(a) Definitions.
(1) "Solar panel" shall mean any device used for collecting solar energy and converting it to electrical power or stored heat.
(2) "Solar energy system, Solar panel system" or "Solar Array" shall mean any collection of solar panels, connectors, battery banks, controllers, wiring, meters and switching devices intended to work in combination to convert solar energy to electrical power or stored heat.
(3) "Solar Cell" means the basic photovoltaic device that generates electricity when exposed to light.
(4) "Abandonment" means the discontinued use of the Solar Energy System in whole or part.
(b) Solar Panels. The installation and construction of a solar energy system is subject to the following development and design standards.
(1) A solar energy system may be building-mounted or ground mounted.
(2) Solar panels must be placed so that concentrated solar radiation or glare is not directed onto nearby properties or roadways.
(3) All power transmission lines from a ground-mounted solar energy system to any structure must be located underground.
(4) Advertising, including signage, streamers, pennants, spinners, reflectors, ribbons, tinsel, balloons, flags, banners or similar materials, is prohibited. The manufacturer and equipment information, warning signs or ownership information is allowed on any equipment of the solar energy system.
(5) A solar energy system connected to the utility grid shall provide written authorization from the local utility company acknowledging and approving such connection.
(6) Solar Panels shall be uniform in appearance and color, and to the extent practicable, match the design and color of the roof on which the panels will be placed.
(c) Building-Mounted Systems. A building-mounted system may be mounted on a principal building or accessory building in the following locations.
(1) When mounted on a roof:
A. On a flat roof, solar panels are permitted when set back eight (8) feet from the front fagade of the building unless otherwise approved by the Planning and Zoning Commission.
B. For other roof forms, solar panels are permitted on the rear and side roof but must be set back six (6) feet behind the ridge line unless otherwise approved by the Planning and Zoning Commission.
C. Solar panels on the front or corner side roof are permitted with approval from the Planning Commission, provided that the grant or denial of such approval is within the discretion of the Planning and Zoning Commission, upon consideration of the impact upon neighbors, the extent to which such solar panel installation is consistent with the features of the zoning district and neighborhood in which the subject property is located, and aesthetic considerations.
(2) The solar panel system is limited to the maximum building heights of the zoning district for the building type (principal or accessory structure) or a maximum height of five (5) feet, whichever is less. Height is measured from the roof surface, on which the system is mounted, to the highest edge of the system.
(3) Solar energy systems may project off a building as follows:
A. May project up to four (4) feet from a facade.
B. May project into a side or rear setback, but shall be no closer than five (5) feet to the side or rear property line.
(4) In the case of a flat roof, solar panels must be set back six (6) feet from any building wall.
(d) Ground-Mounted Systems.
(1) A ground-mounted system is permitted only in the rear yard and must be set back a minimum of five (5) feet from any lot line.
(2) A ground mounted system is considered to be an accessory building for purposes of this zoning code, subject to the regulations set forth in subsection (3) below. A ground-mounted system shall not exceed the maximum building heights for accessory buildings.
(3) Single-family residential lots shall be permitted the larger of either one hundred square feet of panels or one (1) square foot of solar panels for every one hundred (100) square feet of lot.
(4) Ground mounted solar panel systems shall remain structurally secure in winds up to 90 miles per hour.
(5) All ground-mounted systems are subject to Planning Commission approval, which may grant or deny such approval in the Planning Commission's discretion, upon consideration of the impact upon neighbors, the extent to which such solar panel installation is consistent with the features of the zoning district and neighborhood in which the subject property is located, and aesthetic considerations.
(e) Solar Access Protection. For purposes of ensuring adequate access of solar energy collection devices to sunlight, any person may grant a solar access easement in accordance with Ohio Revised Code Section 5301.63 (Solar access easement requirements). Such easements must be in writing and subject the same conveyance and recording requirements as other easements. Any instrument that grants a solar access easement must include all requirements required by Ohio law.
(f) National Fire Protection Association Compliance. Any solar panel or solar panel system shall be installed in compliance with National Fire Protection Association ("NFPA") 70, as set forth in Ohio Administrative Code Section 1301:7-7-80, as the same may be amended from time to time, including, but not limited to, NFPA Article 690 and Section 690.12, as the same may be amended from time to time, and with any applicable Ohio Fire Code section, as the same may be amended from time to time. Compliance with NFPA 70 and/or the Ohio Fire Code shall be determined by the Village Fire Prevention Officer, in the Fire Prevention Officer's sole, discretion.
(g) Roof Access Dimensions for Firefighting. The following roof access dimensions shall be required in connection with any roof-mounted solar panels.
(1) On residential buildings with hip roof layouts, panels shall be located in a manner that provides one (1) three-foot (3') wide clear access pathway from the eave to the ridge on each roof slope where panels are located.
(2) The access pathway shall be located at a structurally strong location on the building (such as a bearing wall.)
(3) On residential buildings with a single ridge, panels shall be located in a manner that provides two (2) three-foot (3') wide access pathways from the eave to the ridge on each roof slope where panels are located.
(4) Panels shall be located no closer than one and one-half (1.5) feet to a hip or a valley if panels are to be placed on both sides of the hip or valley. If the panels are to be located on only one side of a hip or valley that is of equal length, then the panels may be placed directly adjacent to the hip or valley.
(5) Panels shall be located no higher than three feet (3') below the ridge.
(6) Notwithstanding any other provision of this ordinance, plan review is required if a system is to be installed that will occupy more than fifty percent (50%) of the roof area of a residential dwelling.
(h) Report of Village Engineer. The Zoning Inspector shall not issue a permit for any solar energy system without a stamped opinion of a registered/licensed engineer indicating that (i) the load-bearing elements of the building or structure in question can structurally support the weight of the solar panels and related wiring and infrastructure, together with any other load-bearing requirements and (ii) the solar energy system and solar panels will remain structurally secure in winds up to ninety (90) miles per hour.
(i) Abandonment. Upon abandonment, the owner shall physically remove the solar energy system within sixty (60) days from the date of abandonment. "Physically remove" shall include, but not be limited to:
(1) Removal of the Solar Energy System and related above grade structures.
(2) Restoration of the location of the Solar Energy System to its prior condition.
(j) Exclusions. Solar panels that serve as power collecting stations for security system devises and exterior lighting system to support the primary use at the premises are
not included in this ordinance.
(k) Penalty. Whoever violates the provisions of this Chapter shall be given notice by the Zoning Department of the violation(s) and be provided ten (10) days in order to remedy the violation(s) to the satisfaction of the Zoning Department. Failure to remedy the violations within the time proscribed shall be a misdemeanor of the fourth degree. Each day that a Solar Energy System is erected or maintained in violation of the Chapter after the time proscribed to remedy said violation(s) shall constitute a separate and distinct offense.
(Ord. 22-142. Passed 11-10-22.)