(a) Purpose. The City of Wapakoneta recognizes the importance of clean, sustainable and renewable energy resources. The intent of these regulations is to establish general guidelines for the location of solar panels and solar collection systems. The City recognizes that in some specific instances, under carefully controlled circumstances, it may be appropriate to permit the placement of solar panels or solar collection systems in certain areas of the City. City Council also recognizes the need to protect the safety, health and welfare of adjacent properties from unnecessary and unreasonable visual interference, noise radiation and the incorrect placement of solar panels or solar collection systems may such that they may have a negative effect on surrounding property values. As such, this section seeks to:
(1) Protect public and private property from the potential adverse impacts of solar panels or solar collection systems.
(2) Permit solar panels or solar collection systems on residential, commercial, industrial or agricultural property and review such systems, if warranted.
(3) Ensure the public health, welfare and safety of City residents in connection with solar panel or solar collection systems.
(4) Avoid potential damage to real and personal property from solar panels or solar collection systems from the failure of such structures and related operations.
(b) Definitions.
(1) “Free-standing solar panels or solar collectors.” Any solar panel or solar collection system not attached to and separate from any existing structures on the site. Free-standing solar collectors shall be considered an accessory structure and shall be subject to the requirements for such, together with all other applicable building codes and ordinances, through a conditional use review process.
(2) “Solar panels or solar collection systems.” A device or combination of devices, structures, or parts thereof, that collect, transfer, or transform director solar, radiant energy into thermal, chemical or electrical energy and that contribute significantly to a structure's energy supply.
(3) “Structurally-attached solar panel or solar collectors.” A solar panel or solar collector physically attached to an existing structure roof. Structurally-attached solar collectors shall be a permitted as an accessory use in all districts and subject to administrative review and approval.
(c) Applicability. No solar panel or solar collection system shall be constructed, erected, installed or located within the City limits until proper approval has been obtained pursuant to this Zoning Code as follows:
(1) Solar panels or solar collection systems mounted flat on the roof of a building shall be permitted as an accessory use, as governed in this section, in all zoning districts.
(2) Solar panels or solar collection systems which are freestanding, mounted on poles or other structures excluding the roof of a building, shall be conditionally permitted pursuant to Section 1252.07 in all zoning districts.
(d) Development Standards. Solar panels or solar collection systems shall conform to or be evaluated for compliance with the following standards:
(1) The proposed system is no larger than necessary to provide 120% of the electrical energy requirements of the structure to which it is accessory to as determined by a contractor licensed to install solar and photovoltaic energy systems.
(2) If roof-mounted, the solar or photovoltaic system shall:
A. Be flush mounted on the roof unless good cause is shown by the applicant during site plan review that the solar panel is not at an appropriate angle to obtain maximum sun exposure if mounted flush to the roof.
B. Be located in the most inconspicuous location on the roof so as not to be seen from the street, if possible, and still be able to function as designed.
C. Not extend higher than the peak of a sloped roof or higher than five feet from the top of a flat roof.
(3) If free-standing, the solar or photovoltaic system shall:
A. Not extend more than ten feet above the existing grade in residential districts. In all other districts, the maximum height of a solar or photovoltaic system will be determined on a case by case basis upon site plan review (Section 1292.21(g), Procedure for Review).
B. Not be located in the front yard.
C. Not be located in any required side or rear yard setback areas for accessory uses.
D. Not be positioned so as to reflect sunlight onto neighboring property, public streets or sidewalks, including on any neighboring structures.
E. Be landscaped at the base and the back of the panel structure if structure is visible from neighboring property.
(4) All signs, both temporary and permanent, are prohibited on solar panel or solar collection systems, except as follows:
A. Manufacturer's or installer's identification information on the system which shall be appropriately sized.
B. Appropriate warning signs and placards.
(5) Solar panel or solar collection systems shall comply with all applicable sections of the Ohio Building Code and applicable industry standards such as the American National Standards Institute (ANSI), Underwriters Laboratories (UL) or an equivalent third party.
(6) All electrical wires and connections shall be located underground.
(e) Utility Connection. Solar panels or solar collection systems proposed to be connected to the local utility power grid through net metering shall adhere to Ohio R.C. 4928.67 and the current ANSI standard.
(f) Maintenance. All solar panel or solar collection systems shall be maintained in good working order.
(g) Procedure for Review. If required in Section 1292.21(c), Applicability, the following procedure shall be utilized for the review and approval of solar panels.
(1) In accordance with Section 1252.07, Conditional Uses, a solar panel or solar collection system shall be subject to receiving a conditional use permit prior to installation or modification thereof.
The issuance of a conditional use permit shall comply with the following requirements:
A. Site plan review. A site plan shall be submitted for review for free-standing solar panel or solar collection systems. The following items shall be the minimum requirements to be considered a complete application and shall include the following:
1. Property lines and physical dimensions of the applicant's property.
2. Location, dimensions and types of existing structures on the subject property and on properties directly contiguous to the subject property.
3. Location of the proposed solar panel or solar collection system, and associated equipment.
B. System specifications, including manufacturer, model, kilowatt size.
C. Documentation shall be provided regarding the notification of the intent with the utility regarding the applicant's installation if the system will be connected to the power grid.
D. Electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the National Electrical Code (typically provided by the manufacturer).
E. Compliance with all development standards as outlined in Section 1292.21(d), Development Standards.
(2) Zoning compliance. A Zoning Certificate must be obtained in accordance with Section 1252.04, Zoning Certificates.
(2) Building permit. A building permit must be obtained from the appropriate approving agency, by the Engineering Department.
(Ord. 2012-27. Passed 6-4-12.)