A. Purpose: The purpose of this section is to establish general guidelines for the location and operation of wind and solar energy systems and associated equipment. The intent of this section is to balance the need for clean, renewable energy with the necessity to protect the health, safety and general welfare of the community. The city finds these regulations are necessary to ensure that renewable energy systems are appropriately designed, sited and installed.
B. General Regulations.
1. Restriction on Use of Electricity Generated. Energy generated by renewable energy systems shall be used exclusively to supply electrical power for on-site consumption, except that when a parcel on which a renewable energy system is installed also receives electrical power supplied by a utility company, excess electrical power generated and not presently needed for on-site use may be used by the utility company in accordance to state of Iowa and local utility company requirements.
2. Interconnection. The renewable energy systems shall meet the requirements for interconnection and operations as set forth by MidAmerican Energy and the Iowa Utilities Board. No building permits shall be issued until the applicant has provided a copy of an executed interconnection agreement. Off-grid systems shall be exempt from this requirement.
3. Lighting. Lights shall not be permitted on any renewable energy system unless specifically required and permitted by the Federal Aviation Authority or other federal or state agencies, and the City.
4. Signage. No advertising or signage other than required safety signage and equipment labels shall be permitted on any renewable energy system. No temporary signage shall be permitted to be mounted or otherwise affixed to any renewable energy system. One sign, limited to four (4) square feet, shall be posted at or near the base of any ground mounted solar energy system or any wind energy system. The sign shall include a notice of no trespassing, a warning of high voltage (if applicable), and the phone number of the property owner/operator to call in case of emergency.
5. Maintenance. Facilities shall be well maintained in an operational condition that poses no potential safety hazard. Should the renewable energy system fall into disrepair and be in such dilapidated condition that it poses a safety hazard or would be considered generally offensive to the senses of the general public, the system may be deemed a public nuisance and may be abated in accordance with Section 5-6 of this code.
6. Noise. No renewable energy system shall emit sound exceeding the requirements established in Section 5-8 of this code.
7. Electromagnetic Interference. All renewable energy systems shall be designed and constructed so as not to cause radio and television interference. If it is determined that the system is causing electromagnetic interference, the operator shall take the necessary corrective action to eliminate this interference including relocation or removal of the facilities, subject to the approval of the appropriate city authority. A permit granting a renewable energy system may be revoked if electromagnetic interference from the system becomes evident.
8. Removal. If the renewable energy system remains nonfunctional or inoperative for a continuous period of one year, the system shall be deemed to be abandoned. The owner/operator shall remove the abandoned system at their expense. Removal of the system includes the entire structure, collector panels, and related equipment from the property. Should the owner/operator fail to remove the renewable energy system, the system will be considered a public nuisance and will be abated in accordance with Section 5-6 of this code.
9. Nonconforming Systems. A renewable energy system that has been installed on or before the effective date of this section, is in active use, and does not comply with any or all of the provisions of this section shall be considered a legal nonconforming structure and will be regulated by the provisions noted in Section 11-4-3 of this title.
C. Wind Energy Systems. The following criteria will be applied consistently to all small wind energy conversion system (SWECS) providers that request a permit:
1. Special Use Permit Requirements: An SWECS shall only be allowed as an accessory structure to a permitted principal use and shall require special use permit approval from the board of adjustment prior to construction, installation, and operation.
As a condition of approval of the special use permit, the applicant shall execute an SWECS operations agreement which shall be recorded by the appropriate county recorder’s office. The agreement will memorialize the responsibilities of the property owner and allow the city to access the property in order to remove the SWECS if the property owner does not comply with this section.
The board of adjustment may review the issuance of a special use permit at any time if a previously approved system does not comply with the rules set forth in this section and/or the conditions imposed by the board of adjustment. The owner/operator of the SWECS shall obtain all other permits required by federal, state, and local agencies prior to construction and operation of the system.
2. Construction Permits: Applications for the construction of an SWECS shall be accompanied by standard drawings of the wind turbine, including the tower, base, and footings. An engineering analysis, certified by an Iowa licensed professional engineer, shall be provided demonstrating that the tower is compliant with the applicable building code. For roof mounted structures, an engineering analysis, certified by an Iowa licensed professional engineer, shall be provided demonstrating that the mounting method is compliant with the applicable building code.
Applications shall also be accompanied by a line drawing of the electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the electrical code. All electrical components must be listed as meeting code recognized test standards.
3. Bulk Regulations:
a. Minimum Lot Size. Minimum lot size for a tower mounted SWECS or building mounted SWECS shall be one acre.
b. Setback Requirements:
i. Tower mounted SWECS shall be set back from all property lines a distance of at least one hundred fifty percent (150%) of the wind energy system (WES) total height.
ii. Building mounted SWECS shall be set back in accordance with the applicable building setback requirement for the zoning district. In no case shall a building mounted SWECS be located closer than fifteen feet (15') from a property line.
c. Maximum Height:
i. Tower mounted SWECS shall have a maximum WES total height of sixty feet (60') for all lots.
ii. Building mounted SWECS may be a maximum of ten feet (10') higher than the primary point of attachment to the building on which they are attached.
d. Number of Systems Allowed:
i. No more than one SWECS may be installed on any parcel zoned R-1, R-2, R-5 or TC-2.
ii. No more than two (2) SWECS may be installed on any parcel zoned C-1, C-2, C-3, C-4, C-5, M-1, M-2, TC-1, TC-3 or TC-4.
iii. Building mounted SWECS shall be prohibited on any parcel zoned R-1, R-2 or R-5.
e. Location:
i. Tower mounted SWECS shall be located entirely in the rear yard on any parcel.
ii. No part of an SWECS shall be located within or over a drainage, utility or other established easements, parking, driveway, sidewalk, or on or over property lines.
4. Tower and Equipment Standards: SWECS and associated equipment shall meet the following design standards:
a. Only monopole towers shall be permitted for tower mounted SWECS. Lattice, guyed or towers of any other type shall not be permitted. The monopole tower must be designed to prevent climbing within the first ten feet (10').
b. The SWECS shall be painted a non-contrasting gray/sky blue or similar color that would minimize its visibility, unless otherwise required by the Federal Aviation Administration. The surface shall be nonreflective.
c. A privacy screen fence eight feet (8') in height shall surround the SWECS and any equipment structure in commercially or industrially zoned properties. A six-foot (6') privacy fence enclosing the rear yard of a residentially zoned property shall be deemed appropriate to address this provision.
d. All SWECS shall be equipped with manual and automatic overspeed controls to limit the blade rotation speed to within the design limits of the wind energy conversion system. The control system shall be capable of stopping all turbine rotation in the event of a power outage in order to prevent back feeding of the electrical grid.
e. No SWECS shall be installed in any location where its proximity with existing fixed broadcast, retransmission, or reception antenna for radio, television, or wireless phone or other personal communication systems would produce electromagnetic interference with signal transmission or reception. If it is determined that the SWECS is causing electromagnetic interference, the operator shall take the necessary corrective action to eliminate this interference including relocation or removal of the facilities, subject to the city of Clive.
f. The enactment of this section does not constitute the granting of an easement by the city. The owner/operator shall obtain covenants, easements, or similar documentation to assure sufficient wind to operate the SWECS. unless adequate accessibility to the wind is provided by the site.
g. No SWECS shall be installed and operated in a manner that causes a shadow flicker to fall on any occupied adjacent structure.
5. Owner Responsibilities:
a. The property owner of any SWECS shall maintain such system in a safe and attractive manner, including replacement of defective parts, painting, cleaning, and other acts that may be required for the maintenance and upkeep of the function and appearance of such a system.
b. At least every twenty-four (24) months, every tower mounted SWECS shall be inspected by an expert who is regularly involved in the maintenance, inspection and/or erection of towers. At a minimum, this inspection shall be conducted in accordance with the tower inspection checklist provided in the Electronics Industries Association (EIA) standard 222, “Structural Standards For Steel Antenna Towers And Antenna Support Structures”. Inspection record shall provide verifiable proof of ongoing energy production. A copy of the inspection record shall be provided to the city of Clive.
Any SWECS that is not operated for a continuous period of one hundred eighty (180) days shall be considered abandoned and shall be removed within thirty (30) days. Removal of the system includes the entire structure including foundations, transmission equipment and fencing from the property. If the abandoned SWECS is not removed in the specified amount of time, the city may remove it and recover its costs from the property owner.
Operation of a wind energy system includes, but is not limited to, the actual production of measurable energy. Wind energy systems that function mechanically but no longer produce energy shall be considered abandoned.
c. The owner/operator of a wind energy conversion system must demonstrate adequate liability insurance. Upon the granting of a permit, applicant shall assume full responsibility for any and all damages, claims, expenses, liabilities, judgments and costs of any kind, including reasonable attorney fees related to or caused by the erection, location, use, or removal of a facility, whether on public or private property, and shall agree to hold the city harmless, indemnify and defend it from all such liabilities incurred or judgments entered against it as a result of the erection, location, use or removal of the facility.
D. Solar Energy Systems. No solar energy systems (SES) shall be installed within the City of Clive without first obtaining a building permit. The following criteria will be applied consistently to all solar energy system providers that request a permit:
1. Engineer Certification: Applications for any SES shall be accompanied by standard drawings of the receiving structure if newly constructed, including the supporting frame and footings. For systems to be mounted on existing buildings, an engineering analysis showing sufficient structural capacity of the receiving structure to support the SES per the applicable code regulations, certified by an Iowa licensed professional engineer shall be submitted.
2. Color. The SES shall be a neutral color. All surfaces shall be nonreflective to minimize glare that could affect adjacent or nearby properties. Measures to minimize nuisance glare may be required including modifying the surface material, placement or orientation of the system, and if necessary, adding screening to block glare.
3. Building integrated and building mounted systems shall be allowed in all zoning districts.
a. Location. Placement of building integrated SES and building mounted SES systems shall adhere to all local fire and building code regulations.
b. Height.
i. The collector panel surface and mounting system shall not extend higher than eighteen inches (18") above the roof surface of a sloped roof.
ii. For building mounted SES, the collector panel must match roof slope whenever possible. For building integrated SES, the collector panel shall maintain a uniform profile or surface with the building’s vertical walls, window openings, and roofing.
c. Design. The SES shall be designed to minimize their visual presence to surrounding properties and public rights-of-way. Panel arrangement shall take in account the proportion of the roof surface and place the panels in a consistent manner without gaps unless necessary to accommodate vents, skylights or equipment.
4. Ground mounted systems shall not be allowed in zoning districts R-1, R-2, R-4, R-5. In no case shall a ground mounted SES be installed on a lot developed with a single-family residence.
a. Special Use Permit Requirements: An SES shall only be allowed as an accessory structure to a permitted principal use and shall require special use permit approval from the Board of Adjustment prior to construction, installation, and operation.
As a condition of approval of the special use permit, the applicant shall execute an SES operations agreement which shall be recorded by the appropriate county recorder’s office. The agreement will memorialize the responsibilities of the property owner and allow the city to access the property in order to remove the SES if the property owner does not comply with this section.
The Board of Adjustment may review the issuance of a special use permit at any time if a previously approved system does not comply with the rules set forth in this section and/or the conditions imposed by the Board of Adjustment. The owner/operator of the SES shall obtain all other permits required by federal, state, and local agencies prior to construction and operation of the system.
b. Bulk Regulations.
i. Height. Maximum height of the ground mounted SES shall not exceed ten feet (10') in height as measured from existing grade.
ii. Size. Ground mounted SES are restricted in size to no more than fifty percent (50%) of the area of the primary structure(s) footprint. Size of the SES is calculated by measuring the total surface area of the collector panels for the system.
iii. Location. Ground mounted SES units shall be located in side and rear yards only. SES units shall be setback ten feet (10') from side and rear property lines. (Ord. 1098, 1-28-2021)