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Bluff advisors recommend narrow, staged renewable-energy rules; larger projects to face conditional review
Summary
Town attorney advised Bluff officials to treat small rooftop solar as uses by right, reserve conditional-use review for larger commercial or utility-scale installations, and delay detailed wind rules unless local demand requires them; staff will return a revised draft for Planning & Zoning action on Dec. 4.
Town attorney Chris Fagnon told the Town of Bluff Planning & Zoning Commission and town council on Nov. 20 that the town should start the renewable-energy ordinance by making small solar installations ‘‘uses by right’’ in appropriate zoning districts while using conditional-use review for larger commercial or utility-scale arrays.
The guidance was offered during a joint work session where commission members said they wanted the ordinance to reflect the community’s support for renewables without creating onerous review requirements. ‘‘You want to make sure that you've got projects of a certain size, particularly solar, that would be a use by right in appropriate zoning districts,’’ Fagnon said, urging the draft to include one or two streamlined levels of review rather than many micro‑categories.
Fagnon recommended keeping rooftop and small ground‑mounted arrays on homes and businesses easy to permit, while reserving a conditional‑use process for larger projects so conditions can address off‑site impacts such as glare, noise or visual effects. He cautioned that wind and other technologies ‘‘have a whole different set of impacts’’ and advised the town to delay highly specific wind rules unless a project was imminent.
Commissioner Marcia Hagenfeld raised a common concern about precedent in conditional permits; Fagnon said Utah practice treats each conditional‑use application on its merits and that explicitly written criteria can convert some installations into uses by right to provide certainty for applicants.
Staff and legal counsel agreed to refine the draft ordinance and return a file‑ready version for the Planning & Zoning Commission to consider recommending to council on Dec. 4, 2025. Fagnon also noted the town could enact a standalone ordinance first and incorporate it into the Unified Land Use Code later if needed.
Next steps: staff will update the draft and deliver it to the commission for a December review and possible recommendation to town council.
