City of De Soto, MO
Jefferson County
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Table of Contents
Table of Contents
[Ord. No. 3807 §1, 4-20-2009]
The Chapter provides for the construction and operation of wind energy facilities, commercial wind turbines, small wind turbines and solar energy systems in the City of De Soto, subject to reasonable conditions that will protect the public health, safety and welfare.
[Ord. No. 3807 §1, 4-20-2009]
For the purposes of this Chapter, the following terms shall have the following meanings:
COMMERCIAL WIND TURBINE
A commercial wind energy conversion system which converts wind energy into electricity through the use of a wind-driven turbine generator and when the generator is greater than ten (10) kW.
HUB HEIGHT
The distance measured from the surface of the tower foundation to the height of the wind turbine hub, to which the blade is attached.
MET TOWER
A meteorological tower used for the measurement of wind speed.
OWNER
The individual or entity that intends to own and/or operate a wind turbine or wind energy facility.
SMALL WIND TURBINE
A wind energy conversion system which converts wind energy into electricity through the use of a wind-driven turbine generator when the generator is ten (10) kW or less.
SOLAR ENERGY SYSTEM
Any device or combination of devices or elements which rely upon direct sunlight as an energy source including, but not limited to, any substance or device which collects sunlight for use in:
1. 
The heating or cooling of a structure or building;
2. 
The heating or pumping of water;
3. 
Commercial, industrial or agricultural processes; or
4. 
The generation of electricity.
A solar energy system may be used for purposes in addition to the collection of solar energy. These uses include, but are not limited to, serving as a structural member or part of a roof of a building or structure and serving as a window or wall.
TURBINE HEIGHT
The distance measured from the ground to the blade of a wind turbine extended at its highest point.
WIND ENERGY FACILITY
An electricity generating facility whose main purpose is to supply electricity consisting of one (1) or more wind turbines and other accessory structures and buildings, including substations, meteorological towers, electrical infrastructure, transmission lines and other appurtenant structures and facilities.
WIND TURBINE
A wind energy conversation system that converts wind energy into electricity through the use of a wind turbine generator and includes the nacelle, rotor, tower and pad transformed, if any.
[Ord. No. 3807 §1, 4-20-2009]
Wind energy facility, commercial wind turbines, small wind turbines and solar energy systems are permitted in all zoning categories as a conditional use.
[Ord. No. 3807 §1, 4-20-2009]
A. 
Wind energy facility, commercial wind turbines, small wind turbines and solar energy systems must follow the procedure in Section 405.430 of the City Code pertaining to a conditional use permit. Along with the conditional use permit application, a plot plan must be submitted including the following, if applicable, depending on the type of wind energy system being constructed:
1. 
Property lines and physical dimensions of the property;
2. 
Location of underground utilities;
3. 
Location, dimensions and types of existing major structures on the property;
4. 
Location of the proposed wind system tower or solar energy system;
5. 
The right-of-way of any public road that is contiguous with the property;
6. 
Any overhead utility lines;
7. 
Wind or solar energy system specifications including, if applicable, manufacturer and model, rotor diameter, tower height, tower type (freestanding or guyed), a description of potential impact on nearby properties, including range of noise levels expected;
8. 
Tower foundation blueprints or drawings;
9. 
Tower blueprint or drawing;
10. 
Wiring diagram; and
11. 
Proposed decommission plan.
Upon approval of the conditional use permit, a building permit must be obtained.
[Ord. No. 3807 §1, 4-20-2009]
A. 
The conditional use permit application fee for wind energy facilities, commercial wind turbines, small wind turbines and solar energy systems shall be one hundred dollars ($100.00).
B. 
The building permit application fee for wind energy facilities, commercial wind turbines, small wind turbines and solar energy systems shall be as follows:
Fee for wind energy facility: $1,000.00.
Fee for commercial wind turbine: $1,000.00.
Fee for small wind turbine: $500.00.
Fee for solar energy system: $500.00.
[Ord. No. 3807 §1, 4-20-2009]
The requirements of this Chapter shall apply to all wind turbines and solar energy systems for which a permit was not issued prior to the effective date of this Chapter. Wind turbines and solar energy systems for which a required permit has been properly issued or for which a permit was not required prior to the effective date of this Chapter shall not be required to meet the requirements of this Chapter. However, any such pre-existing wind turbine or solar energy system which does not provide energy for a continuous period of twelve (12) months shall meet the requirements of this Chapter prior to recommencing production of energy.
[Ord. No. 3807 §1, 4-20-2009]
A. 
Wind turbines and solar energy systems shall be painted a non-reflective, non-obtrusive color which shall be preapproved through the conditional use process.
B. 
At wind energy facility sites, the design of the buildings and related structures shall, to the extent reasonably possible, use materials, colors, textures, screening and landscaping that will blend the wind energy facility to the natural setting and the existing environment.
C. 
Wind energy facilities shall not be artificially lighted, except to the extent required by the FAA or other applicable authority.
D. 
Wind turbines and solar energy systems shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the wind or solar energy facility. Any such identification shall not appear on the blades or other moving parts or exceed six (6) square feet per wind turbine.
E. 
All electrical wires associated with a wind or solar energy facility, other than wires necessary to connect the wind generator to the tower wiring, the tower wiring to the disconnect junction box and the grounding wires, shall be located underground.
F. 
All wind-generating devices shall be installed in compliance with the National Electrical Code, NEC 2002, or per the manufacturer's guidelines and the Missouri Power Line Safety Act.
G. 
The Building Inspector may require the stamp of an appropriate certified engineer for structures that he/she shall determine necessary.
H. 
Setbacks. No windmill or solar energy system shall be constructed in any front or side yard area. All other setback requirements shall apply to commercial wind turbines, small wind turbines and solar energy systems as follows:
1. 
Public roads. Each wind turbine and solar energy system shall be set back from the nearest public road and its right-of-way a distance of no less than one and two-tenths (1.2) times its total height.
2. 
Railroads. Each wind turbine and solar energy system shall be set back from all railroads and their right-of-way a distance of no less than one and two-tenths (1.2) times its total height.
3. 
Wind turbine and solar energy systems spacing. Each wind turbine and solar energy system shall have a separation distance from other wind turbines and solar energy systems equal to one and two-tenths (1.2) times the total height of the tallest wind turbine and solar energy system.
4. 
Communication and electrical lines. Each wind turbine and solar energy system shall be set back from the nearest aboveground public electric power line or telephone line a distance no less than one and two-tenths (1.2) times its total height.
5. 
Buffer zone. A buffer zone may be required depending on the location of the wind turbine and solar energy system. The buffer zones can be determined during the conditional use process.
6. 
There shall be no excess noise, vibration, glare, heat or electrical interference and not excessive strain on City service.
I. 
Noise, Electrical And Visual Interference. Setback requirements notwithstanding, no windmill shall be located as to generate excessive noise and/or electrical interference, e.g., radio and television reception on neighboring premises. The facility owner and operator shall make reasonable efforts to minimize shadow flicker to any occupied building on a non-participating landowner's property.
If such interference or excessive noise is created, the Building Inspector, after examination of the complaint, shall be authorized to order cessation of operation of the device. The City Council shall, thereupon, set a date for a duly authorized public hearing. The City Council shall be empowered to order appropriate permanent corrective action or order the permanent cessation of the device.
J. 
Utility Notification. No wind energy system shall be installed until evidence has been given that the utility company has been informed of the customer's intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.
[Ord. No. 3807 §1, 4-20-2009]
Wind energy facilities, commercial wind turbines, small wind turbines and solar energy systems that are out-of-service for a continuous six (6) months will be deemed to have been abandoned and a dangerous building pursuant to Chapter 505. Once a windmill is designated as abandoned, the owner shall be required to immediately dismantle the installation.
[Ord. No. 3807 §1, 4-20-2009]
Whenever in this Chapter any act is prohibited or is declared to be unlawful or an offense or misdemeanor, upon conviction of a violation of any such provision of this Chapter, the violator shall be punished by a fine not exceeding five hundred dollars ($500.00) or by imprisonment for a period not exceeding three (3) months, or by both such fine and imprisonment and the costs of suite, together with judgment for imprisonment, until the fine and costs are paid and satisfied.