HomeMy WebLinkAbout2018-04-16-Ordinance 2882_Solar Energy System RegulationsORDINANCE NO.2882
AN ORDINANCE TO AMEND CHAPTER 300,ZONING ORDINANCE,CITY OF
WAUKKK,IOWA,BY AMENDING SECTION 301.8 TO ADD PROVISIONS
REGULATING SOLAR ENERGY SYSTEMS
BE IT ORDAINED by the City Council of the City of Waukee:
Section 1.Chapter 300,Waukee Municipal Code,Zoning Ordinance of the City of
Waukee,Iowa,Section 301.8,General Regulations,is hereby amended by inserting the
following as Section 301.8(Q):
O.Solar Energy Systems.
1.Purpose.The purpose of this section is to balance the need for
clean,renewable energy resources and the necessity to protect the
public health,safety and welfare of the community.The city finds
these regulations are necessary to ensure that solar energy systems
are appropriately designed,sited and installed.
2.Definitions.
A.Collector Panel:An equipment assembly used for gathering,
concentrating or absorbing solar energy as useful thermal
energy or to generate electric energy.
B.Height,Total Building Mounted System:The height above
the roof surface measured perpendicular to the roof specific to
the installation on a sloped roof or the height above the roof
surface specific to the installation on a flat roof.
C.Height,Total Ground Mounted System:The height above
grade of the system from the highest point,including the
supporting structure,related equipment and the collector
panels.Adjustable angle systems will be measured from the
highest point when the system is at its maximum vertical
extension.
D.Large Solar Energy System (LSES):A solar energy system
which has a nameplate rated capacity of over fifteen (15)
kilowatts in electrical energy or fifty (50)KBTU of thermal
energy for nonsingle-family residential uses and dish'icts and
which is incidental and subordinate to a principal use on the
same parcel.A system is considered an LSES only if it supplies
electrical power or thermal energy solely for use by the owner
on the site,except that when a parcel on which the system is
installed also receives electrical power supplied by a utility
company,excess electrical power generated and not presently
needed by the owner for on site use may be used by the utility
company in accordance with section 199,chapter 15.11(5)of
the Iowa administrative code,as amended from time to time.
E.Off Grid:An electrical system that is not connected to a utility
distribution grid.
F.Small Solar Energy System (SSES):A solar energy system
which has a nameplate rated capacity of up to fifteen (15)
kilowatts in electrical energy or fifty (50)KBTU of thermal
energy for residential uses and districts and which is incidental
and subordinate to a principal use on the same parcel.A system
is considered an SSES only if it supplies electrical power or
thermal energy solely for use by the owner on the site,except
that when a parcel on which the system is installed also
receives elecnical power supplied by a utility company,excess
electrical power generated and not presently needed by the
owner for on site use may be used by the utility company in
accordance with section 199,chapter 15.11(5)of the Iowa
administrative code,as amended from time to time.
G.Solar Access:A property owner's right to have sunlight shine
on his land.
H.Solar Energy:Radiant energy received from the sun at
wavelengths suitable for heat transfer,photosynthetic use or
photovoltaic use.
Solar Energy System,Building Integrated:A solar
photovoltaic system that is constructed as an integral part of a
principal or accessory building and where the collector
component maintains a uniform profile or surface with the
building's vertical walls,window openings,and roofing.Such a
system is used in lieu of an architectural or structural
component of the building.A building integrated system may
occur within vertical facades,replacing glazing or other facade
material;into semitransparent skylight systems;into roofing
systems,replacing traditional roofing materials;or other
building or structure envelope systems.To be considered a
building integrated solar energy system,the appearance of the
collector components must be consistent with the surrounding
materials.
Solar Energy System,Building Mounted:A solar energy
system which is securely fastened to any portion of a building
roof,whether attached directly to the principal or accessory
building.
K.Solar Energy System,Ground Mounted:A solar energy
system which is not located on a building and is ground
mounted.
L.Solar Energy System (SES):An aggregation of parts
including the base,supporting structure,photovoltaic or solar
thermal panels,inverters and accessory equipment such as
utility interconnect and battery banks,etc.,in such
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configuration as necessary to convert radiant energy from the
sun into mechanical or elecn ical energy.
M.Utility Scale Solar Energy System:A solar energy system
which supplies electrical power or thermal energy solely for
use by off site consumers.
3.General Regulations.A solar energy system (SES)shall only be
allowed as an accessory use to a permitted principal use as follows:
A.A building integrated system.
B.A building mounted system attached to the roof of an accessory
or primary structure.
C.A ground mounted system as a detached accessory structure to
a primary structure shall only be allowed on property zoned
commercial or industrial with a minimum lot size of two (2)
acres.
D.Large solar energy systems (LSES)shall only be allowed on
property zoned industrial.
E.Utility scale solar energy systems are not allowed.
4.Permit Required:It shall be unlawful to construct,erect,install,
alter or locate any solar energy system (SES)within the city of
Waukee,unless approved with:
A.Building permit in A-l,R-I and R-2 zoning districts.
B.Site plan,major or minor modification to a site plan permit for
all other zoning districts.
C.The owner/operator of the SES must also obtain any other
permits required by other federal,state and local
agencies/departments prior to erecting the system.
5.Installation:Installation must be done according to manufacturer's
recommendations.All work must be completed according to the
applicable building,fire and elecuic codes.All electrical
components must meet code recognized test standards.
6.Engineer Certification:Applications for any SES shall be
accompanied by standard drawings of the receiving structure if
newly constructed,including the supporting frame and footings.For
systems to be mounted on existing buildings,an engineering analysis
showing sufficient structural capacity of the receiving structure to
support the SES per the applicable code regulations,certified by an
Iowa licensed professional engineer shall be submitted.
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7.Color:The SES shall be a neutral color.All surfaces shall be
nonreflective to minimize glare that could affect adjacent or nearby
properties.Measures to minimize nuisance glare may be required
including modifying the surface material,placement or orientation of
the system,and if necessary,adding screening to block glare.
8.Lighting:No lighting other than required safety lights or indicators
shall be installed on the SES.
9.Signage:No advertising or signage other than required safety
signage and equipment labels shall be permitted on the SES.
10.Maintenance:Facilities shall be well maintained in an operational
condition that poses no potential safety hazard.Should the SES fall
into disrepair and be in such dilapidated condition that it poses a
safety hazard or would be considered generally offensive to the
senses of the general public,the SES may be deemed a public
nuisance and may be abated in accordance with chapter
401 "Property Maintenance",of this code.
11.Displacement of Parking Prohibited:The location of the SES shall
not result in the net loss of required parking as specified in section
301.27 of this title.
12.Utility Notification:No SES that generates elecnicity shall be
installed until evidence has been given that the utility company has
been informed of and is in agreement with the customer's intent to
install an interconnected customer owned generator.Off grid
systems shall be exempt from this requirement.
13.Interconnection:The SES,if interconnected to a utility system,
shall meet the requirements for interconnection and operation as set
forth by the utility and the Iowa utilities board.
14.Restriction On Use Of Energy Generated:An SES shall be used
exclusively to supply electrical power or thermal energy for on site
consumption,except that excess electrical power generated by the
SES and not presently needed for on site use may be used by the
utility company in accordance with section 199,chapter 15.11(5)of
the Iowa administrative code.
15.Shutoff:A clearly marked and easily accessible shutoff for any SES
that generates electricity vill be required as determined by the fire
department.
16.Electromagnetic Interference:All SESs shall be designed and
constructed so as not to cause radio and television interference.If it
is determined that the SES is causing electromagnetic interference,
the operator shall take the necessary corrective action to eliminate
this interference including relocation or removal of the facilities,
subject to the approval of the appropriate city authority.A permit
granting an SES may be revoked if electromagnetic interference
from the SES becomes evident.
17.Solar Access Easements:The enactment of this section does not
constitute the granting of an easement by the city.The
owner/operator may need to acquire covenants,easements,or similar
documentation to assure sufficient solar exposure to operate the SES
unless adequate accessibility to the sun is provided by the site.Such
covenants,easements,or similar documentation is the sole
responsibility of the owner/operator.Should the owner/operator
pursue a solar access easement,the extent of the solar access should
be defined and the easement document executed in compliance with
the regulations contained in chapter 564A (access to solar energy)of
the Iowa Code.
18.Compliance With National Electric Code:Applications for SESs
shall be accompanied by a line drawing of the electrical components
in sufficient detail to allow for a determination that the manner of
installation conforms to the national electrical code.
19.Removal:If the SES remains nonfunctional or inoperative for a
continuous period of one year,the system shall be deemed to be
abandoned.The owner/operator shall remove the abandoned system
at their expense.Removal of the system includes the entire structure,
collector panels and related equipment from the property excluding
foundations.Should the owner/operator fail to remove the system,
the SES will be considered a public nuisance and will be abated in
accordance with chapter 401 "Property Maintenance",of this code.
20.Screening:SESs that are visible from the public thoroughfare or
adjacent properties will require screening in accordance to
regulations for screening of mechanical units noted in chapter 304,
"Site and Building Development Standards"of this code.The need
for and type of screening to be used shall be identified as part of the
building permit,major or minor modification to a site plan or site
plan permit submittal.
21.Nonconforming Systems:An SES that has been installed on or
before the effective date of this section and is in active use and does
not comply with any or all of the provisions of this section shall be
considered a legal nonconforming structure and will be regulated by
the provisions noted in section 301.07 "Nonconforming Use",of this
title.
22.Unsafe Condition:Nothing in this section shall be deemed to
prevent the strengthening or restoring to a safe condition any SES or
associated building or structure,or part thereof declared to be unsafe
by the appropriate authority.
23.Bulk Regulations:
A.Location:
1.Ground
i.N
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Mounted SES:
o part of an SES shall be located within or
over drainage,utility or other established
easements,or on or over property lines.
The SES shall be located in accordance to the
regulations for detached accessory structures in
this chapter or not less than one foot (1')from
the property line for every one foot (1')of the
system height measured at its maximum height,
whichever is most restrictive.
An LSES cannot be located in the front yard
setback.
An SES shall not be located in any required
buffer.
The setback from underground electric
distribution lines shall be at least five feet (5').
No SES shall be located which may obstruct
vision between a height of thirty inches (30")
and ten feet (10')on any corner lot within a
vision niangle of twenty five feet (25')formed
by intersecting street right of way lines.
2.Building mounted SES
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The solar energy system shall be set back not
less than one foot (1')from the exterior
perimeter of the roof for every one foot (1')the
system extends above the parapet wall or roof
surface.
Should the solar energy system be mounted on
an existing structure that does not conform to
current setback requirements,the solar energy
system shall be installed to meet the current
setback requirements applicable to the receiving
structure.
Shall be designed to minimize their visual
presence to surrounding properties and public
thoroughfares.Panel arrangement shall take in
account the proportion of the roof surface and
place the panels in a consistent manner without
gaps unless necessary to accommodate vents,
skylights or equipment.
iv.Access pathways for the SES shall be provided
in accordance to all applicable building,fire and
safety codes.
v.Shall be located in such a manner that fall
protection railings are not required or are not
visible from the public thoroughfare.
3.Building integrated SES:
i.No setback required.
ii.Access pathways for the SES shall be provided
in accordance to all applicable building,fire and
safety codes.
iii.Shall be located in such a manner that fall
protection railings are not required or are not
visible from the public thoroughfare.
4.No SES shall be constructed within twenty feet (20')
laterally of an overhead electrical power line (excluding
secondary electrical service lines or service drops).
B.Height:
1.Ground Mounted SES:
i.The maximum height of the SES shall not
exceed twenty feet (20')in height as measured
from existing grade.
2.Building mounted SES:
i.The collector panel surface and mounting
system shall not extend higher than eighteen
inches (18")above the roof surface of a sloped
roof.
ii.The collector panel surface and mounting
system shall not extend higher than seven feet
(7)above the roof surface of a flat roof.
3.Building integrated SES:
i.The collector panel shall maintain a uniform
profile or surface with the building's vertical
walls,window openings,and roofing.
C.Size:
1.Size of the SES is calculated by measuring the total
surface area of the collector panels for the system.
2.Ground mounted SES:
i.The SES is restricted in size to no more than
fifty percent (50%)of the area of the primary
structure(s)footprint.
ii.The maximum length of an individual ground
mounted SES shall be restricted to one hundred
twenty five feet (125').
3.Building mounted SES:System size will be determined
by the available roof area subject to the installation
minus the required setbacks or access pathways.
4.Building integrated SES:System size will be
determined by the available building surface area
subject to the installation minus the required access
pathways.
5.In no case shall an SSES exceed the nameplate rated
capacity of fifteen (15)kilowatts or fifty (50)KBTU.
24.Application Required:Application for an SES shall be made on
forms provided by the city of Waukee.No action may be taken
regarding requests for SESs until completed applications have been
filed and fees paid.
Section 2.Re ealer.All ordinances or parts of ordinances in conflict with the
provisions of this ordinance are hereby repealed.
Section 3.Severabili Clause.If any section,provision or part of this ordinance shall
be adjudged invalid or unconstitutional,such adjudication shall not affect the validity of the
ordinance as a whole or any section,provisions or part thereof not adjudged invalid or
unconstitutional.
Section 4.Effective Date.This ordinance shall be in effect from and after its final
passage,approval and publication as provided by law.
Passed by the Council the 16'"day of April,2018,and approved this 16'"day o pril,2018
illiam F.Peard,Mayor
Attest:
Rebecca D.Schuett,City Clerk