[Ord. 6-4-84, 6/4/1984, § 16.01]
The environmental improvements and energy conservation requirements
are designed to recognize the need for conservation of energy and
natural resources and to facilitate the utilization of renewable resources.
Environmental improvements are intended to moderate the effects of
solar radiation, conserve energy, improve air quality, reduce glare
and noise, and control erosion, largely through the planting of trees,
shrubs, and other vegetative cover. Energy conservation requirements
are designed to allow the installation of renewable energy devices
and provide the opportunity for individuals to reduce energy dependence
by encouraging the productive use of solar and wind energy components.
[Ord. 6-4-84, 6/4/1984, § 16.02]
The following terms are specifically defined for use within
this Part:
DENSE SCREEN PLANTING
A landscaped barrier consisting of predominantly (80% or
more) coniferous trees and shrubs, hedges, earth mounding, walls,
or a combination thereof established at a minimum height of six feet.
Such environmental buffer shall provide a solid visual, noise and
pollutant barrier between potentially incompatible uses. Dense screen
plantings shall be at least five feet in width with irregularly spaced
double or triple rows of plants and shrubs to obtain a dense, solid
mass.
ENERGY STORAGE FACILITY
Equipment consisting of containers, heat exchangers, piping,
and other transfer mechanisms (including fluids, gases or solids),
controls, and related structural support for transporting and storing
collected energy (from solar energy systems), including structural
elements designed for use in passive solar energy systems.
INTERIOR ISLAND PLANTING
A durable landscaped planting area located within a vehicular
use area or parking lot. Design and location shall provide shade and
visual separation of parking and pedestrian areas, improve air quality,
and control stormwater runoff from large paved areas. An island or
strip shall be a minimum of 50 square feet in area, at least five
feet in width and contain at least one shade tree, per 40 lineal feet
of island or fraction thereof. Islands of 40 feet or less in length
shall contain at least one shade tree. The remaining area within the
island or strip shall be appropriately landscaped with grass, mulch,
stones, plants, or other materials not exceeding three feet in height.
PASSIVE SOLAR ENERGY SYSTEM
A solar energy system that uses natural and architectural
components to collect and store energy without using any external
mechanical power.
PERIMETER PLANTING
A landscaped planting consisting of trees and shrubs established
at less than three feet or greater than six feet in height, so as
not to interfere with any clear sight triangle. Such planting shall
separate streets and vehicular use areas from parking lots, buildings,
and other interior improvements. Perimeter plantings shall consist
of individual trees or shrubs spaced a maximum of 50 feet apart to
form a linear vegetative border, with grass or ground cover continuously
thereunder.
SCREEN PLANTING
A landscaped planting consisting of a mixture of coniferous
trees or shrubs, shade trees, ornamental trees or shrubs, earth mounding,
hedges or combination thereof established at a minimum height of six
feet. Such planting shall separate and protect uses from noise, odor
and dust, as well as moderating the effects of winter winds and summer
heat. Screen plantings shall be at least three feet in width with
regularly spaced trees and shrubs to obtain a pervious, moderately
dense planting.
SOLAR COLLECTOR
A free standing or fixed device, or combination of devices,
structures, or part of a device or structure that transforms direct
solar energy into thermal, chemical or electrical energy that contributes
significantly to a structure's energy supply.
SOLAR ENERGY
Radiant energy (direct, diffuse and reflected) received from
the sun.
SOLAR ENERGY SYSTEM
A complete design or assembly consisting of a solar energy
collector, an energy storage facility (where used), and components
for the distribution of transformed energy.
SOLAR FARM
A solar energy system or components thereof installed on
land for the sale and distribution of solar energy for the purpose
of commercial gain by the landowner, tenant, or lessee of the subject
parcel.
[Added by Ord. No. 5-2022, 3/21/2022]
SKYSPACE
The open space between a solar or wind collector and the
sun or prevailing wind which must be free of obstructions that may
shade or impede the collector to an extent that would reduce its cost-effective
operation.
WIND ROTOR
The blades, plus hub to which the blades are attached, that
are used to capture wind for the purpose of energy conversion. The
wind rotor is used on a pole or tower along with other generating
and electrical storage equipment and forms a wind energy conversion
system.
[Ord. 6-4-84, 6/4/1984, § 16.03]
1. Environmental and energy-conserving improvements shall be required
for the following:
A. All new subdivisions and developments.
B. All new uses or buildings erected or established, including said
uses or buildings which are to be located on previously subdivided
lots or unsubdivided property.
C. Expansion of all buildings or uses except single and two-family dwellings.
D. To separate commercial, industrial, institutional and other non-residential
uses from adjoining residential uses or residential districts.
E. Around parking lots with 10 or more parking spaces and within the
interior of parking lots with 25 or more parking spaces, including
parking lots expanded beyond these sizes.
F. Areas between parking lots and buildings.
G. Building wall expanses in excess of 75 feet which are exposed to
westerly winds, except singles and two-family dwellings.
[Ord. 6-4-84, 6/4/1984, § 16.04; as amended by
Ord. 1-1999, 8/16/1999, § XXXV]
1. Environmental improvements shall satisfy the following minimum standards:
A. General Standards.
(1)
A minimum of 15% of each developed lot shall be landscaped with
appropriate ground cover or plantings.
(2)
Land areas with slopes in excess of 15% shall be restricted
to the removal of not more than 25% of the total vegetative cover
of the lot, including trees, shrubs and natural ground cover. Where
removal occurs on steep slopes in conjunction with development activities
permitted by this chapter, the steep slopes shall be replanted and
revegetated with similar trees, shrubs and ground cover to obtain
equivalent soil stabilization, moisture retention and protection from
ecological damage.
(3)
Existing plant materials shall be preserved, wherever possible,
during development. Such existing plants shall be credited toward
required plantings. Where topographic, vegetative or engineering features
on or adjacent to the site may provide the desired conservation and
environmental protection, the design plan may be adjusted to credit
use of the alternative protective features, provided the Zoning Officer
approves the design.
(4)
All required trees shall be a minimum 1 1/2 inch caliper
and trees, shrubs and plants shall be disease resistant, saline tolerant,
winter hardy and of a species suitable for this geographic region.
(5)
All landscaping and plantings shall be installed using good
planting procedures, utilizing quality plant material.
(6)
Plantings should not be designed to interfere with southern
exposure to solar radiation.
B. Specific Standards.
(1)
Buffer areas. Dense screen plantings shall be required within
all specified buffer areas. Said plantings shall be centered within
the yard space to provide for growth without infringement upon the
property line.
(2)
Streets. Perimeter plantings shall be required along each side
of all new streets, a maximum distance of 10 feet from the street
right-of-way line. Planting strips of five feet or more in width between
the sidewalk and the street may be approved for perimeter plantings
utilizing appropriate tree species. When divided streets are proposed,
perimeter plantings shall also be required within the median strip.
(3)
Buildings. Screen plantings shall be required, except for residential
buildings, around and along buildings in accordance with the following:
(a)
Parking lots of 10 or more parking spaces shall be a minimum
of 20 feet from the building line of any principal building or structure.
The twenty-foot setback shall contain appropriate screen plantings.
(b)
Building walls over 75 feet in length which face westerly, southwesterly
or northwesterly shall be bordered by a parallel screen planting which
is equal in length to the wall length and is located a maximum of
50 feet from the face of the wall.
[Ord. 6-4-84, 6/4/1984, § 16.05]
1. The use of solar, wind and alternate energy systems is encouraged
within these regulations and permitted within any zoning district.
Although the installation of such systems is not mandatory, where
they are utilized, the following standards shall apply:
A. Active and passive solar systems, wind energy systems and similar
alternate energy systems, including customary energy storage accessories,
shall be permitted for the production, collection, movement, distribution
or storage of heated water, air or other medium which is intended
for conveyance to a principal or accessory building. Systems may include
the following subject to the requirements contained herein:
(1)
Solar panels with a combined glazing area of 65 square feet
or less, provided that:
(a)
The solar panels shall not extend more than five feet into any
required yard when attached to a principal structure; and
(b)
The solar panels shall be a minimum of three feet from any property
line, whether freestanding or attached.
(2)
Solar panels with a combined glazing area in excess of 65 square
feet, provided that:
(a)
Solar panels attached to a principal structure shall comply
with the zoning setbacks prescribed for a principal structure in the
applicable zoning district;
(b)
Solar panels which are freestanding or attached to an accessory structure shall comply with the accessory structure requirements of §
27-1302 of this chapter.
(3)
Solar greenhouses attached to principal structure shall meet all yard requirements for a principal structure in the applicable zoning district. Solar greenhouses attached to accessory structures shall meet all yard requirements specified for accessory structures in §
27-1302 of this chapter.
(4)
Detached solar greenhouses shall meet all yard requirements specified for accessory structures in §
27-1302 of this chapter.
(5)
Wind energy conversion systems, provided that:
(a)
The structure supporting the wind rotor unit shall be located
a minimum distance of the tower height (measured from the ground to
the top of the blade) plus 15 feet from any property line or road
right-of-way. The height of such structure shall not exceed 75 feet.
(b)
Towers may be ground-or-roof-mounted and shall be securely fastened
as per manufacturer's specifications or a demonstrable equivalent
to achieve maximum safety and prevent collapse or fall. Any propeller
or turning device that reacts to wind velocity shall have a governor
to control the speed of revolutions. Such governors may include a
rudder that turns the propeller away from the wind, individually spring-mounted
paddles that turn away from the wind, or other suitable manufacturer's
tested device. Towers shall be locked or secured to prevent unauthorized
access, and in no case shall a permanently mounted ladder be affixed
less than 10 feet from grade level.
2. The provisions set forth in Subsection
1 of §
27-1305 shall apply only to solar, wind and alternate energy systems installed for the benefit of the property owner, with the energy generated being used on-site and not generated for commercial distribution. Energy systems installed for the purpose of generating energy for commercial production, distribution or sale or off-site distribution shall be governed by §
27-1306.
[Added by Ord. No. 5-2022, 3/21/2022]
[Added by Ord. No. 5-2022, 3/21/2022]
1. Solar farms and other solar energy systems or wind energy conversion
systems installed for the commercial production, distribution, or
sale of energy or other off-site distribution shall be permitted only
in the I-1 Industrial Zoning District as a conditional use.
2. The minimum lot size for the establishment of any solar farm or other
commercial solar energy system or wind energy conversion system shall
be 50 acres.
3. The solar panels, wind rotors, and/or other associated structures
of the solar farm or other commercial solar energy system or wind
energy conversion system shall be set back a minimum of 100 feet from
any property line and/or road right-of-way line.
[Ord. 6-4-84, 6/4/1984, § 16.06]
1. The improvements required and permitted within this Part shall be
maintained and protected to assure their environmental benefits. The
following specific requirements shall apply:
A. Maintenance.
(1)
Plantings. All required plantings shall be maintained in a good
condition to present, a healthy, neat and orderly appearance. Such
plantings shall be kept free from refuse and debris. Plants damaged
by insects, disease, vehicular traffic, acts of nature or vandalism
shall be replaced by the next planting period.
(2)
Energy System. Energy systems shall be maintained in a safe
manner. Broken glass or other potentially hazardous conditions shall
be promptly repaired. A disconnected or abandoned energy system shall
be removed from the property within 60 days of such abandonment.
B. Protection.
(1)
Plantings. Required plantings shall not be removed except to
facilitate the planting of acceptable replacement plants. Property
improvements shall be protected at all times by such environmental
plantings and extensive trimming or pruning of the plantings to reduce
or eliminate the protection shall not be permitted.
(2)
Energy System. Where a solar or wind energy system has been
installed, it shall be the responsibility of the property owner to
secure any easements or restrictive covenants necessary to protect
the skyspace affecting the solar and wind system. Such an agreement
shall be negotiated between owners of affected properties, but it
is not a requirement for approval of a Building and Zoning Permit
for the solar and wind energy system.
[Ord. 6-4-84, 6/4/1984, § 16.07]
1. The following factors shall be considered, in addition to those within §
27-2003 of this chapter, when reviewing petitions for Variances to the provisions of Part
13:
A. Variances shall be granted only for minimum relief and not for purely
financial reasons.
B. Variances to planting requirements shall not request relief from
planting height, quality of maintenance.
C. Variances for energy systems shall allow for effective placement
of energy systems, provided the skyspace of adjoining property owners
is not restricted.
D. Variances shall consider the resulting effect on the microclimate
on the property.
E. Variances shall consider possible damage to utilities.
[Ord. 6-4-84, 6/4/1984, § 16.07]
1. Plans. Plans depicting environmental and energy improvements shall be submitted at the time of application for a Building and Zoning Permit. Information may be included on the required plot plan specified in §
27-1803 of this chapter or submitted on a separate plan. In addition to the information required within §
27-1803 of this chapter, plans shall include:
A. Location, size, and species of existing plant material.
B. Delineation of plants to be removed and plants to be retained.
C. Location, planting size, mature size, and species of all plants within
required plantings.
D. Proposed treatment of all ground surfaces (e.g. paving, grass, gravel,
mulch, stone).
2. Building and Zoning Permits. A building and Zoning Permit shall be required for installation, expansion or alteration to any of the environmental improvements and energy systems described within this Part. Applicable procedures of Part
18 of this chapter shall apply during the processing of such permit applications. Where desired, the Zoning Administrator may refer plans to the Soil Conservation Service, the Planning Department Site Review Committee, or to other applicable agencies for review and comment prior to formal action on the permit application.