(a)

Intent. The intent of this chapter is:

(1)

To allow residents to use renewable energy resources, specifically wind, solar and geothermal, as an alternative to the prevailing sources of natural gas and electricity.

(2)

To promote small-scale, site-specific energy strategies that can reduce consumption and reliance on fossil fuels or other non-renewable energy source, and allow more efficient heating, cooling, and lighting of sites and buildings.

(3)

To establish standards for the use of renewable energy equipment that ensure effective site design, minimize potential impacts on adjacent property, and promote the character of neighborhoods and districts in the city.

(b)

Applicability. Site-specific renewable energy systems that meet the standards of this chapter are considered an accessory use to the principal use of property, and shall be approved by the issuance of a building permit, subject to all applicable building codes. Some applications also require site plan or special use permits as specified in this chapter. Applications for hybrid energy systems that use combinations of two or more of the types of systems in this chapter may be joined as a single application, subject to the most detailed approval procedure for any component of the system. Any renewable energy systems not meeting the standards of this chapter, or any authorized exceptions or alternative approval procedures specified in this chapter, may only be permitted by a variance subject to the procedures and criteria in chapter 19.54 of this chapter.

(Ord. 2407, Sec. XX, 2019)

The following regulations shall apply to accessory solar energy systems:

(1)

Related Ordinances. All equipment shall comply with any other applicable provisions of the municipal code or this chapter, including building setbacks, yard requirements and height restrictions.

(2)

Solar Easements. In order to preserve and protect the solar access accords between adjacent property, a solar easement may be arranged between adjacent property owners. However, the solar easement may not be used to negate any other development or design standard required by this chapter or other applicable law. It is the responsibility of the parties to the easement to report and file the easement with the building official at the time of any building permit application that may be impacted by the easement.

(3)

Compatibility. The design of any solar energy system shall generally be compatible with the character of the neighborhood or district, the architectural design of the buildings, and situated on a site in a manner that minimizes potential negative impacts on adjacent property or public streetscapes. Compatibility shall be evaluated as follows:

(1)

Systems mounted on pitched roof structures or vertical walls shall not project more than five inches off the surface of the roof or wall and be generally parallel to the roof pitch or vertical wall.

(2)

Systems mounted on flat roofs shall be setback from the roof edge a distance equal to the amount they project off the roof deck, or be concealed from street level or ground level of adjacent property by a parapet. Any panels or accessory equipment that projects more than two feet off the roof deck shall be screened in the same manner as other rooftop accessory building equipment.

(3)

Framing, mounting racks, piping, conduits or other associated equipment shall be designed, located or use colors to minimize the visibility from streetscapes or adjacent property, and blend with the overall design of the building.

(4)

Ground mounted solar panels shall be located behind the front building line, and be setback from adjacent property by at least ten feet. No ground-mounted equipment shall exceed eight feet high. All ground-mounted equipment shall be screened from adjacent property and the street by fences, landscape or a combination of both. This provision shall not apply to solar energy facilities attached to utility poles, light fixtures or other similar accessory structures provided they be designed in a manner that integrates the energy collecting components into the design of the structure in a manner that does not significantly alter the appearance of the structure, when compared to other similarly functioning accessory structures.

(5)

No solar panel shall be mounted in a location where it could create additional glare on adjacent sites or otherwise damage plants or structures on adjacent property from reflectiveness or heat sources. Panels in locations with the potential to contribute to this situation may satisfy this requirement with manufacturer's specifications that demonstrate minimal glare, reflectiveness and heat gain.

(d)

Exceptions and Alternatives. Any solar energy system that does not meet the standards of this section may only be permitted with a site plan, approved by the planning commission according to the procedures and criteria of chapter 19.32. In addition, the planning commission shall consider the following criteria:

(1)

The intent of this Chapter, and whether the proposal is contrary to the intent of any other sections of this chapter.

(2)

The context of the application, and in particular the relationship of the proposed facilities to surrounding property.

(3)

Whether the proposed design and requested exceptions are necessary to ensure that the function and efficiency of the solar energy system is maintained, and whether the exception could negatively impact other design or sustainability principles.

(Ord. 2407, Sec. XX, 2019)

The following regulations shall apply to accessory wind energy systems:

(a)

Site Plan Approval. The following wind energy systems may be permitted with a site plan, approved by the planning commission according to the procedures and criteria of chapter 19.32.

(1)

Wind turbines installed on any structure which is otherwise permitted to be three stories or greater, and at least 35 feet tall, provided that the wind turbines shall add no more than 20 additional feet to the structure.

(2)

Wind turbines on structures less than three stories or under 35 feet tall, provided the turbine adds no more than one-half the actual height of the structure.

(3)

Wind turbines installed on light or utility poles up to 25 feet tall, provided the wind turbine adds no more than 20 percent to the actual height of the pole.

(4)

The planning commission shall consider the following criteria in addition to the general site plan criteria:

a.

Whether the location and design of the turbine is architecturally compatible with the building.

b.

Whether the location on the site is likely to generate noise, physical, optical (light-or shadow-flicker), or aesthetic impacts on adjacent property.

c.

Any other potential physical impacts or conflicts from the location of the system, the type and typical function of the system, or other issues associated with the siting or operation of the wind turbine.

(b)

Special Use Permit. Any wind turbine in a non-residential zoning district, which does not meet the criteria or eligibility for site plan approval, may be permitted with a special use permit, approved by the city council according to the procedures and criteria of chapter 19.28. The special use permit shall meet the following additional criteria:

(1)

No turbine more than 150 feet tall may be approved in any circumstance.

(2)

Any ground-mounted turbine shall be on a lot of at least one acre.

(3)

All ground-mounted wind turbines shall be setback from the property line a distance equal to its height, measured at the highest rotation of the blades. When two or more turbines are on the same lot, they shall be separated from each other by this same distance.

(4)

Wind turbines shall be painted a non-reflective, non-obtrusive color that blends with the context, surroundings or buildings in the vicinity.

(5)

All tower structures shall be self-supporting monopoles, unless attached to a structurally reinforced roof where not support structure is warranted. Lattice structures shall not be permitted.

(6)

Blade sizes for rotary turbines shall be limited to one-third (1/3) the support structure height. Blade clearance for a ground-mounted horizontal-axis, propeller-style wind turbine shall not be less than 30 feet at the lowest point.

(7)

Turbines shall not be lit unless such lighting is required by the Federal Aviation Administration (FAA) or other applicable authority.

(8)

Signs shall be limited to the appropriate warning signs (e.g. electrical hazard or high voltage) placed on the wind turbine tower(s), electrical equipment, and the wind turbine.

(9)

Reasonable efforts shall be made to locate utility connections from the wind turbine(s) underground, depending on the appropriate soil conditions, shape, and topography of the site and any requirements of the utility provider. Electrical transformers for the utility interconnections may be above ground if required by the utility provider. For electrical transformers with a footprint greater than 2 square feet in area, landscaping shall be provided where necessary to substantially screen the structure from public view and/or view of adjacent lots.

(10)

All electrical wires associated with the wind turbine shall be located underground or inside the monopole except for those necessary to connect the wind generator to the tower wiring, the tower wiring to the disconnect junction box, and the ground wiring.

(11)

Each wind turbine shall be equipped with both manual and automatic overspeed controls to limit the rotational speed of the blade within the design limits of the rotor. Manual electrical and/or overspeed shutdown disconnect switches shall be provided and clearly labeled on the turbine structure. No wind turbine shall be permitted that lacks an automatic braking, furling, or feathering system to prevent uncontrolled rotation, overspeeding and excessive pressure on the tower structure, rotor blades and turbine components.

(12)

The noise emitted from any wind turbine shall not exceed 55 dbA as measured at the nearest property line, except during short-term events such as utility outages and severe winds.

(13)

No building permit for a wind turbine shall be issued until a copy of the utility company's approval for interconnection of a customer-owned generator has been provided. Off-grid systems are exempt from this notice.

(14)

Any wind turbine that is not operated for energy production for a continuous period of 12 months shall be considered abandoned, and the owner of the turbine shall remove it within 90 days of receipt of a notice from the city. If the turbine is not removed within 90 days, the city may remove the turbine at the owner's expense. Any wind turbine, functional or abandoned/inoperable, which is determined to be a public safety risk may be ordered to be removed by the owner. In the event that the owner does not remove the turbine in a timely manner, the city may have the turbine removed, with costs billed to the property owner as a lien against the property.

(Ord. 2250, Sec. II, 2012; Ord. 2407, Sec. XX, 2019)

(a)

Site Plan Approval. Geothermal energy installations are permitted with a site plan, approved by Staff, including all buildings, property lines, and location of pipes and other elements of the system. The site plan shall include a description of the system, the type, model, and brand of the system, and the contractor installing the system. A building permit will also be required, but may be incorporated into the permit of any other building being constructed associated with the system. Staff may require additional information if it is necessary to fully evaluate the site plan or building permit.

(Ord. 2407, Sec. XX, 2019)

(a)

Geothermal Energy means energy that is stored in the Earth.

(b)

Horizontal-axis Wind Turbine means the main rotor shaft of the turbine is oriented horizontally. This type of turbine must be pointed into the wind.

(c)

Meteorological Tower means a tower separate from a wind turbine designed to support the gathering of wind energy resource data. A meteorological tower shall include the tower, anemometers, wind direction vanes, and any telemetry devices that are used to monitor or transmit wind speed and wind flow characteristics at a given location.

(d)

Roof-mounted Wind Turbine means a turbine system mounted to the roof of a building.

(e)

Solar Access means access to the envelope of air space exposed to the face of any solar energy system through which the sun passes and which allows the solar energy system to function. Such access is necessary to any solar energy system.

(f)

Solar Air Space Envelope means that volume of air space whose lower limits are defined by a plane sloping upward to the south at an angle of 22 degrees from the horizontal plane, measured form the bottom of the solar collector system and whose lateral limits are defined by planes which correspond to the direct rays of the sun on each end (east and west) of the solar collector system at 0900 and 1600 solar time from September 21 through April 21.

(g)

Solar Collector means both passive and active systems. An active collector shall include panels designed to collect and transfer solar energy into heated water, air or electricity. Passive collectors shall include windows and window walls, which admit solar rays to obtain direct heat or to obtain heat for storage. Such windows and window walls of passive systems may extend to ground level. Greenhouses, atriums, and solariums are included in this definition.

(h)

Solar Easement means an easement arising by agreement between property owners and establishing the solar air space envelope within which building and vegetation obstructions are prohibited.

(i)

Vertical-axis Wind Turbine means the main rotor shaft of the turbine is arranged.

(j)

Wind Turbine means any machine designed for the purpose of converting wind energy into electrical energy. Wind turbine shall include all parts of the system, including the tower and turbine composed of the blades and rotor.

(Ord. 2407, Sec. XX, 2019)