HomeMy WebLinkAbout~Master - Solar energy system uses text amendments ORDINANCE NO. 4013
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF
AMES, IOWA, BY ADOPTING TEXT AMENDMENTS TO SECTIONS
29.501(4)-4, 29.501(4)-7 AND REPEALING SECTION 29.201(116) AND
ADOPTING NEW SECTIONS 29.201(116), (213), (214), (215), (216), (217)
AND(218). ENACTING A NEW SECTION 29.1309 THEREOF,FOR THE
PURPOSE OF SOLAR ENERGY SYSTEMS AND USE; REPEALING ANY
AND ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
TO THE EXTENT OF SUCH CONFLICT; AND ESTABLISHING AN
EFFECTIVE DATE.
BE IT ENACTED,by the City Council for the City of Ames,Iowa,that:
Section One. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby amended by
repealing Section 29.201 (116)and adopting new Sections 29.201 (116),(213),(214),(215),(216),(217),and(218)
as follows:
"See.29.201. DEFINITIONS.
(116) Mechanical Unit means a climate control device and/or a piece of hardware used for the delivery or
measurement of utilities,that is located above ground and is clearly visible,not including solar energy systems as defined
in Section 29.1309.
(213) Solar Energy System—All exterior and above ground parts of a panel or other solar energy device
including legs/braces and/or supporting devices,the primary purpose of which is to provide for the collection,inversion,
storage, and distribution of solar energy for electricity generation, space heating, space cooling or water heating;
primarily for on-site use.
(214) Solar Energy System, Attached — A Solar Energy System which requires support by another
structure, whether roof or otherwise, and does not connect directly to the ground. An attached system is not a minor
projection,as defined in Section 29.402.
(215) Solar Energy System,Commercial—A Solar Energy System which is intended to produce electricity
for sale to a rate regulated or non-regulated utility or for use off site.
(216) Solar Energy System,Freestanding—A Solar Energy System which is completely self-supported.
A freestanding system is not an accessory structure, as defined in Section 29.402, and is therefore regulated by the
setback and height requirements within this section.
(217) Solar Energy System, Interconnected—A Solar Energy System which produces electricity and is
capable of distributing surplus electricity to the public or other properties outside the control of the system's owner,even
if the system is temporarily or automatically disconnected by a switch or other mechanical device.
(218) Solar Energy System,Passive—A Solar Energy System that does not produce electricity and does
not use active mechanical systems for energy transfer.
Section Two. Table 29.501(4)-4, of the Ames Municipal Code is hereby amended to remove "energy
production"from the Manufacturing and Processing uses,to read as follows:
Sec. 29.501. CLASSIFICATION OF USES
Table 29.501(4)-4
INDUSTRIAL USE CATEGORIES
Manufacturina and Processing
Definition. Uses that involve the manufacturing, processing, fabrication,packaging or assembly of goods.
Products may be finished or semi-finished and are generally made for the wholesale market,for transfer to other
plants,or to order for firms or consumers. Goods are generally not displayed or sold on-site,but if so,they are
a subordinate part of sales.
Exceptions: Manufacture of consumer goods to be sold primarily on-site and to the general public is classified
as Retail Sales and Services. Manufacture and production of products from composting organic material are
classified as Waste Processing and Transfer.
Uses Included
Apparel and textiles manufacturing
Artwork,jewelry and toy production
Chemicals,rubber,leather,clay,bone,plastic,stone,and glass materials manufacturing
Concrete batching and asphalt mixing
Food and related products manufacturing
Furniture and fixtures manufacturing
Lumber and wood product manufacturing
Metal and metal products manufacturing,including enameling and galvanizing
Machinery and electrical equipment manufacturing
Manufactured homes and prefabricated structures manufacturing
Movie production facilities
Printing and publishing
Rock crushing and screening
Woodworking,including cabinetry
Section Three. Table 29.501(4)-7,of the Ames Municipal Code is hereby amended to include a definition for
the accessory use"Solar Energy System"to read as follows:
Table 29.501(4)-7
MISCELLANEOUS USE CATEGORIES
Solar Energy Conversion
Definition. The use of Solar Energy Systems for the collection, inversion, storage, and distribution of solar
energy for electricity generation,space heating,space cooling or water heating;primarily for use on-site as an accessory
use to the principal use pursuant to Section 29.1309.
Section Four. A new Section 29.1309 of the Ames Municipal Code titled"Solar Energy Systems"is hereby
adopted to read as follows:
Sec. 29.1309 SOLAR ENERGY SYSTEMS.
Purpose. Solar energy is a clean, readily available and renewable energy source. This section establishes
regulations to facilitate the installation and construction of Solar Energy Systems so that systems are safe,effective,and
efficient,as well as harmonious with the character of the adjacent area where located. The provisions of this Section
apply to the placement,construction and use of"solar energy systems"as defined in this chapter.
The following standards shall apply to the development of Solar Energy Systems:
(1) Allowed Use. Solar Energy Conversion is an allowed accessory use in all zoning districts pursuant
to the standards in this section.
(2) District Classifications.
(a) Residential Properties.As used in this subsection residential properties include those zoned
RL,RM,UCRM,RH,RLP,FS-RL,FS-RM,and also F-VR,F-PRD,and S-SMD.
(b) Non-residential Properties. As used in this subsection, all properties not zoned in the
residential classifications above shall be classified as non-residential property.
(3) Freestanding Solar Energy Systems:
(a) Setbacks
(i) Front. Solar Energy Systems shall not be located within any required front setback.
They may be located in a front yard(beyond the required front setback line)subj ect to approval of a Solar Energy System
Special Use Permit by the Zoning Board of Adjustment.
(a) Front yard, as used in this section, is the space between the principal
building on the lot and the front lot line. See definition and graphic in Section 29.406(7)(e).
(ii) Side and Rear. Six(6)feet from all property lines and other structures.
(iii) Corner and Through Lots.The definition and requirements for a front yard in Section
29.406(7)(e)shall prevail when the subject lot is not an interior lot.
(iv) Easements, Utilities, Rights of Way.No portion of any solar energy system shall
extend into any easement,right of way or public way,regardless of above stated exceptions and regulations for setback
and yard requirements.
(b) Location.Systems shall be located on the same lot as the building being served. Where there
is no principal building,the system is not allowed.
(c) Height. Six (6) feet in height maximum in side and rear yards. Four (4) feet in height
maximum in front yards. The height shall be measured from the grade at system base to the highest peak,including the
highest position of any adjustable system.
(d) Freestanding System Size:
(i) Residential Properties. Systems shall not exceed one-tenth(1/10)the footprint of
the principal building served or one hundred(100)square feet,whichever is greater.
(ii) Non-Residential Properties.Systems shall not exceed one-half(1/2)ofthe footprint
of the principal building served.
(iii) Lot Coverage.Freestanding systems shall be included in the maximum lot coverage
or minimum landscaped area calculations except that up to 40 square feet is allowed regardless of total lot coverage.
(iv) Measurement ofthe system shall be based upon the area ofthe solar receiving panel,
regardless of the adjustment angle of the panel.
(v) A freestanding system,or portion thereof,not visible from abutting street rights of
way at any time of the year is exempt from maximum size and coverage calculations.
(4) Residential Attached Solar Energy Systems are permitted to be located on the roof or attached to a
building,subject to all of the following:
(a) In the case of wall mounting,no part of the system shall project more than five(5)feet from
the building.
(b) In the case of front wall mounting,attached systems are only allowed subject to approval of
a Solar Energy System Special Use Permit by the Zoning Board of Adjustment. The front wall,as used in this section
is defined as any wall coincident with the front yard as defined in Section 29.406(7)(e).
(c) No part ofthe system shall extend more than 50 percent into any required side or rear setback.
No part of the system shall extend into any required front setback.
(d) No portion of any solar energy system shall extend into any easement,right of way or public
way,regardless of above stated exceptions and regulations for setback and yard requirements.
(e) Systems shall not exceed the maximum height in the zone, for the structure to which it is
attached.
(f) The building must have a conforming principal use.
(g) Roof attached systems may be mounted on principal and accessory building roofs provided
they conform to the maximum height standards established in the zone. Additionally,systems shall be mounted parallel
to the pitch of the roof and be no higher than 6 inches from the roof surface except that systems not meeting the flush
mount requirement may be allowed subject to approval of a Solar Energy System Special Use Permit,provided they do
not project more than 5 feet from the roof surface. A system or a portion of a system not visible from abutting street
rights of way is exempt from the flush mount requirement,but no part of the system shall project higher than 5 feet from
the roof surface.
(h) Section 29.401(5),pertaining to height exceptions for architectural features and projections
shall not apply.
(i) Section 29.402(2),pertaining to exceptions for projections into required setbacks shall not
apply.
0) There is no surface area size limitation on attached systems,unless otherwise required by a
Solar Energy System Special Use Permit.
(5) Non-Residential Attached Solar Energy Systems are permitted on the roof of,or attached to a non-
residential building,subject to all of the following:
(a) For wall mounting,no part of the system shall project more than five(5)feet from the wall.
(b) For roof mounting,no part of the system shall project more than ten(10)feet from the roof.
(c) No part ofthe system shall extend more than 50 percent into any required side or rear setback.
No part of the system shall extend more than 20 percent into any required front setback.
(d) No part ofthe system shall exceed the maximum height permitted in the zone,for the structure
to which it is attached.
(e) The building must have a conforming principal use.
(f) Section 29.401(5),pertaining to height exceptions for architectural features and projections
shall not apply.
(g) Section 29.402(2),pertaining to exceptions for projections into required setbacks shall not
apply.
(6) Zoning Permit-Exempt systems. The following systems are exempt from zoning permit requirements:
(a) Systems in which the cumulative surface area of the system is four(4)square feet or less.
(b) Systems or building parts integral to the structure, that are passive (Passive Solar Energy
Systems)in nature and do not project from the structure.
(7) Code Compliance.Solar Energy Systems shall comply with all applicable building codes and are not
exempt from any such inspections and permits. The applicant or designee is encouraged to meet with the regulatory and
utility agencies before purchasing equipment to understand feasibility and code requirements prior to applying for a
zoning permit.
(8) Solar Access.A property owner who has installed or intends to install a solar energy system shall be
responsible for negotiating with other property owners in the vicinity for any necessary solar easement.The granting of
a zoning permit or Special Use Permit by the City does not constitute solar access rights.
(9) Historic Districts.All solar energy systems within a historic overlay district are not permitted unless
a Certificate of Appropriateness has been granted by the Historic Preservation Commission pursuant to Chapter 31,
Municipal Code.None are exempt.
(10) Application for Solar Energy System Zoning Permit(SES ZP).
The Planning&Housing Director shall prescribe the application form and any necessary submittal requirements, as
needed,to determine compliance with this section.The Zoning Permit application shall include,but not be limited to:
(a) A plot plan drawn to scale, showing:
(i) Existing structures on the lot
(ii) Proposed system
(iii) Property lines
(iv) Setbacks of existing and proposed structures
(v) Rights of way
(vi) Utility diagram applicable to proposed system
(b) Elevation views and dimensions
(c) Manufacturer's photographs
(d) Manufacturer's spec sheet including capacity
(e) Demarcation of dimensions. For systems claiming exemption due to "no-visibility" from
abutting street rights of way,the applicant shall place demarcation posts,rods or balloons and schedule an appointment
for staff to confirm no visibility.
(f) Certificate of Appropriateness from Historic Preservation Commission,if applicable
(11) Issuance of Solar Energy System Zoning Permit(SES ZP).
The Planning&Housing Director shall review the permit application. If the application is compliant,an approval shall
constitute a Solar Energy System Zoning Permit(SES ZP)and the applicant shall then be authorized to seek any other
necessary building permits and approvals before installation. Any decision of denial shall be in writing and supported
by substantial evidence contained in a written record. The Zoning Permit can be revoked if there is evidence that the
system does not comply with the permit.
(12) Solar Energy System Special Use Permit(SES SUP):
(a) Application.The Planning&Housing Director shall prescribe the application form and any
necessary submittal requirements,as required in this Section and Section 29.1503. The Director can waive any of the
submittal requirements of a SES SUP upon request of the applicant,which the Director deems not applicable.
(b) Procedure. The procedure shall follow Section 29.1503(a), Special Use Permits. Sections
29.1503(b-d),(Residential Zone Standards,Commercial Zone Standards and Functional Families)shall not apply to the
review of SES SUP applications.
(c) Review Criteria.To approve a SES SUP,the Zoning Board of Adjustment must find that the
proposal conforms to all of the following five criteria(i-v)and either vi OR vii:
(i) The system will be harmonious with the character of the neighboring properties as
they exist on the date of approval,which is defined as properties within 200 feet of the system property.
(ii) Access to open space (air and light) from the neighboring properties is not
significantly reduced.
(iii) If in a historic district, a Certificate of Appropriateness has been granted by the
Historic Preservation Commission.
(iv) The predominate pattern ofbuilding placement,height,orientation and scale among
the neighboring properties and general area beyond the neighboring properties will not be negatively impacted or altered
by the system.
(v) The system conforms with all other city,state and federal regulations.
AND EITHER
(vi) Unique topography,vegetation or lot conditions exist which help to shield the system
from the view of neighboring properties and from the street.
OR
(vii) Placement of the principal building allows the system to be located and operated in
a way that helps to shield the system from the view of neighboring properties and from the street.
(d) Review and Approval. The Zoning Board of Adjustment can request additional information
if insufficient information is presented to determine conformance with the criteria. If approved,the SES SUP can be
revoked after a public hearing, if there is evidence that the system does not comply with the provisions of the Special
Use Permit. The Board may impose conditions as it deems necessary for the general welfare of the public and for
ensuring that the intent and objectives of this Ordinance will be observed. The application shall include the same
information required for a SES ZP,and shall also include statements addressing how the application meets the criteria
of subsection C above.
When a Solar Energy System Special Use Permit is approved,it shall constitute the equivalent of
the Solar Energy System Zoning Permit.
(13) Site Development Plan Exemption. A Freestanding Solar Energy System is exempt from Site
Development Plan requirements if the surface area of the system is less than 150 square feet as measured in this Section.
(14) Exception Provisions Not Applicable. An Exception for a Minor Area Modification, as defined in
Section 29.1506 shall not be allowed or applicable to Solar Energy Systems.
(15) Interconnection: Interconnected Solar Energy Systems are allowed subject to the standards in this
section. Evidence of a signed interconnection agreement with the applicable electric utility shall be submitted to the
Department of Planning & Housing prior to approval of any interconnected solar energy system. The applicant is
encouraged to work with the applicable utility before purchasing equipment. The maximum allowable rated capacity
of an Interconnected Solar Energy System is 10 kW, or 10,000 Watts unless evidence from the applicable utility has
demonstrated that safe interconnection can be achieved and the need is for on-site usage for the principal use of the
property. Any system over 100 kW is not allowed.
(16) Abandonment: System use shall be determined abandoned under the provisions of Section 29.307,
which requires notice by the Zoning Enforcement Officer to the property owner. The system shall be removed within
90 days of the termination date,at the cost of the property owner.
(17) Signage:Any signs on the system shall be limited to one square foot.
(18) Commercial systems:A Commercial Solar Energy System is not allowed in the City of Ames.
(19) Appearance.The property owner of any solar energy system shall maintain such system in a safe and
attractive manner,including replacement of defective parts,painting,cleaning,and other acts that may be required for
the maintenance and upkeep of the function and appearance of such a system. The owner shall also maintain the ground
upon which the system is located in an orderly manner, such that is free of debris, tall grass and weeds, and any
associated structures remain quality in appearance.
(20) Underground Wire Requirement.Wires shall be underground or otherwise concealed,to the greatest
extent possible,where crossing open areas.
(21) Industry standard:Before any Solar Energy System zoning permit is issued for a Solar Energy System,
evidence shall be shown that the system and parts meet industry standards,such as Underwriters Laboratories(UL),or
another standard applicable to the technology and materials of the system."
Section Five. All ordinances,or parts of ordinances,in conflict herewith are hereby repealed to the extent of
such conflict,if any.
Section Six. This ordinance shall be in full force and effect from and after its passage and publication as
required by law.
Passed this 101h day of November , 2009 .
Diane R.Voss,City Clerk Ann H.Campbell,Mayor