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Boonville City Zoning Code

PART 16

- SOLAR PHOTOVOLTAIC SYSTEMS REGULATIONS

Section 16.1.- Purpose.

The purposes of these regulations regarding solar photovoltaic (also known as S/P or PV) systems are:

(1)

To provide a multidisciplinary approach to evaluating this new technology in a wide variety of applications in order to protect the safety, health and general welfare of the public;

(2)

To set forth the permit requirements for installation; and

(3)

To assure proper handling of various grades of panels at the end of the panel life.

(Ord. No. 4349, § 1, 7-21-14)

Section 16.2. - Application.

These regulations will be applied by the building inspector on any single building system and large commercial panel system that converts solar energy into electrical energy suitable for connection to a utilization load.

(Ord. No. 4349, § 1, 7-21-14)

Section 16.3. - Exemptions.

Pathway lighting and small solar powered units used to power signs, warning devices or other items not in, on or around a structure are exempt from a building permit.

(Ord. No. 4349, § 1, 7-21-14)

Section 16.4. - Building permit requirements.

A building permit application shall be submitted prior to installation of any solar photovoltaic system or component. The building permit fees under subsection 5-4(a) or (b) of the Code shall apply to this installation depending on whether this is new construction or remodeling.

(Ord. No. 4349, § 1, 7-21-14)

Section 16.5. - Standard code regulations.

(a)

Electrical regulations. The most current National Electric Code adopted by the city shall apply. At the current time, the 2005 Edition of the NEC is used with applicable sections including but not limited to article 690.

(b)

Structural load regulations. The most recent International Building Code adopted by the city shall apply. At the current time, the 2006 Building Code is used with applicable sections including but not limited to chapter 16, structural design.

(c)

Mechanical regulations. The most recent International Mechanical Code adopted by the city shall apply. At the current time, the 2006 Mechanical Code is used with applicable sections including but not limited to chapter 14, solar systems.

(d)

Plumbing regulations. The most recent International Plumbing Code adopted by the city shall apply. At the current time, the 2006 Plumbing Code is used with applicable sections including but not limited to section 612, solar systems.

(e)

Fire safety regulations. The developer and/or installer will be required, prior to issuance of the building permit, to review with the fire chief the PV system, including battery back-up or storage options, to be installed for any and all fire safety issues. The fire chief will issue any recommendations to the building inspector to improve the fire safety of the particular installation for the installers, owners and occupants as well as emergency responders, including posting/publishing of system schematics for future reference. The fire chief will issue a recommendation as to the location(s) of S/P signage on the exterior and/or interior of the building or structure to alert emergency responders of the existence of a solar photovoltaic system. This signage must be installed prior to the issuance of an occupancy permit or completion of the remodeling project or installation.

(Ord. No. 4349, § 1, 7-21-14)

Section 16.6. - Location and placement regulations.

(1)

PV systems, whether roof mounted or free standing on a platform, are included under the definition of a structure in appendix C, section 1.1(ba):

Structure means anything constructed or erected, which requires location on the ground, or attached to something having a location on the ground, including but not limited to advertising signs, billboards and poster panels but exclusive of customary fences or boundary or retaining walls of four feet or less in height.

(2)

PV systems, whether roof mounted or free standing on a platform, are included under the definition of an accessory use in appendix C, section 1.1 (b):

Accessory use means a use subordinate to and incidental to the primary actual use of the main building or to the primary actual use of the premises.

(3)

Roof mounted PV systems shall be permitted in all zoning districts as an accessory use under appendix C, section 7.2.

(4)

Free standing PV systems, including those on a stand-alone platform, shall not be permitted in an R-1, R-2 or R-3 zoning district or in any residential subdivision or residential infill block. Free standing PV systems (not falling within the section below addressing commercial solar farms) located within an R-A, C-1, C-2, C-P or M-1 shall be located and secured in such a way that unauthorized persons do not have access to the system or structures supporting the system.

(5)

Roof mounted PV systems shall be exempt from screening under the corridor standards of appendix C, section 2.95. Free standing PV systems on a platform in a corridor property shall be reviewed under the standards of appendix C, section 2.95 (6):

All electrical and mechanical equipment located adjacent to the building and visible from any adjacent applicable public thoroughfare or residentially-zoned area shall be screened from view (100 percent capacity), up to a maximum of 300 feet away. Such screens and enclosures shall be treated as integral elements of the building's appearance.

(6)

PV systems located in the Boonville historic district shall only be submitted to the building inspector for a building permit following approval of the design by the Boonville historic preservation advisory commission pursuant to section 17-63 of the Code.

(Ord. No. 4349, § 1, 7-21-14)

Section 16.7. - Repair, replacement and/or disposal of broken, defective or decommissioned systems.

Prior to the issuance of the building permit for a S/P or PV system, the owner or installer shall provide a statement that the solar panels contain no hazardous materials and all materials can be handled as other building materials through the city's transfer station when the time comes for replacement or disposal. If there are hazardous materials in the system or the system has special handling requirements that will need to be followed in the event of an emergency or disposal, a plan must be approved and recorded with the city as in the commercial applications section below. In the event a system is abandoned, not maintained or otherwise becomes a nuisance, the city shall prosecute and abate the nuisance pursuant to the nuisance codes under chapter 13, sections 2 and 4.

(Ord. No. 4349, § 1, 7-21-14)

Section 16.8. - Commercial systems or solar farms.

Any solar photovoltaic system with the primary intent, design and/or structural ability of collecting solar energy, selling electricity or storing energy including battery banks on a commercial basis shall be conducted only in an R-A, C-2 or M-l zoning district and require an approved site plan under appendix C, sections 2.95 through 2.98, emergency response plan as defined in the International Fire Code and disposal plan as defined by the manufacturer, industry and state/federal standards with appropriate guarantees and/or development agreements depending on size of facility and type of materials used.

(Ord. No. 4349, § 1, 7-21-14)