The district regulations hereinafter set forth in this section qualify or supplement, as the case may be, the district regulations appearing elsewhere in this chapter.
(A) Height regulations.
(1) One-family dwellings and two-family dwellings may be increased in height by not more than ten feet when the side and rear yards are increased over the yard requirements of the district in which they are located by not less than ten feet each, but they shall not exceed three stories in height.
(2) Chimneys, cooling towers, elevator bulkheads, fire towers, monuments, stacks, stage towers, or scenery lofts, tanks, water towers, ornamental towers and spires, radio towers or necessary mechanical appurtenances may be erected to a height in accordance with existing or future ordinances of the city.
(B) Area regulations.
(1) No accessory building shall be constructed upon a lot until the construction of the main building has been actually commenced, and no accessory building shall be used for dwelling purposes unless the main building on the lot is also being used for dwelling purposes.
(2) More than one industrial, commercial, multiple dwelling or institutional building may be erected upon a single lot or tract, but the yards and open spaces required around the boundaries of the lot or tract shall not be encroached upon by any building, nor shall there be any change in the intensity of use requirements. When more than one multiple dwelling building is erected upon a single lot or tract, the minimum distances between main buildings shall be the following:
(a) Front to front: 70 feet; front to rear: 60 feet;
(b) Side to side: one-half the height of the taller building, but not less than 20 feet;
(c) Front to side or rear to side: the height of the taller building, but not less than 30 feet; and
(d) Rear to rear: 50 feet.
(3) Where an open space is more than 50% surrounded by building, the minimum width of the open space shall be 30 feet for one-story buildings, 40 feet for two-story buildings and 50 feet for three-story buildings.
(4) All distance requirements and buffer area or screening requirements established for the protection of R districts shall be applicable to any trailer (mobile home) court now existing or hereafter established.
(C) Yard regulations.
(1) In computing the depth of a rear yard, where the yard opens onto an alley, one-half of the alley width may be included as a portion of the rear yard.
(2) No accessory buildings shall be built in any yard, but a rear yard and shall be distant at least five feet from the rear lot line. An accessory building shall not occupy more than 30% of the required rear yard and shall not occupy any part of the required side yard.
(3) Every part of a required yard shall be open to the sky, unobstructed, except for accessory buildings in a rear yard, and except for the ordinary projections of skylights, sills, belt courses, cornices and ornamental features projecting not to exceed 12 inches. This requirement shall not prevent the construction of fences not exceeding eight feet in height, except on that portion of lots within 30 feet of the intersection of two or more streets.
(4) Open or lattice-enclosed fire escapes, fire-proof outside stairways and balconies opening upon fire towers projecting into a yard not more than five feet and the ordinary projections of chimneys and flues may be permitted by the Building Inspector.
(5) For the purposes of side yard requirements, a two-family dwelling shall be considered as one building occupying a single lot.
(6) An open unenclosed porch not more than one story in height or paved terrace may project into the required front yard for a distance not exceeding ten feet. An enclosed vestibule containing not more than 40 square feet may project into the required front yard for a distance not to exceed four feet.
(7) Terraces, uncovered porches, platforms and ornamental features which do not extend more than three feet above the floor level of the first (ground) story may project into a required yard; provided, these projections be distant at least two feet from the adjacent side lot line.
(8) When 40% of a frontage is developed with two or more buildings, then the depth of the front yards heretofore established shall be adjusted in the following manner.
(a) When the building furthest from the street provides a front yard no more than ten feet deeper than the building closest to the street, then the average depth of the front yard for the frontage shall be the minimum depth of front yard for new buildings or additions to existing buildings in the block.
(b) When the above is not the case and the lot is within 100 feet of an existing building on each side, excluding, however, buildings on corner lots which front upon the intersecting street, then the depth of the front yard is determined by a line drawn from the closest front corners of these two adjacent buildings at the intersection of the line and the centerline of the lot.
(c) When neither divisions (C)(8)(a) or (C)(8)(b) above is the case and the lot is within 100 feet of an existing building on one side only, excluding, however, buildings on corner lots which front upon the intersecting street, then the depth of the front yard is the same as that of the existing adjacent building.
(9) In all districts a triangular space shall be maintained at the street corner of a corner lot, free from any kind of obstruction to vision between the heights of three and 12 feet above the established street grade. The street grade is measured at the intersection of the centerlines of the intersecting street pavements, and the triangular space is determined by a diagonal line connecting two points measured 15 feet equidistant from the intersection of the property lines.
(10) In one-family dwelling districts, when 80% of the frontage of a block on both sides of the street between two intersecting streets or between an intersecting street and a cul-de-sac has been developed with main buildings and accessory buildings with side yards less than that required by the dwelling district in which the property is situated, then the side yard requirement for any main buildings or accessory buildings in the block shall be the average side yard of all parcels of property in the block rather than the side yard set forth in the dwelling district in which the parcel of property is situated. In determining the existing side yard of any developed parcel, in order to compute the average herein required, the side yard of the main building on any developed parcel shall be used except that when an accessory building exists with a smaller side yard than the main building has, the side yard shall be taken as being the average between the side yard of the main building and the side yard of the accessory building.
(D) Solar energy systems.
(1) Application. An applicant who seeks to install a solar energy system in a residential or agricultural zoning district must submit an application for a permit, as provided by the City of Sparta. No solar energy system is permitted in a business or industrial zoning district. The application must include photographs of the existing conditions of the residential building on the property as well as renderings of the proposed solar energy system.
(a) Building permit applications for solar energy systems must be accompanied by standard drawings of the solar energy system and a plan showing the location and all parts of the proposed solar energy system.
(b) Electric solar energy system components must have an Underwriters Laboratory (UL) listing or approved equivalent.
(c) Each application for a solar energy system must be accompanied by a line drawing of the electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the most recent edition of the National Electric Code. This information may be supplied by the manufacturer. The application shall also be signed by a licensed electrician and set forth the total power output from the proposed energy system.
(2) Permitted districts. A solar energy system shall be allowed only as an accessory structure and must be integrated and attached to a principal residential or commercial building in all residential, agricultural, business or industrial zoning districts; subject to the requirements of this section. There shall be no freestanding or ground mounted solar energy systems. Requests not meeting all requirements of this section shall require a variance. Solar hot water systems are prohibited.
(3) General requirements.
(a) Visual appearance. Each solar energy system must be located in the least visibly obtrusive location where panels would be functional.
(b) Setbacks. Each solar energy system must comply will all setback and height requirements for the underlying residential, agricultural, business or industrial zoning district in which the subject property is located.
(c) Additional required criteria for solar energy system.
1. Each solar energy system must be located on a rear or side facing roof, as seen from the fronting street;
2. Height is measured from the roof surface, on which the solar energy system is mounted, to the highest edge of the solar energy system, as follows:
a. Sloping roof. Each solar energy system on a sloping roof shall be mounted parallel with the roof, shall not have a highest finished pitch steeper than the roof pitch on which the system is mounted, and the surface of the collector shall not extend any further than six inches from the roof surface at any point. No portion of any solar panel shall extend beyond the ridgeline of the roof at any point. The total height of the building including the solar energy system shall also comply with the height regulations of the zoning district;
b. Flat roof. Each solar energy system mounted on a flat roof may be oriented to achieve maximum sun exposure but shall not exceed two feet in overall height or extend above the building parapet whichever results in less height. No such mounted panel shall be visible from adjacent properties or exceed the height regulations of the zoning district;
3. Each solar energy system must not protrude more than one foot from any side of the residential building, nor more than one foot from any portion of the building's roof;
4. The collector surface and mounting devices for a roof-mounted solar energy system shall not extend beyond the roof edge or the exterior perimeter of the residential building;
5. Each photovoltaic panel for any solar energy system shall not cause glare and shall be non-reflective;
6. A solar energy system shall be installed on the roof (flush mounted) or made a part of the roof design (capping or framing being compatible with the color of the roof or structure). Mounting brackets will be permitted if the applicant can demonstrate that the existing pitch of the roof would render the solar energy system ineffective or would be otherwise impossible;
7. All exterior electrical, and/or conduit, or pipes for each solar energy system must be painted in a color scheme that matches, as closely as reasonably possible, the color of the structure and the materials adjacent to the lines; and
8. Each portion of the solar energy system shall be installed internally except for panels and the utility disconnect.
(d) Safety criteria requirements.
1. Each solar energy system must meet all federal, state and local codes;
2. Each solar energy system must have a commercially available mounting system;
3. All access panels and electrical equipment of each solar energy system must be lockable except as otherwise provided in division (D)(3)(f) herein;
4. Appropriate warning signage must be placed on each solar energy system; and
5. A separate isolating lightening protection guard system is required for each solar energy system.
(e) Removal of defective or abandoned solar energy systems.
1. Any solar energy system found to be unsafe by the city's Code Enforcement Officer must be repaired by the landowner to meet federal, state and local safety standards or removed within six months. If any solar energy system is not operational for a period of 12 or more consecutive months, the city shall notify the owner, by registered mail, that corrective action be completed within 60 days. If there is a failure to comply, the solar energy system will be removed by the city at the owner's expense. The City Manager shall have the authority to pursue legal action if necessary.
2. Any such removal must meet all state and federal EPA regulations for removal of any part of the solar energy system.
(f) Emergency disconnect. An external disconnect switch, readily accessible by emergency responders, and which is clearly identifiable and unobstructed, shall be provided to disconnect power at the solar panel. In addition, roof-mounted solar energy systems shall allow for adequate roof access for firefighting purposes.
(1994 Code, § 155.005) (Ord. 200, passed 4-28-1969; Ord. 97-02, passed 6-9-1997; Ord. 20-03, passed 10-26-2020; Ord. 22-06, passed 12-27-2022)