The URL can be used to link to this page

Code of Ordinances Amendment - Title 16_Freestanding Solar Array Text Amendment_Hearing Copyright 2014 City of Dubuque Public Hearings # 1. ITEM TITLE: Freestanding Solar Array Text Amendment SUMMARY: Proof of publication on notice of public hearing to consider approval of a request from Greater Dubuque Development Corporation to amend the Unified Development Code to establish an administrative waiver process for free-standing solar arrays. ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by Amending 16-3-11 to establish administrative waiver process for freestanding solar arrays in Residential and Office Districts SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion A ATTACHMENTS: Description Type ZAC letter Staff Memo Applicant Material Supporting Documentation Staff Material Supporting Documentation Ordinance Ordinance Proof of Publication Supporting Documentation Suggested Motion Supporting Documentation Planning Services Department Dubuque City Hall i THE CITY OF 50 West 13wStreet �T T� Dubuque,IA 52001-4864 I I I'r U (563)5894210 phone (563)5894221 fax mn•ma•mq Masterpiece on the Mississippi (563)690-6678 TDD plannin cityofdubuque.org i November 10, 2016 The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 13th Street DubuquelA 52001 Applicant: David Lyons, Greater Dubuque Development Corporation Description: To establish an Administrative Waiver Process for Freestanding Solar Arrays in Residential and Office Zoning Districts Dear Mayor and City Council Members: The City of Dubuque Zoning Advisory Commission has reviewed the above-cited request on November 22, 016. The application, staff report and related materials are attached for your review. This application was modified at the Commission's request after an initial public hearing on October 5, 2016. Discussion The applicant spoke in favor of the request, reviewing the mission of sustainable innovations and how amending the Unified Development Code (UDC) to establish an administrative waiver process for freestanding solar arrays advances the program's goals. The applicant reviewed input they received from solar installers regarding the typical installations for residential properties. Staff reviewed the staff report, noting the process for receiving an administrative waiver for a freestanding solar array larger than 10 feet in height and/or 100 square feet in size. Staff noted that a limit has been included in the draft ordinance of 20 feet in height and 500 square feet in area as requested by the Commission. Staff reviewed that the limits were based on input provided by the Greater Dubuque Development Corporation and solar installers. There were two public comments regarding the text amendment, noting that the proposed administrative waiver notification requirements would not include every property owner who might be impacted by a freestanding solar array. The speakers were not against solar arrays, but didn't believe there was a need to change the current process or size and height limitations. The Zoning Advisory Commission discussed the request, reviewing the process for an administrative waiver, the proposed limits of 20 feet in height and 500 square feet in area, and whether that size was appropriate. Service People Integrity Responsibility Innovation Teamwork The Honorable Mayor and City Council Members Page 2 Recommendation By a vote of 5 to 1, the Zoning Advisory Commission recommends that the City Council approve the request. A simple majority vote is needed for the City Council to approve the request. Respectfully submitted, �14C6 LCOf Thomas Henschel, Chairperson Zoning Advisory Commission Attachments cc: Todd Carr, Building Services Manager Service People Integrity Responsibility Innovation Teamwork THE CITY OF Dubuque City of Dubuque DT TB Planning Services Department lJ I"I Dubuque,IA 52001-4805 Masterpiece on the Mississippi 2012 Phone: 563-589-4210 Fax: 563-589-4221 planningCddWofdubuaue org PLANNING APPLICATION FORM ❑Variance ❑Preliminary Plat ❑Simple Subdivision ❑Certificate of Appropriateness ❑Conditional Use Permit ❑Major Final Plat Alext Amendment ❑Advisory Design Review(Public Projects) ❑Appeal ❑Minor Final Plat Temporary Use Permit ❑Certificate of Economic Non-Viability ❑Special Exception ❑Simple Site Plan ❑Annexation ❑Historic Designation ❑Limited Setback Waiver ❑Minor Site Plan ❑Historic Revolving Loan ❑Demolition in Conservation Districts ❑Rezoning/PUD/ID ❑Major Site Plan []Historic Housing Grant ❑Port of Dubuque Design Review Please type or print legibly in in Property owner(s): Phone: Address: City: State: Zip: Fax#: Cell #: E-mail: Applicant/Agent: a l b�J Phone: J& 3 qq � /� � Address:ll� AJ t�SJ �I Sy2?TCity: State:--4+ Zip: �5-�od/ Fax#: Cell #: E-mail: C-//A Q qLt Site location/address: A ilk Neighborhood Association: IV p Existing zoning: Proposed zoning: District: Landmark: ❑ Yes ❑ No Legal Description (Sidwell parcel ID#or lot number/block number/subdivision): Total property (lot)area (square feet or acres): Describe proposal and reason necessary(attach a letter of explanation, if needed): >4tiu'qrss tts f &CA ks 6F-- �s,�f- R/ S�1121( CERTIFICATION: I/we,the undersigned,do hereby certify/acknowledge that: 1. It is the property owner's responsibility to locate property lines and to review the abstract for easements and restrictive covenants. 2. The information submitted herein is true and correct to the best of my/our knowledge and upon submittal becomes public record; 3. Fees are not refundable and payment does not guarantee approval; and 4. All additional required written and graphic materials are attached. Property Owner(s): Date: Applicant/Agent: Date: FOR OF FIC EUSE 0NLY—APPLICt ON SU ITTALCHECKLIST Fee Cr /�.cv Received by: i Date: '7 8.16 Docket: Greater Dubuque DEVELOPMENT CORP. Schmid Innovation Center October 12, 2016 900)ackson Sc,suite 109 Dubuque,IA,52001 www.greaterdubuque.org City of Dubuque Zoning Advisory Commission Dear Commissioners: Thank you again for the opportunity to present before you on October 5". As you could tell,we believe it is important to the community's environmental and economic future to create the maximum opportunity for local, clean and renewable sources of energy. As we discussed the proposed TextAmendment,it became clear that while there was Commission support for the concept,that the potential for abuse counseled creating some reasonable"limit"to the extent of the waiver available. Based on that conversation I conferred with the installer community and determined the following: • On-site home utilization would normally call for a range of 200 to 400 sq.ft.of array. Even with larger homes with higher demands on the horizon,they did not see a limit of 500 sq.ft. as an impediment or negative message to homeowners and installers. • Viability for home utilization is more about"size" of array than"height", but they noted that there are topographical areas of the community where slope or direction have indicated needed heights of 15 to 16 ft. They did not see a limit of 20 ft. as an impediment or negative message to homeowners or installers. So it would appear that an amendment to the pending request that would create a maximum limitation on the waiver of 500 sq.ft. and 20 ft. height would improve the opportunity for residential solar without creating unforeseen risk. Also, please remember that anything above 100 sq.ft. and 10 ft. height still requires the homeowner to get the written approval of abutting landowners. If concerns exist,the present procedures all remain in place. Please let me know if there is any additional information I can provide, and thank you for your further consideration. Sincerely, David Lyons Rick Dickinson Sustainable Innovations Consultant President& CEO davel@greaterdubuque.org rickd@greaterdubuque.org To: Dubuque Zoning Advisory Commission From: Greater Dubuque Development Corporation (In consultation with and support o% (J BlueSky Solar, Eagle Point Solar and Solar Planet) \\ Re: Sustainable Innovations—Solar in Dubuque—Request for Administrative Waiver Process Date: 8/21/16 Background on Sustainable Innovations. Greater Dubuque Development and the City of Dubuque have partnered to develop Sustainable Innovations. The mission of Sustainable Innovations is to create, foster and prioritize the integration of the best opportunities to improve the sustainability and resiliency of Greater Dubuque with the best opportunities for continued economic growth and improved quality of life. It builds on the work of Greater Dubuque Development's private sector initiatives, collaborates with the City of Dubuque's Sustainable Dubuque* activities, expands the private and public sector expertise available to analyze and recommend action on the region's best opportunities and engages all sectors of the community to educate, advocate and innovate. An early focus of Sustainable Innovations has been on energy. The vast majority of Dubuque energy is now imported and continues to come primarily from high carbon sources such as coal and oil ... therefore providing a fertile area for improved economic, environmental and quality of life outcomes. To establish priorities within the range of energy opportunities available in Dubuque Sustainable Innovations applied the following six part test: • Does it support Sustainable Dubuque strategy? • How significant is it in size/impact? • What would be the costs to pursue? • How achievable is it within relevant timeframes? • How well do the community's assets(public and private) align with such an effort? • How well does it leverage other value criteria (such as creation of jobs, support of local industry, engagement of citizens, improved quality of life, etc) Using that analysis matrix,the following areas were selected as the top priorities in energy: • Energy efficiency and conservation. Given the highest priority due to relatively low cost/high return/immediate availability nature of the option. A comprehensive strategy is in place to pursue this priority. • Biogas and BioCNG. Selected as second highest priority due to unique existing infrastructures in place and high volume of immediately available methane for beneficial use conversion. Strong progress has been made toward implementing a comprehensive biogas strategy. • Solar. Is the next highest priority area (more detail below) • Hydro-electric. Although the opportunity has a very high score due to its size and alignment with community needs/assets,the relatively high financial and long process barriers it would face counsel additional research and development work. Sustainable Innovations has implemented an early research collaboration to further refine planning and prioritization in this a rea. • Wind. Although certainly an available and economic asset, Dubuque demographic challenges would provide wind with the lowest ranking among priorities at this time. Solar as a Priority. Drilling down into solar, an extensive effort is underway to create a comprehensive strategy for pursuing the priority for development in Dubuque. The initial goals outlined for the solar strategy include, but are not limited to: • Increased economic activity for Dubuque from local energy production. • Support from the incumbent electric utility(Alliant Energy)for solar innovation and investment in Dubuque. • Reduction of barriers/improvement of incentives for local solar developers. • Creation of green power that is priced so that the City can achieve its 50%by 2030 reductions without paying a premium over market. • Keep Dubuque in its national leadership position on sustainability and "boost the brand"for retention and recruitment of industry and workforce. Pursuant to those goals, Greater Dubuque Development undertook to engage Alliant Energy to bring their significant expertise, infrastructure and financial capacity to the developing a utility scale Dubuque solar effort. After extensive discussions it was successful in creating engagement and interest from Alliant Energy in the form of Iowa's largest community solar project. The roughly 26 acre development will occur at two sites, one the old AY McDonald Foundry site at 12`h Street and Hwy 61 and the other a green-field site on the western edge of the community. Pursuant to those goals, Greater Dubuque Development has met with the City and other potential early adopters to accelerate consideration of individual solar projects that can generate sufficient returns to justify individual action.The hope would be to implement such projects in parallel with or closely following the utility scale solar project and in partnership with local solar development and installation companies. Good progress is being made. Also pursuant to the strategic goals,Sustainable Innovations began analysis and collaboration with local solar installers/developers on the current status of solar process in Dubuque with an eye toward reducing barriers via regulation, process and administrative improvements and improving opportunities i via incentives. Local solar industry and City efforts are underway to reduce the time and cost for residential solar through a number of administrative and regulatory actions,such as establishing an approved solar course (either existing or new)for residential solar which would allow installation without additional permitting processes. Extensive work will continue on these steps, as well as new work undertaken on the additional goals of "pricing" and "brand". Everyone will be encouraged to participate in the upcoming development of a New Comprehensive Plan for the City, which will certainly include its future vision for energy. Likewise,we will remain open and collaborative to new technological opportunities to increase value from locally produced power, including battery storage, "smart" transmission capacity and innovative DG (distributed generation) designs. Request to Zoning Advisory Commission. Recently the City of Dubuque has adopted a set of administrative regulations for ground-mounted solar arrays. While owners can seek approval for non-compliant arrays, it does add to the time and soft costs for solar development in the community and delays the goals of Sustainable Dubuque. While roof- mounted arrays will likely continue to be the majority of permits sought in Dubuque, new technology will allow ground-mounts to become more functional and popular. We would ask that the Zoning Advisory Commission provide a process for an administrative waiver which would be intended to reduce costs and barriers to the installation of freestanding solar arrays in predominately residential areas of the community which are larger than 100 square feet and/or 10 feet in height that are currently allowed by right by the Unified Development Code. It would be available on properties within the R-1, R-2, R-2A, R-3, R-4, OR and OC zoning districts where all abutting property owner(s) have been provided a site diagram indicating the location of the solar installation on the property, its size and height and have agreed to the waiver in writing that they have no objection to the proposed solar installation. The freestanding Solar Array must also comply with the setback requirements for the zoning district in which it will be located. Failure or the inability to obtain all the abutting property owner's signatures will require that the applicant apply to the Zoning Board of Adjustment for a Special Exception. Please let us know what additional needs for information or action you or staff may need. * Sustainable Dubuque is an organized and collaborative approach by and for its citizens. Dubuque has established itself as a regional and national leader in its ability to collaboratively partner to achieve community goals.What Dubuque is achieving collectively today through its Sustainable Dubuque model, is the direct result of the knowledge and understanding that sustainability and resiliency is a balanced approach to long term life quality. It is a rare approach to life quality where no one in the community is excluded...everyone who wants to do so, can participate and contribute.That is what is unique in Dubuque's ability to continue to innovate and transform. Dubuque is a viable, livable, and equitable community.We embrace economic prosperity, environmental integrity, and social/cultural vibrancy to create a sustainable legacy for generations to come THE CITY OF C r Dubuque DUB f �E wi- I ! Masterpiece on the Mississippi 2007.X03'..2013 TO: Zoning Advisory Commission FROM: Kyle L. Kritz, Associate Planner ? x SUBJECT: Amendment to the Unified Development Code to Establish an Administrative Waiver Process for Freestanding Solar Arrays DATE: October 24, 2016 INTRODUCTION The.Zoning Advisory Commission reviewed a request to amend the Unified Development Code (UDC) to establish an administrative waiver process for freestanding solar arrays in residential and office zoning districts at their October 5, 2016 meeting. The Commission tabled the item as the proposal did not have any limit on the size of the array that could be requested. DISCUSSION The applicant has provided a letter to the Commission that summarizes input from solar installers that indicates a typical home installation would normally call for a range of 200-400 square foot of area for a freestanding solar array. The installers also felt that dependent on slope and the direction the array would be facing, a height of 15-16 feet is typically needed for a freestanding solar array. Planning staff has attached a revised draft ordinance that adds language limiting a request for an administrative waiver for freestanding solar arrays to a maximum of 20 feet in height and 500 square feet in area. Larger installations would require a special exception to be reviewed and approved by the Zoning Board of Adjustment. RECOMMENDATION Planning staff recommends that the Zoning Advisory Commission review the information in the attached letter and make a recommendation on the proposed amendment to the Unified Development Code to establish an administrative waiver process for freestanding solar arrays. Enclosure r • yp --�, f x. t dM INN i no x y. G t. YT A �µ ll 1 s�bM:H«1 by Rab�� RcnnG 19so Ava/er, 2d. A7'� ii. z •i(o ZAC- Meet-:..q THE CM OFR Dubuque Du L E an ameticaC 11 Masterpiece on the Mississippi z,U 7. ,2-� , TO: Zoning Advisory Commission FROM: Kyle L. Kritz, Associate Planner 7, SUBJECT: Amend the Unified Development Code to Establish an Administrative Waiver Process for Freestanding Solar Arrays in Residential and Office Districts DATE: September 29, 2016 INTRODUCTION An application for a text amendment to the Unified Development Code has been filed by the Greater Dubuque Development Corporation to allow for an administrative waiver process for freestanding solar arrays in residential districts. This amendment does not remove the current restrictions on freestanding solar arrays in residential districts. BACKGROUND In August 2015, the City Council approved an amendment to the Unified Development Code to restrict freestanding solar arrays in residential and office districts to 100 square foot in size and 10 feet in height. This amendment was submitted by City staff at the request of the Zoning Board of Adjustment as the result of concerns raised by surrounding property owners after the installation of a freestanding solar array they felt was out of character with the residential nature of the area. With this restriction, freestanding solar arrays larger than 10 feet in height and 100 square foot in size require review by the Zoning Board of Adjustment as a Special Exception. As part of the Special Exception process, all abutting property owners are notified by mail of the Zoning Board of Adjustment's public hearing on the proposed request. DISCUSSION Greater Dubuque Development Corporation, in partnership with local solar array installers, is requesting the City establish an administrative waiver process for freestanding solar arrays within residential areas. Their goal is that these projects would not have to go through the Special Exception process, which can take approximately 30 days. The administrative waiver process would closely mirror the Limited Setback Waiver process that was adopted by the City in 1994. Memo to Zoning Advisory Commission Page 2 Planning staff has added the Office Residential and Office Commercial Districts to the requested text amendment as both districts have the same provisions for freestanding solar arrays as residential districts and were included in the August 2015 amendment. The existing Limited Setback Waiver process allows Planning staff to waive a required building setback by up to one-third in residential areas, provided that all abutting property owners sign a waiver that they have no objection to the request. If an applicant cannot obtain all the necessary signatures, an application can still be made for a Special Exception to be granted by the Zoning Board of Adjustment. It is Planning staff's recommendation that if the Zoning Advisory Commission is in favor of establishing an administrative waiver process for freestanding solar arrays in residential and office areas, that the process be as follows: 1) Applicant completes an application form, meets with Planning staff to determine the property owners to be met with, receives copies of the waiver form each property owner must sign, and with the help of Planning staff, prepare a simple site plan. 2) Applicant meets with each property owner reviewing the proposed freestanding solar array installation, including the size, height, and location of the array on the property. 3) Applicant provides documentation that the applicant has met with each property owner about the project, and the property owner's signature has been obtained properly. 4) Planning staff verifies that application is complete. Or, if all signatures have not been obtained, they will assist the applicant in applying for a Special Exception from the Zoning Board of Adjustment. 5) When the application is complete, Planning staff will notify the Building Department that a freestanding solar array permit is approved by the Planning Department. Planning staff would note that while the administrative waiver process does not include a public meeting before the Zoning Board of Adjustment, there is no guarantee that the processing time will be less than going before the Zoning Board of Adjustment for a Special Exception. The applicant will be required to obtain the signatures of all abutting property owners. If the applicant is unable to obtain the signatures needed, the applicant would be able to apply for a Special Exception. RECOMMENDATION Planning staff recommends the Zoning Advisory Commission review the enclosed information, and make a recommendation on the proposed text amendment by the Greater Dubuque Development Corporation to allow an administrative waiver process for freestanding solar arrays in residential and office districts. Enclosures Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St Telephone: 589-4210 Return to: Kevin Firnstahl, City Clerk Address: City Hall- 50 W. 13th St Telephone: 589-4121 ORDINANCE NO. 58-16 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY AMENDING 16-3-11 TO ESTABLISH AN ADMINISTRATIVE WAIVER PROCESS FOR FREESTANDING SOLAR ARRAYS IN RESIDENTIAL AND OFFICE DISTRICTS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code Articles 16-3-11 is hereby amended as follows: 3-11 Administrative Waiver — Freestanding Solar Array A. The purpose of the administrative waiver process for residential freestanding solar array is to facilitate the installation of freestanding solar arrays in residential and office districts while ensuring compatibility with existing development patterns and protecting investments made by surrounding property owners. B. The City Planner shall issue a waiver only for freestanding solar arrays that comply with the following criteria. If the following criteria are not met, then the applicant still has the opportunity to apply for a Special Exception through the Zoning Board of Adjustment. C. Criteria: 1. An administrative waiver for a freestanding solar array is available in the following residential and office zoning districts: R-1, R-2, R -2A, R-3, R-4, OR and OC Districts. Ordinance 58-16 Page 2 2. An administrative waiver is available for a freestanding solar array up to a maximum of 20 feet in height and 500 square feet in area. 3. That all abutting property owner(s), including property owner(s) directly across the street, alley or platted public right-of-way agree to the requested freestanding solar array by signing a waiver form supplied by the Planning Services Office. 4. That a site plan depicting the location of the freestanding solar array on the property and its distance to the side and rear property lines shall be prepared by the applicant, reviewed for completeness by the Planning Services Office staff. 5. That an elevation rendering of the freestanding solar array indicating maximum height and width of the installation shall also be prepared by the applicant, reviewed for completeness by Planning Services Office. 6. The applicant shall meet with each property owner and review with them the site plan and elevation rendering for the proposed solar array installation. Each property owner will need to agree to the proposal by signing a waiver form. D. Planning Staff will verify that the application is complete, that all waiver forms are signed, have the applicant sign before a Notary that they met with all the neighboring property owners and received their signatures, and notify the Building Services Department that an administrative waiver has been approved. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 21st day oNovember, 2016. �I ,/) Roy D. Buolayor Attest: Kevi ' . Firnstahl, City erk STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation,publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper , on the following dates: November 11, 2016, and for which the charge is $18.33. i I� ;I CITY OF DUBUQUE, IOWA OFFICIALNOTICE NOTICE 1S HEREBY I GIVEN that the Dubu- ' que City Council will conduct,a public hear- Subscribed to before me, a otary Public in and for Dubuque County, Iowa, ing ata meeting to this 14M day of ,�/ 20 /wl commence 600 P.M. on November 21,2016,: in the Historic Federal Building Council Cham- bers (second floor), 350 West 6th'Street,on y thefollowipg:" Text Amepdment Request from Greater' Dubuque,,.Developmept ' Corpopationi to amend ftthwj Urufi®! .,Develop-_:� Notary Public in and for Dubuque County, Iowa. men-Mod€',tb'establith an . administrative waiver process for free-standing solar ar= rays. Written comments re- garding the above pub- lic•hearings may be I submitted to the City, Clerk's Office 50 W 1 13th St., Dubuque IA �B f$(,Y:'�:STERrMUYER 52001 on or before said Commission PdOmber 1648Sa time of public hearing. t. At said time and place +te r My Comm Exp rEii 1 ` f7 of public hearings all interested citizens and parties will be given an opportunity to be heard for or against said actions. Copies of supporting documents for the pub- lic hearings are on file in the City Clerk's'Of- fice, City Hall, 50 W. 13th Street,"Dubuque, and may be viewed' during regular working Hours. Any visual or hearing impaired , persons needing special'assis- tance or persons with special t'accessibility needs should contact the City Clerk's'office at (563) 589-4100 or TTY (563) 690-6678.at least 48 hours prior to the meeting'.: Kevin S.Firnstahl, CMC,City Clerk It 31/11 Planning Services Department City Hall 50 West 13th Street Dubuque, IA 52001-4864 (563) 589-4210 phone (563) 589-4221 fax (563) 690-6678 TDD planning@cityofdubuque.org David Lyons Greater Dubuque Development Corporation 900 Jackson St, Ste 120 Dubuque IA 52001 Dubuque bald ableglOa C 2057'•N71.2t71J RE: City Council Public Hearing —Text Amendment Dear Applicant: Masterpiece on the Mississippi November 7, 2016 The City Council will consider your text amendment for freestanding solar arrays at a public hearing on Monday, November 21, 2016. Please attend this meeting, or send a representative to the meeting in your place to present your request and answer questions. City Council meetings begin at 6:00 p.m. in the City Council Chamber, 2nd Floor, Historic Federal Building (Post Office), 350 W. 6th Street, Dubuque, Iowa. Please contact the Planning Services Department at (563) 589-4210 if you need more information or have any questions. Sincerely, Kyle L. Kritz Associate Planner Enclosures cc: Kevin Firnstahl, City Clerk Service People Integrity Responsibility Innovation STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: November 25, 2016, and for which the charge is $34.88. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this day of/ p r % , 20 /4. . Notary Public in and for Dubuque County, Iowa. K. WESTERME. scion I.,ho bnr 1E4885 '" IDFFICIAL PUBLICATION ORDINANCE NO. 58-16 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DU- BUQUE CODE OF OR- DINANCES, UNIFIED DEVELOPMENT CODE, BY AMENDING 16-3-11 TO ESTAB- LISH AN' ADMINIS- TRATIVE WAIVER PROCESS FOR .FREE- STANDING SOLAR ARRAYS IN RESIDEN- TIAL AND OFFICE DIS- TRICTS NOW, THEREFORE, BE IT ORDAINED BY THE CITY ' COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That Title 16 of the City of Dubu- que Code of Ordinan- ! ces, Unified Develop- ment Code Articles 16- 3-11 is hereby amend- ed as follows: 3-11 Administrative Waiver - Freestanding Solar Array A. The, purpose of the administrative waiver process for residential freestanding solar ar- ray is to facilitate the installation of free- standing solar arrays in residential and of- fice districts while en- . compatibility with existing develop- ment patterns and pro- tecting `_ investments made by surrounding property- owners. B. The City Planner shall issue a waiver on- ly for freestanding so- lar arrays that comply with the following cri- teria. If the following criteria are not met, then the applicant still has the opportunity to apply for a Special Ex- ception through the Zoning Board of Ad- justment. C. Criteria: 1. An administrative waiver for a freestand- ing solar array is avail- able in •the following' residential and office zoning districts: R-1, R- 2, R -2A, R-3, R-4, OR and OC Districts. 2. An administrative waiver is availablefor a freestanding solar ar- ray up to a maximum of 20 feet in height, and 500 square feet in area. 3. That all abutting property owner(s), in- cluding property own- er(s) directly across the street, alley or plat- ted public right-of-way agree to the requested freestanding solar ar- ray by signing a waiver form supplied by the Planning Services Of- fice. 4. That a site plan de- picting the location of the freestanding solar array on the property and its distance to the side and rear property lines shall be prepared 1 by the applicant, re- I viewed for complete- ness by the Planning 1 Services Office staff. 5. That an elevation rendering of the free- standing solar array in- dicating maximum height and width of the installation shall also be prepared by the ap- plicant, reviewed for completeness by Plan- ning Services Office. 6. The applicant shall meet with each proper- ty owner and review with them the site plan and elevation render- ing for the proposed solar array installation. Each : property owner will need to agree to the proposal by signing a waiver form. D. Planning Staff will verify that the applica- tion is complete, that all waiver forms are signed, have the appli- cant sign before a No-<, tarythat they met with all the neighboring property owners and received their signa- tures, and notify the Building Services De- partment that an ad- ministrative waiver has been approved. ; Section 2. The forego- ing amendment has heretofore been re -I viewed by the Zoning 11 Advisory Commission of the City of Dubuque, Iowa. Section 3. This ordi- nance shall take effect' immediately upon pub- lication, as provided by law. Passed, approved and adopted this 21st day of November, 2016. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 25th day of November, 2016. /s/Kevin S. Firnstahl, City Clerk alt 11/25