(A) General.
(1) No accessory use shall be permitted on a lot without a primary use.
(2) No accessory uses shall be permitted within any required front or side yard, except the minimum side lot line setback for sheds shall be six feet or the side line setback achieved by the existing primary structure, whichever is less, subject to meeting all of the following.
(a) The shed is accessory to a permitted residential use.
(b) The shed is without a permanent foundation.
(c) The shed is one story in height.
(d) The shed is a maximum of 350 square feet in size.
(3) No accessory uses shall be permitted within any required rear yard, except:
(a) The minimum rear lot line setback for garages shall be zero feet along an alley;
(b) The minimum rear lot line setback for accessory uses of 150 square feet or less shall be ten feet; and
(c) The minimum rear lot line setback for sheds shall be six feet, subject to meeting all of the requirements listed in division (A)(2) above.
(4) No activities or accessory uses shall be permitted which create a public nuisance or interfere with the use of adjacent lots.
(5) The maximum height of any accessory building or structure shall not exceed 50% of the permitted height of the primary structure.
(6) Accessory uses include, but are not limited to, animal shelters, detached garages, swimming pools, greenhouses, storage sheds and tennis courts.
(B) Use regulations.
(1) Swimming pool.
(a) No swimming pool shall be permitted within a front or side yard.
(b) No swimming pool shall be permitted less than 15 feet from any rear lot line.
(c) Private noncommercial swimming pools shall be entirely enclosed with a permanent barrier or fence not less than four feet in height. Walls of buildings may serve as part of such barrier or fence. Where pools are constructed above-ground, that portion of the pool wall extending above the ground may be included as part of a barrier or fence.
(d) All such barriers or fences shall have a gate which can be securely locked.
(e) Above-ground pools shall have a ladder or stairway which can be removed or rendered unusable and the entrance of the pool shall be capable of being securely closed to a height of four feet.
(f) All pool installations components shall meet IBC requirements.
(2) Detached garages.
(a) The maximum height shall be 20 feet.
(b) The maximum length shall be 36 feet.
(c) No temporary structure shall be permitted.
(d) Detached garages are not required to be set back from alleys (service streets) the distances which are specified as the minimum building setback line requirements in this chapter, but detached garages shall comply with all requirements of this section.
(3) Apartment building, townhouse and two-family attached dwelling accessory uses. Apartment building, townhouse and two-family attached dwelling accessory uses shall be restricted to uses designed for residents of the dwelling units and may include such uses as areas for washing machines and dryers and vending machines; lockers and storage areas; recreational rooms, areas and lounges; swimming pools and outdoor recreational areas. One office per project for the purpose of administering and renting dwelling units may be established. One “sample” dwelling unit for display purposes shall be permitted for each type of dwelling unit to be constructed.
(4) Solar energy system.
(a) Defined. A building-mounted residential solar energy system as defined is allowed as a permitted accessory use to any lawful residential use where listed on Table 1 subject to the requirements of this chapter.
(b) Generally. A system is considered an accessory solar energy system only if it supplies electrical or thermal power primarily for on-site use, except that when a property upon which the facility is installed also receives electrical power supplied by a utility company, excess electrical power generated and not presently needed for on-site use may be used by the utility company. The owner of the accessory solar energy system shall provide written confirmation that the public utility company has been informed of the customer’s intent to install an interconnected customer-owned generator and also approves of such connection. Off-grid systems shall be exempt from this requirement.
(c) Installed after effective date of this chapter. This section applies to solar energy systems to be installed and constructed after the effective date of this chapter, and all applications for solar energy systems on existing structures or property.
(d) Compliance with other regulations. The solar energy system shall comply with all applicable building and construction codes as amended and any regulations adopted by the Department of Labor and Industry. The design and installation of accessory solar energy systems shall conform to applicable industry standards, including those of the American National Standards Institute (ANSI), Underwriters Laboratories (UL), the American Society for Testing and Materials (ASTM) or other similar certifying organizations, and shall comply with the Building Code and with all other applicable fire and life safety requirements.
(e) Manufacturer specifications. The manufacturer specifications shall be submitted as part of the application.
(f) Upgrades. Any upgrades, modifications or changes that materially alter the size or placement of an existing solar energy system shall comply with the provisions of this section.
(g) Accessory solar energy systems. Accessory solar energy systems shall be designed and located in order to prevent reflective glare toward any inhabited structure on adjacent properties as well as adjacent street rights-of-way.
(h) Location. No portion of an accessory solar energy system shall be located within or above any front yard, along any street frontage, nor within any required setback of any property.
(i) Height. Building- or roof- mounted solar energy systems shall not exceed the maximum allowed height in any zoning district. For purposes for the height measurement, solar energy systems other than building-integrated systems shall be considered to be mechanical devices and are restricted consistent with other building-mounted mechanical devices
(j) Setback. in addition to the building setback, the collector surface and mounting devices for roof-mounted solar energy systems shall not extend beyond the exterior perimeter of the building on which the system is mounted or built. Exterior piping for solar hot water systems shall be allowed to extend beyond the perimeter of the building on a side yard exposure.
(k) Clearance. Roof-mounted solar energy systems shall be set back at least three feet from the roof edge and roof ridge line for Fire Department access.
(l) Applications. Plan applications for solar energy systems shall be accompanied by to-scale horizontal and vertical (elevation) drawings. The drawings must show the location of the system on the building or on the property for a ground-mount system, including the property lines. Applicants must use an installer who is on DEP’s approved list. For all roof-mounted systems other than a flat roof the elevation must show the highest finished slope of the solar collector and the slope of the finished roof surface on which it is mounted. For flat roof applications a drawing shall be submitted showing the distance to the roof edge and any parapets on the building and shall identify the height of the building on the street frontage side, the shortest distance of the system from the street frontage edge of the building, and the highest finished height of the solar collector above the finished surface of the roof.
(m) Design. To the extent reasonably possible, the design of the solar energy system shall use materials, colors and textures that will blend the system into existing structures and the environment.
(n) Written notice. Upon issuance of a zoning permit for a solar energy system, the Zoning Officer shall provide written notice of the issuance by first class mail to the owner of record of each adjoining lot along with a copy of this section of the chapter.
(o) New accessory structures or vegetation. When a solar energy system is installed on a lot, new accessory structures or vegetation established thereafter on an adjoining lot shall not be located in a manner that blocks the solar collector access to solar energy, or the solar access plane, so as to cause a major loss of efficiency. The portion of a solar collector that is protected is the portion which is located so as not to be shaded between the hours of 10:00 a.m. and 3:00 p.m. on December 21 by a hypothetical minimum 12-foot high obstruction located on the lot line. This division (B)(4)(o) shall not apply to structures or vegetation existing on an adjoining lot at the time of the installation of the solar energy system, or the effective date of this chapter, whichever is later, it shall apply to the erection of an accessory structure and to the planting of new vegetation and its subsequent growth on adjoining lots after the installation of the solar energy system.
(p) Installation. Installation of a solar energy system does not guarantee the creation of a permanent easement for solar access. However, existing solar energy systems and solar access requirement shall be considered by the Zoning Officer, Planning Commission and Council when reviewing applications for land development or subdivision.
(q) Burden of proof. It shall be the burden of the owner of a solar energy system claiming that the erection of an accessory structure or planting of vegetation is causing a major loss of efficiency to establish all facts necessary to support the claim, including, but not limited to, the actual power output of the system prior to the alleged impact, test conditions and comparable illumination levels, all of which shall be supported by a state-certified solar energy system installed or a professional engineer.
(r) Abandonment. If a solar energy system is inoperable for 12 consecutive months the owner shall be notified that he, she or it must, within three months of receiving the notice, restore his, her or its system to operating condition. If the owner fails to restore the system to operating condition within the six-month time frame, then the owner shall be required, at his, her or its expense, to remove the solar energy system for safety reasons. The system then would be subject to the public nuisance provisions of the municipal code.
(5) Wind energy system.
(a) Defined. An accessory wind energy system as defined is allowed as a permitted accessory use to any lawful residential use where listed on Table 1 subject to the requirements of this chapter.
(b) Maximum number. The maximum number of wind energy systems per property shall be one.
(c) Appearance. Wind turbines shall be a non-obtrusive color, such as white, off-white or gray.
(d) Setback. The base of the tower shall be set back from all property lines, public rights-of-way and public utility lines a distance equal to the total extended height. Turbines shall be allowed closer to a property line than its total extended height if the abutting property owner(s) grants written permission and the installation poses no interference with public utility lines or public road and rail rights-of-way.
(e) Tower height. Not to exceed the greater of the permitted height of a communications tower if permitted in the district, or two times the permitted height of a principal structure on the lot.
(f) Sound. Sound produced by the turbine under normal operating conditions, as measured at the property line, shall not exceed the definition of nuisance noise. Sound levels, however, may be exceeded during short-term events out of anyone’s control such as utility outages and/or severe wind storms.
(g) Wind turbine equipment. The design and installation of all accessory wind energy systems shall conform to applicable industry standards, including those of the American National Standards Institute (ANSI), Underwriters Laboratories, the American Society for Testing and Materials (ASTM), or other similar certifying organizations, and shall comply with the Building Code and with all other applicable fire and life safety requirements. The manufacturer specifications shall be submitted as part of the application.
(h) Engineered drawings. Building permit applications for accessory wind energy systems shall be accompanied by standard drawings of the wind turbine structure and stamped engineered drawings of the tower, base, footings, and/or foundation as provided by the manufacturer.
(i) Electrical Code compliance. Building permit applications for accessory wind energy systems shall be accompanied by a line drawing of the electrical components, as supplied by the manufacturer, in sufficient detail to allow for a determination that the manner of installation conforms to the National Electrical Code.
(j) Utility notification. No small wind energy system shall 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 generator. Off-grid systems shall be exempt from this requirement.
(k) Abandonment. If a wind turbine is inoperable for 12 consecutive months the owner shall be notified that he, she or it must, within three months of receiving the notice, restore his, her or its system to operating condition, If the owner fails to restore the system to operating condition within the six-month time frame, then the owner shall be required, at his, her or its expense, to remove the wind turbine from the tower for safety reasons. The tower then would be subject to the public nuisance provisions of the municipal code.
(l) Signage. All signs, other than the manufacturer’s or installer’s identification, appropriate warning signs or owner identification on a wind generator, tower, building or other structure associated with a small wind energy system visible from any public road shall be prohibited.
(m) Lighting. No illumination of the turbine or tower shall be allowed unless required by the FAA.
(n) Access. Any climbing foot pegs or rungs below 12 feet of a freestanding tower shall be removed to prevent unauthorized climbing
(Ord. passed 7-13-2015; Ord. 2018-2, passed 3-12-2018) Penalty, see § 154.999