Chapter 18.185
RENEWABLE ENERGY SYSTEMS
Sections:
18.185.040 Solar and wind energy systems – Permitting table.
18.185.050 Solar energy systems.
18.185.060 Wind energy systems.
18.185.070 Historic resources.
18.185.080 Wind and solar farms.
18.185.090 Emerging technologies.
18.185.010 Purpose.
The purpose of this chapter is to establish zoning regulations for the development and operation of renewable energy systems for electricity generation and consumption. It also includes standards for the placement and design of such systems that address public health and safety, and, for wind energy systems or wind farms, aesthetic quality of the city as set forth within the goals and policies of the general plan. The city recognizes that the efficient use of renewable energy systems reduces on-site consumption of utility supplied electricity, reduces dependence on nonrenewable energy sources and results in an overall reduction of greenhouse gas emissions. (Ord. 7-2012 § 1, 5-1-12. 1990 Code § 8-22050.)
18.185.020 Applicability.
No renewable energy system shall be installed or operated except in compliance with this chapter. (Ord. 7-2012 § 1, 5-1-12. 1990 Code § 8-22051.)
18.185.030 Definitions.
“Renewable energy system” means a solar energy system, wind energy system, solar farm, or wind farm.
“Solar energy system” means a private, noncommercial energy producing system designed to reduce on-site consumption of utility power consisting of photovoltaic panels that are roof-mounted or ground-mounted on a support structure for the purpose of collection, storage and distribution of solar energy for space heating or cooling, water heating or electricity generation.
“Solar farm” means a collection of photovoltaic solar panels arrayed on a ground-mounted support structure for the sole purpose of generating electricity for off-site consumption distributed through the electrical grid.
“Toe of the hill” or “TOH” is defined in Section 18.25.2880.
“Wind energy system” means a private, noncommercial wind energy conversion system designed to reduce on-site consumption of utility power consisting of a wind turbine, a tower, and associated controls with a rated capacity of 20 kilowatts (kW) or less. A wind energy conversion system may be installed onto the roof of a structure (roof mount) or onto a ground-mounted structure (ground mount). The height of such structure shall be measured to the highest point of the tower or support structure.
“Wind farm” means one or more wind turbines each with a rated capacity of 20 kilowatts (kW) or more developed for the sole purpose of generating electricity for off-site consumption distributed through the electrical grid. (Ord. 7-2012 § 1, 5-1-12. 1990 Code § 8-22052.)
18.185.040 Solar and wind energy systems – Permitting table.
This table provides a general overview; refer to the text for specific requirements. In the event of any conflict between the text and this matrix, the text will govern.
|
General Plan Land Use or Location |
Solar Panels (Roof-Mounted) |
Solar Arrays (Ground-Mounted) |
Wind Turbines (Roof-Mounted) |
Wind Turbines (Ground-Mounted) |
|---|---|---|---|---|
|
Areas above the toe of the hill (TOH) (Subject to the Hill Area Initiative of 2002) |
Conditional use permit for nonresidential parcels |
|||
|
Residential |
Permitted use* |
Not permitted |
||
|
Commercial and industrial |
Permitted use* |
Permitted use** |
||
|
Open space below the TOH |
Not permitted except in city parks |
Not permitted except in city parks |
||
|
All other areas |
* Permitted accessory use to a residential, commercial or industrial use when the system is not more than 10 feet above the highest roof line of the structure and the turbine diameter is 60 inches or less. Otherwise, a zoning administrator permit is required.
** Permitted accessory use to general or regional commercial and industrial land uses when the system is not more than 60 feet tall, or to city center, town center or mixed-use designated parcels when the system is not more than 40 feet tall. Otherwise, a zoning administrator permit is required.
(Ord. 7-2012 § 1, 5-1-12. 1990 Code § 8-22053.)
18.185.050 Solar energy systems.
(a) Permitted Accessory Use. Solar energy systems (roof or ground mount) are permitted accessory uses in all zoning districts subject to the regulations in this article, the provisions of the Hill Area Initiative of 2002 and accessory use standards. Ground-mounted solar energy systems are also subject to Chapter 18.235, Design Review Permits.
(b) Siting and Locational Standards. Solar energy systems shall be located and constructed as follows:
|
Standards |
Roof-Mounted Solar Panels |
Ground-Mounted Solar Arrays |
|---|---|---|
|
Maximum height of system |
n/a |
12 feet on residential designated parcels and parcels used for residential, 24 feet in all other districts. |
|
Location on parcel |
n/a |
Rear yard on residential designated parcels and parcels used for residential; and front, side or rear yard in all other zoning districts. |
|
Maximum parcel coverage |
n/a |
Residential parcels subject to detached accessory structure provisions under Chapter 18.153. Fifty percent of entire parcel in all other designations. |
|
Separation requirements to buildings and property lines |
n/a |
Subject to detached accessory structure provisions under Chapter 18.153. |
(c) Other Requirements.
(1) Security. Ground-mounted solar arrays located on commercial or industrial designated lands and visible from the public right-of-way are encouraged to be secured with fencing that is decorative in nature.
(2) Feeder Lines. Feeder lines and any other appurtenant equipment serving the solar energy system are encouraged to be screened to the maximum extent possible or placed underground where screening is not feasible.
(3) Abandonment of Use. If a ground-mounted solar energy system remains nonfunctional or inoperative for a period of one year it shall be deemed abandoned and shall be dismantled and removed from the property at the expense of the property owner.
(d) Demonstration Systems. Nothing in this chapter is meant to restrict or discourage the use of solar energy systems for the purposes of demonstrating their operational characteristics by commercial or industrial businesses involved in the sale or manufacturing of such systems. However, such demonstration systems are permitted only as an accessory use to a principally permitted use. Demonstration systems may be located on a separate parcel only if that parcel is adjacent to the parcel on which the principal use is located and where both parcels contain the same general plan land use designation.
(e) Solar Arrays in Parking Lots. Where solar arrays are installed over parking lots, the portion of the parking lot covered by the array is exempt from the tree planting requirements of Section 18.183.110(e)(4)(B). The applicability of this exemption shall be reviewed through the design review permit process of Chapter 18.235. All other landscape requirements shall apply. Any removal of trees shall be governed by the tree preservation ordinance as set forth in Chapter 18.215. (Ord. 7-2012 § 1, 5-1-12; Ord. 9-2014 § 27, 3-4-14. 1990 Code § 8-22054.)
18.185.060 Wind energy systems.
(a) Permitting Process.
(1) Roof-mounted wind energy systems are a permitted accessory use; provided, that they are located below the toe of the hill, no more than 10 feet above the highest roofline, have a blade diameter of five feet or less and not located on a register resource or potential register resource.
(2) All other roof-mounted wind energy systems require a zoning administrator permit except where prohibited as set forth in subsection (a)(7) of this section.
(3) Ground-mounted wind energy systems are not permitted on residential parcels.
(4) Ground-mounted wind energy systems on nonresidential parcels located above the toe of the hill require a conditional use permit, and are subject to applicable provisions of the Hill Area Initiative of 2002 (Measure T), including those related to visual safeguards.
(5) Ground-mounted wind energy systems located on general commercial, regional commercial or any industrial designated parcels and no more than 60 feet tall are a permitted accessory use. Otherwise, a zoning administrator permit is required.
(6) Ground-mounted wind energy systems located on any city center, town center or mixed-use designated parcels and no more than 40 feet tall are a permitted accessory use. Otherwise, a zoning administrator permit is required.
(7) Wind energy systems are not permitted in any open space land use designations below the toe of the hill except the city park designation.
(b) Number of Systems. The number of wind energy systems is limited as follows:
(1) One roof-mounted wind energy system shall be allowed per residential parcel.
(2) One wind energy system shall be allowed per parcel above the toe of the hill and per commercial parcel located in the city center or town center land use designation subject to siting and location standards.
(3) Two wind energy systems shall be allowed per commercial parcel designated as mixed-use, general commercial or regional commercial subject to siting and location standards.
(4) There is no limit on the number of wind energy systems for parcels designated as public facility or any parcels designated as Industrial subject to siting and location standards.
(5) Except as set forth in subsection (b)(1) of this section, the planning commission may permit additional wind energy systems on a parcel subject to siting and location standards and a conditional use permit.
(c) Siting and Location Standards. Wind energy systems shall be located and constructed as follows:
|
Standards |
Roof-Mounted Wind Energy Systems |
Ground-Mounted Wind Energy Systems |
|---|---|---|
|
Location on parcel |
n/a |
Front, side, or rear yard |
|
Separation requirements to property lines and other wind turbines |
5 feet or total turbine diameter, whichever is greater |
15 feet or total turbine diameter, whichever is greater |
|
Maximum height of system (top of tower) |
15 feet above highest roof line |
60 feet on parcels less than 20,000 square feet; 80 feet on parcels between 20,000 square feet and one acre; 120 feet on parcels greater than one acre |
|
Rotor blade diameter |
10 feet |
25 feet |
(d) Other Requirements.
(1) Braking Systems. All wind energy systems shall be designed with braking mechanisms or overspeed control to prevent uncontrolled rotation, excessive speed and pressure on the support structure, rotor blades and system components.
(2) Lighting. No lighting shall be allowed on any wind turbine tower except that which is required by the Federal Aviation Administration.
(3) Noise. Wind energy systems shall comply with the noise requirements of the general plan.
(4) Electromagnetic Interference. Wind energy systems shall be operated so as to avoid disruptive electromagnetic interference to off-site telecommunications, surveillance, or other similar systems. Where such interference occurs, the system operator shall promptly eliminate the interference or cease operation of the system.
(5) Feeder Lines. To the maximum extent possible, feeder lines and any other appurtenant equipment serving the wind energy system shall be screened, or placed underground where screening is not possible.
(6) Guy Wires. Anchor points for any guy wires for the support structure shall be located within property lines and not on or across any aboveground electric transmission distribution line. Written permission of the easement holder must be obtained prior to extending guy wires across underground easements.
(7) Access. Where a support structure is a lattice tower, one of the following methods shall be used to restrict access:
(A) The climbing apparatus shall be elevated at least 12 feet from the ground;
(B) A locked anti-climbing device shall be installed on the tower; or
(C) The tower shall be enclosed by a locked six-foot fence.
(8) Deviations. Any deviations from the required standards of this chapter regarding wind energy systems may be considered through a conditional use permit process in accordance with Chapter 18.230. For deviations to height standards, the applicant shall provide the following:
(A) Proof of substantial wind obstruction preventing maximum efficiency of the wind energy systems at the maximum allowable height; and
(B) A visual impact analysis of the proposed wind energy system as installed including photo simulations and any visual screening incorporated to lessen the system’s visual prominence.
(e) Abandonment of Use. If the wind energy system remains nonfunctional or inoperative for a period of one year, it shall be deemed abandoned and shall be dismantled and removed from the property at the expense of the property owner. (Ord. 7-2012 § 1, 5-1-12. 1990 Code § 8-22055.)
18.185.070 Historic resources.
Notwithstanding anything to the contrary in this chapter, where a renewable energy system is proposed to be located on a property containing a register resource or potential register resource as defined in Chapter 18.175 (Historic Resources) or within a historical overlay district under Chapter 18.135, review shall be conducted in accordance with the applicable chapter. (Ord. 7-2012 § 1, 5-1-12. 1990 Code § 8-22056.)
18.185.080 Wind and solar farms.
Wind farms or solar farms for commercial electricity production may be permitted subject to conditional use permit review and approval by the planning commission, provided it is located on a lot designated as public facility or general industrial on the general plan land use diagram, the lot size is greater than 10 acres and is located below the toe of the hill. Such systems are subject to the regulations of this chapter and any other regulations deemed necessary for the public health and safety by the community development director and/or chief building official. (Ord. 7-2012 § 1, 5-1-12. 1990 Code § 8-22057.)
18.185.090 Emerging technologies.
Nothing in this chapter is meant to restrict or prevent other renewable energy technologies from being constructed, operated or implemented. Implementation of such technologies shall be subject to the same requirements and follow the same general procedure as other renewable energy systems to the extent practicable. They shall also be subject to all provisions of the Fremont Municipal Code, California Building Code and other development related policies subject to review by the community development director. (Ord. 7-2012 § 1, 5-1-12. 1990 Code § 8-22058.)
18.185.100 Conflict.
This chapter is not intended to interfere with or annul any other ordinance, regulation, statute or other provision of law except as provided herein. If any provision of this chapter imposes restrictions different from any other ordinance, regulation, statute or other provision of law, the provision that is more restrictive shall control. (Ord. 7-2012 § 1, 5-1-12. 1990 Code § 8-22059.)
18.185.110 Indemnity.
Any property owner that installs a renewable energy system shall defend, indemnify and hold harmless the city and any of its boards, commissions, officers, agents and employees from any claim, action, or proceeding against the city, its boards, commissions, officers, agents and employees to attack, set aside, void or annul the approval of the project. (Ord. 7-2012 § 1, 5-1-12. 1990 Code § 8-22060.)