(A) General requirements. The requirements set forth in this section shall govern the construction and/or installation of all renewable energy systems governed by this subchapter.
(1) Applicability. The provisions of this subchapter are intended to establish parameters by which solar energy systems may be installed in the city. Wind energy systems and solar farm energy systems are not permitted. Additional renewable energy installations not addressed explicitly herein may be authorized, subject to compliance with the applicable building codes and standards of the city.
(2) Use. Except as authorized by the City Council for public utility purposes, a renewable energy system shall be accessory to the principal permitted use of the site.
(3) Approvals. Approval granted to an individual property owner for a renewable energy system under the provisions of this subchapter shall not be construed to bar owners or tenants of any adjacent property from ordinary or permitted building, landscaping, or other accessory improvements, even if such improvements may diminish the function of said renewable energy system.
(4) Permitting and installation.
(a) A city building permit is required prior to the installation of any renewable energy system. Before a building permit is issued, the following shall be submitted to the city for review:
1. A site plan showing:
a. Name, address and phone number of property owner;
b. Property lines;
c. All structures;
d. Septic field;
e. Setback lines;
f. Location of all solar panels and associated equipment; and
g. Location of the electrical disconnect for the solar energy system.
2. Evidence that the local electric utility has been informed of the customer’s intent to install a customer-owned solar energy system.
3. Evidence that the site plan has been submitted to the local fire protection district.
4. Evidence that the proper warning signage has been located to inform utilities of solar panels that are present on the site.
(b) The owner of a renewable energy system shall ensure that it is installed and maintained in compliance with the applicable building and safety codes adopted by the city and any other state or federal agency of applicable jurisdiction.
(c) All wiring associated with a renewable energy system shall be underground or contained within a raceway that complements the building materials of the principal structure and comply with the current edition of the National Electric Code.
(5) Interconnection with public utilities; electric.
(a) Energy produced by a renewable energy system shall be utilized on site, except for net metering as authorized by the city and other applicable regulatory agencies required by law.
(b) The interconnection of any renewable energy system to the electric distribution grid shall be in accordance with applicable regulatory agencies required by law.
(6) Illumination of a renewable energy system shall be prohibited.
(7) No signage of attention-getting device is permitting on any renewable energy system.
(8) Screening. There shall be no required physical screening for renewable energy systems installed on roofs.
(9) Screening. There shall be required physical screening for renewable energy systems installed on grade. Screening shall comply with privacy fence ordinance, § 156.170.
(B) Solar energy systems.
(1) Authorization of use.
(a) Building- integrated, building-mounted solar energy systems may be authorized administratively in all zoning districts in accordance with the requirements of this chapter and subject to approval by the city or their designees.
(2) Height.
(a) Building- mounted solar energy system. A building-mounted solar energy system may not extend above the peak roof height of the building to which the solar energy system is affixed.
(b) Ground- mounted solar energy system. The maximum height of a ground-mounted solar energy system shall be ten feet as measured from the average grade at the base of the pole to the highest edge of the system.
(3) Location.
(a) Ground- mounted solar energy systems shall not be located within the required front yard or corner side yard in any utility, water, sewer, or other type of public easement and shall not interfere with line of site vision of vehicle operators.
(b) All parts of any ground-mounted solar energy system shall be set back at least six feet from the interior side and ten feet from rear property lines.
(c) Ground- mounted solar energy systems shall not exceed 20% of the required rear or backyard.
(C) Maintenance and removal of renewable energy systems.
(1) Renewable energy systems must be maintained in good repair and operable condition at all times, including compliance with all standards in applicable building and technical codes to ensure structural and technical integrity of such facilities, except for maintenance and repair outages. If a system becomes inoperable or damaged, operations must cease and be promptly remedied.
(2) If the city determines that a renewable energy system fails to comply with the applicable provisions of this code, the city shall provide written notification to the property owner. The property owner shall have a period of 90 days from the date of notification to either restore the renewable energy system to operation or to remove the system.
(3) In the event such renewable energy system is not brought into compliance with this code within the specified time period, the city may remove or cause the removal of said facility at the property owner’s expense.
(4) The city may pursue any and all available legal remedies to ensure that a renewable energy system which fails to comply with this code.
(5) Any delay by the city in taking enforcement action against the owner of a renewable energy system and the owner of the property if such owner is different from the owner of such facility, shall not waive the city’s right to take any action at a later time.
(6) The city may seek to have the renewable energy system removed regardless of the owner’s or operator’s intent for said facility, and regardless of any permits that may have been issued or granted.
(7) After the renewable energy system is removed, the owner of the subject property shall promptly restore the subject property to a condition consistent with the property’s condition prior to the installation of the system. Installation shall comply subject to current codes.
(Ord. 1687, passed 8-17-21)