1183.17 PHOTOVOLTAIC AND OTHER TYPES OF SOLAR PANELS AND SOLAR PANEL ARRAYS.
   (a)    Photovoltaic and other types of Solar Panels and Solar Panel Arrays that have similar physical characteristics may be installed on the roof planes of buildings, including homes and residential accessory structures, provided they:
      (1)   Are not installed on buildings that are located within any Historic District or on any building that is located outside of any Historic District when the property is individually recognized as being Historically Significant, when such Solar Panel or Solar Panel Array is visible from the public way in front of the building except as otherwise provided below.
         A.   Owners of properties that are located within any Historic District or of properties that are located outside of the District that are individually designated as Historic Properties, may propose systems that are marginally visible from the Public Way in front of the property on which they are installed. In these cases, the applications shall be referred to the Historic Preservation Commission ("HPC") and Architectural Review Board ("ARB") for review and approval, which shall jointly consider the application. Approval may be granted if the HPC/ARB determine that the proposed installation does not have a significant impact on the character or visual quality that convey the property's cultural significance and that the installation will not be a prominent element that detracts from the character-defining features of the building or landscape. Approval or denial by the HPC/ARB may be in part or in its entirety, based on examples cited by the Technical Preservation Services division of the National Park Service in its technical bulletin ITS 52 and other examples cited by the National Park Service. In all cases where an application is referred to the HPC and ARB, the neighbors within 200 feet of the property on which the Solar Panel installation is proposed shall be notified of the meeting by regular U. S. Postal Service a minimum of twenty (20) days in advance of the meeting. The failure of delivery of notice to the owners of parcels entitled to notice shall not render action taken by the HPC/ARB void or voidable.
      (2)   Are installed on pitched roofs in such a manner so as to not project more than six (6) inches above the plane of the roof and do not project above the ridge line of the section of the roof to which they are mounted except as otherwise provided in subsection (a)(3), below.
      (3)   Are installed at not greater than a thirty-seven degrees (37°) angle from horizontal on flat roofs provided that the top of the lower edge of the panels does not project more than six (6) inches above the surface of the roof and provided further that the top of the upper edge of the panels or arrays does not project more than twenty-four (24) inches above the roof plane to which they are mounted.
      (4)   Are constructed of frames and other components that are made of anodized aluminum or other non-ferrous metal and surfaced with a powder coating in a color that blends with the underlying roof covering when such frames and components are visible from the public way in front of the home.
      (5)   Are constructed with glass or similar material that is manufactured or treated in a manner to minimize glare.
      (6)   Comply with the applicable provisions of the National Electric Code and other laws, rules, and regulations governing their installations.
      (7)   Are maintained in proper working order, in good repair, and removed within ninety (90) days of the cessation of their operation.
      (8)   Comply with the foregoing regulations unless such Solar Energy System was installed prior to the adoption of this subsection. Any upgrades, modifications, or changes to an existing System that significantly alter the size or placement of the System must comply with the requirements of this Chapter.
   (b)   Photovoltaic and other types of Solar Panels and Solar Panel Arrays that have similar physical characteristics may be installed on the side and rear exterior walls of buildings provided they comply with the applicable provisions of Section 1183.17(a), and provided they:
      (1)   Are installed in such a manner so as to not project more than six (6) inches beyond the wall surface or above the top of the wall to which they are mounted.
   (c)   Freestanding Photovoltaic and other types of Solar Panels and Solar Panel Arrays that have similar physical characteristics may be installed in the side and rear yards of properties within the community provided they comply with the applicable provisions of Section 1183.17(a), and provided they:
      (1)   Do not exceed twenty (20) feet in height at any point.
      (2)   Are placed a minimum of five (5) feet from the side and rear property lines.
      (3)   Are placed to the rear of the rear building line of the home.
      (4)   Are not visible from the public way in front of the home when they are placed on any property that is located in any Historic District or on any home that is located outside of any Historic District when the property is individually recognized as being Historically Significant.
         (Ord. 24-2020. Passed 12-14-20.)