Warson Woods City Zoning Code
CHAPTER 418
Renewable Energy Systems
Section 418.010 Purpose.
[Ord. No. 1530 §1, 3-11-2014]
A.
The general purpose of this Chapter is to regulate the placement, construction, and modification of renewable energy systems in order to protect the health, safety, and welfare of the public, while at the same time promoting and not unreasonably interfering with the use of renewable energy systems in Warson Woods. Specifically, this Chapter is intended to:
1.
Provide for the appropriate location and development of certain renewable energy systems to serve the citizens and businesses of the City of Warson Woods; and
2.
Minimize adverse visual impacts of renewable energy systems through careful design, siding, landscape screening, and camouflaging.
Section 418.020 Applicability.
[Ord. No. 1530 §1, 3-11-2014]
A.
This Chapter applies to renewable energy systems to be installed and constructed after the effective date of the Chapter.
B.
Except as specified below, renewable energy systems constructed prior to the effective date of this Chapter shall not be required to meet the requirements of this Chapter.
C.
Any upgrades, modifications or changes that materially alter the size or placement of an existing Renewable Energy System shall comply with the provisions of this Chapter.
Section 418.030 Abandonment.
[Ord. No. 1530 §1, 3-11-2014]
Any renewable energy system that is out of service for a continuous period of six (6) months will be considered abandoned and must be removed within sixty (60) days. If such system is not removed within sixty (60) 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.
Section 418.040 (Reserved) [1]
[1]
Editor's Note: Former Section 418.040, Penalty, was repealed 1-17-2023 by Ord. No. 1674. Former history includes: Ord. No. 1530.
Section 418.050 Definitions.
[Ord. No. 1530 §1, 3-11-2014]
As used in this Chapter, the following terms shall have these prescribed meanings:
ARRAY
A number of solar panels or modules connected together in a single structure. One (1) installation can have more than one (1) array.
BUILDING-INTEGRATED PHOTOVOLTAIC SYSTEM (BIPV)
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.
BUILDING-MOUNTED SMALL WIND ENERGY SYSTEM
A small wind energy system affixed to either a principal or accessory structure including vertical-axis or horizontal-axis systems mounted on any building.
BUILDING-MOUNTED SOLAR ENERGY SYSTEM
A solar energy system affixed to either a principal or accessory structure.
GEOTHERMAL OR GROUND-SOURCE HEAT-PUMP SYSTEM
A system for heating and/or cooling buildings using the earth's thermal properties in conjunction with electricity.
GROUND-MOUNTED SOLAR ENERGY SYSTEM
A solar wind energy system that is not attached to another structure and is affixed to the ground.
GROUND-MOUNTED WIND ENERGY SYSTEM
A small wind energy system that is not attached to another structure and is affixed to the ground and consists of a tower consisting of a single pole, constructed without guyed wires and anchors.
RENEWABLE ENERGY SYSTEMS
Geothermal or ground-source heat-pump, solar energy systems, and small wind energy systems used to reduce on-site energy consumption.
ROOF-MOUNTED SOLAR ENERGY SYSTEM
A solar energy system affixed to the roof of either a principal or accessory structure.
SMALL WIND ENERGY SYSTEM
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 any building-mounted wind energy system or ground-mounted wind energy system over eight (8) feet in height.
SOLAR ENERGY SYSTEM
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.
TOWER
The vertical component of a small wind energy system that elevates the wind turbine generator and attached blades above the ground.
Section 418.060 General Provisions For Renewable Energy Systems.
[Ord. No. 1530 §1, 3-11-2014; Ord. No. 1719, 6-18-2024]
A.
Applicability Of City Ordinances. Renewable energy systems shall comply with all applicable provisions of the Municipal Code and the standards of this Chapter.
B.
Principal Or Accessory Use. 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 Chapter. All other renewable energy systems are considered a principal use.
C.
Lot Location. All renewable energy systems as accessory uses shall be located on the same lot as the principal use they serve.
D.
Maintenance. The property owner on the lot where the renewable energy system is located is solely responsible at all times to maintain and keep in good, safe working condition the renewable energy system.
E.
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.
F.
Trees. This Chapter is not intended to preclude any property owner from having trees or other permitted structures on their property that would or could possibly interfere with any renewable energy system.
G.
Glare. Roof-mounted solar energy systems shall be installed to avoid concentrated radiation or glare onto neighboring properties or traffic. The energy absorbing components of the system shall be a non-glare material.
Section 418.070 Solar Energy Systems.
[Ord. No. 1530 §1, 3-11-2014; Ord. No. 1719, 6-18-2024]
A.
Roof-Mounted Solar Energy Systems. Roof-mounted solar energy systems shall be permitted by administrative permit in all districts pursuant to Section 418.120; provided that the application meets the following provisions applicable to the construction and/or installation of roof-mounted solar energy systems:
1.
Location. Roof-mounted solar energy systems may be installed only on the roof of the primary structure. Building-integrated photovoltaic systems may be located on any roof plane or wall, in compliance with all zoning regulations of the applicable district.
2.
Mounting On Pitched Roofs. Arrays shall be permitted on any pitched roof if the arrays 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 an array with a different pitch than the roof plane shall require a special use permit.
3.
Mounting On Flat Roofs. Arrays on flat roofs shall be screened from view by a parapet or other architectural feature that does not exceed the height and other requirements of the underlying zoning districts.
B.
Ground-Mounted Solar Energy Systems. Ground-mounted solar energy systems may be permitted by administrative permit in all districts pursuant to Section 418.120 but only upon an applicant's showing that a roof-mounted solar energy system is not technologically and physically feasible, and only in accordance with the following conditions:
1.
Yard Requirement. Ground-mounted solar energy systems shall only be located in the rear yard of any zoning district.
2.
Setbacks And Lot Coverage. Ground-mounted solar energy systems must comply with all setback requirements for the zoning district in which the property is located.
3.
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 ten (10) feet in height in any residential zoning district measured from the average grade at the base of the supporting structure to the highest edge of the system.
4.
Screening Requirement. All ground-mounted solar energy systems shall be screened from view at-grade from all adjacent streets and adjacent properties by fencing, walls, plantings, or other architectural feature or combination thereof in compliance with the requirements of the underlying zoning districts.
5.
Color. The ground-mounted solar energy systems shall be black or gray.
6.
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.
7.
Maintenance. All ground-mounted solar energy systems shall be well maintained and located underneath the array with the installation of mulch, chat, rocks, or other attractive materials. The ground-mounted solar energy systems shall be maintained to avoid violation of Chapter 210 prohibiting nuisances relating to weeds, tall grass and brush.
8.
Removal. If a ground-mounted solar energy system is removed, any earth disturbance as a result of the removal shall be graded and reseeded.
C.
In addition to the requirements of Subsection (A) and (B) above, all approved solar energy systems shall comply with the following at all times:
1.
Maintenance. It shall be the obligation of the property owner(s) where the solar energy system is located to maintain such system free of defects, deterioration, and rust.
2.
Safety Disconnect. The electric disconnect for all solar energy systems shall be located near the electric meter on the exterior of the building being served (or other location approved by the Glendale Fire Department) and identified as the solar energy system disconnect to facilitate emergency operations by the Glendale Fire Department.
3.
Advertisement. A solar energy system shall not be used to display advertising. The manufacturer's and equipment information, warning, or indication of ownership shall be allowed on any equipment of the solar energy system provided that the signage is not for advertising purposes.
Section 418.080 Small Wind Energy Systems.
[Ord. No. 1530 §1, 3-11-2014]
Small wind energy systems, including building-mounted wind energy systems and ground-mounted wind energy systems, are not permitted.
Section 418.090 Geothermal Systems.
[Ord. No. 1530 §1, 3-11-2014; Ord. No. 1719, 6-18-2024]
A.
Geothermal heat pump systems shall be permitted by administrative permit in all districts pursuant to Section 418.120 and the following:
1.
Easement And Setback Requirements. Drilling and trenching for geothermal heat pump systems shall be prohibited on any easement. Any geothermal system must comply with the requirements of this Chapter and all setback and zoning restrictions of the applicable zoning district.
2.
State Requirements. All geothermal heat pump systems shall comply with the Missouri Department of Natural Resource regulations established in l 0 CSR 23 (Heat Pump Construction Codes.)
Section 418.100 Building Permit.
[Ord. No. 1530 §1, 3-11-2014; Ord. No. 1719, 6-18-2024]
A.
It shall be unlawful for any person or entity to construct, erect, and/or install any permitted renewable energy system without first applying for and obtaining a building permit (including any other permit needed pursuant to Section 418.110, collectively referred to as the "building permit") and complying with the following requirements:
1.
Payment of a review fee in accordance with the fee schedule in Section 418.150 plus the applicable building permit fee in accordance with Section 505.040;
2.
Filing of an application for permit that, in addition to the requirements below, is in the form and meets the requirements prescribed by Chapter 505, and specifically Sections 505.050 and 505.060;
3.
Submission of building and design plans for the renewable energy system and including therewith a certification from a licensed Missouri engineer or architect that all such plans and design are in compliance with this Chapter and all other applicable State and Federal requirements;
4.
For all roof-mounted solar energy systems, the certification shall include details of the weight of each 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; and,
5.
In addition to an application for a building permit, an application for an administrative permit pursuant to Section 418.120 is also required, which shall be applied for at the same time as the application for the building permit.
Section 418.110 Other Permits.
[Ord. No. 1530 §1, 3-11-2014]
A.
Electrical Permit. It shall be unlawful for any renewable energy system to be constructed, erected, and/or installed without first applying for and obtaining an electrical permit in accordance with the City's current adopted Electrical Code.
B.
Code Compliance. Renewable Energy Systems shall comply with all applicable Building, Mechanical, Fire, Plumbing, and Electrical Codes adopted by or applicable to the City of Warson Woods.
C.
Other Permits. Nothing in this Chapter shall relieve the applicant from applying for and obtaining any other required local, state or federal permit.
Section 418.120 Authorization by Administrative Permit; Roof-Mounted Solar Energy Systems.
[Ord. No. 1530 §1, 3-11-2014; Ord. No. 1719, 6-18-2024]
A.
Authorized Use. The placement of Roof-Mounted Solar Energy Systems and Geothermal Systems is permitted by administrative permit in all zoning districts in compliance with the requirements contained in this Chapter and specifically Sections 418.070 and 418.090 and the required building permits under Sections 418.100 through 418.110.
B.
Application Procedure. Application for administrative permits shall be made by all owners of record or owners under contract of a lot or tract of land (with contract granting such interest attached) on the appropriate forms to the Building Commissioner and accompanied by payment of the established fee.
1.
Application contents:
a.
A detailed site plan indicating:
(1)
All existing and proposed improvements including buildings, drives, walkway, parking areas;
(2)
Location of overhead utility wires;
(3)
The zoning categories of the property and adjoining properties;
(4)
The location of and distance to off-site residential structures;
(5)
All existing or proposed buffer and landscaping;
(6)
The proposed location of the solar energy system; and
(7)
Any other relevant information or drawings requested by the Building Commissioner to assist in his/her review.
b.
Detailed drawings of support structures where applicable.
c.
A picture or other representation of the sample colors for the proposed solar energy system and the structure's roof material demonstrating whether the proposed solar energy system architecturally blends with the roof in color and texture.
d.
All electrical plans.
e.
Sectional drawings, plan view, and elevation views. Detail all connections.
f.
Manufacturer's cut sheets/diagrams installation instructions that describe the system and installation.
g.
The design approval letter from the utility company shall be submitted for customers requesting to interconnect to the utility company's electrical grid.
h.
A structural certification statement (properly signed, sealed, and dated by a Missouri licensed engineer). The structural certification statement shall state the existing structure with the addition of the solar energy device is capable of supporting the design load as required in the Residential Code of the City of Warson Woods.
2.
The application shall be reviewed by the Building Commissioner to determine compliance with the standards and requirements of this Chapter and applicable building codes. Simultaneous to the City's review, applicant shall transmit the application to other departments and public agencies that may be affected by the proposed solar energy system, including the Glendale Fire Department, for review and comment. Any comments or conceptual approvals applicant receives from the reviewing agencies shall be provided to the City.
3.
The application shall also be reviewed by the Building Commissioner to determine compliance with all setback and lot dimension requirements.
4.
The Building Commissioner may deny the application or approve the application as submitted or with such modifications or conditions as are, in his/her judgment, reasonably necessary to protect the safety or general welfare of the citizens consistent with the purposes of this Chapter. A decision to deny an application shall be made in writing, and state the specific reasons for the denial.
C.
Appeals. Appeals from the decision of the Building Commissioner shall be made to the Board of Adjustment pursuant to Chapter 410 of the Warson Woods Land Use Code.
Section 418.130 (Reserved) [1]
[1]
Editor's Note: Former Section 418.130, Authorization by Special Use Permit, which derived from Ord. No. 1530, was repealed by Ord. No. 1719, 6-18-2024.
Section 418.140 Site Inspection.
[Ord. No. 1530 §1, 3-11-2014]
Immediately upon completion of installation of any renewable energy system, the contractor and/or property owner shall contact the Building Commissioner for a final inspection of the installation. The system cannot begin operating until it has received approval from both the City and the electric utility. The inspections focus on verifying that an installation is code compliant with electrical, building code, and fire safety requirements. Among other things, the inspection verifies labeling of equipment to limit firefighter exposure to electrical voltage, space for firefighters to access the building or structure, and limitations in roof installations due to firefighting suppression techniques to ensure fire safety of the installation.
Section 418.150 Review and Inspection Fees.
[Ord. No. 1530 §1, 3-11-2014; Ord. No. 1675, 1-17-2023; Ord. No. 1719, 6-18-2024]
A.
The review and inspection fee to be paid for an administrative permit to install a renewable energy system shall be as follows:
Fee Amount | Cost of Project |
|---|---|
$200.00 | up to $3,000.00 |
$350.00 | between $3,001.00 to $5,000.00 |
$475.00 | between $5,001.00 to $7,500.00 |
$550.00 | between $7,501.00 to $10,000.00 |
$800.00 | Over $10,000.00 |
B.
Fee Administration.
1.
The review and inspection fees set forth in Subsection (A) of this Section shall be paid in anticipation of the City's expenses incurred in processing the application or submission at issue, including, but not limited to, administrative and clerical costs, costs of engineering, planning, and legal review, cost of site inspections, cost of publication expenses, expenses of notification to adjoining property owners, expenses of hearings, if necessary, and other administrative costs incurred by the City. Processing and all other actions related to the application or submittal shall not proceed until the applicable fee is paid in full.
2.
In the event the fee or deposit noted are insufficient to pay all such expenses incurred by the City, the City Clerk and/or Building Commissioner may document additional costs incurred by the City and request payment of same within thirty (30) days. Processing and all other actions related to the application shall not proceed until such additional sums are paid in full. Appeals from any decision hereunder shall be taken pursuant to Chapter 150 of the Municipal Code.
