HomeMy WebLinkAboutA001 - Council Action Form dated March 14, 2023 ITEM #: 36
DATE: 03-14-23
DEPT: P&H
COUNCIL ACTION FORM
SUBJECT: TEXT AMENDMENT TO STANDARDS FOR ROOF-MOUNTED SOLAR
ENERGY SYSTEMS IN ALL ZONING DISTRICTS
BACKGROUND:
The City Council received a request in fall 2022 to consider removing zoning permitting
requirements and standards relating to residential solar energy system installations. On
November 22, 2022, City Council reviewed the current requirements and permitting
process and directed staff to initiate a text amendment to remove zoning requirements
related to rooftop solar energy systems for all uses.
The proposed Zoning Ordinance changes do not alter the requirements that roof-
mounted systems comply with building and electrical codes or electric service
provider requirements. Only roof-mounted systems are addressed by this
proposed text amendment; freestanding and wall-mounted facilities are not
affected.
The current regulations for solar energy systems (Attachment A) were added to the
Zoning Ordinance in 2009 and were most recently updated in 2017. The regulations
pertain to solar panels on both residential and non-residential properties and address
free-standing, wall-mounted, and roof-mounted installations. Roof-mounted panels are by
far the most common choice.
The current process for approval of solar energy system includes coordination between
multiple departments. To construct or place a system, a property owner must obtain the
following approvals in sequence:
ORDER NEEDED APPROVAL RESPONSIBLE ENTITY
1 Interconnection Permit Ames Electric or Other Provider
2 Solar Energy System Zoning Permit Planning & Housing Department
3 Building Permit Inspections Division
4 Electrical Permit Inspections Division
Internal coordination of permitting was updated administratively in 2018 as part of the
SolSmart process. It should be noted that due to the presence of multiple electric
providers in the City, not all permits involve Ames Electric with the review. Since the
beginning of 2018, 56 Solar Energy System Zoning Permits (SESZPs) have been
approved by the Planning Division. In 2022, 21 permits were approved.
1
Solar Energy System Zoning Permit— by Application Submittal Year
(These number do not include large, commercial arrays such as the one on Airport Road.)
Year Residential Multifamily Commercial Total
2018 2 0 1 3
2019 5 0 1 6
2020 6 0 1 7
2021 15 0 1 16
2022 21 0 0 21
2023 to date 3* 0 0 3
Total 52 0 4 56
* One additional residential SESZP has been submitted at the time of this
report but has not yet been approved. This permit is excluded from the table.
PROPOSED ORDINANCE:
The proposed ordinance removes several regulations for roof-mounted solar
panels and eliminates the requirement to have a Solar Energy System Zoning
Permit. These changes relate to Section 29.1309 (4) and (5) in the existing Zoning
Ordinance. As a result of the changes, the standards have also been reorganized for
clarity. A summary of the key changes is below:
1. Remove roof top solar energy system height limitations and requirements that the
equipment be flush with the roof.
2. Eliminate the Special Use Permit process for approval of systems that are not flush
mounted, including the maximum height projection of 5 feet.
3. Eliminate the need for a Solar Energy System Zoning Permit for roof-mounted
systems (all other permits are still required).
4. Allow for roof top systems regardless of the nonconforming status of a residential
use or structure.
5. Reorganize some of the information for clarity by location type on the site as
opposed to use.
6. Modify formatting, such as creating subsections for blocks of text with multiple
regulations.
It should be noted that the proposed changes do not modify requirements in
Chapter 31 for historic properties. Approval of alterations will still apply for
properties affected by this Chapter of Municipal Code.
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PLANNING AND ZONING COMMISSION RECOMMENDATION:
The Planning and Zoning Commission met on February 1, 2023, to consider the proposed
text amendment. The Commissioners discussed the merits of removing the height
limitations, the flush-mounting requirement, the Special Use Permit, and the Zoning
Permit. Commissioners disagreed regarding the correct approach and there were
discussions about what could be attached to roof that is out of character for a
neighborhood.
Some Commissioners believed the current rules and process were reasonable and
should remain. Other Commissioners considered the special use permit process to be
burdensome and felt that changes to the standards would be acceptable. Multiple motions
were made, which did not receive a majority of votes for approval. Ultimately, the
Commission voted 6-0-0 to recommend that the City Council amend ONLY the
Solar Energy System regulations in accordance with items 4, 5, and 6 in the
Summary of Changes (above). The Commission made no recommendation
regarding the other changes proposed by staff.
The text amendment recommended by the Commission makes minor changes to
the roof top solar regulations: 1) allowing installations on nonconforming
structures and 2) reorganizing the regulations for clarity. The Commission's
recommendation does not materially alter the permitting process or the allowance
for rooftop installations. As an alternative to the staff-proposed ordinance, Attachment
C contains the amended text as proposed by the Planning and Zoning Commission.
ALTERNATIVES:
1. Approve on first reading a text amendment regarding Solar Energy System
regulations to eliminate roof top standards and permitting process as presented in
Attachment B (original staff proposal).
2. Approve on first reading a text amendment regarding Solar Energy System
regulations as presented in Attachment C (Planning and Zoning Commission
proposal).
3. Direct staff to prepare modifications to the proposed text amendment that modify
the roof height standards, special use permit process, or other standard and
return for Council consideration at a later date.
4. Do not approve the proposed text amendment.
CITY MANAGER'S RECOMMENDED ACTION:
Many community members and the City Council desire to see more solar panels installed
in the community to support sustainability goals. In Ames, mounting the panels on the
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roofs of homes is by far the most common way to site them. Since the adoption of the
original standards, solar panel placement has become more common.
The current City code for Solar Energy Systems (solar panels) has few regulations for
roof-mounted systems and no fee is required to obtain the zoning permit. The current
regulations require that the panels are parallel to the slope of the roof and that the panels
be no further than six (6) inches from the roof. Any deviation from the code requires a
Special Use Permit. Eliminating these requirements will make installing roof-
mounted solar panels simpler within Ames and hopefully will encourage property
owners to invest in them.
Staff does not believe there is likely any impact to community character between having
the current standards and process compared to removing the roof top standards. The
most common installation type is consistent with the intent of the current "flush" mounted
standard and staff does not anticipate a change in style of installations with the change
of rules. Therefore, it is the recommendation of the City Manager that the City Council
approve Alternative #1.
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Attachment A
Current Zoning Code Requirements for Solar Energy Systems
Sec. 29.1309 SOLAR ENERGY SYSTEMS (SES).
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) subject to approval of a Solar Energy System Special Use Permit by the
Zoning Board of Adjustment, except as noted in(d),below.
(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 in Zoning Districts other than General Industrial: 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) Height in General Industrial zones: Twenty(20) feet in height maximum in front yard
provided the front setback of the zoning district is met. Twenty (20) feet in height
maximum in side and rear yards provided the required side and rear setbacks (Section
3(a)(ii), above) are met. The height shall be measured from the grade at system base
to the highest peak, including the highest position of any adjustable system.
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(e) Height in Non-Residential zones if placed over a parking area: Twenty (20) feet in
height provided the required setbacks of the zoning district are met.
(f) 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 the footprint of the
Principal building served. Within the General Industrial zone: the footprint of
systems may exceed the footprint of the principal building subject to meeting all
other development standards.
(iii) Lot Coverage. Freestanding systems shall be included in the maximum lot
coverage except that up to 40 square feet is allowed regardless of total lot
coverage.
(iv) Measurement of the system shall be based upon the area of the solar receiving
panel, regardless of the adjustment angle of the panel.
(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 of the 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 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.
(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.
(j) There is no surface area size limitation on attached systems,unless otherwise required
by a Solar Energy System Special Use Permit.
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(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 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.
(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
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(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 of building 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.
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(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. The applicant is encouraged to work with the applicable utility before
purchasing equipment.
(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.
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Attachment B
Proposed Zoning Code Requirements for Solar Energy Systems
(Staff Recommendation)
Sec. 29.1309 SOLAR ENERGY SYSTEMS (SES).
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.
(c) Properties within a Historic District Overlay or a Landmark as identified with Chapter
31,may have additional Certificate of Appropriateness requirements as defined within
Chapter 31.
(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) subject to approval of a Solar Energy System Special Use Permit by the
Zoning Board of Adjustment, except as noted in(d), below.
(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 in Zoning Districts other than General Industrial:
(i) Six (6) feet in height maximum in side and rear yards.
(ii) Four(4) feet in height maximum in front yards.
(iii) The height shall be measured from the grade at system base to the highest peak,
including the highest position of any adjustable system.
10
(d) Height in the General Industrial zones Zoning District:
(i) Twenty(20) feet in height maximum in front yard provided the front setback of
the zoning district is met.
(ii) Twenty(20)feet in height maximum in side and rear yards provided the required
side and rear setbacks (Section 3(a)(ii), above) are met.
(iii) The height shall be measured from the grade at system base to the highest peak,
including the highest position of any adjustable system.
(e) Height in Non-Residential zones if placed over a parking area: Twenty (20) feet in
height provided the required setbacks of the zoning district are met.
(f) 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.
(a) Systems shall not exceed the footprint of the Principal building served.
(b) Within the General Industrial zone: the footprint of systems may exceed
the footprint of the principal building subject to meeting all other
development standards.
(iii) Lot Coverage. Freestanding systems shall be included in the maximum lot
coverage except that up to 40 square feet is allowed regardless of total lot
coverage.
(iv) Measurement of the system shall be based upon the area of the solar receiving
panel, regardless of the adjustment angle of the panel.
(4) Wall-Mounted Solar Energy Systems.
(a) Residential
(i) in the ease of wall mou-pA ng, no No part of the system shall project more than
five (5) feet from the building.
(ii) 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).
(iii) 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 into any required front
setback.
(iv) 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.
(v) Systems shall not exceed the maximum height in the zone; for the structure to
which it is attached .
(vi) The building must have a conforming principal use.
(vii) Section 29.401(5),pertaining to height exceptions for architectural features and
projections shall not apply.
(viii) Section 29.402(2), pertaining to exceptions for projections into required
setbacks shall not apply.
(ix) There is no surface area size limitation on attached systems, unless otherwise
required by a Solar Energy System Special Use Permit.
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(b) Non-Residential
(i) For wall,Y,^,,,, i -,r^No part of the system shall project more than five(5)feet
from the wall.
For- roof iiting�0��^f the zSt�n�iulr jivJcctivr�4,,i rten (rm) feet.
from the r ^4'
(ii) Setbacks.
(a) No part of the system shall extend more than 50 percent into any required
side or rear setback.
(b) No part of the system shall extend more than 20 percent into any required
front setback.
(iii) 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)
" ii above.
(iv) The building must have a conforming principal use.
(v) Section 29.401(5),pertaining to height exceptions for architectural features and
projections shall not apply.
(vi) Section 29.402(2), pertaining to exceptions for projections into required
setbacks shall not apply.
(5) Roof-Mounted Solar Energy Systems. Residential and non-residential roof mounted are
subject to the following standards.
(a) No Roof-Mounted Solar Energy System may project beyond the edge of the roof or
eaves.
(b) Roof-Mounted Solar Energy Systems are allowed on structures that project into
minimum setbacks.
provided they eenfefm to the maxitnum height standards established in the zone.
Additionally, systems shall be mounted parallel to the piteh of the roof a-Rd be a&
higher- than 6 inelies ffem the roof suffaee exeept tha4 systems not meeting the flusli
Sp l Use PeEmit, provided they do Qt pr-qjeet more than 5 feet ffom the suffaee. A system or- a peAien of a system not visible from abutting s4eet rights 0
way is exempt from the flush metttit r-equir-emei+t, but no pat4 of the system sh
pr-ejeet higher-than 5 feet ftem the roof sur-faee.
(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.
(c) Roof-Mounted Systems for all uses.
(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
12
necessary solar easement. The granting of a zoning permit or Special Use Permit by the City
does not constitute solar access rights.
exempt.(9) ffistffie Distiriets. All solar- energy systems within a hister-ie ever-lay dist-Fiet are not
pefmitted unless a Certifieate of Appr-opf!iateness has been granted by the Historic
Pr-eser-vatiea Commission pur-stiant to Chapter-3 1, Munieipal Code. None afe
(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
13
(iii) If in a historic district, a Certificate of Appropriateness has been granted by the
Historic Preservation Commission
(iv) The predominate pattern of building 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. The applicant is encouraged to work with the applicable utility before
purchasing equipment.
(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 under this Section.
(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
14
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.
standards,(21) industry standards! Before any Selar Energy Syst efrait is issued for a Solar
Energy System, evidence shall be shown that the system and parts meet industry
and materials of the system.
15
Attachment C
Proposed Zoning Code Requirements for Solar Energy Systems
(Planning and Zoning Commission Recommendation)
Sec. 29.1309 SOLAR ENERGY SYSTEMS (SES).
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.
(c) Properties within a Historic District Overlay or a Landmark as identified with Chapter
31,may have additional Certificate of Appropriateness requirements as defined within
Chapter 31.
(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) subject to approval of a Solar Energy System Special Use Permit by the
Zoning Board of Adjustment, except as noted in(d), below.
(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 in Zoning Districts other than General Industrial:
(i) Six (6) feet in height maximum in side and rear yards.
(ii) Four(4) feet in height maximum in front yards.
(iii) The height shall be measured from the grade at system base to the highest peak,
including the highest position of any adjustable system.
16
(d) Height in the General Industrial zones Zoning District:
(i) Twenty(20) feet in height maximum in front yard provided the front setback of
the zoning district is met.
(ii) Twenty(20)feet in height maximum in side and rear yards provided the required
side and rear setbacks (Section 3(a)(ii), above) are met.
(iii) The height shall be measured from the grade at system base to the highest peak,
including the highest position of any adjustable system.
(e) Height in Non-Residential zones if placed over a parking area: Twenty (20) feet in
height provided the required setbacks of the zoning district are met.
(f) 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.
(a) Systems shall not exceed the footprint of the Principal building served.
(b) Within the General Industrial zone: the footprint of systems may exceed
the footprint of the principal building subject to meeting all other
development standards.
(iii) Lot Coverage. Freestanding systems shall be included in the maximum lot
coverage except that up to 40 square feet is allowed regardless of total lot
coverage.
(iv) Measurement of the system shall be based upon the area of the solar receiving
panel, regardless of the adjustment angle of the panel.
(4) Wall-Mounted Solar Energy Systems.
(a) Residential
(i) in the ease of wall mou-pA ng, no No part of the system shall project more than
five (5) feet from the building.
(ii) 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).
(iii) 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 into any required front
setback.
(iv) 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.
(v) 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.
(vi) The building must have a conforming principal use.
(vii) Section 29.401(5),pertaining to height exceptions for architectural features and
projections shall not apply.
(viii) Section 29.402(2), pertaining to exceptions for projections into required
setbacks shall not apply.
(ix) There is no surface area size limitation on attached systems, unless otherwise
required by a Solar Energy System Special Use Permit.
17
(b) Non-Residential
(i) For wall,Y ou-P i -, io No part of the system shall project more than five(5)feet
from the wall.
(ii) Setbacks.
(a) No part of the system shall extend more than 50 percent into any required
side or rear setback.
(b) No part of the system shall extend more than 20 percent into any required
front setback.
(iii) 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 (ii)
above.
(iv) The building must have a conforming principal use.
(v) Section 29.401(5),pertaining to height exceptions for architectural features and
projections shall not apply.
(vi) Section 29.402(2), pertaining to exceptions for projections into required
setbacks shall not apply.
(5) Roof-Mounted Solar Energy Systems.
(a) Residential
(i) Systems shall not exceed the maximum height in the zone, for the structure to
which it is attached except for projections allowed in4-g)below.
(ii) The building must have a conforming principal use.
(iii) Section 29.401(5),pertaining to height exceptions for architectural features and
projections shall not apply.
(iv) Roof attached systems may be mounted on principal and accessory building
roofs provided they conform to the maximum height standards established in the
zone.
(v) Additionally Systems shall be mounted:
(a) parallel to the pitch of the roof and
(b) be no higher than 6 inches from the roof surface.
(vi) exeept that s Systems not meeting the flush mount requirement of this section
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.
(vii) 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.
(viii) Section 29.401(5),pertaining to height exceptions for architectural features and
projections shall not apply.
(ix) Section 29.402(2), pertaining to exceptions for projections into required
setbacks shall not apply.
(x) There is no surface area size limitation on attached systems, unless otherwise
required by a Solar Energy System Special Use Permit.
(b) Commercial
(i) No part of the system shall project more than ten (10) feet
from the roof.
(ii) Setbacks.
18
(a) No part of the system shall extend more than 50 percent into any required
side or rear setback.
(b) No part of the system shall extend more than 20 percent into any required
front setback.
(iii) 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 (ii)
above.
(iv) The building must have a conforming principal use.
(v) Section 29.401(5),pertaining to height exceptions for architectural features and
projections shall not apply.
(vi) Section 29.402(2), pertaining to exceptions for projections into required
setbacks shall not apply.
(c) All Roof-Mounted
(i) No Roof-Mounted Solar Energy System may project beyond the edge of the roof
or eaves.
(ii) Roof-Mounted Solar Energy ystems are allowed on structures that project into
minimum setbacks.
(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.
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
19
(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 of building 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.
20
(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. The applicant is encouraged to work with the applicable utility before
purchasing equipment.
(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 under this Section.
(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 standards! Before any Solar- Energy Systp— -Fmit is issued feF a Solar-
-Energy System, evidenee shall be shown that the systef wet industfy standafds-,
and mater-ials of the system.
21
ORDINANCE NO.
AN ORDINANCE TO AMEND THE MUNICIPAL
CODE OF THE CITY OF AMES, IOWA, BY
AMENDING SECTION 29.1309 THEREOF, FOR
THE PURPOSE OF REGULATNG SOLAR ENERGY
SYSTEMS AND ROOF-MOUNTED SOLAR PANELS
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 amending Section 29.1309 as follows:
" Sec. 29.1309 SOLAR ENERGY SYSTEMS (SES).
(2) District Classifications.
(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.
(c) Properties within a Historic District Overlay or a Landmark as identified
with Chapter 31, may have additional Certificate of Appropriateness
requirements as defined within Chapter 31.
(3) Freestanding Solar Energy Systems:
(c) Height in Zoning Districts other than General Industrial:
(i) Six (6) feet in height maximum inside and rear yards.
(ii) Four(4) feet in height maximum in front yards.
(iii) The height shall be measured from the grade at system base to the
highest peak, including the highest position of any adjustable
system.
(d) Height in the General Industrial Zoning District:
(i) Twenty (20) feet in height maximum in front yard provided the front
setback of the zoning district is met.
(ii) Twenty (20) feet in height maximum inside and rear yards provided
the required side and rear setbacks (Section 3(a)(ii), above) are met.
(iii) The height shall be measured from the grade at system base to the
highest peak, including the highest position of any adjustable
system.
(f) Freestanding System Size:
(ii) Non-Residential Properties.
(a) Systems shall not exceed the footprint of the principal building
served.
(b) Within the General Industrial zone: the footprint of systems
may exceed the footprint of the principal building subject to
meeting all other development standards.
(4) Wall-Mounted Solar Energy Systems
(a) Residential
(i) No part of the system shall project more than five (5) feet from the
building.
(ii) 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).
(iii) 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 into
any required front setback.
(iv) 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.
(v) Systems shall not exceed the maximum height in the zone, for the
structure to which it is attached.
(vi) The building must have a conforming principal use.
(vii) Section 29.401(5), pertaining to height exceptions for architectural
features and projections shall not apply.
(viii) Section 29.402(2), pertaining to exceptions for projections into
required setbacks shall not apply.
(ix) There is no surface area size limitation on attached systems, unless
otherwise required by a Solar Energy System Special Use Permit.
(b) Non-Residential
(i) No part of the system shall project more than five (5) feet from the
wall.
(ii) Setbacks
(a) No part of the system shall extend more than 50 percent into
any required side or rear setback.
(b) No part of the system shall extend more than 20 percent into
any required front setback.
(iii) 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 (ii) above.
(iv) The building must have a conforming principal use.
(v) Section 29.401(5), pertaining to height exceptions for architectural
features and projections shall not apply.
(vi) Section 29.402(2), pertaining to exceptions for projections into
required setbacks shall not apply.
(5) Roof-Mounted Solar Energy Systems. Residential and non-residential roof-
mounted systems are subject to the following standards.
(a) No Roof-Mounted Solar Energy System may project beyond the edge of the
roof or eaves.
(b) Roof-Mounted Solar Energy Systems are allowed on structures that project
into minimum setbacks.
(6) Zoning Permit-Exempt Systems. The following systems are exempt from
zoning permit requirements:
(c) Roof-Mounted Systems for all uses.
(9) Historic Districts. All solaf energy systems within a histeFie eveFlay distr4e
are not pefmitted unless a Get4ifieate of AppFopfiateness has been gFaR4ed by the
Hister-ie Pfesei=vafien Commis nt to Chapter- 3 1, Nftmieipal Code. None are
exempt
(17) Commercial systems: A Commercial Solar Energy System is not allowed in
the City of Ames under this Section.
(21) industry standar-di Before any Solar- Energy System zoning pet:fflit is issued fe
a Solar- Energy System, &videnee shall be shown tha4 the system and pat4s meet in"st+y
teehnology and ma4er-ials of the system."
Section Two. All ordinances, or parts of ordinances, in conflict herewith are
hereby repealed to the extent of such conflict, if any.
Section Three. This ordinance shall be in full force and effect from and after its
passage and publication as required by law.
Passed this day of ,
Renee Hall, City Clerk John A. Haila, Mayor