(A) Solar PV systems, (solar PV) as defined by this adopted code, shall meet all applicable codes and ordinances and shall be installed only after issuance of a residential or commercial building permit.
(B) Solar PV systems can include, but not be limited to, solar PV panels, mounting systems, power optimizers, inverters, dedicated load panels, smart load panels and balance of system components such as disconnects, breakers/fuses, conductors, conduit, etc.
(C) Energy storage systems, (ESS-batteries) can be connected to a solar PV system but are not included in this section. The permit application should note the ESS connection and appropriate disconnects and transfer switches.
(D) Stand-alone power generators fueled by propane, gas, diesel or gas can be connected to a solar PV system but are not included in this section. The permit application should note the generator connection(s) and appropriate disconnects and transfer switches.
(E) Electric vehicle (EV) charging systems can be connected to a solar PV system but, albeit not mentioned in this section. A separate permit application will be required including any interconnections with a solar PV system.
(F) Wind power generator systems can be connected to a solar PV system but is not included in this section. A separate permit application will be required including any interconnections with a solar PV system.
(G) Solar PV system installers or contractors shall be registered with the city.
(H) Solar PV systems shall be sized not to exceed grid interconnect requirements of electric power distribution provider(s).
(I) Solar PV systems installed prior to effective date of this section shall be grandfathered, as installed. Owners wanting to upgrade, expand, or replace grandfathered solar PV systems will be required to apply for a building permit up to current code.
(J) Roof-mounted solar PV systems shall comply with the following:
(1) Solar PV panels (arrays) shall have a top edge that is parallel to the roof ridge and shall conform to the slope or the roof.
(2) Solar PV arrays may be located on any roof slope of an accessory building or structure, such as a patio cover or detached garage, subject to the regulations in divisions (J)(2) and (J)(5).
(3) Solar PV arrays mounted on flat roofs shall not exceed the maximum height permitted within the zoning district and shall be screened in accordance with all provisions of this section.
(4) Solar PV arrays shall be positioned on the roof so as not to extend above or beyond the edge of any ridge, hip, valley, or eave.
(K) Ground-mounted solar PV systems shall comply with the following:
(1) A ground-mounted solar PV system is not permitted as the primary use of a property unless zoned RA-1 and property owner applies for a special use permit for solar PV systems larger than grid interconnect requirements of electric power distribution provider for agrivoltaic or community solar system operations.
(2) On residential property, ground-mounted solar panel systems shall comply with the city code for maximum square footage and minimum setback requirements for residential accessory buildings and structures; For non-residential property, ground-mounted solar PV arrays shall
comply with the minimum setback requirements for non-residential buildings and structures and shall not be located within any required buffer yard or parking space unless installed on an approved carport structure.
(3) Ground-mounted solar PV arrays shall not be located between a residential property line abutting a street and the building.
(4) Masonry and architectural requirements shall not apply to ground-mounted solar PV systems except for geotechnical data required to meet code for racking systems.
(5) Ground-mounted solar PV arrays on residential property less than two acres shall be screened from view from the street or adjacent properties by a screening fence. For B-1 and B-2 Zoning Districts, ground-mounted solar panel systems on non-residential property shall be screened from view from the street and adjacent properties by a screening wall constructed of materials that match the predominant material used on the building.
(6) The maximum height of ground-mounted solar PV arrays shall not exceed the height of the required screening fence and shall not exceed eight feet.
(7) Long lengths of conduit and wiring associated between the system's PV array connection to the primary electrical panel shall be buried underground to code.
(L) Supporting equipment for solar PV systems, shall be wall-mounted if located on the building exterior the electric meter with a screening device if needed.
(M) Solar PV systems shall be installed in conformance with all applicable city codes and ordinances, including the 2021 International Fire Code and future amendments thereof.
(N) On residential lots or tracts of two acres or larger, roof- or ground-mounted solar panel systems may face a public street provided that the solar panel system is located at least 100 feet from any street right-of-way line. Screen fencing shall not be required for ground mounted solar PV systems meeting this provision.
(O) Solar PV arrays incorporated into building materials (building integrated photovoltaic materials -BIPM) such as roof shingles or tiles, windows, siding, or other architectural features integral to a building's design and are similar to the existing building materials installed on the roofing or facade of the building. The eligibility of a solar PV system under this division shall be subject to the determination of the Building Official.
(P) Property owner(s), upon written request submitted to the Building Official, may request to schedule a public hearing for the City Council to consider an alternate location than specified in this section for a roof-mounted or ground-mounted solar PV system. The City Council shall timely schedule a public hearing, sending a certified, mailed written notice of the hearing to owners of real property, as they appear on the last approved tax roll, situated within 200 feet of the exterior boundary of the property on which the alternate solar PV system is located at least ten days prior to the date of the public hearing. Notice of the public hearing shall also be published in the official newspaper of the city at least 15 days prior to the date of the public hearing.
(Q) Texas House Bill (HB) 362 the "Right to Install Solar Energy Devices Act" and Texas Property Code § 202.010 protects Texas homeowners' right to install solar PV panels as defined by Texas Tax Code § 171.107.
(Ord. 2023-14, passed 1-16-2023)