Ofallon City Zoning Code
ARTICLE XX
Renewable Energy
Section 400.900 Purpose.
[Ord. No. 7042, 8-24-2023]
The purpose of this Article 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 of O'Fallon finds these regulations are necessary to ensure that renewable energy systems are appropriately designed, sited, and installed.
Section 400.910 Definitions.
[Ord. No. 7042, 8-24-2023]
As used in this Article, the following terms shall have these prescribed meanings:
A number of solar panels or modules connected together in a single structure. One (1) installation can have more than one (1) array.
The aerodynamic surface of a wind energy system that catches the wind.
A method of overspeed control that utilizes a brake, which is applied mechanically, electrically, or hydraulically, to stop the rotor of a wind energy system in emergencies.
Photovoltaic system used to replace traditional building materials in part of a building envelope, like awnings, roofs, facades, and sunrooms. PV shingle or tiles, PV laminates, and PV glazing are all examples of BIPV.
A small wind energy system affixed to either a principal or accessory structure.
A solar energy system affixed to either a principal or accessory structure.
A freestanding small wind energy system intended primarily for aesthetics. Small yard windmills or wind systems not exceeding fifteen (15) feet in height are considered decorative wind energy systems.
A system for heating and/or cooling buildings using the earth's thermal properties in conjunction with electricity. This system may include open and closed loop systems.
A solar energy system that is not attached to another structure and is affixed to the ground.
A wind energy system tower consisting of a single pole, constructed without guyed wires and anchors.
A solar energy system that converts sunlight into electrical energy.
Geothermal or ground-source heat-pump, solar energy, and small wind energy systems used to reduce on-site energy consumption.
A solar energy system affixed to the roof of either a principal or accessory structure.
Any apparatus or equipment designed for the purpose of converting wind energy into electrical energy to reduce on-site consumption of utility power. This includes vertical-axis and horizontal-axis systems mounted on a building or a freestanding tower over fifteen (15) feet in height.
Any apparatus or equipment designed for the purpose of collecting and transforming solar energy into thermal or electricity energy. Solar energy systems may include photovoltaic or solar-thermal systems.
A solar energy system that uses sunlight to produce heat that is used for water heating or space heating or cooling.
The vertical component of a wind energy system that elevates the wind turbine generator and attached blades above the ground.
Section 400.920 General Provisions.
[Ord. No. 7042, 8-24-2023]
A.
Accessory Uses. Renewable energy systems intended primarily to offset part or all of the customer-generator's own electrical energy requirements shall be an accessory use subject to the provisions of this Article. All other renewable energy systems are considered a principal use.
B.
Lot Location. All renewable energy systems shall be located on the same lot as the principal use.
C.
Building Permit. It shall be unlawful for any renewable energy system to be constructed, erected, and/or installed without a building permit. Renewable energy systems shall comply with all applicable Building, Mechanical, Plumbing, and Electrical Codes adopted by or applicable to the City of O'Fallon. A building permit fee shall be fifty dollars ($50.00) for systems installed on residential property and one hundred dollars ($100.00) for commercial or industrial properties.
D.
Approval By Planning And Development Department. Geothermal energy systems and roof-mounted solar energy systems may be approved by the Planning and Development Department in accordance with this Article by the issuance of a building permit. Ground-mounted solar energy systems constructed or installed to serve a single-family home, mobile home, and multi-family structure containing four (4) or less dwelling units may also be approved by the Planning and Development Department.
E.
Conditional Use Permit. The issuance of a conditional use permit is required for any small wind energy system or renewable energy system not intended primarily to offset part or all of the customer-generator's own electrical energy requirements.
F.
Site Plan Approval. Site plan approval is required for all small wind energy system towers, ground-mounted solar energy systems not subject to approval by the Planning and Development Department as provided above, and renewable energy systems not intended primarily to offset part or all of the customer-generator's own electrical energy requirements.
G.
Federal And State Compliance. All renewable energy systems shall meet or exceed State and Federal standards and regulations in force at the time of installation.
Section 400.930 Solar Energy Systems.
[Ord. No. 7042, 8-24-2023; Ord. No. 7204, 4-24-2025]
A.
General Requirements. The provisions of this Section apply to the construction and/or installation of all solar energy systems:
B.
Ground-Mounted Solar Energy Systems.
1.
Yard Requirement. Ground-mounted energy solar systems shall only be located in the rear yard of any zoning district. Solar carports may be permitted in any off-street parking area in commercial or industrial properties, and on residential properties in compliance with Section 400.275 of this Code of Ordinances.
2.
Height Requirement. Ground-mounted solar energy systems may not exceed the maximum height of the principal structure on the property. In any event, ground-mounted solar energy systems may not exceed fifteen (15) feet in height in any residential zoning district.
3.
Underground Utilities. All exterior electrical and/or plumbing lines must be buried below the surface of the ground in accordance with the current Electrical and Plumbing Codes adopted by the City.
4.
Maintenance. All ground-mounted systems shall be well maintained underneath the array with the installation of mulch, chat, rocks, or other attractive materials. No weeds or other vegetation around the ground-mounted system shall be in violation of Section 220.100.
5.
Conditional Use. Ground-mounted solar panels that cover more than one (1) acre of a given site (this includes the panels, spacing and access drives) shall require approval of a conditional use permit per the provisions of Article VII of Chapter 400 of the City of O'Fallon Zoning Code relating to conditional uses.
C.
Roof-Mounted Solar Energy Systems.
1.
Mounting On Pitched Roofs. Solar arrays shall be permitted on any pitched roof if panels are mounted flush or parallel to the roof plane. Parallel mounting shall be placed no more than eight (8) inches higher than the roof surface. Any mounting of a solar array with a different pitch than the roof plane shall require a conditional use permit. Mounted solar arrays shall not exceed the height of the roofline.
2.
Mounting On Flat Roofs. Solar arrays on flat roofs shall be screened in accordance to Section 400.278 of this Code of Ordinances.
3.
Written Analysis. The applicant must submit a written certification from a Missouri-licensed structural engineer providing details of the weight of each panel or array per square foot and certifying that the supporting structure has the structural integrity to carry the weight and wind loads of the solar energy system.
4.
Building-Integrated Photovoltaic (BIPV) Systems. Building-integrated photovoltaic systems may locate on any roof plane or wall.
Section 400.940 Application Requirements For Solar Energy Systems.
[Ord. No. 7042, 8-24-2023]
A.
A completed building permit with all the applicable electrical, plumbing, and structural engineering information and drawings.
B.
A licensed Missouri engineer seal for any applicable set of plans.
C.
A plot plan illustrating the following features for roof-mounted solar energy systems:
1.
North arrow and bar scale.
2.
Roof dimensions.
3.
Show all ridge line and/or parapets for roof-mounted solar energy systems.
4.
Identify all vents, chimneys, or other apparatus, including vertical objects (i.e., trees), that may affect the placement of the panel.
5.
Provide details of the overall size of the panel array and the arrangement of the array.
D.
A plot plan illustrating the following features for ground-mounted solar energy systems:
1.
North arrow and bar scale.
2.
Lot dimensions.
3.
Identify all streets adjacent to lot.
4.
Identify easements and setbacks.
5.
Provide details of solar unit's maximum height from grade and overall size of panel array, and any screening details (vegetation, fencing, etc.).
6.
Provide distances from existing structures, trees, fences, and adjacent property lines.
E.
Provide detailed drawings of support structures or footings where applicable.
F.
A picture showing the sample colors for the proposed solar energy system and the structure's roof material.
G.
A copy of the design approval letter from the utility company shall be submitted for customers requesting to interconnect to the utility company's electrical grid.
Section 400.950 Geothermal Systems.
[Ord. No. 7042, 8-24-2023]
A.
Setback Requirements. Drilling and trenching for geothermal heat pump systems shall be prohibited on any easement.
B.
State Requirements. All geothermal heat pump systems shall comply with the Missouri Department of Natural Resource regulations established in 10 CSR 23 (Heat Pump Construction Codes).
Section 400.955 Application Requirements For Geothermal Systems.
[Ord. No. 7042, 8-24-2023]
A.
A completed building permit with all the applicable electrical and mechanical engineering information and drawings.
Section 400.960 Small Wind Energy Systems.
[Ord. No. 7042, 8-24-2023]
A.
General Requirements. The provisions of this Section apply to the construction and/or installation of all small wind energy systems:
1.
Location. All wind energy systems shall be located in the rear yard on a lot.
2.
Electrical Wires. All electrical wires associated with a wind energy system must be buried below the surface of the ground, except for those wires necessary to connect the wind generator to the tower wiring, the tower wiring to the disconnect junction box, and the grounding wires, in accordance to the current Electrical Code adopted by the City.
3.
Controls And Brakes. All systems shall contain an internal governor or braking device which engages at a manufacturer-specified wind speed intended to ensure the safe operation of the system in all wind conditions.
4.
Lighting. Wind energy conversion systems shall not be illuminated by artificial means, except where the illumination is specifically required by the Federal Aviation Administration or other Federal, State, or local regulations.
5.
Colors. Wind turbines shall be painted a non-reflective, non-obtrusive color such as the manufacturer's default color option or a color that conforms to the environment and architecture of the area in which it is located.
7.
Signage. Signs shall be limited to the manufacturer's or installer's identification, and required warning signs (e.g., electrical hazard or high voltage) placed on the wind turbine tower(s), electrical equipment, and the wind turbine. Commercial advertising is strictly prohibited.
B.
Building-Mounted Wind Energy Systems.
1.
Allowed Structures. Building-mounted wind energy systems shall only be allowed on non-residential structures.
2.
Height Requirements. No building-mounted wind energy system shall exceed the height requirement for zoning district in which it is located.
3.
Written Analysis. A written certification from a Missouri-licensed structural engineer regarding the weight of the total installation per square foot and certifying that the structure has the structural integrity to carry the weight and wind loads of the wind energy conversion system and have minimal vibration impacts on the structure.
C.
Decorative Wind Energy Systems.
1.
Requirements. Decorative wind energy systems shall be permitted in any yard without a building permit.
D.
Small Wind Energy System Towers.
1.
Monopole Tower. Monopole wind energy systems shall be conditionally permitted in commercial and industrial zoning districts. Monopole structures shall be prohibited in all residential zoning districts and the Mixed-Use Traditional Development District (MUTDD), unless located in a property used solely for a non-residential use (such as religious institutions, schools, fire stations, libraries, utility substations, cemeteries, parks, golf courses, etc.).
2.
Guyed And Lattice Towers. Guyed and lattice towers shall only be permitted in industrial zoning districts.
3.
Number Of Towers Per Lot. No more than two (2) ground-mounted wind energy systems that supplement energy consumption may be installed on any lot.
4.
Rotor Distance. The minimum distance between the ground and any part of the rotor blade system shall be fifteen (15) feet.
5.
Height And Setback Requirements. The setbacks listed below shall apply to all adjacent property and utility lines.
Districts | Max. Height (feet) | Min. Setback | Tower Design Permitted |
|---|---|---|---|
Non-residential uses in "R-1," "R-1A," "R-2," "R-3," "R-4," "R-5," "TGB" and "MUTDD" | 75 | 1 foot of setback for each foot of height of a freestanding tower in motion plus 10 feet when adjacent to residential uses or zoned property | Monopole |
"C-O," "C-1," "C-2," "C-3," "HTCD," "AG" and "P-R" | 125 | Monopole | |
"I-1" and "I-2" | 150 | Monopole, guyed wire, lattice |
Section 400.970 Application Requirements For Small Wind Energy Systems.
[Ord. No. 7042, 8-24-2023]
A.
A completed building permit with all the required electrical and structural engineering information and drawings.
B.
A set of standard drawings of the wind turbine structure and stamped engineered drawing of the tower, base, footings, and/or foundation as provided by the manufacturer.
C.
Written, technical report from a licensed professional engineer that the wind energy system meets all applicable local, State, and Federal regulations.
D.
A description of the safety precautions provided in order to ensure that the structure will not be detrimental to adjacent properties in the case of high winds and/or if the unit fails.
E.
Color photo simulations showing the proposed site of the wind energy system with a photo-realistic representation as it would appear viewed from all sides of site. The color photo simulations shall show the proposed wind energy system and all proposed landscaping, fencing and other methods of screening.
F.
A copy of the design approval letter from the utility company shall be submitted for customers requesting to interconnect to the utility company's electrical grid.
G.
A plot plan illustrating the following features for wind small energy system towers:
1.
North arrow and bar scale.
2.
Lot dimension.
3.
Location, dimensions, and types of existing major structures on the property.
4.
Location of the proposed wind system tower.
5.
Identify all streets adjacent to the lot.
6.
The setback distances and required fall line distance from adjacent properties.
7.
Identify all easement and any overhead utility lines.
8.
Provide distances from existing structures, trees, fences, and adjacent property lines.
9.
Tower blueprints or drawings, including foundation drawing.
H.
A plot plan illustrating the following features for building-mounting small wind energy systems:
Section 400.980 Applicability.
[Ord. No. 7042, 8-24-2023]
A.
This Article applies to renewable energy systems to be installed and constructed after the effective date of the Article.
B.
Except as specified below, renewable energy systems constructed prior to the effective date of this Article shall not be required to meet the requirements of this Article.
C.
Any upgrades, modifications or changes that materially alter the size or placement of an existing renewable energy systems shall comply with the provisions of this Chapter.
Section 400.990 Abandonment.
[Ord. No. 7042, 8-24-2023]
Any system that is out of service for a continuous period of twelve (12) months will be considered abandoned and must be removed within ninety (90) days. If such system is not removed within ninety (90) days, the City may remove such system at the owner's expense after giving the owner notice and an opportunity to be heard with respect to removal.