Solar energy systems may be a permitted accessory use in all zoning districts where structures of any sort are allowed, subject to certain requirements as set forth below, and subject to such agreements reached or conditions imposed by the Board of Zoning Appeals and/or the county executive. Solar carports and associated electric vehicle charging equipment are a permitted accessory use on surface parking lots in all districts regardless of the existence of another building.
(A) Height. Solar energy systems must meet the following height requirements:
(1) Building or roof-mounted solar energy systems shall not exceed the maximum allowed height in any zoning district. For purposes of height measurement, solar energy systems other than building-integrated systems shall be given an equivalent exception to height standards as building mounted mechanical devices or equipment.
(2) Ground or pole-mounted solar energy systems shall not exceed 15 feet in height when oriented at maximum tilt.
(3) Solar carports in non-residential districts shall not exceed 20 feet in height.
(B) Setback. Solar energy systems must meet the accessory structure setback for the zoning district and principal use associated with the lot on which the system is located, as allowed below.
(1) Roof or building-mounted solar energy systems. The collector surface and mounting devices for roof-mounted solar energy systems shall not extend beyond the exterior perimeter of the building on which the system is mounted or built, unless the collector and mounting system has been explicitly engineered to safely extend beyond the edge, and setback standards are not violated. Exterior piping for solar hot water systems shall be allowed to extend beyond the perimeter of the building on a side yard exposure. Solar collectors mounted on the sides of buildings and serving as awnings are considered to be building-integrated systems and are regulated as awnings.
(2) Ground-mounted solar energy systems. Ground-mounted solar energy systems may not extend into the side-yard or rear setback when oriented at minimum design tilt, except as otherwise allowed for building mechanical systems.
(C) Visibility. Solar energy systems in residential districts shall be designed to minimize visual impacts from the public right-of-way, as described in divisions (1) to (3) below, to the extent that doing so does not affect the cost or efficacy of the system, consistent with I.C. 36-7-2-8.
(1) Building-integrated photovoltaic systems. Building integrated photovoltaic solar energy systems shall be allowed regardless of whether the system is visible from the public right-of-way, provided the building component in which the system is integrated meets all required setback, land use or performance standards for the district in which the building is located.
(2) Aesthetic restrictions. Roof-mounted or ground-mounted solar energy systems shall not be restricted for aesthetic reasons if the system is not visible from the closest edge of any public right-of-way other than an alley if the system meets the following standards.
(a) Roof-mounted systems on pitched roofs that are visible from the nearest edge of the front right-of-way shall have the same finished pitch as the roof and be no more than ten inches above the roof.
(b) Roof-mounted systems on flat roofs that are visible from the nearest edge of the front right-of-way shall not be more than five feet above the finished roof and are exempt from any rooftop equipment or mechanical system screening.
(3) Reflectors. All solar energy systems using a reflector to enhance solar production shall minimize glare from the reflector affecting adjacent or nearby properties.
(D) Lot coverage. Ground-mounted systems shall not be subject to the existing lot coverage restrictions for the zoning district.
(E) Historic buildings. Solar energy systems on buildings within designated historic districts or on locally designated historic buildings (exclusive of state or federal historic designation) must receive approval of the local Historic Preservation Commission, or equivalent consistent with the standards of solar energy systems on historically designated buildings published by the U.S. Department of the Interior.
(F) Approved solar components. Electric solar energy system components must have an Underwriters Laboratory (UL) or equivalent listing and solar hot water systems must have a Solar Rating & Certification Corporation (SRCC) or equivalent rating.
(G) Compliance with building code. All solar energy systems shall meet approval of local building code officials, consistent with the State of Indiana Building Code, and solar thermal systems shall comply with HVAC-related requirements of the energy code.
(H) Compliance with state electric code. All photovoltaic systems shall comply with the Indiana State Electric Code.
(I) Compliance with county requirements. Prior to commencement of construction, an applicant shall obtain necessary county approvals including approval by the county Drainage Board as to project drainage, and shall be subject to agreements required by the county executive, including but not limited to, road use, economic development, drainage, stormwater, and decommissioning/reclamation agreements. It is expected and intended that any applicant shall further endeavor to reach "good neighbor" agreements with property owners affected by the project; however, the failure to reach such an agreement with all affected owners shall not be the sole ground for disapproval of the project.
(J) Utility notification. Where applicable, it is recommended that the interconnection application be submitted to the utility prior to applying for required permits. Grid-tied solar energy systems shall comply with interconnection requirements of the applicable regional transmission organization. Off-grid systems are exempt from this requirement.
(K) Well-testing. Any county resident within a half mile of the solar project may request well testing at the start of the project and within 30 days after completion of the project, with the cost of the testing borne by the solar energy company.
(Ord. 2021-BCCO-28, passed 11-1-21)