[Ord. No. 14-16 §1, 6-18-2014]
The purpose of this Section is to provide standards for the
installation and use of renewable energy systems as accessory uses
within the City of Bridgeton. This Section seeks to protect residentially
zoned properties from incompatible uses in the interest of property
values, public health and the welfare of the community while promoting
the use of alternative energy sources, where appropriate. This Section
provides a process to facilitate the use of these systems in a manner
that minimizes adverse impacts and the potential for nuisance.
[Ord. No. 14-16 §1, 6-18-2014]
A.
BUILDING-INTEGRATED PHOTOVOLTAIC SYSTEM (BIPV)
GLARE
GROUND-MOUNTED SYSTEM
GROUND SOURCE HEAT PUMP SYSTEM
GROUND SOURCE HEAT PUMP SYSTEM CLOSED-LOOP
GROUND SOURCE HEAT PUMP SYSTEM, HORIZONTAL
GROUND SOURCE HEAT PUMP SYSTEM, OPEN-LOOP
GROUND SOURCE HEAT PUMP SYSTEM, VERTICAL
PHOTOVOLTAIC (PV) SYSTEM
ROOF-MOUNTED SYSTEM
SMALL WIND ENERGY SYSTEM
SOLAR ENERGY SYSTEM
SOLAR THERMAL SYSTEM
TURBINE HEIGHT
For the purposes of this Chapter, terms used for renewable energy
systems shall be defined as follows:
An active solar system that is an integral part of a principal
or accessory building, rather than a separate mechanical device, replacing
or substituting for an architectural or structural component of the
building. BIPVs include but are not limited to photovoltaic or hot-water
solar systems that are contained within roofing materials, windows,
skylights, and awnings. PV shingles or tiles, PV laminates, and PV
glazing are all examples of BIPVs.
The effect produced by light reflecting from a solar energy
system with intensity sufficient to cause annoyance, discomfort, or
loss in visual performance and visibility.
A renewable energy system that is not attached to any other
structure and is affixed to the ground.
A system that uses the relatively constant temperature of
the earth to provide heating in the winter and cooling in the summer.
A system that circulates a heat transfer fluid, typically
food-grade antifreeze, through pipes or coils buried beneath the land
surface.
A closed-loop ground source heat pump system where the loops
or coils are installed horizontally in a trench or series of trenches
no more than twenty (20) feet below the surface.
A system that uses groundwater as a heat transfer fluid by
drawing groundwater from a well to a heat pump and then discharging
the water over land, directly in a water body or into an injection
well.
A closed-loop ground system heat pump where the loops or
coils are installed vertically in one (1) or more borings below the
land surface.
A solar energy system that converts sunlight into electrical
energy.
A renewable energy system affixed to the roof of either a
principal or accessory structure.
A structure designed for the purpose of converting wind energy
into electrical energy to reduce on-site consumption of utility power.
A structure designed for the purpose of collecting and transforming
solar energy into thermal or electrical 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 space heating and cooling, domestic hot water, and
heating pool water.
Turbine height is equal to the height of the tower plus the
length of one (1) blade or the highest point of the complete structure,
including any appurtenances, whichever is greater.
[Ord. No. 14-16 §1, 6-18-2014]
A.
Solar and small wind energy systems are structures which shall be
permitted on all residentially zoned properties.
B.
The requirements of the City Code shall apply to all solar and small
wind energy systems installed or modified after the effective date
of this Chapter on all residentially zoned properties.
C.
Any upgrade, modification, or structural change that alters the size
or placement of an existing solar or small wind energy system shall
comply with the provisions of this Chapter.
[Ord. No. 14-16 §1, 6-18-2014]
A.
The following general requirements apply to all solar energy systems.
All solar energy systems:
1.
Shall comply with all minimum yard structure setback requirements
for the residential zoning district in which the property is located;
2.
Shall not be erected prior to the establishment or construction
of the principal building to which it is accessory or to which it
is intended to be accessory;
3.
Shall be placed in such a manner that glare will not be directed
onto nearby properties or adjacent streets; and
B.
Minimum Requirements For Ground-Mounted Solar Energy Systems. All ground-mounted solar energy systems:
1.
Shall be located in the rear yard of the residentially zoned
property;
2.
Shall not exceed ten (10) feet in height as measured from the
average grade at the base of the structure to the highest point of
the structure;
3.
Shall have all exterior electrical and/or plumbing lines connecting
to a principal or accessory structure be located underground; and
4.
Ground-mounted solar energy systems must be substantially screened
from public view (including adjacent properties and public rights-of-way)
by fencing, walls, plantings or other architectural features or any
combination thereof; provided, however, that screening shall not be
required to be so dense, so tall or so located as to render the equipment
essentially non-functional.
C.
Minimum Requirements For Roof-Mounted Solar Energy Systems.
1.
All roof-mounted solar energy systems shall be mounted on a
principal or accessory building or structure.
2.
Mounting on sloped roofs:
a.
The system shall not exceed the height of the existing roofline
as illustrated below;
b.
The system shall be mounted parallel to the roof, not to exceed
twelve (12) inches above the roofline it is affixed to;
c.
The system shall be positioned in a symmetrical fashion and
centered on the plane of the roof on which it is located;
d.
The system shall be set back at least two (2) feet from any
outside edge, ridge, or valley of the roof;
e.
The system shall be located on a rear- or side-facing roof as
viewed from a fronting street. In cases of corner lots or lots with
more than one (1) street frontage, a side roof fronting on a street
shall be considered a front-facing roof; and
f.
The system shall be made part of the roof design (i.e., capping
or framing compatible with the color of the roof or structure).
 |
3.
Mounting on flat roofs:
a.
The system shall be mounted parallel to the roof, not to exceed
thirty-six (36) inches above the roofline it is affixed to;
b.
The system shall be positioned in a symmetrical fashion and
centered on the plane of the roof on which it is located; and
c.
The system shall be set back at least two (2) feet from any
outside edge, ridge, or valley of the roof.
[Ord. No. 14-16 §1, 6-18-2014]
A.
One (1) small wind energy system shall be permitted per residentially
zoned property and:
1.
Shall only be located in the rear yard of the residentially
zoned property;
2.
Shall not be erected prior to the establishment or construction
of the principal building to which it is accessory or to which it
is intended to be accessory;
3.
Shall comply with all minimum yard accessory structure setback
requirements for the residential zoning district in which the property
is located;
4.
Shall be located a minimum distance equal to the turbine height
from the principal structures located on the property and on adjacent
properties;
5.
Shall be ground-mounted;
6.
Shall have a maximum tower height that does not exceed the maximum
height permitted for a structure in the residential zoning district
in which the tower is located or the maximum height of the existing
residential structure, whichever is less, except that permitted roof-mounted
systems may extend ten (10) feet above the roofline or top of parapet
wall, provided that such systems do not exceed five (5) feet above
the maximum height otherwise permitted in the residential zoning district;
7.
The height shall be measured as the distance from the average
grade at the base of the structure to the highest point of the structure;
8.
Shall have a minimum clearance between the lowest tip of the
rotor or blade and the ground of fifteen (15) feet.
10.
Shall be placed in such a manner that glare will not be directed
onto nearby properties or adjacent street and does not create significant
shadow flicker impacts. "Significant shadow flicker" is defined as
more than thirty (30) hours per calendar year on abutting occupied
buildings;
11.
Shall have a sound level that does not exceed sixty (60) decibels
as measured at the site property line, except during short-term events
such as severe wind storms and utility outages;
12.
Shall either be stock color from the manufacturer or painted
with a non-reflective, unobtrusive color that blends in with the surrounding
environment;
13.
Shall have all exterior electrical lines located underground;
and
14.
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.
[Ord. No. 14-16 §1, 6-18-2014]
A.
Only closed-loop ground source heat pump systems utilizing heat transfer
fluids as defined are permitted. Open-loop ground source heat pump
systems are prohibited.
B.
It shall not be erected prior to the establishment or construction
of the principal building to which it is accessory or to which it
is intended to be accessory;
C.
Setbacks:
1.
All components of ground source heat pump systems, including
pumps, borings and loops, shall be set back at least five (5) feet
from all property lines.
2.
Aboveground equipment associated with ground source heat pumps
shall not be installed in a front yard. Equipment shall be located
in the side or rear yard, set back at least five (5) feet from the
property line.
3.
Ground source heat pump systems shall not be located or encroach
upon any recorded easement.
[Ord. No. 14-16 §1, 6-18-2014]
A building permit and zoning certificate are required for all
solar, small wind energy systems, and ground source heat pump systems.
[Ord. No. 14-16 §1, 6-18-2014]
A.
Decisions of the City Engineer, Zoning Administrator or Building
Code Official regarding the application of this Chapter may be appealed
to the City Council in accordance with the following procedures:
1.
Any person desiring a variation in the regulations pertaining
to renewable energy systems on residentially zoned properties, or
who is aggrieved by any decision made by the City Engineer or his
designated representative in administering such regulations, may appeal
such decision as provided in this Section. Any such appeal shall be
taken within thirty (30) days of the date of denial of a permit for
a renewable energy system on residentially zoned properties by filing
with the City Engineer a notice of appeal specifying the grounds thereof.
Six (6) affirmative votes of the City Council shall be required to
grant a variance from or reverse a decision made by the City Engineer
or his representative in administering the regulations pertaining
to renewable energy systems on residentially zoned properties.
2.
To vary the regulations for renewable energy systems on residentially
zoned properties contained in this Chapter, the City Council shall
make a finding of fact based upon the evidence presented to it in
each specific case, showing that all of the following conditions exist:
a.
That the conditions upon which the requested variation is based
will result in a particular hardship upon the appellant, as distinguished
from a mere inconvenience, if the strict letter of the regulations
were carried out.
b.
That the conditions upon which the requested variation is based
are not generally applicable to other property or similar activities
in the City.
c.
That the alleged difficulty or hardship has not been created
by any person acquiring or holding an interest in the property since
the adoption of this Chapter.
d.
That the granting of the variation will not endanger the public
safety or be detrimental to the public welfare or substantially injurious
to other property or activities in the neighborhood in which the property
is located.
3.
The City Council may impose such conditions and restrictions
upon the premises benefited by a variation as may be necessary to
prevent injurious effects therefrom upon other property or activities
in the neighborhood and to better carry out the general intent of
the regulations.
4.
In the event that any application of appeal or variance from
the regulations for renewable energy systems on residential properties
contained in this Chapter is denied by the City Council, a reapplication
concerning the same property or site shall not be accepted until six
(6) months following the date of final action by the City Council
on the original application has elapsed, unless it can be shown to
the satisfaction of the City Engineer or his designated representative
in administering such regulations that:
[Ord. No. 14-16 §1, 6-18-2014]
A.
Solar, ground source heat pumps and small wind energy systems lawfully
installed and operable on residentially zoned property prior to the
effective date of this Section of the City Code are exempt from the
requirements herein unless:
1.
The solar, ground source heat pumps or small wind energy system
is moved to another location on the property, enlarged, or replaced
with a new system; or
2.
Any other work or alteration is done to the existing solar,
ground source heat pumps or small wind energy system that requires
a building permit and zoning certificate from the City.
[Ord. No. 14-16 §1, 6-18-2014]
All renewable energy systems must be maintained and kept in
a state suitable for immediate operation. Any renewable energy systems
that are noticeably in disrepair for a period exceeding six (6) months
without repair or restoration procedures substantially underway shall
be removed from the property and the structure and/or site restored.
[Ord. No. 14-16 §1, 6-18-2014]
This Chapter and the requirements thereof shall be subject to
the procedures for violations contained in Chapter 500.120 of the
City Code.
