A. Permitted Accessory Use: Except as set forth in subsection B below, the following solar energy systems shall be allowed as a permitted accessory use in all zoning districts within the village limits when used exclusively for non-commercial purposes:
1. A ground mount solar energy system;
2. Roof mount solar energy systems; and
3. Building integrated solar energy systems.
B. Prohibitions: Commercial use solar energy systems, including all solar gardens and solar farms, shall not be permitted within the village limits. Ground mount solar energy systems shall not be permitted in any residential zoning district within the village limits
C. Requirements: Solar energy systems under this section shall be subject to the following requirements:
1. No solar energy system that is an accessory use may be erected prior to the establishment or construction of the main building to which such system is accessory.
2. Height: The following height requirements shall be met:
a. Building or roof mount solar energy systems shall not exceed the maximum allowed height in their respective zoning district.
b. Ground mount solar energy systems shall not exceed ten (10) feet in height when oriented at maximum tilt.
3. 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 mount 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 mount solar energy systems shall not extend into the side- yard or rear setback when oriented at minimum design tilt.
c. No ground mount solar energy systems shall be allowed in the front yard of any property.
4. 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 and solar mounting devices shall be consistent with other roofing materials. The visibility requirements as set forth herein are also 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 mount 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 twelve inches (12") 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.
5. Glare: 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. 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.
6. Miscellaneous:
a. Roof mount solar energy systems, excluding building-integrated systems, shall allow for adequate roof access for fire-fighting purposes to the roof upon which the systems are mounted.
b. Roof mount solar energy systems shall not be constructed in any manner which creates an unreasonable risk of falling ice or snow, or which causes water to flow directly from any solar collector to ground level.
c. Ground mount solar energy systems approved as an accessory use shall not be larger than the lesser of (i) half the building footprint of the main building on the property, or (ii) six hundred twenty five (625) square feet. A qualified engineer shall certify that the foundation and design of the solar mounting devices are within accepted professional standards with respect to local soil and climate conditions.
d. No ground mount solar energy system shall be constructed in a manner which increases water drainage flow to any adjacent property. If it appears that there is a risk of increased water drainage flow, the zoning inspector may require the installation and maintenance of appropriate groundcover or detention areas to mitigate any such risk. If the applicant provides a written report from a qualified professional engineer indicating that the proposed ground mount solar energy system will not increase water drainage flow to adjacent property, the requirement shall be deemed satisfied for purposes of issuance of the solar permit only.
e. 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 U.S. Department of Interior.
f. Solar energy systems must be certified by a third-party for safety, performance and quality through a UL (formerly Underwriters Laboratories) listing or approved equivalent and solar hot water systems must have an SRCC (Solar Rating & Certification Company) rating.
g. Solar energy systems shall comply with all applicable local and state building, electric and plumbing codes.
D. Conditional Accessory Use: Solar energy systems permitted under subsection A of this section that demonstrate that the requirements in subsection C 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 forty-five (45) degrees of south (one hundred eighty-five (185) degrees azimuth).
b. Solar Electric (Photovoltaic) Systems: The solar collectors should have a pitch between twenty (20) and sixty-five (65) degrees.
c. Solar Hot Water Systems: The solar collectors need to be mounted at a pitch between forty (40) and sixty (60) degrees.
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, regardless of whether the requirements in subsection B 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 Mount Systems: Pole or ground mount solar energy systems must be set back from the property line by a minimum of five foot (5').
E. Restrictions On Solar Energy Systems Limited: Nothing in this article shall be deemed a limitation upon any homeowners' agreement, covenant, common interest community, or other contract between multiple property owners within the Village that prohibit or restrict homeowners from installing solar energy systems. (Ord. 09-02-22, 10-25-2022)