(A) Permitted accessory use. The following solar energy systems shall be allowed as an accessory use in all zoning districts within the village limits when used exclusively for non-commercial purposes:
(1) A single ground-mount solar energy system;
(2) Roof-mount solar energy systems; and
(3) Building integrated solar energy systems.
(B) Requirements. Solar energy systems under this section shall be subject to the following requirements.
(1) Height. The following height requirements shall be met:
(a) Building or roof-mounted solar energy systems shall not exceed the maximum allowed height in their respective zoning district; and
(b) Ground-mounted solar energy systems shall not exceed ten feet in height when oriented at maximum tilt.
(2) Set-back. All minimum set-back requirements for the zoning district in which the solar energy system is in use must be satisfied, in addition to:
(a) Roof- or building-integrated solar energy systems shall not extend beyond the exterior perimeter of the building on which the system is mounted or built;
(b) Ground-mounted solar energy systems shall not extend into the side yard or rear setback when oriented at minimum design tilt; and
(c) No ground-mounted solar energy systems shall be allowed in the front yard of any property zoned for residential use.
(3) Visibility. Solar energy systems shall be designed to blend into the architecture of the building or be screened from routine view from public right-of-ways other than alleys. A solar energy system may be screened from routine view through use of fencing, shrubbery, trees or such other landscaping or building as may be necessary to satisfy the visibility requirements herein. The color of the solar collector is not required to be consistent with other roofing materials. The visibility requirements as set forth herein are subject to the following.
(a) Building-integrated solar energy systems shall be allowed regardless of whether the system is visible from the public right-of-way, provided that the building component in which the system is integrated meets all required set-back, land use or performance standards for the zoning district in which the building is located.
(b) Roof-mounted solar energy systems shall be allowed regardless of whether the system is visible from the public right-of-way, provided that the highest finished pitch is no steeper than the roof pitch on which the system is mounted, and shall be no higher than 12 inches above the roof.
(c) Solar energy systems using a reflector to enhance solar production shall minimize glare from the reflector affecting adjacent or nearby properties.
(4) Glare.
(a) Solar energy systems shall be designed, constructed and sited to minimize or prevent glare and/or reflections on adjacent properties and roadways, and shall not materially and negatively impact the use thereon.
(b) A solar energy system shall not interfere with traffic, including air traffic, or otherwise create a safety hazard. In the event that reasonable glare and/or reflection concerns are raised within the village, the owner will take actions to address those concerns, including, but not limited to, additional screening or otherwise modifying the solar energy system.
(5) Miscellaneous.
(a) Roof-mounted solar energy systems, excluding building-integrated systems, shall allow for adequate roof access for firefighting purposes to the roof upon which the panels are mounted.
(b) Ground-mounted systems shall not exceed half the building footprint of the principal structure, and shall be exempt from impervious surface calculations if the soil under the collector is not compacted and maintained in vegetation. Foundations, gravel or compacted soils are considered impervious.
(c) Solar energy systems on buildings within designated historic districts or on locally designated historic buildings (exclusive of State or Federal historic designation) must be consistent with the standards for solar energy systems on historically designated buildings published by the United States Department of Interior.
(d) Electric solar energy systems must be certified by a third-party for safety, performance and quality through a UL listing or approved equivalent and solar hot water systems must have an SRCC rating.
(e) Solar energy systems shall comply with all applicable local and state building, electric and plumbing codes.
(C) Conditional accessory use. Solar energy systems permitted under division (A) above that demonstrate that the requirements in division (B) above cannot be met without materially diminishing the minimum reasonable performance of the solar energy system, as that term is defined herein, may request a special use permit from the village.
(1) Minimum reasonable performance. The standards for the minimum reasonable performance of certain solar energy systems are as follows:
(a) Fixed-mount active solar energy systems. They should be mounted to face within 45 degrees of south 185 degrees azimuth;
(b) Solar electric (photovoltaic) systems. The solar collectors should have a pitch between 20 and 65 degrees;
(c) Solar hot water systems. The solar collectors need to be mounted at a pitch between 40 and 60 degrees; and
(d) Location of all solar energy systems. The solar energy system should be located where the lot or building has a solar resource, as defined herein.
(2) Special use permit. A special use permit shall be granted, after review by the commission on buildings, regardless of whether the requirements in division (B) above are not met, if the applicant demonstrates that the minimum reasonable performance of the solar energy system is materially diminished and that the following conditions are present:
(a) Safety conditions. The solar energy system must meet all applicable local, state, and federal health and safety standards.
(b) Aesthetic conditions. The solar energy system must be designed to blend into the architecture of the building or be screened from routine view from public right-of-ways other than alleys to the maximum extent possible, while still allowing the system to be mounted for efficient performance.
(c) Non-tracking ground-mounted systems. Pole or ground-mounted solar energy systems must be set back from the property line by a minimum of one foot.
(D) Restrictions on solar energy systems limited. No homeowners’ agreement, covenant, common interest community or other contract between multiple property owners within the village shall prohibit or restrict homeowners from installing solar energy systems. No energy policy statement enacted by a common interest community shall be more restrictive than the village’s solar energy standards.
(Ord. 2018-14, passed 8-6-2018) Penalty, see § 155.999