[R.O. 2009 § 464.010; Ord. No. 3348 § 1, 9-26-2013]
The purpose of this Article is to
provide standards for the installation and use of Solar Energy systems
as Accessory Uses. 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.
[R.O. 2009 § 464.020; Ord. No. 3348 § 1, 9-26-2013]
As used in this Article, the following
terms shall mean:
A Solar Energy system that is an integral part of a Principal
or Accessory Building, rather than a separate mechanical device, replacing
or substituting for an architectural or structural component of the
Building, which contributes to the design of the Building, including,
but not limited to, photovoltaic or hot water solar systems contained
within roofing materials, windows, skylights, and awnings.
A Solar Energy system affixed to either a Principal or Accessory
Structure on a Lot.
A Solar Energy system that is not attached to another Structure
and is affixed to the ground.
The component of a Solar Energy system containing the flat
plate or tube or other devices that absorb energy from the sun when
exposed to sunlight.
The Solar Energy Collectors, electronics, disconnect, valves,
and other appurtenances associated with a Solar Energy system.
A Building- or ground-mounted photovoltaic, hot air, or hot
water collector device or other type of energy system, which relies
upon solar radiation as the source for the generation of electricity
or transfer of stored heat.
Where not inconsistent with the language or intent herein, the additional definitions set forth in Section 400.030 are incorporated herein and shall apply.
[R.O. 2009 § 464.030; Ord. No. 3348 § 1, 9-26-2013]
Solar Energy Systems shall be considered
a permitted Accessory Use in all Zoning Districts, subject to the
provisions of this Article.
[R.O. 2009 § 464.040; Ord. No. 3348 § 1, 9-26-2013]
A.
The requirements set forth in this Section
shall govern the construction and/or installation of all Solar Energy
Systems:
1.
Solar Energy Systems, General.
a.
Solar Energy Collectors shall be
located in the least visible location from perspectives outside the
Lot Lines where panels would be reasonably, though not necessarily
optimally, functional.
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 Lots or Streets.
c.
Building-Integrated Solar Energy
Systems shall be allowed regardless of visibility, provided the Building-Integrated
Solar Energy System meets all required Setbacks, height, and use requirements
for the Zoning District in which the Building is located.
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
Lot and are not permitted in the Front Yard of a Lot.
(2)
Ground-Mounted Solar
Energy Systems must have a minimum five-foot Rear Setback and maintain
the same Side Setback as required for the Zoning District in which
they are located.
(3)
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.
(4)
Collectively, all Ground-Mounted
Solar Energy Systems on the Property shall not be greater than one-half
(1/2) the square footage of the footprint of the Principal Structure
or six hundred (600) square feet, whichever is greater.
(5)
Ground-Mounted Solar
Energy Systems must be substantially blocked from public view (including
adjacent Lots and Streets) by Screening, architectural features, or
a 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.
(1)
Building-Mounted Solar
Energy Collectors installed in Residential Districts shall be:
(a)
Installed in the plane
of the roof (flush mounted); or
(b)
Made part of the roof
design (capping or framing compatible with the color of the roof or
Structure); or
(c)
A Building-Integrated
Solar Energy System. Mounting brackets shall be permitted to be placed
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.
(2)
When located on a sloped
roof, Solar Energy Collectors shall be located on a rear- or side-facing
roof, as viewed from the Frontage. In cases of Corner Lots or Lots
with more than one (1) Frontage, the side roof fronting a Street shall
be considered a front-facing roof.
(3)
Solar Energy Systems
shall not project vertically above the peak of a sloped roof to which
it is attached.
(4)
When located on a sloped
roof, Solar Energy Collectors shall be positioned in a symmetrical
fashion and centered on the plane of the roof on which they are located
and set back at least two (2) feet from any outside edge, ridge, or
valley of the roof.
(5)
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
Lot. Ground-Mounted Solar Energy Systems are not permitted in the
Front Yard of a Property.
(2)
Ground-Mounted Solar
Energy Systems must have a minimum five-foot Rear Setback and maintain
the same Side Setback as required for the Zoning District in which
they are located.
(3)
Ground-Mounted Solar
Energy Systems and supporting Structures may not exceed a total height
of twenty (20) feet as measured from the average grade at the base
of the supporting structure to the highest edge of the system.
(4)
Collectively, all Ground-Mounted
Solar Energy Systems located on the Property shall not be greater
than one-half (1/2) the square footage of the footprint of the Principal
Structure.
(5)
Ground-Mounted Solar
Energy Systems must be substantially blocked from public view (including
adjacent Lots and Streets) by Screening, architectural features, or
a 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.
(1)
Building-Mounted Solar
Energy Systems installed in Non-Residential Districts shall be installed:
(a)
In the plane of the
roof (flush mounted);
(b)
Made part of the roof
design (capping or framing compatible with the color of the roof or
Structure); or
(c)
A Building-Integrated
Solar Energy System. 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.
(2)
When located on a sloped
roof, Solar Energy Collectors shall be located on a rear- or side-facing
roof, as viewed from the Frontage. In cases of Corner Lots or Lots
with more than one (1) Frontage, the side roof fronting a Street shall
be considered a front-facing roof.
(3)
Solar Energy Systems
shall not project vertically above the peak of a sloped roof to which
it is attached.
(4)
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.
(5)
Solar Energy Collectors
installed on a flat roof may exceed the Building Height up to five
(5) feet.
(6)
Solar Energy Collectors
installed on the roof-top deck of a covered Off-Street Parking Area
may exceed the height of the exterior wall of the Structure up to
twenty (20) feet if a minimum Setback of five (5) feet from the outside
face of the Structure is provided.
(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.
[R.O. 2009 § 464.050; Ord. No. 3348 § 1, 9-26-2013]
A building permit is required prior
to the installation of any Solar Energy System. The owner of a Solar
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 Facade materials
of the Principal Structure.
[R.O. 2009 § 464.050; Ord. No. 3348 § 1, 9-26-2013]
Any Solar Energy Systems that are
noticeably in disrepair without repair or restoration procedures substantially
underway shall be removed from the Property and the Structure and/or
Property shall be restored.
[R.O. 2009 § 464.080; Ord. No. 3348 § 1, 9-26-2013]
In unusual circumstances arising
from the unique location or character of the proposed location and/or
surrounding 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 Article, the Commission
may recommend and Board may approve an Applicant's request for alternative
standards if in the Commission'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.
A.
Procedure. An application for alternative compliance standards shall be reviewed in accordance with the requirements for a Special Use Permit, as set forth in Section 410.080 of this Code. 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 the design standards of this Article.
B.
Review Criteria. To approve an alternative
approach, the Commission 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.
