HomeMy WebLinkAboutA005 - Council Action Form dated November 10, 2015 ITEM # 26
DATE 11-10-15
COUNCIL ACTION FORM
SUBJECT: ZONING TEXT AMENDMENTS RELATING TO SOLAR ENERGY
SYSTEMS
BACKGROUND:
In November, 2009, the City of Ames adopted an ordinance allowing for and regulating
solar energy systems. This ordinance allowed for placement of solar panels in
residential and non-residential zoning districts, either attached to existing structures or
as free-standing structures. The City was a ground breaker at that time in creating this
ordinance, modeling it on very few examples that were found nationwide and on our
own expectations of what would suit Ames. The full ordinance may be found in Chapter
29 Article 13 Section 29.1309 of Municipal Code at this link.
The ordinance allows for staff approval of most solar energy system (SES) installations,
but requires approval from the Zoning Board of Adjustment in certain instances when a
higher degree of review is necessary to ensure compatibility. The ordinance considers
such systems as accessory to the principal use of a lot. The ordinance allows for a SES
to be placed on roof tops or on the ground with small accessory support structures.
Typically, the systems must comply with zoning standards e.g. height, setbacks, yard
areas as well as the SES specific standards of Section 29.1309. To date, a total of 8
systems have been approved, of which 6 were residential applications, one was a
commercial application, and one was placed on a religious institution. All were approved
by staff.
Now that the ordinance has been in effect for a number of years, staff is proposing a
few tweaks to address customer interests. These tweaks reflect how the ordinance has
worked (and not worked) on projects that have already been brought forward and
approved. These amendments are also meant to address larger projects (greater than
100 kW) that have been proposed but not yet approved.
In broad terms, the proposed amendments do three things:
1. Increase the non-residential freestanding SES size limitation and the height limits
from 4 and 6 feet to 20 feet if placed over a parking area
2. Allow a projection above the height limits for attached systems in residential and
non-residential zoning districts.
3. Remove the 10 kW and 100 kW limits on interconnect agreements with the local
utility.
The draft language for the amendment is included in Attachment A.
In the first amendment, staff believes an amendment to the free-standing
requirements should be made to accommodate the potential use of solar panel
arrays to cover parking lots rather than limit their installation to landscaped
areas. The proposed amendment raises the maximum heights for free-standing SES in
non-residential zoning districts to twenty feet if placed over parking areas. The system is
subject to the setback standards of the zoning district (e.g., 20' front and 5' side for
HOC; 50' from a street and 20' side for PI). Staff would note that even with this
increased height allowance, it does not displace landscaping requirements for parking
lots. The SES will need to be sited in a manner that meets landscape standards and
solar exposure needs. The maximum coverage is raised to equal the total footprint of a
lot. If not over a parking lot, the height and setback limits remain the same as in
residential zones.
The second amendment addresses limits on heights when placed on the roof of a
structure. Current regulations describe the maximum SES size and height regulations
for all systems placed upon a roof, but does not allow for projections above the
maximum height of the zoning district. In residential zoning districts, the principal
structure sometimes is at or near the maximum height limit allowed in that district. A
change is proposed to allow an increase of up to a half-foot (for staff approval) and five
feet (for board approval). This residential allowance matches the system size and height
standards that are already in place for a system that is below the height limit of the
zoning district. See Section 29.1309 (4) for current SES size limits.
In non-residential districts the situation of reaching a height limit is more likely to occur
due to the greater likelihood of a flat roof being constructed to more fully utilize the
height allowance of the zoning district than a pitched roof. The zones this is most likely
to occur are in the commercial zones with a 35 foot height limit and in HOC zoning with
the new mixed use buildings. The proposed amendment creates an option for staff
approval of up to a ten foot encroachment above the height limit. A 10-foot allowance
matches the allowed projections for other types of architectural features.
The third change addresses the maximum rated capacity of any system as 10kW.
If proven safe to the satisfaction of the Ames Electric Services, a system of up to
100kW would be allowed. In consultation with the Electric Department, staff is
proposing to remove these limits as they are better addressed through the interconnect
agreement between the applicant and the utility. The functional limitation of the systems
will then be through the sizing standards of the system and interconnect agreements.
Concurrent amendments for interconnect agreements are being brought forward to the
City Council by Ames Electric. Because the interconnect agreement with the Electric
Department requires more extensive review than the zoning permit, staff requires that
the interconnect agreement be approved prior to installation, rather than prior to zoning
approval.
The proposed language changes can be found in Attachment A.
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ALTERNATIVES:
1. The City Council can adopt the three proposed amendments regarding solar energy
systems.
2. The City Council can adopt any combination of the three proposed amendments
regarding solar energy systems.
3. The City Council can decline to adopt the proposed amendments regarding solar
energy systems.
The Planning and Zoning Commission reviewed the proposed text amendment at its
November 4, 2015 meeting. The Commission recommended the Council adopt the
proposed text amendment on a 7-0 vote.
CITY MANAGER'S RECOMMENDED ACTION:
The proposed amendments for solar energy systems are an attempt to address minor
issues that staff has experienced in the six years of implementation. These three
amendments will likely not open up a flood of new applications for solar energy (new
solar panels are driven more by tax credit policy, utility incentives, and site feasibility
than by zoning limits). However, for those solar applications that make sense, these
tweaks can make installation more viable in some instances. The proposed changes
help to promote the installation of new SES without undermining compatibility
with the surroundings.
Therefore, it is the recommendation of the City Manager that the City Council act
in accordance with Alternative #1, thereby adopting the proposed amendments.
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ATTACHMENT A: PROPOSED AMENDMENTS
New language is in bold; deleted language is strike 4ffeugh.
Section 29.1309 (3).
(c) Height. Six (6) feet in height maximum in side and rear yards. Four (4) feet in height
maximum in front yards. There is an exception for systems in non-residential zoning
districts, a SES may be twenty (20) feet in height and subject to setbacks if placed
over a parking area. Otherwise, height and setback limits are the same as in
residential zoning districts. 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( 2)of the
footprint of the principal building served.
Section 29.1309 (4).
(e) Systems shall not exceed the maximum height in the zone, for the structure to which it
is attached except for projections allowed in (g) below.
(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.
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Section 29.1309 (5)
(b) For roof mounting, no part of the system shall project more than ten (10) feet from the
roof.
(c)No part of the 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 of the system shall exceed the maximum height permitted in the zone, for the
structure to which it is attached except for the projections allowed in (b) and (c) above.
Section 29.1309 (15)
(15) Interconnection: Interconnected Solar Energy Systems are allowed subject to the standards
in this section. Evidenee of a signed inter-eonneetion agreement with the applieable eleetr-ie utility
shall be submit4ed to the Depaftment ef Planning & Heusi ppr-eval of any
ii4e.,.,,,,,ieete,a s laf ener- y system. The applicant is encouraged to work with the applicable
utility before purchasing equipment. The mffliimum allowable rated eapacity of a
applieable tAility has demonstrated that safe intereanneetion ean be aehieved and the need is fo
on ste usage for-the prineipal use of the propet4y. Any system over- 100 PAI is not allowed.
ii4efeenneeted Solar Ener-gy System is 10 kW, or 10,000 Watts unless evideflee ffem the