1. Definitions.
A. Solar Energy System - Any solar collector solar device, or structural design feature of a building whose primary purpose is to provide for the collection, storage, and distribution of solar energy.
B. Solar Energy System, Attached – A Solar Energy System which requires support by another structure, whether roof or otherwise, and does not connect directly to the ground.
C. Solar Energy System, Building-Integrated - A Solar Energy System which is used to replace conventional building materials in parts of the building envelope such as the roof, awnings, skylights, or facades which may include roof membrane, solar shingles, facade modules, or glazing.
D. Solar Energy System, Commercial – A Solar Energy System which is intended to produce electricity for sale to a rate regulated or non-regulated utility or for use off site.
E. Solar Energy System, Freestanding – A Solar Energy System which is completely self-supported.
F. Solar Energy System, Interconnected – A Solar Energy System which produces electricity and is capable of distributing surplus electricity to the public or other properties outside the control of the system’s owner, even if the system is temporarily or automatically disconnected by a switch or other mechanical device.
G. Solar Energy System, Passive – A Solar Energy System which does not produce electricity and does not use activity mechanical systems for energy transfer.
2. Solar Energy Systems Permitted.
A. Purpose. The provisions of this section apply to the placement, construction and use of Solar Energy Systems.
B. Allowed Use. Solar Energy Systems are permitted as an accessory use in all zoning districts with special use permit where associated with a permitted principal use or permitted accessory use.
C. Building Integrated and Passive System Exemption. Building-integrated solar energy systems and passive solar energy systems are exempt from the requirements of this section and shall be regulated as any other building element under Building Code provided they are of non reflective material and they do not project or extend any further outward from the structure than the same element done with conventional design. Building integrated and passive systems which spatially go beyond conventional design or which are made of reflective material shall be subject to all the regulations herein for attached solar energy systems.
D. Freestanding Solar Energy Systems:
(1) Setbacks. Solar Energy Systems shall not be located within any required front setback or street side yard setback. Minimum setback from interior side and rear lot lines and other structures shall be ten (10) feet.
(2) Easements, Utilities, Rights of Ways. No portion of any Solar Energy System shall extend into any easement, right of way or public way regardless of above stated minimum setbacks.
(3) Location. Solar Energy Systems shall be located on the same lot as the building being served except that freestanding systems are permitted without a principal building on the same lot when used in conjunction with permitted uses that may not have a principal use building, including but not limited to automobile parking facilities, bicycle parking facilities, and automobile solar charging facilities.
(4) Height. Maximum height limit shall be six (6) feet for residential and fifteen (15) feet for non residential uses as measured from the grade of the system at base to the highest peak, including the highest position of any adjustable system. Base design criteria for Solar Energy System (SES) – Minor qualification shall be limited to six (6) feet for maximum height limit.
(5) Maximum Size. Systems for residential properties shall not exceed one-tenth (1/10) of the footprint of the principal building served or one hundred (100) square feet, whichever is greater. Systems for non-residential properties shall not exceed one-half (1/2) of the footprint of the principal structure building served. Measurement of the system shall be based upon the area of the solar receiving panel, regardless of the adjustment angle of the panel.
(6) Coverage area. Any system which does not take up more than 100 square feet of footprint area measured at outermost vertical dimensions is considered as a Solar Energy System (SES) - Minor. Electric permit requirements still apply.
E. Attached Solar Energy Systems:
(1) In the case of wall mounting, no part of the system shall project more than five (5) feet from the building.
(2) No part of the system shall extend more than 50 percent into any required side or rear setback. No part of the system shall extend into any required front or street side yard setback.
(3) No portion of any Solar Energy System shall extend into any easement, right of way or public way, regardless of above stated setbacks and projection limitations.
(4) Systems shall not exceed the maximum height in the zone, for the structure to which it attached.
(5) The building must have a conforming principal use.
(6) Roof attached systems may be mounted on principal and accessory building roofs provided they conform to the maximum height standards established for the zoning district. Systems shall be no higher than three (3) feet from the roof surface for residential use property systems. Non residential use property systems may project up to a maximum of ten (10) feet from the roof. In no case, however, shall a System exceed the maximum height for principal structure where attached to said structure or the maximum height for accessory structure where attached to said structure. Base criteria for Solar Energy System (SES) – Minor qualification shall be limited to 6 inches maximum projection for residential use and parallel mounting required.
(7) Systems in the Design Review Overlay District or Dutch Residential Overlay District shall only be permitted where they are facing the rear yard or are otherwise not visible from the front yard, street yard, or a public street.
(8) Coverage area. Any system which does not take up more than 100 square feet of footprint area measured at outermost vertical dimensions is considered as a Solar Energy System (SES) - Minor. Electric permit requirements still apply.
F. Solar Access. A property owner who has installed or intends to install a Solar Energy System shall be responsible for negotiation with other property owners in the vicinity for any necessary solar easement. The granting of a Special Use Permit for Solar Energy System by the Board of Adjustment does not constitute solar access rights.
G. Special Use Permit Application Materials. The Special Use Permit application for Solar Energy System shall include, but not be limited to:
(1) A plot plan drawn to scale, showing:
a) Existing structures on the lot
b) Proposed system
c) Property lines
d) Setbacks of existing and proposed structures
e) Rights of ways
f) Utility diagram applicable to proposed system
(2) Elevation views and dimensions
(3) Manufacturer’s photographs
(4) Manufacturer’s spec sheet including capacity
(5) Demarcation of dimensions.
H. Special Use Permit Criteria. Any proposed Solar Energy System is permitted only through Special Use Permit through Board of Adjustment except Solar Energy System – Minor which meets all base design criteria. To approve a Special Use Permit for Solar Energy System, the Board of Adjustment must find that the proposal conforms to the following criteria:
(1) The system will to the extent reasonably practical through placement and design minimize the impact to the character of the neighboring properties as they exist on the date of approval, which is defined as properties within 200 feet of the system property.
(2) Access to open space (air and light) from the neighboring properties is not significantly reduced.
(3) The predominate pattern of building placement, height, orientation and scale among the neighboring properties and general area beyond the neighboring properties will not be negatively impacted or altered by the system.
(4) The system meets other City, State, and Federal regulations.
(5) Unique topography, vegetation or lot conditions exist which help to shield the system from the view of neighboring properties and from the street or placement of the principal building allows the system to be located and operated in a way that helps to shield the system from the view of neighboring properties.
I. Special Use Permit Approval. The Board of Adjustment may request additional information if insufficient information is presented to determine conformance with the criteria. If approved the Special Use Permit can be revoked after a public hearing, if there is evidence that the system does not comply with the provisions of the Special Use Permit. The Board may impose conditions as it deems necessary for the general welfare of the public and for information required for a Special Use Permit.
J. Interconnection Agreement. A Solar Energy System shall not be installed until evidence has been given that the utility company has been informed of the customer’s intent to install an interconnected customer-owned system and a copy of executed interconnection agreement with the utility company is provided.
K. Abandonment. Any solar energy system that is not operated for a continuous period of 180 days shall be considered abandoned and shall be removed by the property owner. Removal includes the entire structure including transmission equipment.
L. Signage. Any signs shall be limited to one (1) square foot.
M. Maintenance. The property owner of any Solar Energy System shall maintain such system in a safe and attractive manner, including replacement of defective parts, painting, cleaning, and other acts that may be required for the maintenance and upkeep of the function and appearance of such a system.
N. Underground Wire Requirement. The electrical collection system shall be placed underground within the interior of each parcel. Overhead lines shall not be permitted.
O. Industry Standard. As part of the Special Use Permit, documentation shall be provided showing that the system and parts meet industry standards, such as Underwriters Laboratories (UL), or another standard applicable to the technology and materials of the system.
P. Applicable Fees. The applicant for any Solar Energy System under this Ordinance shall be responsible for any applicable fees, including Board of Adjustment fee, City Engineer review fee (at cost), Building Permit, and/or Electric Permit fees as established in Chapter 171.
Q. Solar Energy System (SES) – Minor Regulations Summary Table
Solar Energy System - Minor | Solar Energy System | |
Freestanding System Max. Height | (base criteria) 6 feet | (maximum limits) 6 Feet (Residential) 15 Feet (Non Residential) |
Attached System Max. Projection (Residential) | 6 inches | 3 feet |
Attached System Max. Projection (Non Residential) | 10 feet | 10 feet |
Attached System Roof Parallel Mounting Required | Yes | No |
Freestanding System Footprint Maximum | 100 square feet | No limit except by setbacks or maximum lot coverage |
Attached System Footprint Maximum | 100 square feet | No limit except by setbacks or maximum lot coverage |
Solar Energy Systems – Minor are reviewed through permit by the Zoning Administrator and Building Official. |
Solar Energy Systems are reviewed through special use permit by the Board of Adjustment. |
3. Commercial Solar Energy Systems Prohibited. Commercial Solar Energy Systems are not permitted within the zoning jurisdiction of the City of Pella.
(Section 165.26.5 Added by Ord. 846 – Aug. 11)