§ 153.079 SOLAR AND WIND ENERGY INSTALLATIONS.
   (A)   Purpose. In order to accommodate the renewable energy needs of residents and businesses and enhance the sustainability of local energy production and consumption, while protecting the public health, safety and general welfare of the community, the city finds that these regulations are necessary in order to:
      (1)   Allow property owners the opportunity to capture their on-site solar and wind energy resources;
      (2)   Enhance the economic use of local resources and foster the development of solar and wind energy business within the city; and
      (3)   Minimize adverse visual effects of solar energy installations through careful design and siting standards.
   (B)   Definitions. For the purpose of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      BUILDING INTEGRATED SOLAR. 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. Building-integrated systems include but are not limited to photovoltaic or hot water solar energy systems that are contained within roofing materials, windows, skylights, and awnings.
      GROUND- OR POLE-MOUNTED SOLAR ENERGY SYSTEM. A solar energy system mounted on a rack or pole that rests on the ground or on a foundation, and is not connected to a building except by the electric system.
      ROOF- AND BUILDING-MOUNTED SOLAR ENERGY SYSTEM. A solar energy system mounted on top of the finished surface of a building roof or another component of the finished building surface.
      SOLAR COLLECTOR SURFACE. The surface and framing of a solar collector, excluding the rack, rail, or other device upon which the collector is mounted.
      SOLAR ENERGY SYSTEM. A mechanical or electrical device whose primary purpose is to harvest energy by transforming solar energy into another form of energy or transferring heat from a collector to another medium using mechanical, electrical, or chemical means.
      WIND GENERATOR. An energy facility that consists of one of more wind turbines or other such devices and their related or supporting facilities that produce electric power from wind for onsite use.
   (C)   Required permits.
      (1)   In LR, R-1, R-2, R-2A, R-3, C-1, and I-1 zoned properties, a zoning permit will be required for any installation of a building integrated or roof- and building-mounted solar energy systems.
      (2)   For a ground- or pole-mounted solar energy system, a variance will be required.
      (3)   In LR, R-1, R-2, R-2A, and R-3 zoned properties, wind generator systems are not permitted.
      (4)   In C-1 and I-1 zoned properties, a variance is required for any wind generator system.
   (D)   All wind and solar energy systems cannot cast shadows and/or obstruct solar access or cause wind deflection to a contiguous property. These apparatuses must also meet all other required zoning regulations, including setbacks, height requirements, or any other building requirements.
   (E)   Permitted accessory use.
      (1)   Solar energy systems are required to meet set-back standard for the district in which the systems are located.
      (2)   Building or roof-mounted solar energy systems shall be designed to blend into the architecture of the building, as viewed from the front public right-of-way. Solar energy systems that meet the following design standards shall be in compliance with the visibility requirements:
         (a)   On pitched roofs on a corner lot, roof-mounted systems shall be flush-mounted.
         (b)   The solar collector shall not extend beyond the edge of the finished roof.
   (F)   Restrictions on energy systems.
      (1)   Noise generated by the system shall not exceed 30 decibels, measured at the property line.
      (2)   Operation of the system at the proposed location shall be consistent with reasonable enjoyment of adjacent property.
      (3)   System shall be kept in good repair and sound condition. Upon abandonment of its use, the structure shall be immediately dismantled and removed from the property.
      (4)   System will be so equipped that in the case of a loss of electricity by the city electrical system, the solar system will be shut down and no electricity will be put into the city electrical distribution lines.
      (5)   No homeowners' agreement, covenant, common interest community standard, or other contract between multiple property owners shall prohibit property owners from installing solar energy systems for the capture of direct sunlight.
(Ord. 92, passed 10-18-2022)