to install solar energy systems in an effort to achieve greater usage of alternative energy.

B. Applicability. These specific standards are applicable for all new single-family homes with a building permit issuance date on or after January 1, 2014.

C. Provision of Solar Energy Systems.

1. A builder shall provide solar energy systems for new detached single family homes in accordance with the energy generation requirements as listed in Section 17.08.060 of the Lancaster Municipal Code. It is intended that no individual installed system shall produce less than 2 watts per square foot of each home built by the builder. For example a 2,000 square foot home would require builder to install a 4 kW system. A builder may also adjust the amount of solar installed after demonstrating to the building official that the zero net energy requirements can be met with the installation of a smaller system.

2. Installation of solar energy systems is required for all new single family detached homes within a production subdivision. A builder may also meet the solar requirement by paying a solar mitigation fee based on the square footage of the living space of each home that is built.

3. Builders shall demonstrate through building plan check their intention to meet the solar zero net energy requirement.

4. Builders shall build solar energy systems on model homes, reflective of the products that will be offered to homebuyers.

5. If a tract is built in phases, the solar energy generation requirement shall be fulfilled for each phase, or release of homes.

6. Solar energy systems shall meet the development standards and guidelines as described in the Lancaster Zoning Code.

7. Solar energy systems for multi-family developments may be provided on rooftops, or on solar support/shade structures.

8. Accessory dwelling units (ADU) that are exempt from the zero net energy requirements.

9. New single family residential units that comply with the zero net energy requirements shall not be required to comply with the landscaping and irrigation requirements of Section 17.08.110.A.12 and Section 8.30.040.B of the Lancaster Municipal Code with respect to the rear yard area."

D. Alternative Methods of Compliance. If site-specific situations make it impractical for a builder to meet the requirements of this section, the builder may propose an alternative method of compliance with the intent of this section. An alternative method of compliance shall be approved where the building official finds that the proposed alternative is satisfactory and complies with the intent of the provisions of this section.

(Ord. No. 989, § 1, 4-9-2013; Ord. No. 1020, §§ 2, 3, 2-14-2017)

A. Purpose and Intent. It is the purpose and intent of this section to promote the safe, effective and efficient construction and use of VAWTS on residential lots within the city limits of the city. These regulations are intended to assure that VAWTS are designed and located in a manner that minimizes visual, noise, and safety impacts on the surrounding community. Commercial wind turbines in residential zones are subject to a conditional use permit.

B. Applicability. These specific standards are applicable for all vertical axis wind turbine system in residential zones allowed subject to approval of a director's review in accordance with Article VI of Chapter 17.32.

C. Definitions. The following are definitions of specialized terms and phrases used in this section. Definitions of general terms and phrases are located in Section 17.04.240 (definitions).

"Director" means the planning director of the city.

"FAA" means Federal Aviation Administration.

"Guy wires" means wires or cables used in tension to support a tower.

"Tower" means the portion of the VAWTS upon which the turbine is mounted.

"Tower height" means the height above grade of the fixed portion of the tower measured from the ground to the top of the tower, excluding the VAWTS, blades and wind-measuring devices.

"USGS" means the United States Geological Survey.

"Vertical axis wind turbine system" ("VAWTS") means a small scale, non-commercial vertical axis wind turbine system, designed with a vertical axis, suitable for residential zones consisting of a wind turbine, tower, blades, associated controls and conversion electronics, which has a rated capacity that does not exceed the allowable rated capacity under the emerging renewables fund of the renewables investment plan administered by the state energy commission and which will be used primarily to reduce on-site consumption of utility power by converting mechanical energy into electricity. For the purposes of this section, "wind turbine" shall mean the same as VAWTS.

D. Restriction on Use of Electricity Generated by VAWTS. A VAWTS shall be used exclusively to supply electrical power for on-site consumption. Electrical power generated by the VAWTS exceeding on-site consumption may be used by the utility company in exchange for a reduction in the cost of electrical power supplied by that company to the parcel for on-site use, as long as no net revenue is produced by such excess electrical power. VAWTS, as allowed pursuant to this section shall not be used for commercial production or profit.

E. Type of Device. Vertical axis wind turbines system (VAWTS) shall meet the following guidelines. All other noncommercial and commercial wind energy conversions system shall meet the requirements outlined in article XI, wind energy conversion systems and shall be subject to a conditional use permit.

F. Property Development Regulations. A VAWTS shall be subject to all applicable regulations of the residential zone in which it is proposed, except that the following standards shall take precedence over the regulations of the residential zones to the extent that they differ. The following shall be deemed to be conditions of approval of every VAWTS unless specifically modified under the director's review and approval process.

1. No part of a VAWTS shall be located within or over drainage, utility, or any other established easements. Each VAWTS shall be setback from the nearest above-ground public communication or electrical line by a distance which is equivalent to the height of the VAWTS.

2. Blade Clearance. No part of a VAWTS blade shall extend within 15 feet of the ground, trees, or any other structure.

3. Only one VAWTS shall be allowed per residence.

4. Devices mounted on a building may require strengthening of the existing structure to bear the additional weight and stress created by the VAWTS for which a building permit shall be obtained.

G. Yard Requirements. The following shall apply for building and ground mounted VAWTS in all residential zones:

1. VAWTS shall be located behind the primary building outside of the front, side and rear yard setbacks (refer to Section 17.08.060).

2. Tower height shall not exceed the maximum height of the zone in which the VAWTS is located (refer to Section 17.08.060).

Diagram showing allowed location of VAWTS [Figure: Diagram showing allowed location of VAWTS]

H. VAWTS Standards.

1. Cage Width. Maximum 78 inches (6½ feet).

2. Cage Height. Maximum 84 inches (7 feet).

3. California Energy Commission Approval. The equipment shall meet the state energy commission standards for approved small wind turbines (VAWTS) [www.consumerenergycenter.org].

4. Compliance with Aviation Safety Standards. The VAWTS shall comply with all applicable FAA requirements, including any necessary approvals for installations close to airports and other facilities with flight operations in the vicinity such as Fox Field, and Plant 42.

5. Design. A VAWTS must be designed and constructed in accordance with the following:

a. Colors. The colors used in the construction materials or finished surface shall be muted and visually compatible with surrounding development.

b. Lighting. If required by FAA requirements, all required lights shall be shielded from adjacent properties, and no other lights shall be placed upon the tower.

c. Noise. Noise from a VAWTS shall conform with normally acceptable noise standards of 65 dBA at property line.

d. Visual Effects. Any VAWTS that is placed within the viewshed of a designated scenic highway or vista shall be assessed for its visual effects, and appropriate conditions relating to setting, buffers, and design of the facility.

e. Climbing Apparata. All climbing apparatus for ground-mounted VAWTS must be located at least 15 feet above the ground, and the structure must be designed to prevent climbing within the first 15 feet.

f. Automatic Overspeed Controls. VAWTS shall be equipped with manual and automatic overspeed controls to limit the blade rotation speed to within the design limits of the VAWTS.

g. Access Doors. If a VAWTS is equipped with access doors, all access doors shall be lockable.

6. Grid Interconnection. The renewable energy must be permanently interconnected to the electrical distribution grid of the utility serving the customer's electrical load. The VAWTS shall interconnect to the electricity distribution system and must comply with applicable electrical codes and utility interconnection requirements.

7. Maintenance. VAWTS shall be maintained in an operational condition that poses no potential safety hazards.

8. Removal. Within 6 months after the VAWTS has ceased to operate the permittee shall remove the VAWTS, clear the site of all equipment, and restore the site as nearly as practicable to its condition prior to the installation of the VAWTS. Failure to remove such VAWTS shall constitute as a public nuisance.

I. The planning director can require additional design criteria or other information as deemed necessary to integrate the proposed VAWTS with the surrounding area.

(Ord. No. 989, § 1, 4-9-2013)

A. Purpose and Intent. It is the purpose and intent of this section to promote the safe, effective and efficient construction, and use of NC-WES in the rural residential zones (RR-1 and RR-2.5 only). These regulations are intended to assure that NC-WES are designed and located in a manner that minimizes visual, noise, and safety impacts on the surrounding community.

B. Applicability. These specific standards are applicable for all non-commercial wind energy systems in the rural residential zones (RR-1 and RR-2.5 only), and subject to approval of a director's review in accordance with Article VI of Chapter 17.32. The definitions contained in Section 17.04.240 regarding wind energy conversion systems shall apply to this section.

C. Development Standards. An NC-WES shall be subject to all applicable regulations of the rural residential zones (RR-1 and RR-2.5 only) in which it is proposed, except that the following standards shall take precedence over the regulations of the rural residential zones to the extent that they differ.

1. Accessory Use. A NC-WES is considered to be an ancillary structure and may only be placed on a parcel already developed with a primary use, or placed on a parcel concurrent with the development of a primary use.

2. Minimum Lot Size. The minimum parcel size shall be 40,000 square feet.

3. Location of NC-WES. A NC-WES shall be located:

a. Behind the primary building within the buildable area of the parcel (exclusive of required front, side, and rear yard areas), and located a minimum of 30 feet from any property line. (Note: setback distances shall not apply to guy wires or anchors).

b. Shall not be located within or over drainage, utility, or other established easements.

c. Each wind turbine shall be setback from the nearest above-ground public communication or electrical line by a distance which is equivalent to the height of the wind turbine.

4. Blade Clearance. No part of an NC-WES blade shall extend within 15 feet of the ground, trees, or any other structure.

5. Maximum Tower Height. Tower height shall not exceed 65 feet above grade on any parcel of 5 acres or less. Parcels greater than 5 acres in size may have a maximum tower height of 80 feet.

6. Maximum Blade Rotor Area Diameter. The overall diameter of the blade area shall not exceed 24 feet.

7. Compliance with Aviation Safety Standards. The NC-WES shall comply with all applicable Federal Aviation Administration (FAA) requirements, including any necessary approvals for installations within an adopted airport land use plan, air installation compatibility use zone (AICUZ), or other recognized over-flight area.

8. Wind Turbine Approval. Wind turbines must be approved under the emerging technologies program of the state energy commission or any other small wind certification program recognized by the AWEA.

9. Design. An NC-WES must be designed and constructed in accordance with the following:

a. Colors. The colors used in the construction materials or finished surface shall be muted and visually compatible with surrounding development.

b. Lighting. Lighting of the tower shall only be permitted if required by, and done in conformance with, the requirements of the FAA.

c. Noise. Noise from an NC-WES shall not exceed 65 decibels at any property line.

d. Visual Effects. Any NC-WES that is placed within the view shed of a designated scenic highway or vista shall be assessed for its visual effects, and appropriate conditions relating to setting, buffers, and design of the facility.

e. Climbing Apparatus. All climbing apparatus must be located at least 15 feet above the ground, and the tower must be designed to prevent climbing within the first 15 feet.

f. Automatic Overspeed Controls. An NC-WES shall be equipped with both manual and automatic overspeed controls to limit the blade rotation speed to within the design limits of the NC-WES.

g. Access Doors. If an NC-WES is equipped with access doors, all access doors shall be lockable.

10. Signs. One sign, limited to 18 inches in length and 12 inches in height, shall be posted at the base of the Tower. The sign shall include a notice of no trespassing, a warning of high voltage, and the phone number of the property owner to call in the event of an emergency.

11. Maintenance. NC-WES shall be maintained in an operational condition that poses no potential safety hazards.

12. Removal. Within 6 months after the operation of an NC-WES has ceased the permittee shall remove the NC-WES, clear the site of all equipment, and restore the site as nearly as practicable to its condition prior to the installation of the NC-WES. Failure to remove such NC-WES as required above shall constitute a public nuisance.

Diagram showing allowed location of NC-WES (RR-2.5 and RR-1 only) [Figure: Diagram showing allowed location of NC-WES (RR-2.5 and RR-1 only)]

D. Review and Decision Process.

1. Application. A director's review application in accordance with Article VI of Chapter 17.32 shall be filed for a NC-WES meeting the requirements of this section.

2. Notice of Application. The applicant shall submit as part of the director's review, a list of all owners of real property as listed on the latest county assessor's equalized assessment roll, located within 300 feet of the boundaries of the parcel on which the NC-WES is proposed. Written notices shall be given by mail to all such owners of the intent to consider the application for a NC-WES at least 10 days prior to a decision on the application.

3. Consideration by Planning Director. The planning director shall review the application for conformance with the requirements of this section and consider any comments received prior to making a decision on the request. The planning director shall approve, approve with conditions, or deny the application. Any decision of the planning director may be appealed to the planning commission in accordance with Chapter 2.44.

(Ord. No. 989, § 1, 4-9-2013)

Electric Vehicle Charging Stations (EVCS). New residential development shall provide for EVCS in the manner prescribed as follows:

A. Garages serving each new single-family residence and each unit of a duplex shall be constructed with a gang box (4 inches by 4 inches) connected to a conduit linking the garage to the electrical service, with available "Level 2" plug-in voltage of 240 volt, in a manner approved by the building and safety official, to allow for the future installation of electric vehicle supply equipment to provide an EVCS for use by the resident.

B. In new multiple-family projects of 10 dwelling units or less, 20% of the total parking spaces required (all of the 20% shall be located within the required covered parking) shall be provided with a gang box (4 inches by 4 inches) connected to a conduit linking the covered parking spaces or garages with the electrical service, in a manner approved by the building and safety official, to allow for the future installation of electric vehicle supply equipment to provide EVCSs at such time as it is needed for use by residents. EVCSs shall be provided in disabled person parking spaces in accordance with state requirements.

C. In new multiple-family projects of more than 10 dwelling units, 10% of the total parking spaces required (all of the 10% shall be located within the required covered parking) shall be provided with a gang box (4 inches by 4 inches) connected to a conduit linking the covered parking spaces or garages with the electrical service, in a manner approved by the building and safety official. Of the total gang boxes provided, 50% shall have the necessary electric vehicle supply equipment installed to provide active EVCSs ready for use by residents. The remainder shall be installed at such time as they are needed for use by residents. EVCSs shall be provided in disabled person parking spaces in accordance with state requirements.

(Ord. No. 989, § 1, 4-9-2013)