§ 150.35 SOLAR ENERGY SYSTEMS.
   (A)   Permitted use. Roof-mounted solar energy systems adhering to the performance and design standards of this subchapter are permitted in all zoning districts.
   (B)   Conditionally permitted. Ground-mounted solar energy systems having a combined faceplate capacity of less than ten kW AC or less shall be conditionally permitted in all zoning districts and shall meet all accessory use/accessory building requirements. Commercial solar energy systems having a combined faceplate capacity of ten kW AC or more up to a maximum of 500 kW AC shall be a conditionally permitted use in all applicable zoning districts and shall meet all accessory use/accessory building requirements. Ground-mounted systems may not exceed the permitted height of accessory structures in the zoning district where the solar PV system is to be installed.
   (C)   Performance and design standards.
      (1)   Location. No portion of any roof-mounted solar energy system may extend below the roof line.
      (2)   Height. Roof-mounted solar energy systems shall be either integrated into the roof layer or a separate flush mounted panel attached to the roof surface and shall not project vertically if installed on a pitched roof. The use of standard, low profile mounting hardware required to attach panels to a roof surface shall not be considered a projection. Panels or tubing installed on flat roofs may project vertically above the roof to which it is attached if not visible from any street.
      (3)   Appearance.
         (a)   All roof-mounted solar panels must have a non-reflective coating to minimize glare.
         (b)   Roof-mounted and ground-mounted installations must be uniform in appearance and color.
         (c)   All mounting brackets and related structural supports shall not extend more than three inches above the roof surface and shall be covered in a manner architecturally compatible with the building.
         (d)   All wires and other associated appurtenances related to a solar energy system shall be installed below the roof line, in a secure location.
         (e)   All solar energy systems shall have grid failure disconnection systems and shall adhere to New Bremen Interconnection Agreement and UL 1741, Standard for Utility Interactive Applications.
         (f)   All ground-mounted solar energy system installations will be enclosed in fencing six feet in height in compliance with § 152.25, Fences, walls and hedges.
   (D)   Non-use. Any solar energy system which complies with the terms of this subchapter, but is not operable, excluding pending repair parts, shall be removed within six months. The property owner shall remove the solar energy system at their expense. Removal of the system shall include the removal of the entire structure, including foundations, transmission/inter-connect equipment, and fencing from the property. Failure to remove the system shall be deemed a violation of this subchapter and shall be handled in the same manner as other nuisances, within the village, which requires that the failure of an owner to remove the inoperable solar energy system the village may petition the Auglaize County Court to, among other remedies, abate the nuisance, require the owner to post a cash bond totaling the estimated abatement cost, and/or file a written statement of all costs and expenses incurred by the village related to the abatement of the public nuisance with the court and submit a copy of the property owner. The property owner shall pay to the village such amount as approved by the court, then such amount shall be entered by the village upon the tax duplicate and shall be a lien upon sue property from the date of entry and shall be collected as other taxes and returned to the general fund of the village.
(Ord. 2021-04-08, passed 5-24-21)