This Chapter applies to alternative energy systems in all zoning districts.

It is the goal of the town council of the Town of Virgin to provide a sustainable quality of life for the residents of the town, making careful and effective use of available natural, human, and economic resources, and ensuring that resources exist to maintain and enhance the quality of life for future residents.

In accordance with that goal, the town council finds that it is in the public interest to encourage alternative energy systems that have a positive impact on energy production and conservation while not having an adverse impact on the community. Therefore, the purposes of this ordinance include:

A.

To promote rather than restrict development of alternative energy sources by removing regulatory barriers and creating a clear regulatory path for approving alternative energy systems.

B.

To create a livable community where development incorporates sustainable design elements such as resource and energy conservation and use of renewable energy.

C.

To protect and enhance air quality and decrease use of fossil fuels.

D.

To encourage alternative energy development in locations where the technology is viable and environmental, economic, and social impacts, including impacts to adjoining properties, can be mitigated.

A.

Ground Source Heat Pump Systems must meet all of the requirements set forth in the International Building Code, the State of Utah, and Washington County.

(Amended by Ord. 2021-41 Amends installation requirements on 4/21/2021)

A.

ZONES. Residential wind turbines in accordance with the standards in this Section are permitted accessory uses on lots of at least one (1) acre in size in the Residential (R), Rural Residential (RR), Commercial (C), and Agricultural (AG) Zones. Wind turbines may be used in other zones if approved by the land use authority.

B.

STANDARDS.

1.

Number. No more than one (1) turbine may be installed on a parcel, and no more than one (1) wind energy system is permitted per parcel, unless an exception is made.

2.

Height. The maximum standard height for all zones for all purposes shall be twenty-five feet (25').

3.

Roof Mounting. Roof mounted wind turbines are not permitted at this time; this time; however, they may be considered and formally added as a permitted use when technology improves.

4.

Setbacks. The base of the wind turbine tower shall be set back from the property lines a distance of one and one-half (1-1/2) times to the total hub height. Wind energy systems shall not be installed in the front yard of any lot or in the side yard of a corner lot adjacent to a public right-of-way. Wind energy systems in residential zones may only be installed in rear yards.

5.

Easements. Wind energy systems shall not encroach on public drainage, utility roadway or trail easements.

6.

Noise. Wind energy systems shall be engineered and maintained as to comply with all local, state and federal noise ordinances. The current OSHA (Occupational Safety and Health Administration) limit is fifty decibels (50 dB) as measured from an adjoining property.

7.

Screening. Wind energy systems are exempt from the VULU ordinance screening requirements.

8.

Aesthetics. All portions of the wind energy system shall be a non-reflective, non-obtrusive color that blends with the color of the roof or other structure. Any other housings or brackets should use colors compatible with the surroundings. Only monopole towers are permitted. The appearance of the turbine, tower any other related components shall be maintained throughout the life of the wind energy system pursuant to industry standards. Systems may not be used for displaying any advertising. Systems shall not be illuminated, except as may be required by the FAA (Federal Aviation Administration). Where system equipment is anticipated to unreasonably impact neighbors, the Land Use Authority may require modifications to the proposed location of a wind energy device to minimize impact.

9.

Feeder Lines. The electrical collection system shall be placed underground within the interior of each parcel.

10.

Deviations. If any deviation from the required standards of this ordinance is granted by the land use authority, a conditional use permit shall be required.

C.

SAFETY.

1.

Standards and Certification.

a.

Standards. Wind energy systems shall meet minimum standards such as International Electro Technical Commission (IEC) 61400-2 or the American Wind Energy Association's (AWEA Small Wind Turbine Performance and safety Standard or standards as determined by the approved Virgin Town building inspector after consultation with manufacturer's representative or other authorized consultant, if any, to the building inspector.

b.

Certification. Wind energy systems shall be certified by Underwriters Laboratories, Inc., or the National Renewable Energy Laboratory, the small wind Certification Council or other body as determined by the Land Use Authority of The Town of Virgin. The Town of Virgin reserves the right to deny a building permit for proposed wind energy systems deemed to have inadequate certification or testing for operation in severe weather climates.

c.

Maintenance. Wind energy systems shall be maintained according to the manufactures recommendations along with Industry standards. The Town suggests that the owner keep all maintenance schedules.

2.

Utility Connection. All grid connected systems shall have an agreement with the local utility prior to the issuance of a building permit. A visible external disconnect, or transfer switch, must be provided if required by the utility.

D.

ABANDONMENT. If the wind energy system remains nonfunctional or inoperative for a continuous period of one (1) year, the system shall be deemed to be abandoned and shall constitute a public nuisance. The owner shall remove the abandoned system at their expense after receiving notice from the Virgin Town Council instructing them to do so. Removal includes the entire structure including foundations to below natural grade and transmission equipment. The removal will be completed within six (6) months from the time of notification.

E.

PERMITS. A building permit and a conditional use permit, if required, shall be obtained for any wind energy system prior to installation.

(Amended by Ord. 2021-78 District to Zone on 10/20/2021)

A.

ZONES. Solar energy systems in accordance with the standards in this Section are allowed as a permitted accessory use in all zones.

B.

STANDARDS.

1.

Minimum Lot Size. In the Residential Zone (R) the minimum lot size is 12,000 square feet. In the Rural Residential (RR), Commercial (C), Resort Zone (RZ), Highway Resort Zone (HRZ) or other zones the minimum square feet is 12,000. In a clustered subdivision the requirement would be not more than one (1) unit for every 12,000 square feet. This is the requirement for ground mounted solar energy systems.

2.

Height. Roof-mounted solar energy systems shall comply with the maximum height requirements in the applicable zoning district. Ground-mounted solar energy systems shall not exceed eighteen feet (18') in height.

3.

Location. In residential zones, ground-mounted solar energy systems are limited to the rear yard. In non-residential zones, ground-mounted solar energy systems may be permitted in the front yard of any lot or the side yard on corner lots but shall not encroach in the minimum twenty foot (20') landscaped area adjacent to public rights-of-way or screening between properties.

4.

Setbacks. Ground-mounted solar energy systems including any appurtenant equipment shall be set back a minimum of fifteen feet (15') from all property lines and a minimum of thirty feet (30') from all dwellings located on adjacent lots. Roof-mounted systems shall comply with all building setbacks in the applicable zone and shall not extend beyond the exterior perimeter of the building on which the system is mounted.

5.

Roof Mounting. Roof-mounted solar collectors shall be flush mounted on pitched roofs with a pitch of 4/12 or greater. Solar collectors may be bracket mounted on flat roofs.

a.

Where the pitch of the roof in not due south (for optimum solar gain), solar panels may be mounted with the tilt to maximum of 20º provided the highest point of any solar panel or frame does not break the ridge line of the roof.

6.

Easements. Solar energy systems shall not encroach on public drainage, utility roadways or trail easements. ¹

7.

Screening. Solar energy systems shall be screened from view to the extent possible without reducing their efficiency. Screening may include walls, fences or landscaping.

8.

Maximum Area. In the Residential (R) Zone the ground mounted solar energy system shall be limited to 200 square feet. In other districts of one (1) acre, ground-mounted solar energy systems shall be limited to a maximum of no more than twenty-five percent (25%) of the rear yard. Owners of instillations on three (3) or more acres may apply for larger array instillations by conditional use permit.

9.

Aesthetics. All solar energy systems shall use colors that blend with the color of the roof or other structure. The collector itself can be any color that is most beneficial for adequate collection. Any other housings or brackets should use colors compatible with the surroundings. Reflective angles from collector surfaces shall be oriented away from neighboring windows in as far as possible. Where necessary, screening may be required to address glare.

10.

Feeder Lines. The electrical collection system shall be placed underground within the interior of each parcel.

11.

Deviations. If any deviation from the required standard of this ordinance is granted by the land use authority, a conditional use permit shall be required.

C.

SAFETY.

1.

Standards and Certification.

a.

Standards. Solar energy systems (photovoltaic) shall meet the minimum standards outlined by the International Electro technical Commission (IEC), the American Society of Heating, Refrigerating, and Air-conditioning Engineers (ASHRAE), ASTM International, British Standards Institution (BSI) International Organization for Standardization (ISO), Underwriters Laboratory UL, The Solar Rating and Certification Corporation (SRCC) or other standards as determined by the Town of Virgin Council.

b.

Certification. Solar energy systems shall be certified by; Underwriters Laboratories, Inc., or the National Renewable Energy Laboratory, the Solar Rating and Certification Corporation or other body as determined by the Town of Virgin Council. The Town reserves the right to deny a building permit for proposed solar energy systems deemed to have inadequate certification.

2.

Utility Connection. All grid connected systems shall have an agreement with the local utility prior and a copy will be provided to the town. A visible external disconnect must be provided if required by the utility.

3.

Abandonment. If the solar energy system remains nonfunctional or inoperative for a continuous period of one (1) year, the system shall be deemed to be abandoned and shall constitute a public nuisance. The owner shall remove the abandoned system at their expense after being instructed by the Virgin Town Council to do so. Removal includes the entire structure including transmission equipment. Removal shall be completed within six (6) months after being instructed to do so.

4.

Permits. A building permit and a conditional use permit, if required shall be obtained for any solar energy system prior to installation.

¹ Amended June 2015 Pursuant to ordinance # 2015-061715-1b

(Amended by Ord. 2021-78 District to Zone on 10/20/2021)

Deviations. If any deviation from the required standard of this ordinance is granted by the land use authority, a conditional use permit shall be required.

A.

That the deviation is required to allow for the improved operation of the alternative energy system;

B.

That the alternative energy system has a net energy gain;

C.

That the alternative energy system does not adversely affect solar access to adjacent properties;

D.

That the alternative energy system complies with all other engineering, building, safety and fire regulations; and

E.

That the alternative energy system is found to not have any adverse impacts on the area, including the health, safety and general welfare. This ordinance shall be construed broadly to promote the purposes for which it was adopted.

In interpreting this ordinance and its application, the provisions of these regulations shall be held to be the minimum requirements for the protection of public health, safety and general welfare. This ordinance shall be construed broadly to promote the purposes for which it was adopted.

This ordinance is not intended to interfere with, abrogate or annul any other ordinance, rule or regulation, statute or provision of law except as provided herein. If any provision of this ordinance imposes restrictions different from any other ordinance, rule or regulation, statute or provision of law, the provision that is more restrictive or imposes high standards shall control.

If any part or provision of this ordinance or its application to any developer or circumstance is judged invalid by any competent jurisdiction, the judgment shall be confined in its operation to the part, provision or application directly involved in the controversy in which the judgment shall be rendered and shall not affect or impair the validity of the remainder of these regulations or the application of them to other developers or circumstances.