Attachment

ATTACHMENT #1 Utility Committee Meeting of 01/10/2011 CITY OF DOVER ORDINANCE #2011-01 1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN 2 COUNCIL MET: 3 4 That Appendix B - Zoning, Article 5 – Supplementary Regulations be amended by adding a new 5 section 20 as follows: 6 Section 20. Solar and Small Wind Energy Systems. 7 Solar energy systems and small wind energy systems shall be permitted as accessory uses within 8 all zones subject to the following requirements: 9 20.1Residential Zones 10 11 20.11Solar panels shall be affixed to the roof of the structure and shall not be free-standing 12 structures 13 20.12Small wind energy systems in residential zones shall be subject to the following 14 restrictions: 15 a. Small wind energy systems shall be setback 1.0 times the turbine height from 16 adjoining property line. Turbine height means the height of the tower plus the 17 length of 1 blade. 18 b. The aggregate noise or audible sound of a small wind energy system shall not 19 exceed 5 decibels above the existing average noise level of the surrounding 20 area and shall be restricted to a maximum of 60 decibels measured at any 21 location along the property line to the parcel where the wind system is located. 22 c. Small wind energy systems shall be free from signage, advertising, flags, 23 streamers, any decorative items or any item not related to the operation of the 24 wind turbine. Electric wiring for the turbines shall be placed underground for 25 non-building integrated systems. 26 d. Small wind energy systems shall not be permitted within the H (Historic 27 District) Zone. 28 e. Any small wind energy system shall be visually screened from any properties 29 or structures included on the National Register of Historic Places. 30 31 20.2Non-Residential Zones 32 20.21 Solar energy systems shall be subject to the following restrictions: 33 a. Ground-mounted solar energy systems shall not occupy more than 30 percent of the 34 lot area. 35 b. If ground-mounted solar energy systems are proposed to occupy more than 30 percent 36 of the lot area, their placement shall be subject to conditional use approval by the 37 Planning Commission.

38 c. Ground-mounted solar energy systems shall not be located between the principal 39 structure and the street. 40 d. Solar energy systems, whether roof-mounted or ground-mounted, must comply with 41 all building setback and height requirements for the zoning district where the system 42 is to be installed. 43 20.22Small wind energy systems shall be subject to the following restrictions: 44 a. Small wind energy shall be setback 1.0 times the turbine height from adjoining 45 property line. Turbine height means the height of the tower plus the length of 1 blade. 46 b. The aggregate noise or audible sound of a wind system shall not exceed 5 decibels 47 above the existing average noise level of the surrounding area and shall be restricted 48 to a maximum of 60 decibels measured at any location along the property line to the 49 parcel where the small wind energy system is located. 50 c. Small wind energy systems shall be free from signage, advertising, flags, streamers, 51 any decorative items or any item not related to the operation of the wind turbine. 52 Electric wiring for the turbines shall be placed underground for non-building 53 integrated systems. 54 d. Small wind energy systems shall not be permitted within the H (Historic District) 55 Zone. 56 e. Any small wind energy system shall be visually screened from any properties or 57 structures included on the National Register of Historic Places. 58 59 20.3Decommissioning 60 Solar energy systems and/or small wind energy systems must be maintained and kept in a 61 state suitable for immediate operation. When it can be demonstrated that a solar energy 62 system or small wind energy system as approved in accordance with this section is in a state 63 of disrepair and is not suitable for immediate operation, that System shall be removed and 64 the accessory use terminated. 65 66 BE IT FURTHER ORDAINED: 67 68 That Appendix B – Zoning, Article 12 – Definitions, be amended to add the following 69 definitions: 70 71 Solar energy system – any solar collector or other solar energy device, or any structural design 72 feature, mounted on a building or on the ground, and whose primary purpose is to provide for the 73 collection, storage, and distribution of solar energy for space heating or cooling, for water 74 heating, or for electricity. 75 76 Small wind energy system - a wind energy conversion system consisting of a wind turbine, a 77 tower, and associated control or conversion electronics, which has a rated capacity of not more 78 than 100 kilowatts (kW) and which is intended to primarily reduce on-site consumption of 79 utility-supplied energy. 80 81 SYNOPSIS

82 The proposed ordinance adds solar energy systems and small wind energy 83 systems as accessory uses within all zoning districts; sets standards for these 84 systems to ensure protection of the character of the zones, as well as public 85 health, safety and welfare; and adds definitions for such systems to the Zoning 86 Ordinance.

ATTACHMENT #2 Utility Committee Meeting of 01/10/2011

ATTACHMENT #3 Utility Committee Meeting of 01/10/2011