Solar energy systems are only allowed as authorized in this section, and all solar energy systems shall comply with the regulations set forth in this section:
A. Compliance With Laws: All solar energy systems shall comply with all applicable village, state and federal laws and regulations, including, without limitation, the provisions of this section, this code, and all applicable village building ordinances and regulations.
B. Compliance With Permits: All solar energy systems shall obtain and comply with all applicable permits pursuant to this section, including, without limitation, building and electrical permits, all conditions imposed by the village as a condition of issuance of these permits shall be complied with.
C. Use And Energy Production Restrictions: The sole purpose of the solar energy system shall be the production of energy for local distribution and consumption on the property on which the solar energy system is located; provided, however, that excess energy produced by a solar energy system may be sold to a local electric utility company.
D. Interference With Utilities, Roads, And Neighboring Properties: No solar energy system shall be operated in a manner so as to interfere with any public right-of-way or any utility system in the village, or so as to interfere with the reasonable use and enjoyment of any other property in the village.
E. Definition/Engineering Requirements: Solar energy systems shall be defined as, and conform to, all applicable industry standards, including, without limitation, the definitions and standards developed by the American National Standards Institute.
F. All solar energy system permits must include a plan schematic which shall include the wiring diagram indicating a separate shut-off is included for safety. The applicant shall also submit a copy of such to the Utica Fire Protection District.
G. All applicants shall provide satisfactory evidence to the village that the local electrical utility company has been notified of the intent to install a customer owned solar energy system.
H. Building-Mounted Solar Energy Systems:
1. Solar Energy System Permit Required: Building-mounted solar energy systems are allowed as a permitted use in any zoning district, but only upon issuance of a solar energy system permit in accordance with the following:
a. The owner of the property on which the solar energy system is proposed to be installed shall submit an application for building permits, as applicable, pursuant to the Village Code. Such application shall include the minimum data requirements identified in this Title.
b. Upon receipt of a complete application pursuant to the village code, and upon a determination by the village zoning enforcement officer/building inspector that the application and the proposed building-mounted solar energy system comply with the requirements set forth in this and the other applicable codes of the village, he/she shall issue permits for the solar energy system.
2. Location:
a. Solar energy systems may be mounted on the roof of a permitted principal or accessory structure. Solar energy systems shall not be mounted upon any other portion of any principal or accessory structure.
b. Solar energy systems must either be: i) an integral part of the structure, rather than a separate mechanical device, replacing or substituting for an architectural or structural part of the building, such as a photovoltaic or hot water system that are contained within roofing materials, windows, skylights, shading devices and similar architectural components; or ii) mounted flush with, and parallel to, a finished surface, at no more than twelve inches (12") in height above that surface.
c. Applications and plans for building-mounted solar energy system within the C-l Zoning District shall also be subject to review and approval by the Village Planning Commission.
3. Horizontal Projection: Solar energy systems shall not extend beyond the exterior perimeter of the structure on which the system is mounted.
4. Setbacks: All portions of building-mounted solar energy systems shall comply with the generally applicable setback restrictions for the zoning district or building setbacks lines as established in a planned unit development (PUD) in which the building-mounted solar energy system is located.
5. Height: The height of any building-mounted solar energy system shall not exceed the lesser of: a) twelve inches (12") from the roof surface at any point; and b) the generally applicable height restrictions for the zoning district in which the building-mounted solar energy system is located. Also, no portion of the building-mounted solar energy system shall extend beyond the ridgeline of the roof at any point.
6. Maximum Roof Coverage: No building-mounted solar energy system shall occupy more than eighty percent (80%) of the cumulative area of the face of the structure on which the system is mounted, unless the system is incorporated into, and is an integral part of, the structural elements of the face on which it is mounted.
7. Aesthetics: All building-mounted solar energy systems shall be designed to blend into the architecture of the building.
I. Ground-Mounted Solar Energy Systems: Ground-mounted solar energy systems shall be considered special uses in all zoning districts except residential districts in which they are prohibited. Plans for ground-mounted solar energy systems (excepting portable energy systems for swimming pools) shall be subject to the issuance of a special use permit as provided, as well as review and approval by the Village Planning Commission. In addition to all other requirements of the special use permit application, all applications from ground-mounted solar energy systems shall include the minimum data requirements identified in this Title. In addition, plans for ground-mounted solar energy systems shall comply with the minimum standards as follows:
1. Location:
a. No ground-mounted solar energy system may be constructed within any off-street parking or loading space required pursuant to this code.
b. Ground-mounted solar energy systems shall be located on the same lot or parcel as the principal structure and within the rear yard of that lot or parcel.
2. Installation Angle: All solar panels of a ground-mounted solar energy system shall be installed not greater than the maximum angle specified by the manufacturer.
3. Setbacks: In all zoning districts, all portions of ground-mounted solar energy systems shall comply with the generally applicable setback restrictions for the zoning district or building setback lines as established in a PUD in which the ground-mounted solar energy system is located, as measured from the property line to the closest edge of the system. Ground-mounted solar energy systems (and parts thereof) shall not be deemed a permitted obstruction in any required yard.
4. Height: The height of a ground-mounted solar energy system shall not exceed the height limitation for accessory structures.
5. Lot Coverage: The total solar panel surface area of each ground-mounted solar energy system shall be included in the lot coverage calculations for the property on which the system is located.
6. Screening And Bufferyards: Ground-mounted solar energy systems shall be properly screened from adjacent lots. For the purpose of this subsection, proper screening shall be deemed to consist of permanent vegetative screening large enough and dense enough to substantially screen the energy system from view from adjacent lots in a manner that is consistent with the character of the neighborhood and existing uses on the adjacent lots.
7. Rotation: Ground-mounted solar energy system panels may rotate not to exceed the maximum angle as specified by the manufacturer.
J. Portable Solar Energy Systems For Swimming Pools: Portable solar energy systems for swimming pools may only be constructed and used within the village in accordance with the following provisions:
1. No portable solar energy system may be constructed or used prior to April 1 or after October 31 of any calendar year.
2. No portable solar energy system may be used for any purpose other than the provision of heat for an outdoor swimming pool located within a residential district.
3. Portable solar energy systems shall be constructed and used in accordance with the applicable provisions of this title.
K. Decommissioning:
1. A solar energy system that is not capable of operating at full capacity for a period exceeding ninety (90) consecutive days shall be deemed abandoned. The owner of an abandoned solar energy system and the owner of the property on which the solar energy system is located shall cause the removal of all solar energy system structures and facilities within sixty (60) days after receipt of a notice of abandonment from the village.
2. Any abandoned solar energy system that is not removed within sixty (60) days after receipt of a notice of abandonment shall be deemed a public nuisance, which nuisance the village shall have the right, but not the obligation, to summarily abate by removing such system at the joint and several expense of the owners of the system and of the property on which the system is located. In the case of such removal, the village shall have the right, but not the obligation, to file a lien for reimbursement of any and all expenses incurred by the village in connection with the removal, including, without limitation, attorney fees and accrued interest.
3. Upon removal of the solar energy system, the owner of record of the subject property shall restore that portion of the subject property on which the system was installed in accordance with the standards required by the village's then-current applicable codes. (Ord. 2019-34, 12-5-2019)