[Ord. No. 6191 §1, 2-28-2012; Ord. No. 6793, 1-10-2023]
Renewable energy systems are accessory uses which include solar
energy systems and wind energy systems that provide supplemental energy
to residential, non-residential, and mixed-use buildings.
[Ord. No. 6191 §1, 2-28-2012; Ord. No. 6793, 1-10-2023]
The purpose of this Article is to provide standards for the
installation and use of renewable energy systems as accessory uses
within the City of Clayton. This Article seeks to protect 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 Article provides
a process to facilitate the use of these systems in a manner that
minimizes adverse impacts and the potential for nuisance.
[Ord. No. 6191 §1, 2-28-2012; Ord. No. 6793, 1-10-2023]
A.
Renewable energy systems shall be considered as an accessory use subject to the provisions of this Article. Roof-mounted solar energy systems are a permitted accessory use in all zoning districts. Ground-mounted solar energy systems are a conditional accessory use and shall be considered an accessory structure in all zoning districts subject to the approval of a conditional use permit pursuant to Article VII of this Chapter.
B.
Building-mounted wind energy systems are conditionally permitted in all commercial, service, commercial Planned Unit Development (PUD) or commercial Special Development District (SDD) zoning districts subject to the approval of a conditional use permit pursuant to Article VII of this Chapter; and those which use a freestanding tower shall be considered an accessory structure and are conditionally permitted in the "HDC" High Density Commercial or "S-1" Service zoning districts subject to the approval of a conditional use permit pursuant to Article VII of this Chapter. Wind energy systems are conditionally permitted in residential zoning districts pursuant to the requirements set forth in this Section.
[Ord. No. 6191 §1, 2-28-2012; Ord. No. 6793, 1-10-2023; Ord. No. 6833, 5-9-2023]
A.
The requirements set forth in this Section shall govern the construction
and/or installation of all renewable energy systems:
1.
Solar Energy Systems, General.
a.
Solar energy collectors shall be located to provide the highest
level of functionality and efficiency while being reasonably screened
from perspectives outside the property lines.
b.
Solar energy collectors shall be documented by the manufacturer
as being non-reflective pursuant to recognized engineering standards
showing reflectivity of less than thirty percent (30%) or shall be
placed such that concentrated sunlight or glare shall not be directed
onto nearby properties or streets.
c.
Solar energy equipment must comply with all setback and lot
coverage requirements for the zoning district in which the property
is located.
d.
Building-integrated solar energy systems shall be allowed regardless
of visibility, provided the building-integrated system meets all required
setback, height and land use requirements for the district in which
the building is located and is approved by the Architectural Review
Board.
2.
Solar Energy Systems, Residential.
a.
Ground-Mounted Solar Energy Systems.
(1)
Ground-mounted solar energy systems shall only
be located in the side or rear yard of a property.
(2)
Ground-mounted solar energy systems and supporting
structures may not exceed a total height of ten (10) feet as measured
from the average grade at the base of the supporting structure to
the highest edge of the system.
(3)
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
feature or any combination thereof; provided however, that the screening
shall not be required to be so dense, so tall, or so located as to
render the equipment essentially non-functional.
b.
Building-Mounted Solar Energy Systems.
(2)
Mounting brackets shall be permitted to be placed
parallel on the slope of a rear-facing roof if the applicant can demonstrate
that the existing pitch of the roof would render the solar energy
equipment ineffective or incapable of reasonable operation.
(3)
Solar energy collectors may be located on any roof
face.
(a)
Solar energy collectors located on a front-facing sloped roof
shall be installed parallel to the roof slope and in a manner that
respects the architectural features of the structure including roof
lines, colors, and materials.
(4)
Solar energy systems shall not project vertically
above the peak of a sloped roof to which it is attached.
(5)
When located on a sloped roof, solar energy collectors
shall be set back from any outside edge, ridge, or valley of the roof
as required by the Building and Fire Code as adopted by the City.
(6)
Solar energy collectors installed on a flat roof
must be screened by the use of a parapet or other architectural feature
to screen the view from the street or from ground level on adjoining
properties.
(7)
All exterior electrical or plumbing lines must
be painted in a color scheme that matches as closely as possible the
color of the structure and the materials adjacent to the lines when
visible from the street.
3.
Solar Energy Systems, Non-Residential.
a.
Ground-Mounted Solar Energy Systems.
(1)
Ground-mounted solar energy systems shall only
be located in the side or rear yard of a property.
(a)
Through the conditional use permit process, the
Plan Commission and Board of Aldermen may consider the location of
ground-mounted solar in a front yard when:
(i)
Such installation would increase the function or
efficiency of the energy system.
(ii)
The installation is located a minimum of five
(5) feet from a front property line or right-of-way.
(iii)
The installation is incorporated in a landscaped
area to the maximum extent feasible.
(iv)
The screening materials and design shall be approved
by the Architectural Review Board.
(2)
Ground-mounted solar energy systems and supporting
structures may not in total exceed the accessory structure height
limitations for the zoning district in which the property is located.
In commercial districts with no such requirement, a maximum height
of twenty (20) feet is hereby established. Height shall be measured
from average grade at the base of the supporting structure to the
highest edge of the system.
(3)
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
feature 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.
b.
Building-Mounted Solar Energy Systems.
(2)
Mounting brackets shall be permitted if the applicant
can demonstrate that the existing pitch of the roof would render the
solar energy equipment ineffective or incapable of reasonable operation.
(3)
Solar energy collectors may be located on any roof
face.
(a)
Solar energy collectors located on a front-facing sloped roof
shall be installed parallel to the roof slope and in a manner that
respects the architectural features of the structure including roof
lines, colors, and materials.
(4)
Solar energy systems shall not project vertically
above the peak of a sloped roof to which it is attached.
(5)
When located on a sloped roof, solar energy collectors
shall be set back at least two (2) feet from any outside edge, ridge,
or valley of the roof.
(6)
Solar energy collectors installed on a flat roof
may exceed the height of the building up to five (5) feet, except
for buildings located in the High Density Commercial (HDC) District
or "S-1" Service District and measuring at least seventy-five (75)
feet tall or five (5) stories, whichever is less, for which no height
restriction above the roof is required.
(7)
Solar energy collectors installed on the roof-top
deck of parking facilities may exceed the height of the exterior wall
of the structure up to twenty (20) feet if a minimum step-back of
five (5) feet from the outside face of the structure is provided.
(8)
All exterior electrical or plumbing lines must
be painted in a color scheme that matches as closely as possible the
color of the structure and the materials adjacent to the lines when
visible from the street.
4.
Wind Energy System, General.
a.
Wind energy systems are permitted on any non-residentially-zoned
property, except that building-integrated or roof-mounted wind energy
systems are permitted for schools, universities, parks and other institutional
uses located within a residential zoning district on a property containing
at least five (5) acres subject to the requirements of this Section.
b.
Ground-mounted wind energy systems affixed to a monopole tower are permitted only in the "HDC" High Density Commercial or "S-1" Service Zoning Districts and shall be subject to site plan review pursuant to Article VIII of this Chapter.
c.
Noise shall not exceed St. Louis County noise ordinance standards
as applicable to the building type. The applicant shall provide noise
rating information at time of application.
d.
A wind energy system shall not be located in the front yard
of property in any zoning district or affixed to the side of a structure
facing the frontage.
e.
No more than one (1) ground-mounted wind energy system may be
installed on any commercially-zoned property. Building-integrated
or roof-mounted wind energy systems shall not be subject to these
limitations.
f.
Wind energy systems shall be painted a neutral color so as to
blend into the surroundings and shall not be bright, reflective or
metallic. Illumination of wind energy systems shall be prohibited,
except as may be required by any State or Federal agency of competent
jurisdiction. No commercial signage or attention-getting device shall
be permitted, except regulatory signage required by any local, State
or Federal agency of competent jurisdiction.
5.
Wind Energy System, Non-Residential.
a.
Height. Ground-mounted wind energy systems and their supporting
structures are limited to a combined maximum height of one hundred
(100) feet (tower-mounted). Roof-mounted wind energy systems shall
not exceed a height of ten (10) feet above the peak roof height, except
as modified through a Planned Unit Development or Special Development
District procedure.
b.
Setbacks. Wind energy systems must meet the principal use and
accessory structure setback requirements of the district in which
they are located if mounted directly on a roof or other elevated surface
of a structure. If the wind energy system is attached to a freestanding
tower, the setback from all property lines shall be a minimum of fifteen
(15) feet. The setback shall be measured from the furthest outward
extension of all moving parts.
[Ord. No. 6191 §1, 2-28-2012; Ord. No. 6793, 1-10-2023; Ord. No. 6833, 5-9-2023]
A.
All applications for a renewable energy system shall require review
and approval by the Architectural Review Board.
1.
The City Manager or his/her designees shall have authority to
provide administrative approval for the following project types or
to refer the projects to the Plan Commission or Architectural Review
Board.
a.
New building-mounted energy systems or modifications to existing building-mounted energy systems that are not subject to additional considerations for historic context per Section 405.3930.
b.
New ground-mounted energy systems or modifications to existing or approved ground-mounted energy systems located in a side or rear yard and not subject to additional considerations for historic context per Section 405.3930.
c.
A variance from the design, setback and connection restrictions for renewable energy systems outlined in Article XXVIII may be granted by the City Manager as part of the administrative approval process if the variance would be in compliance with adopted Building and Fire Codes and when such variance would not likely result in impacts to public safety, health and welfare.
[Ord. No. 6191 §1, 2-28-2012; Ord. No. 6793, 1-10-2023]
Unless otherwise exempted by the Building Official, a building
permit issued by the City of Clayton is required prior to the installation
of any renewable energy system. The owner of a renewable energy system
shall ensure that it is installed and maintained in compliance with
applicable building, fire and safety codes adopted by the City and
any other State or Federal agency of competent jurisdiction. All wiring
associated with a renewable energy system shall be underground or
contained within a raceway that complements the building materials
of the principal structure.
[Ord. No. 6191 §1, 2-28-2012; Ord. No. 6793, 1-10-2023]
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. 6191 §1, 2-28-2012; Ord. No. 6793, 1-10-2023]
A.
In unusual circumstances arising from the unique location or character
of the proposed site and/or surrounding land uses or structures, if
site-specific alternative standards would provide results that are
equal to or superior to those which would be provided by the standards
in this Section, the Plan Commission or Architectural Review Board,
as appropriate depending on the type of development and application
then pending, may approve an applicant's request for alternative
standards if in the body's judgment the purpose of these regulations
will be satisfied and the alternative standards will have no adverse
impact on any other property or unreasonably disturb the peaceful
occupancy of adjoining or nearby property.
1.
Procedure. An application for alternative compliance standards
shall be prepared and submitted in accordance with the submittal requirements
as set forth by the City of Clayton. The proposed alternative standards
shall clearly identify and discuss the modifications and alternatives
proposed and the ways in which the plan will better accomplish the
intent of these design standards than would an approach which complies
with these design standards.
2.
Review Criteria. To approve an alternative approach, the Planning
Commission or Architectural Review Board must find that the proposed
alternative approach accomplishes the intent of these standards equally
well or better than would an approach which complies with these standards
and the alternative standards will have no adverse impact on any other
property or unreasonably disturb the peaceful occupancy of adjoining
or nearby property.
[Ord. No. 6793, 1-10-2023]
A.
Criteria For Review. In review of proposed renewable energy systems,
the following goals and impacts should be considered. The location,
orientation, and design of a renewable energy system shall:
1.
Minimize potential noise and light impacts to adjacent properties
and the public right-of-way.
2.
Provide for a functional and efficient system.
3.
Reflect and incorporate best practices and recommendations for
renewable energy systems based on the context of the site and primary
uses such as residential, commercial, or institutional.
4.
Be compatible with the surrounding context in terms of scale
and materials.
B.
Historic Context.
1.
Properties or structures shall be considered to have a historic
context when:
2.
Projects with a historic context necessitate further consideration
and shall not be eligible for administrative architectural review.
Additional criteria for review of projects with a historic context
shall include:
a.
Installation of a renewable energy system should have minimal
impact on contributing features of the historic context.
b.
Installation of a renewable energy system in a front yard or
on a front facade should be supported by calculations or an energy
audit showing the location as ideal for energy capture compared to
less visible areas of the property or structure.
