§ 35-398. Renewable Energy Systems.
(a)
Small Wind Energy Systems.
1.
Applicability. The purpose of this section is to provide standards for small wind energy systems consisting of a wind turbine, a tower, and associated control or conversion electronics, which has a rated capacity of not more than 100kW and which is intended to primarily reduce on-site consumption of utility power.
2.
Site Development Standards:
a.
Setbacks. A fall zone setback shall be established at a distance of 1.25 times the height of the tower from any property line, right-of-way, access easement, fire lane, sign, overhead utility or from another tower used for a small wind energy system. For example, a one hundred-foot tall tower shall be set back one hundred twenty-five feet from the property line or any overhead utility lines. No part of the wind system structure, including guy wire anchors, may extend closer than ten (10) feet to the property boundaries of the installation site. In lieu of the minimum setback distance, a no-build easement may be acquired from adjacent properties to fulfill the distance requirement.
b.
Minimum Lot Size. A minimum of one-half (½) acre is required for use as a small wind energy system.
c.
Heights. Minimum ground clearance of twelve (12) feet for rotor blades or airfoils. For properties less than two acres, total height shall be limited to eighty (80) feet. For properties greater than two (2) acres, there is no limitation on tower height except as imposed by the Federal Aviation Administration (FAA) or City of San Antonio Aviation Department.
d.
Lighting, including lighting intensity and frequency of strobe, shall adhere to, but not exceed requirements established by the FAA.
e.
Signage shall be limited to appropriate warnings and turbine manufacturer and owner on nacelle. Additional signage is prohibited.
f.
On-site power lines shall be buried.
g.
Noise. Small wind energy systems shall not exceed fifty (50) dBA, as measured at the closest neighboring inhabited dwelling. The level, however, may be exceeded during short-term events such as utility outages and/or severe wind storms.
h.
All Municipal Code provisions not specified in this subsection are required, including, but not limited, to tree preservation, traffic impact analysis and historic preservation.
3.
Permitted Use. Small wind energy systems shall be permitted ("P") by right in the following zoning districts C-3, L, I-1, I-2, MI-1, MI-2, O-2, ED, FR, QD and SGD. Small wind energy systems shall require specific use authorization ("S") in all residential base zoning districts and neighborhood preservation districts as well as the following districts: NC, C-1, C-2, O-1, D, RD, UD, MH, MXD, FBZD and TOD.
4.
Submittal Requirements. A building permit is required. Plans shall contain the following:
a.
A plot plan, drawn to scale, of the property indicating the location of all structures, the proposed location of the tower, the distances of the tower to structures on the property as well as distances to the property lines as well as any roads, electric lines and/ or overhead utility lines.
b.
A description of the number, type, name plate generating capacity, tower height, rotor diameter and total height of all wind turbines and means of interconnecting with the electrical grid.
c.
Drawings or blueprints of the tower and the tower footings in conjunction with the application for building permit for a wind system.
d.
Structural engineering analysis of a tower and its foundation.
e.
Manufacturer's recommended installations, if any.
f.
Documentation of land ownership and/or legal authority to construct on the property.
g.
All permits for wind generation facilities shall be routed to the City of San Antonio Aviation Department for review and approval.
5.
Compliance With Other Regulations:
a.
Coordination with the City of San Antonio Aviation Department is required if within the boundaries of the AHOD. In addition, coordination with the Federal Aviation Administration (FAA) required if a tower is taller than two hundred (200) feet or within three and three-quarter (3¾) miles of a commercial runway regardless of height. In such cases, all required forms shall be submitted to the FAA, from which they will make a determination as to whether there will be any restrictions placed on the tower or its location.
b.
Building permit applications for small wind energy systems shall be accompanied by a line drawing of electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the city's adopted electric code. An electrical inspector will inspect and approve of the system before it is allowed to generate.
c.
Interconnection with CPS Energy is required. No small wind energy system shall be installed until evidence has been given that CPS Energy has been informed of the customer's intent to install an interconnected customer-owned generator.
d.
An engineer shall certify that the wind turbine does not interfere with any electromagnetic telecommunications such as radio, telephone, microwaves or television signals.
e.
The City of San Antonio shall not enforce any deed covenants or restrictions regarding wind turbines or generators.
f.
Compliance with City of San Antonio codes not addressed in this subsection is required including but not limited to the building code and electric code.
6.
Discontinuation. A wind turbine shall be considered abandoned after one (1) year without energy production. The property owner shall remove the wind turbine within ninety (90) days of abandonment.
(b)
Solar Farms:
1.
Applicability. The purpose of this subsection is to provide standards for fixed-panel photovoltaic solar farms consisting of ground-mounted solar panels that capture energy from the sun and convert it to electricity. The provisions of this section are based on a ground-mounted photovoltaic facility using a rammed post construction technique and panels that support the flow of rainwater between each module and the growth of vegetation beneath the arrays and limiting the impacts of stormwater runoff. The rammed post construction technique allows for minimal disturbance to the existing ground and grading of the site. Based on the assumed solar farm design, the City of San Antonio finds the use to be low intensity with minimal trip generation, low amounts of impervious cover, and low emission thus the use is compatible in non-urbanized, low-density areas with other agricultural and scattered industrial uses.
2.
Site Development Standards :
a.
Lot coverage: No more than one (1) percent of the gross site area shall be occupied by enclosed buildings and structures.
b.
Setbacks: A thirty-foot side and rear setback shall apply only to the setback area measured from a lot line that abuts a residential use or residential zoning district. The side or rear setback shall be eliminated where the use does not abut a residential use or residential zoning district or the two districts are separated by a public right-of-way.
c.
Height: The average height of the solar panel arrays shall not exceed twelve (12) feet. The height regulations for all other structures are included in the Unified Development Code, Article III Zoning, Table 310-1.
d.
Landscaping Buffer: The primary use of the property shall determine the buffer requirement. Where a ground-mounted photovoltaic solar farm is the primary use the property shall be considered agricultural for the purposes of buffer requirements. There is no requirement for screening from public streets.
e.
Stormwater Management: Fixed panel solar arrays shall be considered pervious and any fee in lieu of detention shall be considered based on impervious cover. The impervious cover calculation shall include the support posts of the panels, any roads or impervious driveway surfaces, parking areas and buildings on the site.
f.
Subdivision: A property developed pursuant to this subsection shall be required to plat however water and sewer connections shall not be required. Suitable fire department access shall be required. Outside of the city limits the county fire marshal shall make the determination of required fire access.
g.
Signage: Signage shall conform to Chapter 28 of the Municipal Code as well as any sign limitations of the zoning district.
h.
Customer owned on-site power lines shall be buried except where connecting to existing overhead utility lines. This requirement shall not apply to fiber optic connections.
i.
Fencing: Due the unique security requirements of this land use, and to facilitate the educational value of seeing this land use, fencing up to eight (8) feet in height is permitted provided the fencing material is predominantly open as defined in Appendix A.
j.
All Municipal Code provisions not specified in this subsection are required including but not limited to tree preservation, traffic impact analysis and historic preservation.
3.
Permitted Use. Ground-mounted fixed-panel photovoltaic solar farms shall be permitted ("P") by right in the following zoning districts: L, I-1, I-2, MI-1, MI-2, ED, RD, FR, QD and SGD. Ground-mounted fixed-panel photovoltaic solar farms shall require a specific use authorization ("S") in the following zoning districts: NC, C-1, C-2, C-3, O-1, O-1.5, O-2, UD, MH, MXD, FBZD and TOD. Ground-mounted fixed-panel photovoltaic solar farms are prohibited in all other residential base zoning districts, neighborhood preservation districts and the D Downtown District.
4.
Submittal Requirements: Building permits are required for solar farms. Plans shall contain the following:
a.
A plot plan, drawn to scale, of the property indicating the total site acreage, landscape and buffer areas, tree preservation, location of all structures, the proposed location of the solar panels, the distances of the solar panels to structures on the property as well as distances to the property lines. The plot plan shall include any roads, electric lines and/ or overhead utility lines.
b.
A description of the electrical generating capacity and means of interconnecting with the electrical grid as coordinated and pre-approved with CPS Energy.
c.
Drawings or blueprints of solar panels and arrays in conjunction with the application for a building permit for a solar farm/solar power plant.
d.
Structural engineering analysis for a solar panel, array and its foundation, as applicable.
e.
Manufacturer's recommended installations, if any.
f.
Documentation of land ownership and/or legal authority to construct on the property.
5.
Compliance With Other Regulations:
1.
Building permit applications for solar farms shall be accompanied by a line drawing of electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the city's adopted electrical code and that has been pre-approved by CPS Energy as meeting their Distribution Generation Requirements and Guidelines.
2.
Within the city limits, an executed interconnection agreement with CPS Energy is required prior to certificate of occupancy. In the ETJ the interconnection agreement shall be provided prior to utility connection.
This subsection does not waive any requirements of the city's building code, electrical code or other technical codes as applicable.
6.
Discontinuation. A solar farm shall be considered abandoned after one (1) year without energy production. The property owner shall remove all solar farm equipment and appurtenances within ninety (90) days of abandonment.
(Ord. No. 2010-11-18-0985, § 2, 11-18-10)