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Search Results for Topic : Zoning
Rye Brook, NY Affordable Housing Floating Zone
Date Added: Thursday, August 3, 2023Overlay District, Zoning
New York
Municipal
In order to qualify for the floating zone, developments of 2 units or more must be 50% affordable units. For rental units, households must make under 60% of AMI. For-purchase units, households must make under 80% of Westchester County AMI. The units must remain affordable for 50 years. The Board of Trustees can permit modification or waiver of the applicable dimensional and bulk requirements. To the extent practicable, the Board of Trustees and Planning Board shall prioritize affordable housing floating zone applications.
..
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Ellenville, NY Cluster Development Affordable Housing
Date Added: Thursday, August 3, 2023Clustering & Cluster Development, Zoning
New York
Municipal
Cluster developments with 10 or more housing units must designate at least 10% of units to be affordable. To be eligible to rent or purchase the household’s annual income must be between 80% and 120% of Ulster County AMI. Compliance with this requirement can only be met through construction of the affordable units on-site. Upon approval of the Village Board, all, or a portion of the fees for planning, zoning, and building related to the affordable units may be waived. ..
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Cambridge, MA Affordable Housing Overlay District
Date Added: Thursday, August 3, 2023Overlay District, Zoning
Massachusetts
Municipal
To qualify for the Affordable Housing Overlay zone, there must be 100% affordable units on site. For rental units, at least 80% of the units shall be initially occupied by households with gross annual income under 80% of AMI. Remainder of units shall be initially occupied by households under 100% of AMI. Rent, utilities, and fees should not exceed 30% of gross household income. For-purchase units, at least 50% of units should be sold to households with gross income under 80% of AMI. Remainder of units should be sold to households with income un..
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White Plains, NY Inclusionary Zoning
Date Added: Thursday, August 3, 2023Incentive Zoning, Zoning
New York
Municipal
There is a mandatory set-aside requirement for affordable units for any multi-family rental or mixed-use development that includes 10 or more residential rental units. If there are 10-14 units, there needs to be at least 1 affordable unit at 60% AMI. If there are 15+ units, the developer can choose to have 12% affordable units at 80% AMI or 8% of affordable units, 80% at 60% AMI, and 20% at 50% AMI. Compliance can be met by the inclusion of affordable units within an ARHP development or payment of a fee-in-lieu of providing affordable units wit..
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Chapter 9: Affordable Housing, Article II: Accessory Apartments and Apartment Units
Date Added: Tuesday, August 24, 2021Accessory Uses , Affordable Housing , Zoning
Massachusetts
Municipal
Seeks to create additional affordable housing through permitting unpermitted existing accessory dwelling units (ADUs) and encourage the creation of new ADUs. The ordinance also creates a local chapter of the states 40B, “Comprehensive Permit” program which “encourages the development of low- and moderate-income rental and owner-occupied housing and provides a means for the Board of Appeals to remove local barriers to the creation of affordable housing units.” Additionally, the ordinance commits certain resources in accordance with the towns Com..
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Article XVI.II. ADAPTIVE REUSE
Date Added: Tuesday, August 24, 2021Affordable Housing , Zoning
California
Municipal
Santa Ana Municipal Code §41-1650 through 1657 allows for the adaptive
reuse of nonresidential buildings into dwelling units, guest rooms or joint
living and work quarters within 4 designated “project incentive zones” if the
building either “was constructed in accordance with building and zoning
codes in effect prior to July 1, 1974” or “has been determined to be a
historically significant building.” The code also establishes development
standards; allows for residential use in the project incentive zones regardless
of underlying zoning;..
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Skagway Comprehensive Plan 2030
Date Added: Tuesday, August 24, 2021Affordable Housing , Zoning, Density
Alaska
Municipal
Skagway, Alaska has included multiple affordable housing goals in its 2030
Comprehensive Plan. A town of just over 1,000, Skagway is encouraging
residential development to accommodate anticipated population growth. The
town owns 8,850 acres of land in its borders and has created a residential land
disposal program to sell publicly owned land for residential development.
Target residential development categories include senior housing, affordable
housing, housing for full time workers and residents, and housing for those
earning 120% AMI ..
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Housing Choices (House Bill 2001)
Date Added: Thursday, August 12, 2021Affordable Housing , Zoning, Density
Oregon
State
This Bill was enacted in 2019 to create more affordable and diverse housing. In Oregon, more than 25% of households are single person, and housing options must grow to reflect that. HB 2001 requires all residential districts in medium-sized cities to allow for duplex housing and requires all large cities to allow for duplexes, triplexes, quadplexes, cottage clusters, and townhouses to meet the housing needs of Oregon’s diverse population. Oregon sets minimum standards for each housing type in order to ensure that these needs are being met. The ..
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Better Housing By Design
Date Added: Thursday, August 12, 2021Affordable Housing , Transfer of Development Rights (TDR), Zoning, Density
Oregon
Municipal
Portland, Oregon created a report titled “Better Housing By Design” to create plans to promote affordable and diverse housing. The report is a compilation of Portland’s recent zoning code amendments. Portland implemented code changes to address housing affordability and diversity, expand outdoor spaces and green design, building design and scale requirements, and more. Housing affordability and density changes were implemented in multi-family residential zones outside of the city core in order to expand options, diversity, and walkability. The ..
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Berkeley votes for historic housing change: an end to single-family zoning
Date Added: Thursday, August 12, 2021Affordable Housing , Zoning, Density
California
Municipal
Berkeley’s zoning code was amended to eliminate all single-family zones and replace them with multi-family zones, allowing for development of duplexes, triplexes, and fourplexes to alleviate the city’s housing strain. This is estimated to add an additional 9,000 housing units in the next several years. Berkeley was nationally known for being the “birthplace of exclusionary zoning,” and the town decided it was time to address the issue. The new units will match existing neighborhood style while also maintaining historic character...
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General Plans and Zoning: A toolkit for building healthy, vibrant communities
Date Added: Thursday, July 19, 2018Land Use Planning, Healthy Communities, Zoning
State: Not Applicable
N/A
This resource is helpful for communities to look to see how zoning and public health relate. There is an overlap between public health and zoning. On page 135, the City of Berkley provides an example of zoning for food access. It discusses how local zoning and land use law influenced the city to cater to the needs of the town and push for a grocery store offering affordable fresh foods. When motivating community residents to speak for the needs of their fellow neighbors and quality of food access, projects get completed. This document also dis..
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Local Food Supply: A Chapter of the Marquette County Comprehensive Plan
Date Added: Tuesday, July 17, 2018Comprehensive Planning, Local Food Production, Healthy Communities, Zoning, Urban Farming & Community Gardens
Michigan
Municipal
The County of Marquette added a chapter to its Comprehensive Plan entitled Local Food Supply as a way to expand the local economy through increased local food production and to enhance the health of residents through better access to affordable, healthy foods. Some of the policies enacted via this Local Food Supply Plan include amending the zoning code to allow for small scale agricultural uses in residential zones, establishing community gardens, developing educational opportunities to teach the importance of local food production, supporting ..
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Austin Healthy Food Access Initiative
Date Added: Tuesday, July 17, 2018Transportation & Land Use Planning, Healthy Communities, Zoning, Urban Farming & Community Gardens, Vulnerable Populations
Texas
Municipal
This initiative began in 2015 with an American Planning Association Plan4Health grant to address access to healthy food in the North Central area of Austin, Texas. The City, through its Office of Sustainability, created a Food Planning Pilot Program focused on priority populations who have historically struggled to find healthy, fresh foods at affordable prices. These populations include school children who qualify for free lunches, immigrants, refugees, and other struggling low-income groups. In response to the City Council’s Resolution in 201..
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Healthy Community Implementation Toolbox
Date Added: Thursday, July 12, 2018Comprehensive Planning, Healthy Communities, Zoning
California
N/A
Los Angeles wants to decrease health inequalities, chronic disease and obesity amongst the community. As a result, the ULI Los Angeles’ Healthy Community Implementation Toolbox was created for local governments and officials in public works, planning, and private developers. The goal of this toolbox is to create a healthy environment with creative active living design plans, incorporating fast food regulations and healthy retail incentives, along with farmers’ markets and community gardens. The toolbox outlines twelve tools for developing healt..
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Land Use Planning for Public Health: The Role of Local Boards of Health in Community Design and Development
Date Added: Wednesday, July 11, 2018Comprehensive Planning, Land Use Planning, Local Boards, Healthy Communities, Zoning
State: Not Applicable
N/A
This article focuses on the health issues arising from the built environment and the roles of both the government and private sector must do to combat these issues. First the article discusses issues affecting the built environment, such as decreases in water and air quality, loss of farmland, increase in traffic and residential segregation. A key focus in the article is how transportation plays a major role in shaping the built environment and how urban design can create greater quality neighborhoods. The article also goes into detail about wa..
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PAS Essential Info Packet: Planning & Zoning for Health in the Built Environment
Date Added: Wednesday, July 11, 2018Comprehensive Planning, Land Use Planning, Healthy Communities, Zoning
State: Not Applicable
N/A
The Essential Info Packet provides planners with a collection of examples that demonstrate a connection between health and the built environment. These examples include zoning laws, policies, and how-to guidance on how communities across the country have addressed issues of public health. First it provides a list of sources which analyze the importance of creating a connection between health and the built environment. It also includes, collaborations with local governments and agencies, health impact assessments, comprehensive plans and toolkit..
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Grow Solar Local Government Solar Toolkit for Minnesota: Planning, Zoning, and Permitting
Date Added: Wednesday, June 20, 2018Solar Energy, Zoning
Minnesota
N/A
The model addresses concerns that are primarily in counties, townships, and rural areas rather than cities and urban areas. The incentive portion of the urban model ordinance can be applied in rural areas, as are provisions addressing solar access and aesthetic considerations in those rural areas with development patterns at an urban scale (typically lots smaller than 1 acre). This ordinance addresses solar energy as both a principal use and as an accessory use to the primary residential or commercial use. The model outlines height restriction..
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Energize CT Solar PV Model Zoning Ordinance
Date Added: Wednesday, June 20, 2018Solar Energy, Zoning
Connecticut
N/A
Energize CT developed a model solar PV zoning ordinance to aid municipalities in developing their own solar PV zoning ordinance. The model provides example height restrictions for various types of solar collector units. It states that ground-mounted solar PV systems are permitted as an accessory use in all zoning districts upon issuance of the proper permit and that they must not exceed thirty-five inches in height. Roof-mounted solar PV systems (permitted as an accessory use in all zoning districts upon issuance of the proper permit) shall be ..
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American Planning Association’s Solar Planning & Zoning Database
Date Added: Tuesday, June 19, 2018Solar Energy, Zoning
State: Not Applicable
N/A
The American Planning Association hosts an online Solar Planning & Zoning Data Search database. From this portal, users can search hundreds of examples of solar-supportive plans, development regulations, and other planning-related implementation tools by place type, population range and density, tool type, and solar practice. The database includes example policies, plans, and regulations from communities across the nation...
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ICMA/ The Solar Foundation’s A Beautiful Day in the Neighborhood: Encouraging Solar Development through Community Association Policies and Processes
Date Added: Tuesday, June 19, 2018Solar Energy, Zoning
State: Not Applicable
N/A
ICMA guidelines focus heavily on the visibility aspect of solar energy systems. Residential guidelines include that system panels should be mounted as close to the roof as possible, and no part of the installation should be visible above the peak of the roof to which it is attached. Panels also should not protrude above the roofline to be visible from adjacent properties, and pipes, wires, and mounting hardware must be unobtrusive...
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Penn Future's Solar Installation Guidebook
Date Added: Tuesday, June 19, 2018Solar Energy, Zoning
Pennsylvania
N/A
Penn Future’s Western PA Solar Installation Guidebook provides information on how to handle zoning and permitting solar energy in one’s municipality. Section B contains a model zoning ordinance. The ordinance defines a “building-mounted system” as one “attached to any part or type of roof on a building or structure that has an occupancy permit . . . and that is either the principal structure or an accessory structure . . . .” The ordinance defines a “ground-mounted system” as one “mounted on a structure, pole or series of poles constructed spec..
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Model Small-Scale Solar Siting Ordinance
Date Added: Monday, June 18, 2018Solar Energy, Zoning
New York
N/A
Columbia Law School’s Center for Climate Change Law developed the Model Small-Scale Solar Siting Ordinance, which includes several helpful solar energy system definitions. The model ordinance defines building-integrated photovoltaic (BIPV) systems as those that integrate photovoltaic modules into the building structure, such as the roof or fac¸ade, but which do not alter roof relief. The model defines freestanding or ground-mounted solar energy systems as those directly installed in the ground and not attached or affixed to an existing structur..
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Town of Bethlehem, New York Code § 128-67.2 – Solar photovoltaic (PV) systems.
Date Added: Monday, June 18, 2018Solar Energy, Zoning
New York
Municipal
§ 128-67.2 of the Town of Bethlehem, New York’s Code specifies zoning requirements for various types of solar collector units in different zoning districts within the City. For a building-mounted system, solar panels shall be set back no less than 3' from the edge of the roof to allow for fire access and ventilation. On sloped roofs, this requirement does not apply along that portion of the bottom edge located more than 3' from a side edge. Small-scale ground-mounted systems shall be permitted in a required minimum side yard or rear yard setbac..
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City of Beacon, New York Code-Chapter 223: Solar Collectors and Installations
Date Added: Monday, June 18, 2018Solar Energy, Zoning
New York
Municipal
The City of Beacon, New York’s Code has an article dedicated to solar collectors and their installation. The height of freestanding and ground-mounted solar collectors (permitted as accessory structures in all zoning districts) and any mounts shall not exceed twenty feet when oriented at maximum tilt. For large-scale solar collectors or solar farms (which are prohibited in areas zoned for residential use), the maximum height for freestanding solar panels located on the ground or attached to a framework located on the ground shall not exceed 20 ..
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Amendment to Town of Saugerties, New York Zoning Code Chapter 245
Date Added: Monday, June 18, 2018Solar Energy, Zoning
New York
Municipal
The amendment to the Town of Saugerties, New York Zoning Code allows large scale solar energy facilities via special use permits. The site for such facility shall be at least the minimum area required in the zoning district and the total area covered by the facility and all related appurtenances shall not exceed 70% of the gross area of the site. The required coverage as set for in the Schedule of Area and Bulk Regulations (Sec. 245-12) shall not apply to solar energy facilities where a solar array is designed and located so that the underlying..
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City of Lancaster, California Code § 17.08.305- Implementation of solar energy systems
Date Added: Tuesday, June 12, 2018Solar Energy, Zoning
California
Municipal
The City of Lancaster, California’s solar energy system implementation regulation requires all new single-family homes to have a solar energy system in order to receive a building permit. The mandate includes subdivisions, requiring the subdivider to meet the aggregate energy generation requirement within the subdivision (as calculated by the per-unit energy generation requirement multiplied by the number of homes in the subdivision). Alternatively, a homebuilder may choose to meet the solar energy generation requirement by purchasing solar en..
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County of Howard, Maryland - Use of Solar Panels and Other Solar Devices in Historic Districts Guidelines
Date Added: Monday, June 11, 2018Historic District Preservation, Solar Energy, Zoning
Maryland
Municipal
Howard County, Maryland offers guidelines for installing solar energy systems in historic districts. For example, one recommendation is to install solar panels on roof surface so it is not visible from a public way. The guidelines also include practices one should avoid, like removing historic roofing materials in order to add solar panels...
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Town of East Bloomfield, New York Code § 135-41(H) – Solar arrays
Date Added: Monday, June 11, 2018Solar Energy, Zoning
New York
Municipal
The Town of East Bloomfield, New York allows solar energy systems by right in all zoning districts. However, a party seeking to install a building- or structure- mounted solar array must have a letter from a professional engineer or registered architect certifying that the existing structure can support the additional gravity and wind loads of the solar energy system. Meanwhile, ground-mounted solar arrays can be located in a side or year yard, but if the applicant can demonstrate to the satisfaction of the Planning Board that locating such sol..
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Town of Southampton, New York Code § 330- 76(L) – Solar energy systems.
Date Added: Thursday, June 7, 2018Solar Energy, Zoning
New York
Municipal
The Town of Southampton, New York amended its zoning code to allow roof-mounted and ground-mounted solar energy systems as accessory uses in all zoning districts when the primary use on a lot is for producing electricity for on-site consumption. If solar energy equipment is visible from the public right-of-way, it shall match the color scheme of the underlying structure...
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Town of Kingston, New York Code - Article XV: Solar Energy Systems
Date Added: Thursday, June 7, 2018Solar Energy, Zoning
New York
Municipal
Kingston amended its zoning ordinance to permit small-scale solar energy systems by right and ground-mounted solar energy systems as accessory structures in all zoning districts. Large-scale solar energy systems are allowed in the Town by a Special Use Permit.
..
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Dobbs Ferry, New York Energy Task Force
Date Added: Thursday, June 7, 2018Energy Efficiency & Conservation, Local Boards, Solar Energy, Zoning
New York
Municipal
The Dobbs Ferry Energy Task Force helps the Village of Dobbs Ferry become more sustainable through energy efficiency and renewable energy initiatives; waste reduction and recycling; increased walking, bicycling, and transit use; and appropriate land use. The Task Force has:
• Obtained NYSERDA and NYPA grants to identify and implement energy efficiency and renewable energy projects and continues to seek funding opportunities for similar measures;
• Published the Village’s 2017 Climate Action Plan aimed at reducing the Village’s greenhouse gas ..
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Town of Grand Island, New York Code § 407-165.1(D)- Solar collectors and installations for minor systems
Date Added: Thursday, June 7, 2018Solar Energy, Zoning
New York
Municipal
The Town of Grand Island, New York allows roof-mounted systems if the distance between the roof and the highest edge of the system is in accordance with the New York State Uniform Fire Prevention and Building Code, and the building-mounted solar collector shall not obstruct solar access to adjacent properties. Ground-mounted solar energy systems shall not exceed the height restrictions of the zones they are located in when oriented at maximum tilt. ..
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Town of North Castle, New York Code § 258-4. Permitting
Date Added: Thursday, June 7, 2018Historic District Preservation, Solar Energy, Zoning
New York
Municipal
Chapter 258 of the Town of North Castle, New York Code is titled Solar Infrastructure Siting. § 258-4(N) allows historic district preservation plans to incorporate solar technologies, if a Certificate of Appropriateness has been issued by the Town’s Landmark Preservation committee...
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Town of New Hartford, New York Code § 118- 74 – Solar Energy Systems
Date Added: Wednesday, June 6, 2018Solar Energy, Zoning
New York
Municipal
The Town of New Hartford’s solar energy system regulation defines freestanding or ground- mounted solar energy systems as those directly installed in the ground and not attached or affixed to an existing structure. Rooftop mounted or building mounted systems are defined as those with solar panels mounted on top of a roof structure either as a flush-mounted system or modules fixed to frames that can be tilted toward the south at an optimal angle. The regulation defines small-scale solar as solar photovoltaic systems rated up to ten kW per hour o..
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City of Portland, Oregon Code, Title 33.218- Community Design Standards
Date Added: Wednesday, June 6, 2018Historic District Preservation, Solar Energy, Zoning
Oregon
Municipal
Within their Community Design Standards, Portland, Oregon eliminated discretionary review of solar energy systems that adhere to community design standards, thereby making it easier for solar panels to be installed in historic districts...
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City of New Rochelle, New York Code § 331-25 - Solar energy collectors
Date Added: Wednesday, June 6, 2018Solar Energy, Zoning
New York
Municipal
New Rochelle, New York allows certain small-scale, roof-mounted systems as accessory uses under the City’s general accessory use definition. Solar energy collectors on one- or two- family dwellings, as well as those that cover less than 1,000 square feet of the roof area of other buildings, require only a building permit...
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City of Olean, New York Code of Ordinances Article 10.25 – Solar Energy Production Facilities
Date Added: Wednesday, June 6, 2018Solar Energy, Zoning
New York
Municipal
Article 10.25 details the requirements for solar systems in the city of Olean, New York. A Solar Energy Production Facility (aka a Solar Farm) is permitted in certain districts under a Special Use Permit.
§ 10.25.5 subsections (1) and (3)(a-d) describe decommissioning and abandonment requirements. All applications for a solar farm shall include a decommissioning plan to ensure that the site will be restored to a useful, nonhazardous condition without delay upon abandonment or cessation of activity. The decommissioning plan shall include, b..
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Town of Geneva, New York Zoning Code § 130-4: Solar collectors and installations for major systems or solar farms
Date Added: Wednesday, June 6, 2018Solar Energy, Zoning
New York
Municipal
§ 130-4 of the Geneva Zoning Code is called Solar collectors and installations for major systems or solar farms. It highlights the requirements a solar system must follow to be allowed within all zoning districts in Geneva. This section also highlights the provisions of a decommissioning plan for solar sites, which must be included with all applications...
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Delaware Township, New Jersey Ordinance #2011-06LU
Date Added: Wednesday, June 6, 2018Solar Energy, Zoning
New Jersey
Municipal
The town of Delaware, New Jersey provides specific lot-size requirements based on the type of solar facility. Ground-mounted Minor Solar or PV Energy Facility or Structure must be located on lots of at least one acre gross, while Major Solar or PV Energy Facility or Structure must be located on lots of at least twenty acres gross.
..
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Santa Fe County, New Mexico - Resolution No. 2013-49
Date Added: Wednesday, June 6, 2018Solar Energy, Zoning
New Mexico
Municipal
Santa Fe County, New Mexico adopted Resolution No. 2013-49 to support renewable energy projects on County facilities. Although not a comprehensive policy statement, the resolution’s whereas clauses present the County’s detailed rationale for this support. In particular, they acknowledge the County’s “tremendous solar power potential” and contain a comprehensive list of solar power benefits, including economic, environmental, health, and education benefits...
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Yolo County, California Code § 8-2.1104, .1105
Date Added: Wednesday, June 6, 2018Solar Energy, Zoning
California
Municipal
Yolo County’s solar energy regulations allow approval of small solar energy systems for onsite uses through the issuance of a building permit and a zoning clearance, provided the application meets setback and other standards set forth in the solar energy regulation. . If the County’s chief building official believes a small solar energy system could have a specific, adverse impact upon the public health and safety, the official may require the applicant to apply for a use permit. Medium-sized solar energy systems for onsite and/or offsite uses ..
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Model Ordinance for Solar Photovoltaic Systems
Date Added: Thursday, March 29, 2018Solar Energy, Zoning
New York
Municipal
In order to ensure that solar resources are developed in a way that protects the environment and preserves community character, the Central New York Regional Planning and Development Board (RPDB) created a model zoning ordinance as part of it’s work to help get Central New York “Solar Ready.” The model zoning ordinance was developed to assist local governments to address land use concerns and to provide clear guidance and direction to developers and property owners for the appropriate development of solar energy systems...
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Village of Mastic Beach Solar Energy Systems Regulations § 415-2; Solar Zoning; Architectural Review
Date Added: Sunday, January 7, 2018Solar Energy, Zoning
New York
Municipal
The Village of Mastic Beach's Code § 415-2 regulates accessory solar energy systems and exempts systems that meet the regulation’s standards from architectural review board approval. These regulations include the requirements that (1) roof-mounted solar systems do not extend beyond the exterior perimeter of the building where the system is located and (2) ground-mounted solar energy systems not extend into the required rear yard accessory setback when oriented at minimum design tilt. Additionally, system design must make best efforts to blend i..
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City of Milton Historic Preservation & Solar Apparatus Regulations § 34-162.3; Solar Zoning
Date Added: Sunday, January 7, 2018Solar Energy, Zoning
Wisconsin
Municipal
Milton’s regulations for historic preservation districts include solar apparatus criteria for the historic preservation commission’s (“HPC”) review of alterations in historic districts. The review criteria allow passive and active solar apparatus that do not detract from a building’s architectural integrity and are as unobtrusive as possible. Solar devices may not hide significant architectural features from street view, result in the loss of these features, or become a major feature of the design because they are large in scale. City of Milton..
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North Carolina’s Template Solar Energy Development Ordinance; Solar Zoning
Date Added: Sunday, January 7, 2018Solar Energy, Zoning
North Carolina
State
The Template Solar Energy Development Ordinance for North Carolina defines solar energy systems (“SES”), in part, based on their physical size measured in acres. According to the state’s model ordinance, Level 1 SESs include those that are ground-mounted on an area of up to 50 percent of the footprint of the primary structure on the parcel but no more than 1 acre. Level 2 SESs are ground-mounted systems with a footprint of less than or equal to a half acre in residential districts, less than or equal to 10 acres in general commercial business a..
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Town of Ossining Code § 183-11(B)(2)(d) Tree Protection & Solar Access; Solar Zoning
Date Added: Sunday, January 7, 2018Solar Energy, Zoning
New York
Municipal
The Town of Ossining’s tree protection ordinance authorizes approval authorities to grant a tree removal permit if removal will have a positive effect upon (among other things) solar access for the property owner and nearby properties. Town of Ossining, NY, Code § 183-11(B)(2)(d). ..
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Village of Schaumberg Code § 154.62(C) Solar Access Protection; Solar Zoning
Date Added: Sunday, January 7, 2018Solar Energy, Zoning
Illinois
Municipal
The Village of Schaumberg’s Solar Access Protection law authorizes the creation and recording of solar skyspace easements across contiguous or nearby lots, tracts, or land to protect an existing or intended solar collector’s exposure to the sun from obstruction of buildings and trees. Further, the law requires building permit applicants for structures that will increase the consumption of airspace to certify in writing that no solar skyspace easement exists over the lot. If the Village determines that proposed construction will intrude upon an ..
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Town of Somers Code § 144-8(C)(4) Standards for Site Plan Approval; Solar Access
Date Added: Sunday, January 7, 2018Solar Energy, Zoning
New York
Municipal
In the Town of Somers, New York, the planning board must consider solar access, including orientation of proposed buildings to sun angles; shading and windscreen potential of vegetation; and relationship to solar access for adjacent uses and properties when reviewing site plans. Town of Somers, NY, Code § 144-8(C)(4). ..
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Town of Oro Valley Zoning Code § 27.1(A) Solar Protection Regulations; Solar Zoning
Date Added: Sunday, January 7, 2018Solar Energy, Zoning
Arizona
Municipal
The Town of Oro Valley’s zoning code includes solar protection provisions that forbid the construction of any structure that would shade an adjacent building when the sun is more than 45 degrees above the horizon unless the applicant obtains written permission from the owner of the potentially shaded property. See Town of Oro Valley, AZ, Zoning Code § 27.1(A)...
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Town of Tonawanda Code § 215-180(C)(9) Large Scale Solar Applications; Solar Zoning
Date Added: Sunday, January 7, 2018Solar Energy, Zoning
New York
Municipal
The Town of Tonawanda authorizes applicants for large-scale or utility-scale solar energy systems to negotiate with adjacent property owners for any necessary solar skyspace easements and requires the applicant to include documentation of any solar skyspace easement that is properly recorded. The Town lists the elements that must, at a minimum, be included in the easement when an applicant or property owner negotiates a solar easement. Town of Tonawanda, NY, Code § 215-180(C)(9)...
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Village of Westfield Zoning Code § 155-57 Solar Systems; Solar Zoning; Solar Access
Date Added: Sunday, January 7, 2018Solar Energy, Zoning
New York
Municipal
The Village of Westfield’s supplemental zoning regulations regulates the use of active and passive solar energy systems. Westfield’s solar regulation requires special permits to authorize the placement of a solar electric system on an owner’s property. After a system’s owner obtains this permit, adjoining property owners must obtain a special permit prior to placing buildings, towers, vegetation, or other possible obstructions of the permitted system’s solar access. The regulation specifies that placement of potential obstructions “shall be suc..
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City of White Plains Zoning Code § 4.4.21.2-4; Solar Access; Solar Energy Systems; Solar Zoning
Date Added: Sunday, January 7, 2018Solar Energy, Zoning
New York
Municipal
The City of White Plains’ zoning ordinance includes solar access provisions that require all approving agencies to consider access to sunlight for present and potential solar electric systems, both on- and off-site, as well as structure siting, orientation and landscaping when reviewing any application. Further, the provisions prohibit new construction on any lot that would block access to sunlight between the hours of 9:00 AM and 3:00 PM for approved solar electric systems except by permission from the board of appeals if the applicant shows t..
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City of Kellogg Zoning Regulations § 220-56 – Solar Energy Systems; Solar Zoning
Date Added: Sunday, January 7, 2018Solar Energy, Zoning
Minnesota
Municipal
Under the City of Kellogg, Minnesota’s zoning code, solar energy systems (SES) and solar and earthsheltered structures are permitted uses, provided certain requirements are met, that may be exempt from certain restrictions by variance. The provisions also forbid vegetation or structures in residential districts if they cast a shadow on an existing SES greater than a determined standard. That standard does not apply to vegetation and structures existing at the time of SES installation. Violation constitutes a private nuisance that gives rise to..
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City of Issaquah Landscape & Tree Preservation Regulations - Solar Access; Solar Zoning
Date Added: Sunday, January 7, 2018Solar Energy, Zoning
Washington
Municipal
The City of Issaquah’s tree preservation provisions authorizes the approval authority to grant a tree removal permit if removal will provide solar access to buildings incorporating active solar devices, including windows that face south and contain special storage elements to distribute heat energy. City of Issaquah, WA Landscape & Tree Preservation Regulations §§ 18.12.1380(B)(3)(a)(2), 18.12.1385(B)(5), 18.12.141(B)(3). ..
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Town of Gorham Land Use and Development Code § 1A-4[A][4]- Solar Access; Solar Zoning
Date Added: Sunday, January 7, 2018Solar Energy, Zoning
Maine
Municipal
The Town of Gorham’s density bonus provisions provide a maximum density bonus of 25% over the allowable base density for residential and nonresidential uses in planned unit developments (PUD) in exchange for public amenities, including solar access and energy efficient design, layout, and construction. To qualify for a bonus of 5 percent above the allowable base density, a PUD may provide solar access to 40 percent of the dwelling units and ensure through appropriate deed restrictions that dwelling units will utilize solar energy systems for wa..
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City of Fort Collins Code § 3.2.3(E)(1) - Solar Access Regulations; Solar Zoning
Date Added: Sunday, January 7, 2018Solar Energy, Zoning
Colorado
Municipal
The City of Fort Collins, Colorado adopted solar access, orientation, and shading provisions in its site plan regulations. These provisions require an applicant to locate and design all physical elements in the development plan so that they accommodate active and/or passive solar installations to the extent reasonably feasible. Subsection [C] requires at least 65 percent of lots less than 15,000 square feet in area in single- and two-family residential developments to conform to the regulatory definition of “solar-oriented lot” to preserve the ..
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Town of Farmington, C.T., Code § 111-26 Historic District-Solar Regulations; Solar Zoning
Date Added: Saturday, January 6, 2018Solar Energy, Zoning
Connecticut
Municipal
The Town of Farmington, Connecticut’s historic district regulations state that its Historic District and Properties Commission will not deny a certificate of appropriateness for an exterior architectural feature, such as a solar energy system designed for the utilization of renewable resources, unless the Commission finds that the feature cannot be installed without substantially impairing the historic character and appearance of the district. The certificate of appropriateness for a solar energy system may require design modifications and loca..
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Village of Croton-on-Hudson Unified Solar Application; Solar Zoning
Date Added: Saturday, January 6, 2018Solar Energy, Zoning
New York
Municipal
The Village of Croton-on-Hudson adopted the NY-Sun Unified Solar Permit (USP), a combined building and electrical permit for certain solar energy systems developed by the New York State Energy Research and Development Authority (NYSERDA), the New York Power Authority (NYPA), and the City University of New York’s Sustainable CUNY. The USP expedites the permitting process for “small-scale solar electric systems,” that have a rated capacity of 12 kW or less and that are installed on a permitted roof structure of a building, or on a legal accessory..
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City of Chula Vista Municipal Code §§ 15.24.065, 15.28.015 - PV PreWiring & Solar H2O Heater PrePlumbing Reqs; Solar Zoning
Date Added: Saturday, January 6, 2018Solar Energy, Zoning
California
Municipal
The City of Chula Vista’s electrical code includes photovoltaic (PV) pre-wiring requirements that mandate all new residential units to include an electrical conduit specifically designed to allow the later installation of a PV system that utilizes solar energy as a means to provide electricity. Similarly, Chula Vista’s plumbing code requires all new residential units to include plumbing specifically designed to allow the later installation of a solar water heater that utilizes solar energy as the primary means of heating domestic potable water...
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City of Chicago Rooftop Solar PV System Application Process; Solar Zoning
Date Added: Saturday, January 6, 2018Solar Energy, Zoning
Illinois
Municipal
The City of Chicago has made installation of both small rooftop solar PV systems (<13.44kw) and large rooftop solar PV systems (those generating greater than 13.44kw) easier than ever before by easing restrictions and streamlining processes, saving time and design costs. Applicants for small rooftop systems can now access the City’s Easy Permit Process (EPP) where qualifying projects can receive same-day permit approvals at reduced fees. For projects that meet the Easy Permit Process (EPP) requirements, the permitting process was cut down from ..
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Township of Casco Zoning Ordinance §§ 13.26-13.28; Solar Zoning
Date Added: Saturday, January 6, 2018Solar Energy, Zoning
Michigan
Municipal
Casco Township passed Ordinance #30-83 to add provisions addressing small, medium, and large solar energy systems in its zoning ordinance. The ordinance defines small solar energy systems as single residential or small business-scale solar energy conversion systems consisting of roof panels, ground-mounted solar arrays, or other solar energy fixtures, and associated control or conversion electronics, occupying no more than one-half acre of land and that produce utility power primarily to onsite users or customers. Medium solar energy systems ar..
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City of Boulder Code § 9-9-17 Solar Access Regulations; Solar Zoning
Date Added: Monday, December 18, 2017Solar Energy, Zoning
Colorado
Municipal
The City of Boulder, Colorado’s solar access regulation divides the city into three solar access areas to provide maximum solar access protection for each area, consistent with planned densities, topography, and lot configurations and orientations. The regulation then establishes solar fences in two of these solar access areas. Each solar fence completely encloses a lot in question, and its foundation is contiguous with lot lines. Further, solar fences are vertical, opaque, and lack any thickness. The regulation then forbids the construction of..
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Township of Bethlehem Land Use Regulations § 102-37.3; Solar Energy Facilities; Solar Zoning
Date Added: Monday, December 18, 2017Solar Energy, Zoning
New Jersey
Municipal
The Township of Bethlehem’s solar energy facilities regulation requires minor site plan approval for ground-mounted solar energy facilities between 2,000 square feet and 10 acres in size while requiring preliminary and final site plan approval for systems greater than 10 acres in size. The planning board or an appointed site plan subcommittee may waive the minor site plan approval requirement if the proposed facility is reasonable and adheres to the solar regulation’s general purpose and intent. In addition to Bethlehem’s standard site plan req..
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City of Big Flats Subdivision and Development Regulations § 17.36.140; Solar Zoning
Date Added: Monday, December 18, 2017Solar Energy, Zoning
New York
Municipal
In section 17.36.140 of its Zoning Ordinance, the Town of Big Flats adopted a solar access regulation that requires applicants for new residential development including either ten or more acre of site development area and/or more than 50 dwelling units to submit a solar access plan with the site plan. The solar access plan must: (1) protect solar access between the solar azimuths of -45 degrees east of due south and +45 degrees west of due south; (2) for solar access roads, design lots and building setbacks so that buildings are oriented with t..
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Town of Babylon Building Regulations §§ 89-91 to 89-95; Solar Zoning; Solar Panel Permit Application
Date Added: Monday, December 18, 2017Solar Energy, Zoning
New York
Municipal
The Long Island United Solar Permitting Initiative, a collaborative effort of the Suffolk County Planning Commission, Nassau County Planning Commission and the Long Island Power Authority (LIPA), developed the model LIPA Fast-Track Permit Application to help Long Island municipalities streamline and standardize the building permit application process for “standard” installations of grid-tied PV or Residential Solar Hot Water (RSHW) systems. Babylon Town Code Ch. 89, Art. X established a solar energy system fast-track permit process modeled afte..
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City of Meriden Zoning Regulations; Solar Zoning
Date Added: Thursday, September 7, 2017Solar Energy, Zoning
Connecticut
Municipal
Within its Zoning Chapter, the City of Meriden in Connecticut has incorporated a separate section outlining the few regulations for wind energy conservation systems and solar devices. According to the section, screening on a roof to enclose mechanical equipment may be modified to allow access to solar heating devices. The section also goes on to require that solar heating devices do not occupy more than 10% of the yard area and that any new construction be mindful of solar devices on adjoining properties so that the maximum effort to retain sol..
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City of McCall Subdivision and Development Regulations; Solar Zoning
Date Added: Thursday, September 7, 2017Solar Energy, Zoning
Idaho
Municipal
Within its Subdivision and Development Provisions Chapter, the City of McCall in Idaho makes a slight mention of solar heat and light. The City requires that within a subdivision plan, the applicant orient streets in a way to take advantage of the solar heat and light provided by the sun during the winter months. Other this one sub-section, this Chapter makes no other mention of solar energy systems. This could possibly create a barrier to their implementation since property owners would likely not be aware of the benefits or possibilities of i..
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City of Manson City Solar Access Regulations; Solar Zoning
Date Added: Thursday, September 7, 2017Solar Energy, Zoning
Iowa
Municipal
Within its City Code, Manson City has incorporated an entire chapter on access to solar energy. A major section within that chapter is one that outlines the requirements and process for obtaining solar access easements. The solar access regulatory board may grant these easements, subject to a number of requirements. One of those requirements includes filing a detailed application with the secretary of the planning and zoning commission, which includes a description of the solar collector to be used, a legal description of the solar access easem..
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County of Los Alamos Solar Regulations; Solar Zoning
Date Added: Thursday, September 7, 2017Solar Energy, Zoning
New Mexico
Municipal
Los Alamos County in New Mexico has incorporated a solar energy collection system section within its Code of Ordinances. According to the section, when a solar energy collection system is already installed on a parcel, accessory structures or vegetation on the abutting lot may not block the solar collector’s access to solar energy. Property owners must also file and record the solar system installation with the county clerk on the day the building permit for the improvement is issued.
..
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City of Longmont Zoning Regulations; Solar Zoning
Date Added: Thursday, September 7, 2017Solar Energy, Zoning
Colorado
Municipal
In Longmont, Colorado, the City Code of Ordinance permits solar panels in all districts as an accessory use. However, the only regulation Longmont includes within its code for solar panels and/or energy systems is that “the height shall not exceed the maximum structure height for the zoning district in which they are located.”
..
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Township of London Grove Zoning Regulations; Solar Zoning
Date Added: Thursday, September 7, 2017Solar Energy, Zoning
Pennsylvania
Municipal
London Grove’s extensive Zoning Code incorporates a separate and informative section on solar energy systems, § 27-1839. According to § 27-1839, solar energy systems are permitted in all zoning districts as an accessory use, except that in two districts, “a special exception is required for the installation of any ground mounted solar energy system on any property less than 8,000 square feet.” The section goes on to list a number of development and design standards that are to be applied to the construction and installation of any solar energy ..
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City of Lindsborg Design Regulations; Solar Zoning
Date Added: Thursday, September 7, 2017Solar Energy, Zoning
Kansas
Municipal
In Lindsborg’s Code of Ordinances, the City has created certain design requirements for all zoning districts to adhere to. Within these design requirements, Lindsborg aims to encourage, where appropriate, the “conservation of energy through the use of both passive and active solar systems.” In order to accommodate solar design, the City requires that streets in residential subdivisions have an east-west alignment when possible. Lindsborg also permits a subdivider to grant or establish a solar skyspace easement to protect solar energy systems fr..
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City of Asheville Zoning Regulations; Chapter 7 – Development, Section 29.1309- Solar Energy Systems
Date Added: Thursday, September 7, 2017Solar Energy, Zoning
North Carolina
Municipal
In its lengthy Zoning Ordinance, the City of Asheville has dedicated only a small subsection to the implementation of solar energy systems within its zoning districts. In Sec. 7-14-1(b)(a), the City’s only real general requirement is that “private, non-commercial solar energy systems shall comply with the minimum setback requirements.” The subsection goes on to describe the requirements for a variance the Board of Adjustment may grant to decrease the required setbacks or allow the installation to be located in the front yard. The subsection, ho..
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City of Ames Zoning Code; Section 29.1309- Solar Energy Systems
Date Added: Thursday, September 7, 2017Solar Energy, Zoning
New York
Municipal
The City of Ames, Iowa has dedicated a whole section in the “Additional Requirements for Specific Uses” Article of its City Code to the implementation of solar energy systems, § 29.1309. Section 1309’s purpose is to “facilitate the installation and constructions of solar energy systems so that the systems are safe, effective, and efficient, as well as harmonious with the character of the adjacent area where located.” The section goes on to list the design and placement requirements for Freestanding, Residential Attached, and Non-Residential Att..
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City of Albany Zoning Ordinance; Section 375-93- Solar Energy Equipment
Date Added: Thursday, September 7, 2017Solar Energy, Zoning
New York
Municipal
Within its Zoning Ordinance, the City of Albany outlines its solar energy systems requirements in its own section, § 375-93. In it, the City requires that any person who wishes to install a solar energy system in a C-1 Neighborhood Commercial District shall have the installation reviewed by the Planning staff prior to the issuance of the building permit. This process will increase the amount of time and administrative requirements necessary to install these systems, becoming a barrier to their implementation.
..
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Town of Addis Zoning Ordinance; Passive Solar Energy
Date Added: Thursday, September 7, 2017Solar Energy, Zoning
Louisiana
Municipal
In its zoning ordinance, the Town of Addis lists and defines its different zoning districts. It makes only a small mention of solar energy systems, specifically passive ones, in Section 6. There, the ordinance describes that all structures in the Town of Addis shall maximize passive solar energy systems and shall not require a variance if the system infringes upon required yard areas. However, the ordinance does not specify design or placement standards for these passive solar energy systems, presenting a barrier to its implementation.
..
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City of Aberdeen Zoning Regulations; Solar Zoning
Date Added: Thursday, September 7, 2017Alternative Energy, Solar Energy, Zoning
South Dakota
Municipal
The purpose of this chapter is to encourage alternative energy systems within the City of Aberdeen. The goal is to have a more positive impact on energy conservation while having a limited adverse impact on the City’s community. Chapter 163 defines terms associated with wind and solar energy systems and outlines their placement and design standards within City borders. However, in order for a solar energy system to be permitted as an accessory in any zoning district, a person must first apply for a building permit. This can cause a barrier to s..
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City of Ketchum Zoning Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
Idaho
Municipal
The City of Ketchum incorporates solar access throughout its zoning regulations. One way in which the city integrated solar access is in the context of parks. According to its regulations, parks will be designed to have open space for solar access during the colder months. Another example is within the city’s Design Review District. One of Ketchum’s purposes for that District is to “provide for and protect existing light, air, solar access and orientation, privacy, views, and vistas by the proper and efficient location of building sites and des..
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Borough of Kutztown Subdivision and Land Development Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Subdivision Regulations, Zoning
Pennsylvania
Municipal
In its Subdivision and Land Development Chapter, the Borough of Kutztown in Pennsylvania included a small section on considerations for solar access. The section permits the Borough Council to allow variation to side lot line requirements if the goal is to maximize use of solar energy. Additionally, considerations will also be given to reserving solar easements within lots for protection of solar access. ..
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Borough of Kenhorst Zoning Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
Pennsylvania
Municipal
Within its Zoning Chapter, the Borough of Kenhorst has incorporated a section specifically on Solar Energy Systems, § 540. According to § 540, “the use of solar energy systems, including solar collectors, storage facilities, distribution components, heating and cooling facilities, is a permitted use in all zoning districts.” The Township requires that all developments and structures be oriented in a way to maximize the use of passive and active solar energy. The section lists a few regulations for solar energy systems including required yard se..
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Kansas City Zoning and Development Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
Missouri
Municipal
According to its Zoning & Development Code, building-mounted and ground-mounted solar energy systems are permitted in all zoning districts in Kansas City, Missouri as accessory structures. The section on accessory solar energy systems in the Code authorizes property owners to negotiate for any desired solar easements to protect access to sunlight. The section goes on to list certain regulations for both building-mounted and ground-mounted solar energy systems. For example, solar energy systems may not extend more than three feet above the appli..
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Township of Jackson Zoning Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
Ohio
Municipal
Within its Zoning Resolution, Jackson Township in Ohio has included a chapter on solar energy systems. According to the chapter, an accessory solar energy system is permitted as an accessory use in any district, subject to a number of regulations outlined in sections throughout the rest of the chapter. Some of those regulations include specific requirements for roof/structure mounted and ground/pole mounted systems as well as solar energy production facilities. For example, a solar energy production facility must be located on at least five ac..
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Town of Ithaca Zoning Regulations; Solar Zoning; Subdivision Regulations
Date Added: Wednesday, August 23, 2017Solar Energy, Subdivision Regulations, Zoning
New York
Municipal
The Town of Ithaca has enacted a section on Solar Access within its chapter on the subdivision of land. The section is a short one, but vests power to the Planning Board to require a subdivision to be platted “so as to preserve or enhance solar access for either passive or active systems.” The Planning Board may also mandate site plan modifications if it determines that the solar orientation of the development needs improvement.
The Town of Ithaca has also included a section solely on solar collectors and installation within its Zoning Chap..
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City of Independence Solar Access Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
Kansas
Municipal
Independence, Kansas has created an entire article within its Code of Ordinances specifically for solar access regulations. The article authorizes the citizens of Independence to enter into solar easement agreements with other property owners. These easements shall establish the “solar skyspace” envelope within which it “shall be unlawful for the owner of real property to erect a building or structure or to allow a tree, shrub or other flora to case a shadow upon a solar collector.” The majority of the article is focused on regulations for thes..
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City of Hoboken Zoning Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
New Jersey
Municipal
Within its Zoning Chapter, the City of Hoboken in New Jersey has integrated a section specifically for solar installation. The section lists regulations for roof installation, non-habitable building installation, ground-mounted installation, and signage requirements. In order to install a solar energy system on a parcel, however, an applicant must first obtain a certificate of zoning compliance and a building permit from the Zoning Officer and the Construction Official, respectively. The City of Hoboken has also reserved the right to require th..
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City of Lenexa Zoning Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
Kansas
Municipal
Within Lenexa’s Zoning District Regulations, solar energy systems are permitted as an accessory use. According to the regulations, solar energy systems are to be designed to be compatible with the surrounding neighborhood and comply with a number of standards. Those standards include maintenance and access; location; and compliance with the Building Code requirements. The Regulations also outline specific requirements for roof-mounted equipment. ..
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City of Lewes Zoning Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
Delaware
Municipal
Despite its lengthy Zoning Chapter, the City of Lewes in Delaware only mentions solar panels once throughout the entire chapter. The Chapter states that the Lewes Historic Preservation Commission may not deny the addition of solar panels in the city’s Historic District except to designate reasonable alternative design and/or placement. ..
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Town of Henlopen Acres Zoning Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
Delaware
Municipal
The Town of Henlopen Acres in Delaware only permits roof-mounted solar panels/collectors to be installed and used on any principal structure. These panels are subject to any applicable building code, “including but not limited to the International Residential Code, Section M2301 and approved by the Environmental Review Committee (ERC).” The Town sets forth certain regulations for solar panels such as prohibiting the panels from being installed on the roof surface facing the street and requiring they be parallel to and not higher than six inches..
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City of Henderson Use Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
Nevada
Municipal
In Henderson, Nevada solar collection systems are permitted as an accessory use in all use districts. Within its Use Regulations chapter, Henderson lists specific setback, location, and height regulations for these solar collection systems. For example, “in all zoning districts, free-standing solar collection systems shall be located a minimum of six feet from all property lines and other structures.” Henderson further lists requirements for solar collection systems’ appearances such as integrating the system into the design and architectural c..
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City of Hagerston Zoning Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
Maryland
Municipal
Hagerston, Maryland has integrated an Alternative Energy Sources/Generators section, Section K(12), within its Zoning Ordinance supplementary regulations. According to that section, before an applicant can install a solar energy system on her property, she must first submit a zoning permit application with a plan for review by the Planning and Code Administration Division. “Once the zoning permit is approved, the applicant may apply for proper permits from the Code Administration Office.” Section K(12) permits ground-mounted solar collection sy..
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Town of Haddam Subdivision Regulations; Passive Solar Energy Regulations
Date Added: Wednesday, August 23, 2017Solar Energy, Subdivision Regulations, Zoning
Connecticut
Municipal
Haddam, Connecticut has enacted a section, § 302-36, within its chapter on subdivision regulations specifically for passive solar energy techniques. Section 302-36 defines passive solar energy techniques as “site design techniques which maximize solar heat gain, minimize heat loss and provide thermal storage within a building during the heating season and minimize heat gain, and provide for natural ventilation during the cooling season.” According to the section, a subdivision applicant must demonstrate to the Commission that she has considered..
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City of Grand Rapids Alternative Energy Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
Michigan
Municipal
Under its section on Alternative Energy within its Code of Ordinances, Grand Rapids, Michigan incorporated a subsection on solar energy. According to that sub-section, solar energy systems are permitted as an accessory use in all districts. “In Residential Zone Districts, solar energy systems may be installed on the roof of a primary or accessory structure.” The subsection goes on to list placement regulations as well as the factors the Planning Director will have to consider for an Administrative Departure to allow for solar panels on the fron..
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City of Grand Fork Solar Access Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
North Dakota
Municipal
In its Code of Ordinances, Grand Forks, North Dakota has integrated a small section on Solar Access, Section 18-0307. The section states, “When a solar energy collection system is installed on a lot, accessory structures or vegetation on any abutting lot shall not be located so as to block the solar collector’s access to solar energy.” Section 18-0307 goes on to outline the portion of a solar collector that is protected by the ordinance and state that the requirements of the Solar Access section do not apply to “structures or vegetation existin..
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City of Gothenberg Subdivision Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Subdivision Regulations, Zoning
Nebraska
Municipal
Within its Subdivision Chapter in its Code of Ordinances, the city of Gothenberg in Nebraska has integrated a section on solar access for energy conservation. The section consists of only two sub-sections that require streets in residential subdivision, where possible, have an east-west alignment and, in order to allow the orientation of structures on the site to maximize solar gain, “side lot lines should run as near to north-south as possible.”..
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Town of Gorham Zoning Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
New Hampshire
Municipal
Within its Zoning Ordinance, the Town of Gorham in New Hampshire defines solar energy systems as “any equipment or system utilizing solar energy to provide electricity and/or space heating or cooling, hot water heating and swimming pool heating.” Within the Town of Gorham, roof- or wall- mounted solar collectors are a permitted use in all zoning districts. Non-roof- or wall-mounted solar energy systems, however, are only allowed by special exception. “All installations are required to meet Section M2301 of the International Building Code.” ..
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Town of Francestown Zoning Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
New Hampshire
Municipal
Solar and wind-powered devices are permitted in Francestown, New Hampshire for commercial use on lots of three acres or more at an elevation of fewer than 1,000 feet. According to its table of Permitted Uses and Special Exceptions, solar and wind-powered devices are permitted in Francestown’s Village and Rural Districts by special exception as well as in its Steep Slope, Aquifer, and Flood Plain Overlay Districts. Francestown, however, does not have a separate section within its Zoning Ordinance that describes the regulations or requirements fo..
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City of Ferndale Zoning Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
Michigan
Municipal
Ferndale, Michigan permits solar energy systems in all of its zoning districts as an accessory structure, subject to a number of requirements. These requirements include that the systems meet all other applicable construction codes; the design of the system must conform to applicable industry standards; and that the systems be screened per the discretion of the community development department. Solar energy systems, according to a sub-section within Ferndale’s Zoning Chapter, also have to meet the height and setback requirements of the zoning d..
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Town of Fenwick Island Zoning Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
Delaware
Municipal
Under its Renewable Energy System section within its Zoning Chapter, the Town of Fenwick Island in Delaware permits solar energy systems its zoning districts. According to Section 160-9(A), a “solar energy system is a renewable energy system designed and used to obtain energy from the sun in order to supply energy to a principal use of a structure.” These systems include but are not limited to solar hot water, air heating and cooling, and photovoltaic systems. The solar energy system sub-section goes on to list a few conditions that an applican..
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City of Fairbault Zoning and Development Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
Minnesota
Municipal
Fairbault, Minnesota permits solar energy systems in all of its zoning districts. In a separate sub-section within its Code of Ordinances, Fairbault lists a few solar energy systems regulations that only apply to properties that have more than four square feet of solar panels. These regulations include a maximum of one hundred twenty square feet of solar panels on one property parcel; specific requirements for roof-mounted and ground-mounted systems; and that an applicant must obtain building and electrical permits for all systems over four squ..
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City of Falcon Heights Zoning Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
Minnesota
Municipal
Falcon Heights, Minnesota has incorporated an extensive solar energy systems section with its Zoning Chapter. In Section 113-254, active solar energy systems are permitted as an accessory use in all zoning districts, subject to a number of regulations. Those regulations include height requirements for building- or roof-mounted, ground-mounted, and pole-mounted systems; a number setback requirements; and that “active solar energy systems be designed to blend into the architecture of the building or be screened from routine view from public right..
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City of Dubuque Unified Development Code; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
Iowa
Municipal
In Dubuque, Iowa’s Unified Development Code, solar collectors are permitted in Single-Family Residential Districts, Two-Family Residential Districts, Alternate Two-Family Residential Districts, Moderate Density Multi-Family Residential Districts, Multi-Family Residential Districts, Office Residential Districts, and Office Commercial Districts as accessory use structures. Dubuque’s Development Code also includes a Sustainable Subdivision Development program whereby applicants must achieve a minimum score of forty points by utilizing a list of to..
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Borough of Doylestown Zoning Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
Pennsylvania
Municipal
In its Zoning Chapter, Doylestown, Pennsylvania created a section specifically for solar energy equipment, Section 615. Defined in the Specific Definition section of the chapter, solar energy equipment is “any device, structure or electronics that converts solar energy into electrical energy, heats water or produces hot air or similar function through the use of solar panels.” In it, Doylestown authorizes solar energy equipment in any zoning district as an accessory structure. The section goes on to list a few regulations including that the equ..
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Town of Denton Zoning Bufferyard Requirements; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
Maryland
Municipal
According to Denton, Maryland’s zoning chapter, solar collectors and similar equipment, fixtures, and devices are exempt from district height limitation set forth within the rest of the chapter. The chapter, however, makes no mention of where solar collectors are actually permitted. Additionally, within its Bufferyard Requirements Appendix, the Town of Denton makes a small mention of solar access. In a sub-section under the Plant Material section, the Town allows for understory trees to be substituted for canopy trees where canopy trees would d..
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Town of Denton Zoning Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
Maryland
Municipal
According to Denton, Maryland’s zoning chapter, solar collectors and similar equipment, fixtures, and devices are exempt from district height limitation set forth within the rest of the chapter. The chapter, however, makes no mention of where solar collectors are actually permitted. Additionally, within its Bufferyard Requirements Appendix, the Town of Denton makes a small mention of solar access. In a sub-section under the Plant Material section, the Town allows for understory trees to be substituted for canopy trees where canopy trees would d..
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City of Del Mar Solar Energy Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
California
Municipal
Del Mar, California has integrated an entire chapter in its zoning code on solar energy. The chapter “is intended to implement adopted federal, state, and local policies by decreasing the City’s dependence upon non-renewable energy systems for sources through the encouragement of solar energy systems for the hearing of buildings and water.” Chapter 23.20 goes on to define important terms used within the chapter and lists specific regulations for space heating and cooling of new structures, remodels of existing structures, and use of solar syste..
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Town of Coventry Zoning Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
Rhode Island
Municipal
Despite its lengthy Zoning Code, Coventry, Rhode Island does not incorporate a section specifically detailing the requirements and regulations for solar energy systems. However, within its Transportation, Communications, and Utilities table (schedule) of uses under its Industry Section, solar power generators are permitted in mostly all of the zoning districts, with the exception of two types of residential districts, one business district, the Planned Development District, and the Special Planning Overlay District. The Zoning Code does not def..
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City of Cottage Grove Zoning Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
Minnesota
Municipal
In Cottage Grove, Minnesota, the city has established a Low-Density Residential District “where all public services, utilities and amenities needed for urban residential development are available” and development densities do not exceed five dwelling units per gross acre. Cottage Grove does permit density bonuses in this District between 0-5% if applicants demonstrate innovative energy conservation efforts, including orientation of lost for maximum use of passive solar energy and preservation of solar access for active solar energy systems. Sol..
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City of College Place Zoning Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
Washington
Municipal
Within its Code of Ordinances, College Place, Washington has not integrated a separate section on Solar Access, but has defined it to mean “direct sunlight for the purpose of successfully operating a solar energy system.” The Zoning Ordinance outlines certain requirements for a planned unit development and allows for the maximum number of dwelling units permitted to be increased by 15 percent and an additional five percent for developments which incorporate street and lot orientation to maximize solar access; tree plantings selected to avoid wi..
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Town of Clifton Park Zoning Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
New York
Municipal
In Clifton Park, New York, solar arrays, both ground- or pole-mounted, are permitted as a special use in Agricultural/Residential 3 Districts, Residential 1 Districts, Conservation Residential Zones, and Hamlet Residential Districts. Clifton Park outlines factors in a separate subsection to be considered by the Planning Board in determining the sighting requirements for solar installation in these zoning districts. These factors include the “setbacks proposed and available in relation to other applicable setbacks for the zone within which the i..
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City of Cleveland Heights Zoning Supplementary Accessory Use Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
Ohio
Municipal
Within its zoning supplementary accessory use regulations, Cleveland Heights, Ohio integrated two sub-sections on solar panels and building-mounted systems. Under its solar panels sub-section, Cleveland Heights lists certain regulations including the requirement that solar panels be placed so that concentrated solar radiation or glare is not directed onto nearby properties or roadways and that all power transmission lines from a ground-mounted solar energy system be located underground. Under its building-mounted systems sub-section, the city ..
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County of Camden Zoning Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
North Carolina
Municipal
In Camden County, North Carolina solar farms are permitted in all zoning districts, however, a special use permit must first be acquired. Within its zoning code, Camden County integrated a sub-section outlining standards for solar farms such as a minimum lot size, minimum setbacks, and a 50-foot buffer from routine view. Solar collectors as an accessory use are also permitted in all zoning districts in Camden County, however, in order to install them, an applicant must either obtain a special use permit (if there are three or more collectors) o..
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Township of Caln Zoning Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
Pennsylvania
Municipal
The Township of Caln in Pennsylvania has integrated two sections in its zoning code on solar energy production facilities, Section 155-98, and solar photovoltaic systems, Section 155-126. In Section 155-98, solar energy production facilities are permitted by conditional use in the Institutional Zoning District and include design standards and specifications such as a minimum net lot area, a maximum height, and the overall facility design. Section 155-126 aims to promote the safe, effective, and efficient use of solar energy systems. The section..
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City of Calimesa Zoning Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
California
Municipal
Calimesa, California has created a subsection under its zoning chapter on Residential Zone District specifically for listing solar energy design standards. Calimesa requires that future structures should be oriented to maximize solar access opportunities and that “streets, lot sizes and lot configurations should be designed to maximize the number of structures oriented so that the south wall and roof area face within 45 degrees of due north.” Other standards include that roof-mounted solar collectors be placed in the most obscure location and ..
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City of Burlington, Washington Zoning Regulations; Solar Access
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
Washington
Municipal
Section 14.48.110, placed within the City Code’s chapter on performance standards, lists solar access criteria for any new construction that is south of existing residential land in Burlington, Washington. The criteria include prohibiting multi family, commercial, or industrial structure more than one story in height from shading the maximum building envelope of any existing dwelling as determined by the angle of the sun on December 21st; site plans that show the shading impacts of new structures on existing dwellings or vacant lots; and measur..
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City of Burlington (VT) Zoning Regulations and Development Review Standards; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
Vermont
Municipal
Within its Development Review Standards Article in its Zoning Code, Burlington, Vermont includes provisions to encourage solar energy system installations. A major goal in Burlington is to support the use of renewable energy resources, including maximizing solar access within an applicant’s site plan. Maximizing solar access is not limited to only residential or actual building projects, but also where public space is provided as an amenity to the site plan; the open space shall be sited on the parcel to maximize solar exposure. Additionally, s..
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County of Brown Zoning Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
Minnesota
Municipal
In its Zoning Ordinance, Brown County in Minnesota lists solar energy systems and solar structures as permitted uses in the Agricultural/Shoreland Protection District, Highway Business District, General Business District, and Limited Industry. Section 702 of its Zoning Ordinance, however, permits solar energy systems and solar structures as accessory uses in all districts, including residential ones, “provided the system is in compliance with minimum lot requirement and setbacks.” The section also goes on to include solar energy systems as elig..
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County of Broward Solar Zoning Regulations
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
Florida
Municipal
Broward County, Florida enacted Ordinance No. 2012-22 to amend its Code of Ordinances, specifically within its Zoning Article, to create a new section, 39-109, entitled “Rooftop Photovoltaic Solar Systems.” Section 39-109 permits photovoltaic solar systems as accessory equipment in all zoning categories and provides for severability with an effective date. The section lists height and maintenance regulations as well as the requirements for a permit an owner must obtain before installation. ..
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City of Boynton Beach Zoning Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
Florida
Municipal
Boynton Beach, Florida has incorporated Solar Photovoltaic (PV) Arrays regulations within its Zoning Code in a separate subsection. In that subsection, Boynton Beach lists height, location, and rooftop requirements. The PV Arrays sub-section also describes regulations for wall mounted or flush to a building or structure solar energy systems. These regulations include a required yard setback by more than three feet, a minimum dimension of nine feet, and a wall mounted PV array design that is compatible with the structure and surface to which it ..
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County of Blaine Zoning Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
Idaho
Municipal
Blaine County, Idaho has created a number of zoning regulations in its county code. As part of its regulations, Blaine County has dedicated a chapter specifically for solar utilities facilities. These regulations include how collector system panels and mounts are to be installed; height restrictions of BIPB and roof collected mounted panels; and the way in which ground and pole mounted solar collectors are to be anchored. Blaine County has also created additional standards for solar energy systems located within the county’s overlay districts. ..
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City of Biloxi Zoning and Sustainable Design Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
Mississippi
Municipal
Biloxi, MS has dedicated an entire section in its zoning code to Sustainable Design in order to “promote sustainable development practices as a means of addressing global climate change, protecting natural resources, and ensuring a high quality of life for future city residents.” As part of encouraging its citizens to build more sustainably, Biloxi created a Sustainable Development Point Requirement, where “all applications for approval of a Site Plan for nonresidential, mixed-use, and multifamily residential development” shall incorporate a nu..
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Town of Berlin Zoning Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
Maryland
Municipal
In its Zoning Chapter, the Town of Berlin has created a section specifically for site design guidelines, Section 108-274. Within that section, Berlin has authorized solar energy use. A developer or owner must consider the feasibility and desirability of active and passive solar energy use before installation. Builders must also “orient proposed buildings and provide structures to provide for solar energy use and to preserve solar access of adjoining properties.” ..
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City of Bentonville Zoning Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
Arkansas
Municipal
The city of Bentonville, Arkansas has created a separate Article, 601, in its Zoning Code for all use regulations. Section 601.24 specifically describes the requirements for solar energy systems. Bentonville considers the number of solar panels and supporting equipment as one system, without any limitation as to the number of modules and arrays installed on the property. The section includes location, height, and setback requirements for roof mounted, ground mounted systems, and pole mounted systems. Section 601.24 also includes regulations for..
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City of Belfast Site Plan Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Site Plan Approval, Solar Energy, Zoning
Maine
Municipal
Chapter 90 of the City of Belfast’s Code lists site plan criteria. Those criteria include pollution control, groundwater access, landscaping, and access to direct sunlight for an abutting property owner for solar energy system. Sec. 90 -42(17) goes on to state that the Planning Board may prohibit, restrict, or control development in order to protect and ensure access to direct sunlight for solar energy systems. ..
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City of Belfast Energy and Efficiency Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
Maine
Municipal
Within its Zoning Code, the city of Belfast in Maine has incorporated a chapter to enable its citizens to participate in a Property Assessed Clean Energy (“PACE”) Program. The PACE Program will create opportunities for “owners of qualifying propert[ies]” to “access financing for energy saving improvements to their properties.” This Program, under Belfast’s chapter, creates these financing opportunities for not only solar thermal systems, but also many other renewable sources such as photovoltaic systems, biomass systems, landfill gas to energy ..
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Town of Bedford Zoning Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
New York
Municipal
Within its Zoning Chapter, the Town of Bedford includes solar panels in its Accessory buildings or structures section, § 125-27. Bedford lists solar energy collectors and studios as an accessory structure permitted in all districts, subject to a list of requirements including floor area minimums and maximums, height maximums, and ground floor area measurements. § 125-27, however, does not specify requirements for solar energy systems individually.
Bedford created the Bedford Energy Task Force to help the Bedford 2020 Coalition accomplish ..
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Town of Babylon Zoning Regulations; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
New York
Municipal
In its Zoning Chapter, the Town of Babylon does not dedicate any specific section to the implementation of solar energy systems. The Code does permit solar energy production facilities that are not less than 50 acres, subject to restrictions placed by the Planning Board in two Residence Districts, A and C, as well as the Town’s Business District. In terms of new architectural design requirements, developers and owners are permitted to install solar roof panels. The Chapter, however, does not describe specific requirements for solar energy syste..
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City of Austin Zoning Ordinance; Solar Zoning
Date Added: Wednesday, August 23, 2017Solar Energy, Zoning
Texas
Municipal
The City of Austin, Texas has integrated zoning for solar within its zoning ordinance not as a separate section or chapter, but mostly within its Building Design Standards Article. According to its Zoning Ordinance, Austin permits solar collectors in Residential Use zoning districts as accessory use structures. In order to satisfy the building requirements under the Building Design Standards Article, each building must earn one point from a number of design options laid out in § 3.3.2, Table C. One of those options is to “integrate solar power ..
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City of Saratoga Springs New York Zoning Ordinance
Date Added: Wednesday, May 31, 2017Stormwater Management, Zoning
New York
Municipal
The purpose of the City of Saratoga Springs Zoning Ordinance is to encourage physical development while promoting public health, safety, and welfare. The ordinance is intended to classify, designate, and regulate the location and use of buildings, structures, and land for agricultural, residential, commercial, industrial, or other uses, and to divide the City into districts best suited to carry out the regulations set forth in the General City Law and provide for their enforcement. The regulations and district boundaries identified in the Zonin..
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North Salem (NY), Chapter 250, Article XIII Conditional Use and Special Permit Standards, Section 250-66
Date Added: Tuesday, May 23, 2017Land Use Planning, Zoning, Natural Resource Protection & Conservation
New York
Municipal
The Town of North Salem enacted this section to prescribe certain requirements for public utilities. The use for the public utility must be necessary from the public standpoint. The installations shall be covered with landscaping, paintings, or fencing so that the area remains harmonious with the landscape...
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Village Of Aurora Emergency Dwellings Ordinance
Date Added: Tuesday, May 23, 2017Zoning, Post-Disaster Management
Illinois
Municipal
If a dwelling is rendered uninhabitable due to fire, flood, or similar natural or manmade disaster, the Zoning Board of Appeals may authorize the placement of an emergency dwelling in that location. The units must meet all applicable building, fire, health, and other codes. An emergency dwelling must have running water and be connected to a totally enclosed septic system or public sewer. The emergency dwellings shall be removed within ten days of the issuance of the Certificate of Occupancy for the repaired or replaced dwelling. Maximum duratio..
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The City of Utica Uses and/or Structures Rendered Nonconforming Ordinance
Date Added: Tuesday, May 23, 2017Land Use Planning, Zoning, Natural Resource Protection & Conservation
New York
Municipal
The City of Utica described the zoning procedures in place if any use or structure became nonconforming within the Land Conservation District. Even if the structure conforms in its district, it will be considered a nonconforming use or structure in the Land Conservation District. Existing nonconforming uses and/or structures shall not be expanded. Substantial improvements of nonconforming uses shall not be allowed, irrespective of the need for the improvements. Nonconforming structures within the one-hundred-year flood plain will be required to..
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The Town of Islip Word Usage and Definitions for Zoning Requirements
Date Added: Tuesday, May 23, 2017Development Standards, Local Governance, Zoning
New York
Municipal
The Town of Islip set out the word usages and definitions to be used in their zoning requirements. All accessory buildings must be restricted to one story in height. Building height is determined by looking at the vertical distance from the average grade of the ground at the base of the structure to the highest point of roof, excluding chimneys, spires, and other permitted projections. For any single-family homes in a special flood hazard area, the building height shall be measured from the average grade of the ground at the base of the structu..
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The Town of Middleburgh Nonconforming Uses, Structures and Lots Ordinance
Date Added: Tuesday, May 23, 2017Flood Prevention, Zoning
New York
Municipal
The Town of Middleburgh has several districts which must meet certain specifications. Parcels in the Flood Protection District (FPD) must comply with the Flood Damage Prevention Law and new parcels (after 12/31/07) must comply with the district requirements. The Planned Development District (PDD) was designed to accommodate such large-scale uses as to the benefit to the community. The law is not intended to restrict the construction or use of underground or overhead public utility distribution facilities. There are specific restrictions on gaso..
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The town of Skaneateles Nonconforming Uses, Structures and Lots Ordinance
Date Added: Tuesday, May 23, 2017Development Standards, Mixed/Multiple Use, Zoning
New York
Municipal
The town of Skaneateles created rules that apply to nonconforming uses, structures, and lots. Existing nonconforming lots with impermeable surface coverage may be redeveloped by a special permit. The impermeable surface area must be reduced to the maximum extent possible to minimize the impact on streams, lakes, and groundwater. Measures to reduce the impermeable surface includes infiltration trenches, vegetated streams, and lake buffers. If the lot is within the Skaneateles Lake Watershed, the Planning Board Engineer shall also consult with th..
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Municipal Code, Chapter 150 Zoning, Article IIA Environmental Protection Overlay Districts, Section 150-9.20 EPOD 3 Steep Slope Protection District
Date Added: Tuesday, May 23, 2017Steep Slope Protection, Zoning
New York
Municipal
ep Slope Protection District sets forth regulations designed to minimize the impacts of development activities on steep slopes, including soil erosion and sedimentation, destruction of vegetation, increased stormwater runoff, and landslides. Regulated activities within the District include the clearing of or construction on land; the construction of sewage disposal systems; filling, cutting, or excavation; and discharge of stormwater and/or construction and placement of stormwater runoff systems. In order to be permitted to undertake such regul..
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City of Newburgh Zoning Law, Section 300- 52 Environmental Constraints
Date Added: Tuesday, May 23, 2017Steep Slope Protection, Zoning
New York
Municipal
Consistent with the general purposes of the City of Newburgh Zoning Law, the Supplementary Regulations set forth environmental constraints to control potentially objectionable external aspects of all uses. The regulations require specific conditions for steep slopes (greater than 15%): adequate erosion control and drainage measures must be in place to prevent erosion and sedimentation; the cutting of natural vegetation must be minimized; safety hazards such as subsidence, road washouts, landslides, flooding, or avalanches must be prevented; and..
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City of Chapel Hill Land Use Management Ordinance
Date Added: Tuesday, May 9, 2017Land Use Planning, Zoning
North Carolina
Municipal
The Chapel Hill Land Use Management Ordinance establishes standards and procedures for new development and redevelopment in the Town. The document provides rules under the Comprehensive Plan that tell applicants what is expected in order to gain approval to develop land in the town. The Ordinance provides the different requirements for the zoning districts...
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Technical Guidance Manual for Sustainable Neighborhoods
Date Added: Tuesday, May 9, 2017Comprehensive Planning, Development Standards, Local Environmental Law, Subdivision Regulations, Transit Oriented Development (TOD), Zoning, Street & Sidewalk Development, Parking
State: Not Applicable
U.S. Federal
The sections of this manual are designed to parallel a typical municipality’s land development plans, regulations, and related policies. It begins by presenting strategies to integrate LEED-ND criteria into local planning policies as expressed in comprehensive plans and special area plans. It then presents strategies for incorporating LEED-ND criteria into traditional zoning code sections, site plan and subdivision regulations, and other land use development standards, including building and related codes. Finally, it introduces strategies for ..
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New York State Town Law – Site Plan Review Ordinance
Date Added: Tuesday, May 9, 2017Local Boards, Site Plan Approval, Zoning
New York
State
This law empowers Town Boards in New York state to conduct site plan review. The law contains instructions for towns to authorize planning boards to review proposed site plans, conduct public hearings, and make rulings as to approval (i.e. approval, approval with modification, conditional approval). Planning boards are also authorized to issue variances when public policy dictates. In addition, the law outlines other functions a planning board may perform, including: requiring reservation of parkland (or money in lieu thereof) or requiring the ..
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New York State Town Law – Official Maps, Changes Ordinance
Date Added: Tuesday, May 9, 2017Official Map, State Land Use Law, Zoning
New York
State
This law grants town boards the authority to make changes to their town’s official map. ..
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New York State Town Law – Official Map, Establishment Ordinance
Date Added: Monday, May 8, 2017Official Map, State Land Use Law, Zoning
New York
State
This ordinance authorizes Town Boards in New York State to create official maps, which are to include streets, highways, parks, and drainage systems, by towns located in New York State. ..
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New York State Town Law – Adoption of First Zoning Ordinance
Date Added: Monday, May 8, 2017Local Boards, State Land Use Law, Zoning
New York
State
This ordinance requires town boards to appoint a zoning commission, whose responsibility is to recommend boundaries of districts and regulations to be enforced in those boundaries. ..
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New York State Town Law – Purposes in View Ordinance
Date Added: Monday, May 8, 2017Comprehensive Planning, State Land Use Law, Transportation & Land Use Planning, Zoning, Disaster Mitigation
New York
State
This ordinance explains the purpose behind granting zoning and land use planning authority to municipalities in New York State. ..
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New York State Town Law – Grant of Power Ordinance
Date Added: Monday, May 8, 2017Land Use Planning, Local Boards, State Land Use Law, Zoning
New York
State
The following law grants authority to Town Boards in New York State to regulate and restrict the height, number of stories and size of buildings and other structures, the percentage of lot that may be occupied, the size of yards, courts, and other open spaces, the density of population, and the location and use of buildings, structures and land for trade, industry, residence or other purposes; provided that such regulations shall apply to and affect only such part of a town as is outside the limits of any incorporated village or city; provid..
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New York State Town Law – Planned Unit Development Zoning Districts Ordinance
Date Added: Monday, May 8, 2017Land Use Planning, Planned Unit Development, State Land Use Law, Zoning
New York
State
New York grants authority to local government to pass planned unit development ordinances. Other states may use this law as a guide when promulgating planned unit development statutes. Planned Unit Development Zoning Districts are implementation tools for municipalities to utilize in working toward smart growth...
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New York Town Law – Intermunicipal Cooperation in Comprehensive Planning & Land Use Regulation
Date Added: Monday, May 8, 2017Comprehensive Planning, Intermunicipal Agreements, Land Use Planning, State Land Use Law, Zoning
New York
State
This state law from New York is a model for state governments seeking to promulgate statutory law to guide its towns in their efforts at local zoning and planning laws. Intermunicipal cooperation in comprehensive planning and land use regulation allows municipalities to work together toward smart growth in the region...
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New York State Town Law – Cluster Development Ordinance
Date Added: Monday, May 8, 2017Clustering & Cluster Development, Transportation & Land Use Planning, Zoning
New York
State
This New York State law is a model for state government seeking to promulgate statutory law to guide its towns in their efforts at local zoning and planning laws. Cluster Development is a tool for municipalities to utilize when working toward smart growth...
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New York State Town Law – Article Seventy-Eight Proceeding Ordinance
Date Added: Monday, May 8, 2017Local Boards, Zoning
New York
State
This law creates a procedure through which a party may challenge the decision of the Zoning Board of Appeals. Persons aggrieved by a decision of the Zoning Board of Appeals may apply to the New York State Supreme Court for review through Article Seventy-Eight of the Civil Practice Law and Rules. Under this section, the Supreme Court is authorized to reverse, affirm, or modify a decision that is brought up for review...
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New York State Town Law – Board of Appeals Procedure Ordinance
Date Added: Monday, May 8, 2017Local Boards, Zoning
New York
State
This statute establishes the procedure that the Zoning Board of Appeals is required to follow. The procedure includes holding meetings that are open to the public and requiring the minutes of the meetings to become public record. The statute also establishes the appellate jurisdiction of the Zoning Board of Appeals and creates the procedure and time requirements for appeals to be filed...
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New York State Town Law – Zoning Board of Appeals
Date Added: Monday, May 8, 2017Local Boards, Zoning
New York
State
This section of the New York State Town Law empowers town boards to form a zoning board of appeals composed of three to five members. Furthermore, it establishes the procedure for appointment and removal of members, the length of terms for the members, and the duties of the chairperson...
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State of New York Official Map Changes Ordinance
Date Added: Monday, May 8, 2017Development Standards, Official Map, Site Plan Approval, Zoning, Street & Sidewalk Development
New York
State
This law authorizes city legislatures to change or add to the official map of the city in order to lay out new streets, highways parks and even drainage systems. Changes are made subject to adequate notice to those persons noted on last real property tax notice which is to be included in such proposed layout, and are subject to report by planning board who may forfeit right to suspend further action if no response is rendered within thirty days of such reference. Adopted changes become part of city’s official map and are deemed final...
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Town of North Castle Parkland Reservations Ordinance
Date Added: Monday, May 8, 2017Recreational Uses, Site Plan Approval, Zoning
New York
Municipal
It is the intent of the Town Board to require the provision of parkland and recreation land in conjunction with the granting of site development plan approval for multifamily uses in all zoning districts of the Town of North Castle where such uses are permitted. The Town of North Castle finds that multifamily housing places an added burden on the Town of North Castle in regard to providing adequate park and recreation areas to service the needs of the inhabitants of such housing. In the event that it is not practical, in the opinion of the Plan..
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Town of North Castle Hilltops, Ridgelines & Steep Slopes Ordinance
Date Added: Monday, May 8, 2017Ridgeline Protection, Steep Slope Protection, Zoning
New York
Municipal
§ 213-17 of the Town Code for the Town of North Castle was enacted for the purpose of preventing erosion, minimizing stormwater runoff and flooding, and preserving the Town's character and property values. The means by which the Town attempts to reach this goal is by preventing the development of hilltops, ridgelines and steep slopes...
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Town of Newtown Zoning Ordinance
Date Added: Monday, May 8, 2017Agriculture, Zoning, Natural Resource Protection & Conservation, Farmland Protection & Preservation
Connecticut
Municipal
The town of Newtown created a conservation and agriculture zone, which, in part, is focused on the retention of agriculture as a beneficial industry within the town. No land or structure within the zone may be altered except for the purposes of natural resource conservation or farming...
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New York State Land Use Enabling Acts
Date Added: Monday, May 8, 2017Land Use Planning, Local Governance, State Land Use Law, Zoning
New York
State
Parallel provisions of New York State’s Town, Village, and General City Law grant local governments powers to zone similar to those granted by the Standard State Zoning Enabling Act (SZEA) promulgated by the U.S. Department of Commerce in the 1920s. New York State encourages, but does not require, local governments to adopt comprehensive plans, and state statutes enumerate 15 topics that may be included in comprehensive plans. Local governments have considerable additional powers to regulate local land use under the home rule provisions of the ..
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State of North Carolina Zoning Enabling Act
Date Added: Sunday, May 7, 2017Local Boards, State Land Use Law, Zoning
North Carolina
State
Grant of power
Section 153A-340 permits, but does not require, counties to pass zoning ordinances for the purpose of promoting health, safety, morals, or the general welfare of the community. These ordinances may regulate and restrict the size, location, and use of buildings and other structures; the percentage of lots that may be occupied; the size of yards and other open spaces; and population density. This section also allows counties to provide density credits or severable development rights pursuant to § 136-66.10 or § 136-66.11, and to..
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State of North Carolina Overlay Zoning Ordinances – Counties
Date Added: Sunday, May 7, 2017Overlay District, State Land Use Law, Zoning
North Carolina
State
North Carolina affirmatively grants counties the authority to employ overlay zoning at § 153A-342, the general statute that authorizes counties to create zoning districts. Two specific types of overlay districts are explicitly authorized in other provisions. Section 160A-383.1, which is made applicable to counties at § 153A-341.1, allows counties to create manufactured home overlay districts within defined areas of residential districts. Section 160A-400.4 allows the use of overlay districts for the designation of historic districts. Counties m..
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State of North Carolina Overlay Zoning Ordinances – Cities
Date Added: Sunday, May 7, 2017Overlay District, State Land Use Law, Zoning
North Carolina
State
North Carolina affirmatively grants cities the authority to employ overlay zoning at § 160A-382, the general statute that authorizes the creation of districts for zoning. Two specific types of overlay districts are explicitly authorized in other provisions. Section 160A-383.1 allows cities to create manufactured home overlay districts within defined areas of residential districts, and § 160A-400.4 allows their use for the designation of historic districts. Cities may not include in an overlay district land owned by the State of North Carolina w..
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State of North Carolina Low & Moderate Income Housing Programs
Date Added: Sunday, May 7, 2017Affordable Housing , State Land Use Law, Zoning
North Carolina
State
This ordinance allows counties to exercise enumerated powers in creating affordable housing...
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Township of Mount Laurel Low & Moderate Income Housing – Enforcement; Violations & Penalties Ordinance
Date Added: Sunday, May 7, 2017Affordable Housing , Enforcement, Zoning
New Jersey
Municipal
Part II of General Legislation, Chapter 154, Article XVI, Section 154-131.14 D requires the township to encourage the resolution of disputes which violate the other provisions of the article through mediation and conciliation efforts...
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City of Hannibal Planned Density Residential District Ordinance
Date Added: Sunday, May 7, 2017Planned Development Districts, Smart Growth, Zoning, Density
Missouri
Municipal
The Planned Density Residential District is established to ensure adequate infrastructure support and allow for flexibility of use of the land by developers. It requires increasing open space as a percentage of land as the number of residential units being built increases. The Rural District is to provide space for agricultural uses and the orderly transfer of land to urban uses, while the Agricultural District is solely for the former...
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Town of Mendon Nonconforming Uses & Structures Ordinance
Date Added: Sunday, May 7, 2017Nonconforming Uses, Zoning
New York
Municipal
This law creates regulations and prohibitions concerning nonconforming uses and structures in the Town of Mendon, NY. ..
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Town of Mendon Environmental Protection Overlay Districts Ordinance
Date Added: Sunday, May 7, 2017Erosion & Sedimentation Control, Flood Prevention, Historic Preservation, Official Map, Overlay District, Scenic Resources, Sewage Management, Steep Slope Protection, Timber Harvesting, Zoning, Wetlands & Watercourse Protection
New York
Municipal
This law creates environmental protection overlay districts for the Town of Mendon, NY. The districts include: Wetland Protection Overlay District, Steep Slope Protection Overlay District, Watercourse Protection Overlay District, Scenic Vista Protection Overlay District, Historic Preservation Overlay District, Waste Disposal Overlay District, Woodlot and Timber Harvesting Protection Overlay District, Flood Damage Prevention Overlay District, and Soils Susceptible to Ponding Overlay District. ..
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County of Rockland Proposed Resolution for Certification of Municipal Planning & Zoning Board Members
Date Added: Sunday, May 7, 2017Local Boards, Mandatory Training, Zoning
New York
Municipal
This is a sample resolution provided by the Rockland Municipal Planning Federation for municipalities within the county to adopt. The resolution requires land use training of Planning Boards and Zoning Boards of Appeal...
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Town of Mamaroneck Recreation District Ordinance
Date Added: Sunday, May 7, 2017Recreational Uses, Zoning
New York
Municipal
Chapter 240 of Mamaroneck’s Town Code creates the Recreation District and describes the qualities of such district...
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Town of Malta Planned Development Districts – Zoning Ordinance
Date Added: Sunday, May 7, 2017Planned Development Districts, Zoning
New York
Municipal
Chapter 167 of the Town Code for the Town of Malta sets forth the requirements for developing the planned development district. The regulations imposed on the developer include size requirements of developments, the set-asides for work-force, and specifications related to retirement housing. The planning board may also add additional requirements which are deemed necessary. There is an automatic termination within 5 years if site plan approval or the building permit has not been obtained, or construction has yet to commence...
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Town of Malta Department of Building & Planning Ordinance
Date Added: Saturday, May 6, 2017Local Boards, Site Design Standards, Site Plan Approval, Zoning
New York
Municipal
Chapter 3 of the Town Code for the Town of Malta creates the Department of Building and Planning in order to provide for the efficient administration and enforcement of laws relating to planning, zoning, fire safety and prevention, building construction, the environment, development, master planning and such other areas the Town Board may deem appropriate...
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Town of Malta Planning Board & Zoning Board of Appeals Ordinance
Date Added: Saturday, May 6, 2017Local Boards, Zoning
New York
Municipal
This chapter of the Town Code of the town of Malta applies to the appointment, terms, functions and powers of alternate members to those appointed to serve on the Planning Board/Zoning Board of Appeals in the Town. The use of such alternate members to fill in for those that are absent is authorized pursuant to the provisions of the chapter...
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State of Massachusetts Cluster Development by Special Use Permit Ordinance
Date Added: Saturday, May 6, 2017Development Standards, Clustering & Cluster Development, Zoning
Massachusetts
State
Section nine of chapter 40A authorizes zoning ordinances or by-laws to provide for special permits for uses that are in harmony with the general purpose and intent of the ordinance or bylaw, including special permits for cluster developments. Such cluster developments are to be permitted upon review and approval by a planning board pursuant to the subdivision control laws of chapter forty-one, sections 81K to 81GG inclusive. See paragraph six. Paragraph seven defines cluster development, as among other things, residential developments separa..
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State of Massachusetts Affordable Housing Zoning – by Special Use Permit Ordinance
Date Added: Saturday, May 6, 2017Affordable Housing , Zoning
Massachusetts
State
This statute authorizes the issuance of special permits authorizing increases in the permissible density of populations, provided that the applicant provide housing for persons of “low or moderate income. This statute authorizes zoning ordinances or by-laws to provide for special permits for uses that are in harmony with the general purpose and intent of the ordinance or bylaw. Such permits may also impose conditions, safeguards and limitations on time or use. ..
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Town of Big Flats Aquifer Protection Overlay District Ordinance
Date Added: Saturday, May 6, 2017Aquifer Protection, Overlay District, Zoning, Drinking Water Protection & Conservation, Wetlands & Watercourse Protection
New York
Municipal
This ordinance is designed to protect the local drinking water in the interest of public health and safety. The town is creating an Aquifer Protection Overlay District (APOD) to create districts in which certain uses of water are permitted. There are also various uses of water that are and are not permitted which vary by the districts that are set forth in the ordinance...
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City of Kingston Roundout Creek & Hudson Riverfront Districts Ordinance
Date Added: Friday, May 5, 2017Waterfront Revitalization, Zoning, Natural Resource Protection & Conservation, Wetlands & Watercourse Protection
New York
Municipal
This law creates the Rondout Creek and Hudson Riverfront Districts, in order to afford priority to water dependant uses, achieve public access to the coastal area, control development, and to implement the policies and purposes of the City of Kingston Local Waterfront Revitalization Program. This law also sets up a permit and special permit system, for person’s seeking to build or conduct certain activities within these protected districts. ..
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Town of Irondequoit River Harbor District Ordinance
Date Added: Friday, May 5, 2017Economic Development, Zoning, Natural Resource Protection & Conservation
New York
Municipal
The River Harbor District, as laid out in Article XXIV of the Town Code, is designed to provide a suitable character and stable environment for the establishment and maintenance of water-dependent and/or water-enhanced uses and activities along the east bank of the Genesee River near the Port of Rochester. The district is also designed to promote appropriate residential and economic development and to improve public access to the riverfront. Other goals of the district include protection of the unique and sensitive environmental features that e..
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Town of Irondequoit Open Space District Ordinance
Date Added: Friday, May 5, 2017Open Space Preservation, Recreational Uses, Zoning
New York
Municipal
Article XII, § 235 of the Town Code of Irondequoit creates an Open Space District for the purpose of preserving a suitable character and a stable environment for the establishment and maintenance of recreational and open space, and activities conducted within the Town. ..
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Town of Irondequoit Environmental Protection Overlay District
Date Added: Friday, May 5, 2017Overlay District, Zoning, Natural Resource Protection & Conservation
New York
Municipal
The purpose of Article XI of the Town Code is to protect the environment in Irondequoit through the establishment of overlay districts established in this article which provide special controls over land development located in sensitive environmental areas within the Town of Irondequoit. ..
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State of Illinois Local Boards & Practices – County Ordinance
Date Added: Friday, May 5, 2017Local Boards, State Land Use Law, Zoning
Illinois
State
Primary county zoning authority is vested in the “county board” or “board of county commissioners;” however, corporate county authorities must appoint, confirm, and provide for a “zoning commission” to exercise powers delegated under general zoning enabling authority. Such commissions (a) provide public notice, (b) conduct public hearings, (c) prepare tentative reports, and (d) draft and revise proposed ordinances. County authorities may appoint a “board of appeals” pursuant to county population standards to hear all appropriate actions as spec..
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State of Illinois Conservation Area Zoning – Township Ordinance
Date Added: Friday, May 5, 2017Open Space Preservation, State Land Use Law, Zoning, Natural Resource Protection & Conservation
Illinois
State
Under 60 ILL. COMP. STAT. 1/115-10 et seq. (2004), corporate township authorities are granted broad authority to establish subsidiary boards to study and make recommendations for the conservation of open space in order to “maintain or enhance the conservation of natural or scenic resources.” After such a board is established, a township board may acquire, designate, plan, and zone by ordinance areas to conserve open space and other natural resources, and promote sustainable development. A township may acquire land targeted for open space preser..
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State of Illinois State Zoning Enabling Act – Municipal Ordinance
Date Added: Friday, May 5, 2017State Land Use Law, Zoning
Illinois
State
Corporate municipal authorities may regulate by ordinance to provide for comprehensive regulation of beneficial uses, protection from harms, and mitigation of activities associated with the use of land within their jurisdiction. Examples include height and bulk restrictions on buildings; set back lines along streets, trafficways, drives, parkways, or storm or floodwater runoff channels or basins; and limitations on the intensity of the use of lot areas, including the area of open space, within and surrounding such buildings. Municipal zoning a..
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Town of Hyde Park Zoning Law Purposes Ordinance
Date Added: Friday, May 5, 2017Zoning, Wetlands & Watercourse Protection
New York
Municipal
The purpose of § 108-4 of the Town Code for the Town of Hyde Park is to protect and promote public health, safety, comfort, convenience, economy, aesthetics, general welfare, along with the preservation of the natural, agricultural and cultural resources of the Town of Hyde Park, and to serve other enumerated purposes in this ordinance such as promoting the success of the Town’s comprehensive plan, and encouraging smart growth...
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Town of Huntersville Surface Water Improvement & Management – Stream Buffers Ordinance
Date Added: Friday, May 5, 2017Buffer Zones, Floodwater Management, Zoning, Wetlands & Watercourse Protection
North Carolina
Municipal
This ordinance amends the current zoning regulations to create a “stream buffer network” that will filter pollutants, store floodwater, provide habitat, and contribute to the “green infrastructure.” The buffer is divided into three sections, streamside zone, managed use zone, and upland zone. Each zone has varying level of restrictions, the streamside zone being the most restrictive and the upland zone being the least restrictive. ..
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Town of Greenburgh Conservation District Ordinance
Date Added: Friday, May 5, 2017Development Standards, Overlay District, Zoning, Natural Resource Protection & Conservation
New York
Municipal
The purpose of this law is to provide performance criteria assuring conservation of natural resources during and after development in a conservation district (CD). The CD is to be an overlay zone over any other zone allowed in the town. The Conservation District will be evaluated by criteria set out under this provision including the development standards. ..
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Town of Gardiner Zoning Purposes Ordinance
Date Added: Friday, May 5, 2017Comprehensive Planning, Zoning
New York
Municipal
Sections 220-1, § 220-2, and § 220-3 of the Town Code for the Town of Gardiner provide an introduction to the Town’s zoning ordinance. Chapter 220 states the title and the purpose of the zoning ordinance and acknowledges that the provisions of the ordinance are in accordance with the Town’s New Comprehensive Plan. Chapter 220 hereby establishes a new comprehensive zoning plan for the Town of Gardiner which is set forth in the text, tables and map that constitutes this chapter. The plan is adopted for all the purposes set forth in Article 16 ..
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Town of Gardiner Zoning Definitions & Word Use Ordinance
Date Added: Friday, May 5, 2017Zoning
New York
Municipal
This law provides the definition of terms used in Gardiner’s zoning laws. Some of the definitions listed include: wetland, dwelling, central sewage system, commercial excavation, development, impervious surface, junkyard, kennel, farm operation, floor area, lot, mobile home, principle use or structure, substantial improvement, and watercourse...
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Town of Gardiner Open Space Development Ordinance
Date Added: Friday, May 5, 2017Development Standards, Open Space Preservation, Zoning
New York
Municipal
The Open Space Development ordinance implements procedures to allow for development of protected and preserved land, while preserving the natural attributes of the land. Conservation analysis shall take place to plan open space developments. Applicants must prepare inventory maps, surveys, topography maps, and descriptions of the land. Planning Board will make final determinations on the value of the lands preserved. ..
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Town of Gardiner Development in Floodplains Ordinance
Date Added: Friday, May 5, 2017Flood Prevention, Floodplain Regulations, Zoning
New York
Municipal
The Development in Floodplains ordinance in the Town of Gardiner requires that land uses on floodplains be within the boundaries permitted by the Town of Gardiner Flood Insurance Study, with some exceptions. Development in floodplain areas is heavily regulated and variances are granted via permits. Variance permits are granted based on factors such as: alternative means to development, good sufficient cause, safety, and encroachments against property...
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Town of Ellington Age-Restricted Cluster Housing Zone
Date Added: Thursday, May 4, 2017Affordable Housing , Clustering & Cluster Development, Overlay District, Senior Housing, Zoning
Connecticut
Municipal
The Age-Restricted Cluster Housing Zone (ARCHZ) is a floating zone designed to increase availability of market rate privately developed, common interest communities for empty nesters and seniors, while maintaining the rural character of the town, preserving open space and protecting natural resources. ARCHZ zoned property shall only be used for single-family, attached or detached residential housing. Each unit must contain at least one individual 55 or over (or the survivor of such a person); and no more than one child, who must be at least 18 ..
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City of Dover Overriding Districts Ordinance
Date Added: Wednesday, May 3, 2017Overlay District, Steep Slope Protection, Zoning, Natural Resource Protection & Conservation, Wetlands & Watercourse Protection
New Hampshire
Municipal
“Overriding districts”—more commonly known as overlay districts—are superimposed on existing zoning districts. Their regulations supplement existing zoning regulations, and in this ordinance are adopted to protect watercourses and wetlands as well as steep slope areas. The ordinance is intended to preserve the flora and fauna of the community and to maintain high water quality. This ordinance is adopted under the authority of New Hampshire’s Planning and Zoning enabling act, § 674:16, and the state’s Comprehensive Shorelands Protection Act § ..
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Village of Croton-on-Hudson Water Supply Protection Ordinance
Date Added: Wednesday, May 3, 2017Coastal Protection, Development Standards, Site Plan Approval, Zoning
New York
Municipal
The Water Supply Protection Code of the Village of Croton-on-Hudson dictates that each Waterfront Development District shall be comprised of 10 or more contiguous acres of dry land under single ownership and shall have a minimum of 1,000 feet of shoreline along the Hudson River. Permitted uses include specific recreational, residential, and special permit uses, but accessory uses are limited to those uses that are customarily incidental to the permitted uses. It additionally provides the requirements regarding enclosure, landscaping, bulk, heig..
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Village of Croton-on-Hudson Gateway Overlay District Zoning Ordinance
Date Added: Wednesday, May 3, 2017Development Standards, Overlay District, Zoning
New York
Municipal
Croton-on-Hudson has developed a scheme for the creation of physical gateway areas comprised of roads and surrounding areas where those first encountering the village will derive a sense of arrival and connection to the village, which will establish a favorable impression of the community. Restrictions will be placed on development within these areas to ensure and preserve a residential feel and provide a more defined entrance into the village for incoming motorists and pedestrians, which ultimately will bring a more favorable image to the comm..
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Town of Cortlandt Steep Slopes Ordinance
Date Added: Monday, May 1, 2017Steep Slope Protection, Zoning, Wetlands & Watercourse Protection
New York
Municipal
This law recognizes the importance that the future development of land has on the Town of Cortlandt, and focuses on steep slopes in particular as they demand a higher degree of environmental sensitivity. Chapter 259 of the Town Code of Cortlandt establishes regulations which prevent improper disturbance or alteration of steep slopes. The purpose legislature was not to restrict general development in the town but to protect natural resources and preserve the visual and environmental character of the land. ..
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Town of Clarkstown Conservation Density District Ordinance
Date Added: Monday, May 1, 2017Scenic Resources, Zoning, Natural Resource Protection & Conservation
New York
Municipal
Chapter 290, Article II, § 290-6 of the Town Code for the Town of Clarkstown provides protection to Clarkstown’s scenic resources (including streams, wooded-areas, steep slopes, large open spaces and scenic vistas) by controlling and limiting development that would otherwise harm these scenic natural resources. ..
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Town of Chenango Aquifer District
Date Added: Monday, May 1, 2017Aquifer Protection, Zoning, Natural Resource Protection & Conservation
New York
Municipal
§ 73-11 of the Town Code for the Town of Chenango contains several definitions of terms that are important to aquifer protection such as; aquifer recharge zone, watercourse, cone of depression, and toxic or hazardous material. The purpose behind this statute is to minimize the potential for contamination of the aquifer which currently supplies water to the town. This statute divides the Town of Chenango into the following types of aquifer district zones: [1] Wellhead Protection Area, [2] Aquifer Recharge Area, and [3] Watershed Area. These z..
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Town of Cazenovia Lake Watershed Residential Use District
Date Added: Monday, May 1, 2017Development Standards, Open Space Preservation, Site Design Standards, Watershed Protection, Zoning, Wetlands & Watercourse Protection
New York
Municipal
§ 165-11 and § 165-12 of the Town Code for the Town of Cazenovia list several regulations that are designed to limit the use of the lake and the development of property around the lake. Buildings in the designated area around the lake, except for churches and schools, have height limits, and buildings and lots have minimum size requirements. No machinery, equipment, or vehicles used in a business can be stored outside. Boat houses cannot be used for residential purposes and are limited by size and structure requirements. Recreational use an..
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City of Carlsbad Second Dwelling Units Ordinance
Date Added: Monday, May 1, 2017Affordable Housing , Development Standards, Fair Housing, Zoning
California
Municipal
The Second Dwelling Units Ordinance allows the construction of second dwelling units by permits, subject to certain requirements, in order to achieve affordable housing goals...
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Town of Brookhaven Wetland Overlay District Ordinance
Date Added: Monday, May 1, 2017Coastal Protection, Development Standards, Overlay District, Site Design Standards, Zoning, Natural Resource Protection & Conservation, Wetlands & Watercourse Protection
New York
Municipal
Increasing demand for development on property containing wetlands and surface waters may adversely impact and impair such natural resources. This statute creates an overlay district to protect property containing such resources. This statute uses Chapter 81 of the Town Code, Articles 24 and 25 of the New York Environmental Conservation Law, and maps drawn by the New York State Department of Environmental Conservation to determine what areas should be considered wetlands, buffer zones, etc. and protected in the overlay district. This statute ..
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Town of Brookhaven Land Division Ordinance
Date Added: Friday, April 28, 2017Subdivision Approvals, Zoning
New York
Municipal
This law sets forth the application requirements for persons seeking to divide their land into multiple plots. ..
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Town of Brookhaven Great South Beach Zoning Ordinance
Date Added: Tuesday, April 18, 2017Coastal Protection, Erosion & Sedimentation Control, Zoning
New Hampshire
Municipal
This law was created to protect the Great South Beach in Fire Island National Seashore from ecological damage due to overdevelopment. The law does so by placing regulations on construction within the three districts that the island has been separated in to, which are: Residential, Oceanfront, and Commercial. ..
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Town of Brookhaven Central Pine Barrens District
Date Added: Tuesday, April 18, 2017Wildlife & Fish Habitat, Zoning, Natural Resource Protection & Conservation, Wetlands & Watercourse Protection
New York
Municipal
The Town of Brookhaven, New York, uses its zoning code to prevent floods, protect floodplains and other sensitive environmental areas. The zoning contains the Pine Barrens Credit Program, a transfer of development rights program, to maintain the value in lands designated for preservation and protection. Additionally, the program allows environmentally sensitive development to occur in an efficient and orderly fashion, which protects the quality and quantity of waters and the integrity of the Suffolk County Central Pine Barrens ecosystem(s). The..
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City of Ashland Solar Access Ordinance; Solar Zoning
Date Added: Friday, April 14, 2017Solar Energy, Zoning
Oregon
Municipal
In its Zoning Code, the City of Ashland has dedicated a lengthy chapter on Solar Access. The purpose of the Solar Access chapter is “to provide protection of a reasonable amount of sunlight from shade from structures and vegetation whenever feasible to all parcels in the City to preserve the economic value of solar radiation falling on structures, investments in solar energy systems, and the options for future uses of solar energy.” The rest of the chapter provides requirements for where solar energy systems may be placed including lot classifi..
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Village of Briarcliff Westchester County Greenway Compact Plan Ordinance
Date Added: Thursday, April 6, 2017Intermunicipal Agreements, Local Environmental Law, Zoning, Natural Resource Protection & Conservation
New York
Municipal
The Village of Briarcliff has become a participating member in the intermunicipal agreement (the Greenway Compact) pursuant to the Environmental Conservation Law of the State of New York. Accepted amendments to the Greenway Compact are to be adopted by the Village of Briarcliff Manor and proposed amendments that are rejected are not to be considered amendments to the Village of Briarcliff, unless the Village determines these amendments and policies are in conflict with their comprehensive plan, which the Village Council has ultimate power to ap..
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Village of Briarcliff Elder Community District Ordinance
Date Added: Thursday, April 6, 2017Affordable Housing , Senior Housing, Zoning
New York
Municipal
The Eldercare Community District aims at the establishment of a for-profit residential development for the elderly, designed to achieve compatibility with their surroundings and to encourage orderly and well-planned development. The eldercare communities, while not requiring many schools or municipal services or facilities, are capable of bolstering the economy and will encourage more tranquil communities since vehicular movement is minimal. Lots shall be zoned to meet the interests of the elderly and such communities will need certain protecti..
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City of Bloomington High Intensity Mixed Use with Residential District Ordinance
Date Added: Thursday, April 6, 2017Green Buildings & Energy Efficiency, Mixed/Multiple Use, Transit Oriented Development (TOD), Zoning
Minnesota
Municipal
The Bloomington City Code provides for an “HX-R” zoning district (high intensity mixed use with residential) that aims to reduce vehicle trips and vehicle miles traveled by maximizing high-intensity development in close proximity to transit. The ordinance prohibits drive-through and other car-oriented uses. It provides a minimum density of 30 dwelling units per acre of gross site area for residential development in order to promote a critical mass of dwelling units in an area that can support neighborhood-oriented retail and service uses (the..
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Town of Blooming Grove Zoning & Overlay Districts Ordinance
Date Added: Thursday, April 6, 2017Overlay District, Ridgeline Protection, Scenic Resources, Zoning
New York
Municipal
Chapter 235, Section 235-5, of the Town Code for the Town of Blooming Grove establishes different zoning and overlay districts and it describes the purpose of these districts. The purpose of the overlay district is to protect specific types of resources such as scenic views/ scenic roads, and ridgelines. Overlay districts do not change the use of the district, but impose on it, specific requirements that must be followed...
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Town of Blooming Grove Landscaping & Environmental Requirements; Performance Standards Ordinance
Date Added: Wednesday, April 5, 2017Erosion & Sedimentation Control, Landscaping, Local Environmental Law, Zoning
New York
Municipal
The Landscaping and Environmental Requirements; Performance Standards ordinance requires conformance with standards for noise; vibration; smoke, dust, and other atmospheric pollutants; odors; toxic or noxious matter; radiation and electromagnetic interference; fire, explosive and heat; liquid and solid wastes; traffic and lighting. The planning board may vary or waive minimum landscape requirements and erosion and sedimentation control due to special characteristics of the project or site...
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Town of Blooming Grove Golf & Country Club Ordinance
Date Added: Thursday, March 23, 2017Accessory Uses , Environmental Compliance, Pesticide Management, Transportation & Land Use Planning, Zoning, Drinking Water Protection & Conservation
New York
Municipal
In 235-25 of the Town Code for the Town of Blooming Grove, the town creates the Golf and Country Club ordinance which sets forth supplementary requirements pertaining to bulk controls, site requirements, parking requirements, buffers, existing buildings, nuisance, clearance of woodlands, turf management and water quality assurances. The ordinance also requires approval by the Town Board for special events and permitted accessory uses...
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Town of Batavia Wellhead Protection Overlay Zone Ordinance
Date Added: Thursday, March 23, 2017Overlay District, Zoning, Wetlands & Watercourse Protection
New York
Municipal
This law is designed to protect those areas of the town which are important to ensuring a safe and healthful drinking water supply for the Batavia area, local residents, employees and the general public through the preservation of the town's groundwater sources. The designation of two Wellhead Protection Areas (WPA) within the Wellhead Protection Overlay Zone and the careful regulation of activities with these zones will reduce the potential for groundwater contamination. The Wellhead Protection Overlay Zone will preserve and maintain the exist..
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Town of Basalt Housing Mitigation Ordinance
Date Added: Thursday, March 23, 2017Affordable Housing , Zoning
Colorado
Municipal
The Zoning Code for Housing Mitigation requires twenty percent of all newly constructed dwelling units and fifteen percent of the bedrooms of all new residential developments comprised of five or more units be affordable housing. All commercial developers must pay a housing mitigation fee of fifty cents per square foot. The commercial developer must provide a percentage of affordable housing correlating to the number of employees expected to work in the structure after completion based on a formula provided in the statute. Furthermore, 100% o..
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City of Bainbridge Island Accessory Dwelling Units Ordinance
Date Added: Thursday, March 23, 2017Accessory Uses , Affordable Housing , Zoning
Washington
Municipal
Chapter 18.89 of Bainbridge Island Municipal Code describes zoning provisions for accessory dwelling units. The law includes provisions for entrances, setback distance from the main residence, and school fees, among other provisions...
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Town of Babylon Structures Over Water Ordinance
Date Added: Thursday, March 23, 2017Coastal Protection, Site Plan Approval, Zoning, Natural Resource Protection & Conservation
New York
Municipal
Chapter 213, Article XXXII, allows building permits to be given for structures erected over water (which are usually banned under the zoning laws) if two criteria are met. Those criteria are: that the town board must find that (1) No discharges of pollutants or other activities of any kind deleterious to surrounding wetland and surface water shall be permitted to occur on the site, and (2) there shall be provision made for the safe collection and disposal of waste. ..
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City of Amsterdam Development near Streams, Rivers & Wetlands Ordinance
Date Added: Thursday, March 23, 2017Site Plan Approval, Zoning, Wetlands & Watercourse Protection
New York
Municipal
Law requiring that any development near streams, rivers, and wetlands receive a special use permit and approval from the zoning board. ..
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Goodhue County Zoning Ordinance
Date Added: Monday, July 11, 2016Solar Energy, Wind Energy, Zoning
Minnesota
Municipal
Goodhue County adopted solar energy system (SES) regulations in Article 19 of its zoning ordinance. These regulations define a ground-mounted SES as a solar collector located on the ground surface that is physically affixed or attached to the ground, including pole-mounted systems. The regulations define a roof-mounted SES as a solar collector located on the roof of a building or structure that may be physically affixed or attached to the roof. For both ground-mounted and roof-mounted SESs, the regulations include sub-definitions for residentia..
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Delaware Valley Regional Planning Commission Renewable Energy Ordinance Framework Solar PV
Date Added: Monday, July 11, 2016Solar Energy, Zoning
Delaware
Regional Planning Entity
The Delaware Valley Regional Planning Commission’s Alternative Energy Ordinance Working Group developed the DVRPC Renewable Energy Ordinance Frameworks to help municipalities adopt regulations for small-scale renewable energy systems. The ordinance frameworks “provide a menu of sample ordinance language options, both permissive and restrictive, to allow municipalities to build a customized ordinance that addresses their local issues.” The frameworks offer a range of development standards for municipalities to choose from, including requirements..
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Massachusetts Model Solar Bylaw: Allowing Use of Large-Scale Ground-Mounted Solar Photovoltaic Installations
Date Added: Monday, July 11, 2016Solar Energy, Zoning
Massachusetts
State
The Massachusetts Executive Office of Environmental Affairs’ Department of Energy Resources developed a model zoning bylaw that defines large-scale ground-mounted solar photovoltaic installation as solar photovoltaic systems that are structurally mounted on the ground (not roof-mounted) that have a minimum nameplate capacity of 250 kW DC...
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Worcester County, Maryland Alternative Energy Facilities Regulation
Date Added: Thursday, June 30, 2016Alternative Energy, Solar Energy, Zoning
Maryland
Municipal
In its alternative energy facilities regulation, Worcester County defines solar energy systems, in part, based on energy capacity. It defines large solar energy systems as those with a rated capacity of two hundred kilowatts or greater. Medium solar energy systems are ground-mounted systems with a rated capacity greater than five kilowatts but less than two hundred kilowatts or roof-mounted systems of any capacity in excess of five kilowatts. Finally, small solar energy systems have a rated capacity of five kilowatts or less. ..
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Town of Somers Planned Hamlet (PH) District
Date Added: Monday, March 21, 2016Comprehensive Planning, Zoning
New York
Municipal
The Town of Somers created the Planned Hamlet (PH) District pursuant to its Comprehensive Master Plan, to provide the opportunity and encouragement for the creation of a village-like development cluster containing a combination of housing, jobs and other nonresidential uses linked to, and supportive of, neighboring retail shopping areas. This ordinance sets forth the principal and accessory uses in the district, the approvals process, and the design guidelines applied in the district...
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Village of Patchogue Historical Preservation and Architectural Review Ordinance
Date Added: Monday, March 21, 2016Historic Preservation, Zoning
New York
Municipal
It is the purpose of Chapter 93, § 70 of the Municipal Code for the Village of Patchogue to establish procedures and design criteria necessary to avoid buildings within the Village that lack uniformity or are inappropriately designed and located. The goal is to preserve and enhance the character, historical interest, beauty, and general welfare of the Village and to ensure that the location and design of buildings, signs, other structures, and open spaces in the Village aid in creating a balanced and harmonious composition of the whole as well ..
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New York’s Second Land Use System: A Description of New York City Land Use Law
Date Added: Wednesday, March 2, 2016Land Use Planning, Local Boards, Zoning
New York
State
Kathryn M. Ryan’s paper describes New York City's complex zoning regulations. Its purpose is to condense and explain the most important features of that code in a digestible format. It relies heavily on materials to be found on a variety of the City’s web pages, including that of the Department of City Planning, some of which is presented here verbatim...
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Accessory Uses of Land in New York State
Date Added: Wednesday, March 2, 2016Accessory Uses , Local Boards, Zoning
New York
State
Accessory Uses of Land in New York State, by Jeffery B. Durocher, explains how local communities take different approaches to permitting accessory uses of land, using the test of whether the proposed use is incidental and customary to the primary use of the land. The article also explains that religious and educational uses are usually permitted in residential areas because they contribute to the general welfare...
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Town of Morristown Transit Village Core Zone (TVC)
Date Added: Wednesday, March 2, 2016Pedestrian Oriented Design (POD), Transit Oriented Development (TOD), Transportation & Land Use Planning, Zoning
New Jersey
Municipal
The Code of Ordinances for the Town of Morristown, New Jersey, provides for a Transit Village Core Zone (TVC), which is aimed at creating a livable, walkable community that decreases the need for cars. The town was the first of five transit villages designated in 2000 by New Jersey Department of Transportation and New Jersey Transit, as its downtown includes a New Jersey Transit station on the Midtown Direct Line that connects commuters to New York Penn Station. In September 2009, the town unveiled a $75 million, 217-unit condominium project kn..
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City of Mandeville Comprehensive Land Use Regulation Ordinance
Date Added: Wednesday, March 2, 2016Comprehensive Planning, Land Use Planning, Zoning
Louisiana
Municipal
Adopted in 1993 and last updated in June 2002, this very extensive comprehensive plan serves as the zoning ordinance for the city. ..
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County of Davidson Environmental Performance Standards
Date Added: Wednesday, February 10, 2016Zoning, Natural Resource Protection & Conservation
Tennessee
Municipal
This ordinance is predicated on the concept that land use policy decisions and zoning decisions must be made in the context of the land’s characteristics and sound environmental science. The actual language states, “The choice of residential land uses should be based on site-specific characteristics which coincide with the many available varieties of housing. Commercial land use decision-making, conversely, is likely driven more by market forces, such as location or access, than by site characteristics. It is the intent of this article to offer..
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Village of Bronxville Controlled Development District Ordinance
Date Added: Wednesday, February 3, 2016Site Plan Approval, Subdivision Regulations, Zoning
New York
Municipal
In order to facilitate planned and controlled development in accordance with the Village Comprehensive Plan, the Village of Bronxville establishes Controlled Development Districts too allow for possible development on a scale and with a flexibility that could not otherwise be achieved in the Village’s present zoning districts. The newly established districts recognize that some developments require specialized consideration and treatment by providing for the establishment of separate and distinct substantive standards for planned and controlled..
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Form-Based Codes: Lessons Learned from a Mount Holly, NJ Case Study
Date Added: Wednesday, December 2, 2015Transit Oriented Development (TOD), Zoning
New Jersey
Municipal
Form-based code merge design specifications for land development with transportation elements in order to attain the desired built environment and encourages a mix of uses and building types while emphasizing form and function. It governs building massing, streetscapes, and parking locations to promote development or redevelopment. Form-based codes were implemented in municipalities, including Mount Holly Township, throughout New Jersey as a part of the Mobility and Community Form Initiative, which is sponsored by the New Jersey Department of T..
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Town of Dover Transit Oriented Development Plan
Date Added: Thursday, November 5, 2015Transit Oriented Development (TOD), Zoning
New Jersey
Municipal
The Transit Oriented Development Plan (TOD) of the Town of Dover, New Jersey augments the existing land use patterns with new mixed-use residential and commercial development that are based on strong architectural form. It recommends form-based zoning changes, which will run concurrently to the Town’s Master Plan Process, that utilize historic planning and design practice while integrating recent market studies of the Town’s resources. The plan also focuses on pedestrian amenities through creating a strong streetscape program which creates a st..
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Village of Mamaroneck TOD Zoning Study
Date Added: Thursday, October 29, 2015Affordable Housing , Overlay District, Transit Oriented Development (TOD), Zoning
New York
Municipal
The Village of Mamaroneck was awarded a grant from the Tri-State Transportation Campaign (TSTC) and the One Region Funders’ Group to conduct a community-based Transit Oriented Development (TOD) zoning study that would result in a draft zoning ordinance for the area near the Mamaroneck Metro-North Railroad Station.
Mamaroneck has access to public transit, through the Westchester County Bee-Line Bus and Metro North, as well as major transportation corridors including I-95 (New England Thruway), the Hutchinson River Parkway and U.S. Route 1 (B..
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A New Transit-Oriented Development District Zoning Regulation for Meriden
Date Added: Friday, July 17, 2015Transit Oriented Development (TOD), Zoning
Connecticut
Municipal
Meriden, Connecticut prepared a presentation for a public information meeting outlining the new Transit-Oriented Development (TOD) Regulation. The presentation detailed the goals and implementation strategies, laid out TOD sub-districts, use regulations, parking standards, development standards, density goals, and detailed the TOD Master-Plan. In addition to laying out the details of the regulations, the presentation had many maps and mock-ups showing how the development would look in different districts on different streets, including aerial v..
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