§ 1292.26 ALTERNATIVE ENERGY SOURCES.
   (a)   Alternative energy sources which, include, but are not limited to, ground source heat pumps (geothermal), solar energy systems, and wind energy systems shall have the following standards and criteria: the applicant shall submit data to the Code Enforcement Office, which establishes that the alternative energy system proposed will have a net energy gain.
   (b)   In addition to standards and criteria for approval of conditional uses set forth in Chapter 1290, the following standards and criteria shall apply to alternative energy conditional use.
      (1)   The applicant shall submit data to establish that the alternative energy system proposed will have a net energy gain.
      (2)   The alternative energy system shall not adversely affect solar access to adjacent properties.
      (3)   The alternative energy system shall comply with all applicable engineering, structural, building, safety and fire regulations.
      (4)   The alternative energy system must comply with all applicable federal and state regulations.
      (5)   The alternative energy system shall not have an adverse impact on the area, including the health, safety and general welfare of occupants of neighboring properties and users of public rights-of-way.
      (6)   The alternative energy system shall require a building permit and any other associated permits and shall be constructed in accordance with the applicable provisions of the International Building Code (IBC) or International Residential Code (IRC) of the prevailing year.
      (7)   Equipment associated with an alternative energy system shall not be installed in the front yard of any lot or the side yard of a corner lot adjacent to a public right-of-way and shall meet all required setbacks for the applicable zoning district.
      (8)   Alternative energy systems shall not encroach on public drainage, utility or right-of-way easements.
      (9)   If an alternative energy system remains nonfunctional or inoperative for a continuous period of one year, the system shall be deemed to be abandoned and shall constitute a public nuisance. The owner shall remove the abandoned system at their expense after a demolition permit has been obtained.
(Ord. 896, passed 12-21-2011; Ord. 1025, passed 5-18-2022)