(A) Permitted accessory use for SES-NC.
(1) A noncommercial solar energy system that meets the requirements of this subchapter is a permitted accessory use in all zoning districts where structures of any sort are allowed. See § 156.414.
(2) A solar carport is a permitted accessory use, including on a surface parking lot, in all districts regardless of the existence of another building.
(B) Safety, design, and installation standards for SES-NC.
(1) Interference from adjacent or nearby properties.
(a) When selecting a site for solar panels, an applicant shall take into consideration the potential maximum allowable structure height and possible landscaping of the adjacent and nearby properties to avoid interference and potential loss of efficiency from the sun to the solar panel surface.
(b) As part of the application process, a written disclaimer is required acknowledging an issued permit does not imply any solar access rights. See § 156.411(D) "Disclaimer and Solar Easement For SES-NC".
(2) Roof-mounted and wall-mounted SES-NC.
(a) A roof-mounted or wall-mounted SES-NC may be located on a principal or accessory building.
1. Any such system shall be installed in accordance with applicable building codes.
(b) A roof-mounted system on a flat roof that is visible from the nearest edge of the building's front right-of-way shall not be more than five feet in height above the finished roof.
(3) Building-integrated photovoltaic SES-NC.
(a) A building-integrated photovoltaic SES-NC may be utilized in the construction of a principal or accessory building.
(b) Any such system shall be installed in accordance with applicable building codes.
(4) Ground-mounted SES-NC.
(a) A ground-mounted SES-NC shall not be placed:
1. Within any legal easement or right-of-way location;
2. Within any storm water conveyance system or floodplain;
3. In any other manner that would alter or impede storm water runoff from collecting in a constructed storm water conveyance system. This includes but is not limited to state, county and privately owned waterways, ditches, drainage tiles, retention areas, and designed swells.
(b) A solar energy system must meet the accessory structure setback for the zoning district and principal land use associated with the lot on which the system is located.
(c) In a nonresidential district, a ground-mounted SES-NC shall not exceed 15 feet in height above the ground elevation surrounding the system, when oriented at maximum vertical tilt.
(d) In a residential district, a ground-mounted SES-NC shall not exceed ten feet in height above the ground elevation surrounding the system, when oriented at maximum vertical tilt.
(e) Safety/warning signage as required by applicable law concerning voltage shall be placed at ground-mounted electrical devices, equipment, and structures.
(5) Variance.
(a) In the event any provision in § 156.411 has the effect of prohibiting the installation of a solar energy system, the applicant shall have the right to petition the BZA for a variance from the development standards.
1. A site plan shall be submitted with the variance request.
(6) Electrical components standards.
(a) Electrical system components of an SES-NC shall conform to applicable local, state, and federal safety codes for similar SES-NCs.
(b) Electric system components of an SES-NC shall have an Underwriters Laboratory (UL), or equivalent listing and a solar hot water system must have a Solar Rating & Certification Corporation (SRCC) or equivalent rating.
(c) All on-site utility, transmission lines, and plumbing shall be placed underground to the extent feasible.
(d) When solar storage batteries are included as part of the solar energy collector system, they must be placed in a secure container or enclosure and installed and maintained as required by applicable law.
(7) Utility interconnection.
(a) An SES-NC, if interconnected to a utility system, shall meet the requirements for interconnection and operate as required by applicable law.
(8) Visibility.
(a) Visibility standards do not apply to a system in a non-residential district.
(b) A solar energy system in residential district shall be designed to minimize visual impacts from the public right-of-way to the extent that doing so does not affect the cost or efficacy of the system, consistent with I.C. 36-7-2-8.
(c) A building-integrated photovoltaic solar energy system is exempt from any visibility standard.
(9) Aesthetic restrictions.
(a) A roof-mounted or ground-mounted solar energy system shall not be restricted for aesthetic reasons.
(b) A roof-mounted system on a flat roof is exempt from any screening requirement for aesthetic reasons.
(10) Lot coverage.
(a) A ground-mounted system shall meet the existing lot coverage restrictions as defined for the zoning district.
(11) Color, finish, and glare.
(a) Color and finish.
1. To the extent reasonably possible, an SES-NC shall be designed using such features as color, material, texture, screening, and landscaping to blend into its setting and avoid significant visual impact.
2. An SES-NC shall remain painted or finished in the color and/or finish that was originally applied by the manufacturer.
3. The exterior surface of any visible components shall be a non-reflective, neutral color (e.g., white, gray) or another non-obtrusive color.
4. Finishes shall be matte or non-reflective.
(b) Glare.
1. To the extent reasonably possible, solar energy panels, regardless of how they are mounted, shall be oriented and/or screened year-round so that glare is directed away from adjacent properties and streets.
2. An SES-NC using a reflector to enhance solar production shall minimize glare from the reflector affecting adjacent or nearby properties, roads, or streets.
3. The applicant has the burden of mitigating any glare produced so as not to have significant adverse impact on adjacent land uses. NOTE: Mitigation can be accomplished by panel siting, panel orientation, landscaping and/or other means.)
(12) Signage.
(a) No portion of an SES-NC shall contain or be used to display advertising.
1. The manufacturer's name and equipment information or indication of ownership shall be allowed on any equipment of an SES-NC provided it complies with the prevailing Sign Ordinance.
2. Appropriate warning signs will be allowed.
(13) Trees and landscaping.
(a) Trees or other landscaping required by a county ordinance or attached as a condition of approval to any non-SES-NC plan, application, or permit shall not be removed for the installation or operation of an SES-NC.
(C) Permit application requirements for SES-NC.
(1) Ground-mount SES-NC.
(a) An application for a ground-mounted solar energy system requires an improvement location permit, electrical permit, and any other required permit or approval from Wayne County and any other agency having jurisdiction shall include a site plan for review and approval.
1. The site plan may be a mechanical drawing or hand-drawn sketch, but the plan shall show the location of the proposed system, property lines, lot dimensions, and setback distances, and the maximum height above grade of the proposed system.
(b) Plan approval does not indicate compliance with applicable building codes or electric codes.
(2) Roof-mount or wall-mount SES-NC.
(a) An application for a roof-mounted or wall-mounted SES-NC requires an electrical permit and shall include an engineering certification from a qualified registered professional engineer that the structure to which the solar technology will be affixed will tolerate the installed weight and wind load of said technology.
(3) Description of SES-NC.
(a) The description of the proposed SES-NC shall include at a minimum the following:
1. Type of solar technology (e.g., solar panels, thermal solar, solar shingles).
2. Solar panel mounting technique (e.g., ground-mount, roof-mount, wall-mount).
3. Solar panel installation height.
4. Name plate generating capacity.
5. The means of interconnecting with the electrical grid, if applicable.
6. Any accessory structure required by the installation (e.g., equipment shed).
(D) Disclaimer and solar easement for SES-NC.
(1) Disclaimer.
(a) Prior to the issuance of an improvement location permit, the applicant(s) must acknowledge - in writing - that the issuing of said permit for a solar energy system shall not and does not create in the property owner, its-his-her-their successors and assigns in title, or create in the property itself:
1. The right to remain free of shadows and/or obstructions to solar energy caused by development of adjacent or other properties, or the growth of any trees or vegetation on such property(s); or
2. The right to prohibit the development on adjacent or other properties, or the growth of any trees or vegetation on such properties.
(2) Solar easement.
(a) This disclaimer is subordinate to any solar easement agreement entered into with another landowner(s).
1. A solar easement is a private agreement between landowners and does not fall under the purview of this ordinance.
2. Any term or condition stated in a solar easement agreement that conflicts with any requirement set forth in the Wayne County Zoning Ordinance (e.g., minimum setback requirements, height restrictions) does not supersede the ordinance.
(Ord. 2023-01, passed 4-12-2023)