Alternative Energy and the Code Rewrite

There is a growing interest in the use of small scale wind power on residential properties nationwide. The City has now received several inquiries from property owners related to wind turbines, the City is in the process of reviewing our zoning codes regarding alternate energy. Staff had reviewed the issue with the hope of developing a city-wide perspective for appropriate amendments to the zoning code regarding the placement and use of alternative energy systems. The State and Courts keep the target moving and any codes will have to be flexible and easily changed.
Alternative energy is usually associated with renewable sources such as solar, wind, hydroelectricity, earth and biomass and often has the co-benefit of producing electricity or thermal energy without depleting valuable natural resources.
Given rising energy costs in comparison to personal income, the City is seeing increasing interest in renewable energy sources by residential, commercial and industrial uses within the corporate limits. The City needs to consider alternative energy development accommodations where the technology is viable and the environmental, economic and social impacts can be mitigated. Ultimately, our local plans and ordinances should help promote and encourage development of alternative energy sources in a manner that is consistent with our other goals and plans. The City will need to consider how to balance the conflicting environmental and economic issues of our zoning process when evaluating specific alternative energy proposals. These small-scale projects can provide a valuable contribution to the energy and environmental needs of our community and should not be rejected just because their outputs are small. The community needs to be engaged now in the planning process so that alternative energy development impacts can be minimized through careful consideration of location, scale, design and other measures.
The City’s ability to regulate alternative energy is set in Wis. Stat. §§66.0401, §§66.032 and Wis. Stat. §§66.0403 which addresses the authority of municipalities to regulate solar and wind energy systems. It limits the usual reach of the City’s authority to regulate for the health, safety, and public welfare by specifying three situations where regulation is allowed - when the regulation is to preserve or protect public health or safety, when it does not significantly impact the efficiency or cost of the solar or wind energy system, or when an alternative system of comparable cost and efficiency is available. At a minimum, several existing provisions of the City’s zoning code need to be amended to be consistent with state law and there also are other City ordinances that should be amended to better reflect current solar and wind energy technology.