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Bluff panel reviews renewable energy ordinance draft, attorney urges simpler review tiers
Summary
Town attorney Chris Fagnon recommended allowing small residential solar as a use by right, using conditional‑use review for larger commercial or utility arrays, and cautioned against creating too many review categories; commissioners asked staff to return a file‑ready draft for a Dec. 4 recommendation vote.
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Town of Bluff Planning & Zoning Chair Amanda Pavanour and town attorney Chris Fagnon led discussion Thursday night on a draft renewable energy ordinance intended to align with the town's general plan while protecting public safety and local resources.
Fagnon advised the commission to allow small rooftop solar arrays as a use by right in designated zoning districts and to use a conditional‑use review for larger commercial or utility‑scale projects so the town can impose site‑specific conditions addressing off‑site impacts, such as glare, noise and dust. "Start with solar," Fagnon said. "When you get into larger scale commercial or utility scale arrays, those would typically need to be reviewed as a conditional use process." He also warned against creating too many distinct review levels or districts, saying that can be confusing to administer.
Commissioners pressed on precedent and practical administration. Commissioner Marcia Hagenfeld asked whether site‑specific conditional approvals would bind future decisions; Fagnon explained that in Utah each conditional‑use application is considered on its own facts and that objective criteria or a use‑by‑right pathway can reduce uncertainty. He also cautioned that Bluff lacks in‑house planning staff, arguing the town should limit heavy administrative loads on volunteer commissioners.
Amanda Pavanour framed the town's goal as facilitating renewable projects consistent with community values while protecting natural resources. "We do want to make it possible in town, but in a way that is safe, and protects our natural environment at the same time," she said.
On wind and geothermal, Fagnon said those technologies raise different land‑use issues and suggested the commission focus on solar first unless there is an immediate local need for stricter rules; he noted existing local wind or geothermal installations remain lawful absent new restrictions. He also suggested short‑term options such as a temporary moratorium if the town needed breathing room to adopt new rules.
Staff and commissioners agreed to pursue a cleaned, file‑ready ordinance and to aim for a Planning & Zoning recommendation to town council at the Dec. 4 meeting, allowing time for one additional work session if necessary. Fagnon acknowledged schedule pressure but committed to turning around the draft in time for the commission's review.
