[Ord. No. 812-14 §I, 9-17-2014]
A.
Report Of Proposed Construction. Regardless of the
value or cost of improvements, any person who contemplates performing
any construction, erection, alteration or modification to an existing
structure within the City must first report the construction, erection,
alteration or modification to designated officials of the City. If
the proposed work does not fall within the guidelines of this Code,
then the applicant must meet all other requirements of the City in
order to obtain a permit.
B.
Valuation Of Improvements By County Assessor. The
designated official of the City shall, on a monthly basis, forward
to the Assessor of the County the name of the applicant and the address
of the building in question to which improvements of less than one
thousand dollars ($1,000.00) are to be made. If the Assessor of the
County determines that such improvements have increased the value
of the building by one thousand dollars ($1,000.00) or more, a notice
shall be sent to the applicant advising of such. Thereafter, the applicant
shall be required to obtain a permit and to have the work inspected
by the Building Inspector. If the Building Inspector determines that
the work was not performed in accordance with all applicable Codes,
the applicant shall cause such work to be redone so as to meet Code
requirements.
C.
Violations — Penalty. Failure to advise the City through its designated officials of plans to perform any erection, construction, alteration or modification, or failure to obtain a permit or to have such work redone as set forth in Subsection (B) of this Section, shall be deemed to be a violation of this Section and shall be punishable by a fine not to exceed five hundred dollars ($500.00).
[Ord. No. 890-18, 5-2-2018]
A.
Purpose.
The purpose of this Section is to balance the need for clean, renewable
energy resources and the necessity to protect the public health safety
and welfare of the community. The City of Byrnes Mill finds these
regulations are necessary to ensure that renewable energy systems
are appropriately designed, sited, and installed. Systems installed
as stand-alone structures are subject to the same restrictions as
an accessory building.
B.
Solar
Panel General Requirements. The provisions of this Section shall apply
to the construction and/or installation of all roof and ground mounted
solar panels as follows:
1.
All accessory panel installations shall provide documentation to
the Planning Department verifying compliance with the renewable energy
requirements.
2.
Solar panels shall be placed such that concentrated solar radiation
or glare shall not be directed onto nearby properties or roadways.
3.
All power transmission lines from a structure or ground mounted solar
energy system to any building structure, or utility pole/line shall
be located underground.
4.
A solar energy system shall not be used to display advertising, including
signage, streamers, pennants, reflectors, balloons, flags, banners
or similar materials. The manufacturers 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.
5.
If a renewable energy system has been abandoned (meaning not have
been in operation for a period of ninety (90) days) or is defective
or is deemed to be unsafe by the Building Code Official, the renewable
energy system shall be required to be repaired by the owner to meet
Federal, State, and local safety standards, or be removed by the property
owner within ninety (90) days. If the owner fails to repair or remove
the defective or abandoned solar energy system, the City may pursue
a legal action to have the system removed at the owner's expense.
6.
Renewable energy system plans require a sealed engineer's drawing.
C.
Solar
Panel Accessory Use.
1.
Roof-mounted solar panels are permitted in all zoning districts as
an accessory use to the principal use of the property and shall conform
as follows:
a.
Solar panels shall be permitted on any pitched roof if the panels
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.
b.
No part of the solar panel shall extend beyond the edge of the roof
unless approved by the Planning Department as an architectural feature,
such as, but not limited to, an awning feature that is integrated
and compatible with the design of the building.
c.
A solar panel shall be permitted to project away from a flat roof
if the solar panels are screened on all four (4) sides from all adjacent
streets or properties with a material that matches or complements
the architecture of the building.
d.
Building-integrated solar panels may be incorporated into any structure
subject to the architectural review criteria of the City Code.
2.
Ground-mounted solar panels are permitted in all zoning districts
as an accessory use to the principal use of the property and shall
conform as follows:
a.
Ground-mounted solar panels and associated mechanical or electrical
equipment shall comply with all building setback and lot coverage
requirements for the zoning district in which the property is located.
b.
Ground-mounted solar panels may not exceed four (4) feet in height.
c.
The area underneath the ground-mounted solar panels shall be well
maintained with the installation of mulch, landscaping rocks, or other
attractive materials.
d.
If a ground-mounted solar energy system is removed, any earth disturbance
as a result of the removal of the ground-mounted solar energy system
shall be graded and reseeded.
e.
Ground-mounted solar panels must be enclosed by fencing to prevent
the general public from coming into contact with the installation
and must include warning signage that includes the name of the owner
and twenty-four (24) hour emergency contact information.
f.
Screening evergreen vegetation along site borders may be required
to minimize visual impact on surrounding neighborhoods.
g.
Ground-mounted solar systems may not be placed in wetlands, flood
plains, or near riverbanks.
h.
Sound emitted by the system may not exceed sixty (60) decibels at
the property line.
i.
The local fire department must receive a copy of the system construction
plan.
D.
Wind
Turbine Systems — General Requirements. The provisions of this
Section shall apply to the construction and/ or installation of all
wind turbine systems, which shall conform as follows:
1.
Wind turbines shall comply with all building setback and lot coverage
requirements for the zoning district in which the property is located.
2.
Building-mounted wind turbines are not permitted.
3.
Wind turbine towers shall be a monopole design unless otherwise approved
by the Planning Department.
4.
All power transmission lines from a wind turbine system to any building,
structure, or utility pole/line shall be located underground.
5.
All wind turbines shall be constructed, operated, and maintained
according to best management practices, including, but not limited
to, an internal governor or braking device which engages at a manufacturer-specified
wind speed intended to ensure the safe operation of the system in
all wind conditions.
6.
Wind turbines 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
7.
Wind turbines shall be painted a non-reflective, non-obtrusive color
such as the manufacturers default color option or a color that conforms
to the environment and architecture of the area in which it is located.
8.
Noise emitted from a wind turbine shall not exceed the noise standards
as established by City Code except wind turbines adjacent to property
used or zoned residential shall not exceed thirty-five (35) dba at
the property line.
9.
Wind turbines shall be sited in a manner that does not result in
significant shadow flicker impacts. "SIGNIFICANT SHADOW FLICKER" shall
be defined as more than thirty (30) hours per year on abutting occupied
building.
10.
Wind turbines shall not interfere with off-site electronic devices
such as, but not limited to, radio, television, and communication
devices.
11.
A wind turbine shall not be used to display advertising including
signage, streamers, pennants, reflectors, balloons, flags, banners
or similar materials. The manufacturers and equipment information,
warning, or indication of ownership is allowed on any equipment of
the solar energy system provided that the signage is not for advertising
purposes.
12.
The minimum distance between the ground and any part of the rotor
blade system shall be a minimum of fifteen (15) feet, unless otherwise
approved by the Planning Department.
13.
Wind turbines shall be designed and installed so as to not provide
step bolts or a ladder readily accessible to the public for a minimum
height of eight (8) feet above the surrounding grade or such step
bolts or ladder is protected from access by a locked panel.
14.
If a renewable energy system has been abandoned (meaning not having
been in operation for a period of ninety (90) days) or is defective
or is deemed to be unsafe by the Building Code Official, the renewable
energy system shall be required to be repaired by the owner to meet
Federal, State, or local safety standards, or be removed by the property
owner within ninety (90) days. If the owner fails to remove or repair
the defective or abandoned solar energy system, the City may pursue
a legal action to have the system removed at the owner's expense.
E.
No wind turbine or solar energy system shall be constructed in any front or side yard area. Setbacks should follow the accessory building ordinance. (Chapter 400, Section 120, No. 9)
F.
Fee
Schedule. The building permit application fee will be two hundred
dollars ($200.00) plus administrative fees.
G.
All
ground mounted solar systems or wind turbine systems must be approved
by the Planning Department.
