The regulation of solar systems, including the height, size and required setbacks for such systems, is intended to provide for an alternative source of power generation while protecting the health, safety or welfare of residents.

(Ord. No. 2010-9, 6-21-10)

Solar systems may be erected, relocated, enlarged, structurally changed or altered in accordance with the provisions of this article.

(Ord. No. 2010-9, 6-21-10)

Certain words and phrases used in this article shall have the meanings set forth in this section. Words and phrases not defined in this section but defined in article II shall be given the meanings set forth in article II. All other words and phrases shall be given their common, ordinary meaning, unless the context clearly requires otherwise.

Applicant means the person or entity filing an application under this article.

Building integrated solar systems means a solar system that is an integral part of a principal or accessory building rather than a separate mechanical device replacing or substituting for an architectural or structural component of the building. Building integrated systems include, but are not limited to, photovoltaic or hot water solar systems that are contained within roofing materials, windows, skylights or awnings.

Height means the height of a solar energy conversion system measured from natural grade to the highest point of the system.

Mounting devices means devices and hardware that allow the mounting of a solar collector onto a roof surface or the ground.

Off-grid solar system means a system that is not electrically connected in any way to electric circuits served by an electric utility company.

On-grid solar system means a system that is electrically connected in any way to electric circuits served by an electric utility company.

Photovoltaic system means an active solar energy system that converts solar energy directly into electricity.

Pole-mounted solar system means a ground-mounted pole structure and its supports designed and constructed primarily for the purpose of supporting one or more solar system. This includes self-supporting lattice towers or monopole towers.

Roof-mounted solar system means a solar energy conversion system located on the roof of a building, fire wall, parapet wall, stage loft, water tower, or a roof structure for the housing of an elevator, stairway, tank, ventilating fan, or similar equipment required to operate and maintain the building.

Solar access means a southern view of the sun from any point on the collector surface that is not obscured by any vegetation, building or object located on parcels of land other than the parcel upon which the solar collector or module is located, between sunrise and sunset on any day of the year.

Solar array means any number of solar collectors or photovoltaic modules.

Solar collector means a device, structure or a part of a device or structure for which the primary purpose is to transform solar radiant energy into thermal or electrical energy.

Solar system means a device or structural design feature, a substantial purpose of which is to provide daylight for interior lighting or to provide for the collection, storage and distribution of solar energy for space heating or cooling, generation of electricity, or water heating.

Solar hot water system means a system that includes a solar collector and a heat exchanger that heats or preheats water for building heating systems or other hot water needs, such as residential domestic hot water or hot water for commercial processes.

Wall-mounted solar system means a system located on the wall of a building or structure.

(Ord. No. 2010-9, 6-21-10)

All solar systems shall conform to the following:

(1)

For the purposes of this chapter, solar systems are considered to be accessory uses.

(2)

Application procedures. Applications for a permit to install a solar system shall be submitted to the building department. The building department shall forward applications to the appropriate departments and agencies when required by this article or other relevant statutes. The application shall include a plan showing the following:

a.

Size and proposed location of the solar collector, including location of any buildings on the site and on any contiguous lot,

b.

A picture or sketch of all the elements of the solar collector which would be exposed to view from adjacent properties,

c.

Dimensions of all buildings,

d.

Lot lines, and

e.

Setback lines as established in the zoning regulations.

(3)

Standards. All structural, electrical and mechanical components of the solar systems shall conform to relevant and applicable local, state and national codes and all applicable industry standards. Photovoltaic systems shall be installed by contractors certified by the North American Board of Certified Energy Practitioners (NABCEP).

(4)

Utilities. Planning department staff will notify the electric department of proposed on-grid solar systems and interconnected customer-owned generators.

(5)

Signs. Solar systems may include one or more small signs, emblems, or decals to identify the following:

a.

The name or logo of the manufacturer and/or installer.

b.

The make, serial number, and other pertinent information about the solar system

c.

Such signs shall not contain advertising copy.

(6)

Unsafe or inoperative systems.

a.

Any solar system found to be unsafe by the building official shall be repaired by the owner to meet all code requirements or removed as directed.

b.

If any solar system is not used for a period of 12 months, the owner shall be notified by certified mail to set forth reasons for the operational difficulty and provide a reasonable timetable for corrective action. If one is not provided to the satisfaction of the city, the landowner shall remove the solar system within 60 days of receipt of a notice to remove.

(7)

Disconnecting solar systems during emergencies or utility maintenance.

a.

The city shall have the right to disconnect solar systems during emergencies, such as fire or other catastrophe, or when utility maintenance is to be performed.

b.

Solar systems shall include an emergency disconnect that is clearly labeled, easily accessible and in a location to be approved by the city's electrical inspector.

(Ord. No. 2010-9, 6-21-10)

Approval of solar systems located in regulated historic districts.

(1)

Design review required. Solar systems located in regulated historic districts shall obtain approval from the historic district commission, where applicable, before seeking any other required approvals.

(2)

Procedures for design review shall be in accordance with chapters 64 and 122. In addition to the applicable standards and regulations found therein, the following design standards apply for solar systems:

a.

Solar systems shall be installed in a manner which does not damage or obscure character-defining features of an historic resource. Solar panels should be located so as not to change an historic roofline or obscure the relationship of an historic roof to character-defining features such as dormers and chimneys.

b.

Pole-mounted solar systems shall be installed in locations that are not clearly visible from public streets.

c.

Roof-mounted solar systems that are not building integrated systems.

1.

Solar systems on pitched roofs:

a.

Systems may only be attached to the side or peak of a roof that is clearly visible from public streets when such systems could not otherwise be located on sides and peaks of the roof that are not clearly visible from public streets.

b.

Systems shall be installed below the ridgeline of a pitched roof.

c.

Systems shall be mounted parallel to the plane of a pitched roof and have a low profile.

2.

Solar systems on flat roofs:

a.

Systems shall not be attached to parapet walls that are clearly visible from public streets or any extension of a front wall of a building that is clearly visible from public streets.

b.

Systems shall be set back from the edge of a flat roof, so as not to be visible from a public street.

d.

Building integrated solar systems. The historic district commission, where applicable, shall review and approve the use of building integrated solar systems.

e.

The historic district commission, where applicable, may require that solar systems, excluding solar collector surfaces, be painted so as to be architecturally compatible with the building on which it is located or to blend in with the surrounding area.

(Ord. No. 2010-9, 6-21-10; Ord. No. 2012-8, § 1, 6-18-12)

(a)

Solar systems are a permitted use subject to the following standards:

(1)

Height. Solar systems shall meet the following height standards:

a.

Height of solar systems mounted on poles shall not exceed height requirements for principal uses as specified in article XIV, schedule of regulations.

b.

Height of solar systems that are roof-mounted and not within regulated historic districts may exceed the height of the tallest part of the roof to which it is attached by no more than ten feet.

c.

Applicants must obtain special use approval from the planning commission to exceed height restrictions

(2)

Setback requirements. Solar systems shall meet the following setback requirements:

a.

General rules for location on lot. Solar systems, with the exception of building integrated solar systems, may not encroach into setback requirements for accessory uses for the zoning district in which they are to be located; nor shall they be located between the front lot line and the front wall of dwellings.

b.

Pole-mounted solar systems. Solar systems shall be set back a distance equal to the height of the pole or solar system, whichever is greater, from all adjacent occupied structures.

c.

Roof-mounted solar systems.

1.

Location on roof. The collector surface and mounting devices shall not extend beyond the exterior perimeter of the building on which it is mounted.

2.

Exterior piping for solar hot water systems shall be allowed to extend beyond the perimeter of the side or rear of a building and shall be painted to blend in with adjacent surfaces.

(3)

Number.

a.

Pole-mounted. Solar systems may consist of two pole-mounted systems.

b.

Roof-mounted. Unlimited.

c.

Building integrated. Unlimited.

d.

Wall-mounted. Shall not cover more than 50 percent of the wall to which it is attached.

(4)

Installation. Solar systems may be mounted on poles, roof-mounted, or wall-mounted.

(5)

Guy wires. Poles requiring guy wires are not permitted in R-1, single-family residential and R-2 single and two-family residential districts.

(6)

Size of solar systems.

a.

Ground-mounted. Limited to lot coverage requirements for accessory structures.

b.

Roof-mounted. May not exceed the square footage of the roof to which they are attached.

c.

Building integrated. No limit to the size of building integrated systems.

d.

Wall-mounted. Shall not cover more than 50 percent of the wall to which it is attached.

(7)

Minimum lot size. None.

(b)

Where a solar system is the principle use of the property, it is only permitted after special use approval in the M-1, light industrial and M-2, general industrial districts subject to the following standards:

(1)

Height. Subject to special approval.

(2)

Square footage of systems. Subject to special approval.

(3)

Setback requirements. Solar systems shall meet the following setback requirements:

a.

Solar systems may not encroach into setback requirements for principal uses for the zoning district in which they are to be located.

b.

Solar systems shall be set back a distance equal to 100 percent of the system height from all property boundaries, public rights-of-way, utility lines, or the Saginaw River.

(4)

Number. Subject to special approval.

(5)

Installation. Solar systems may be ground-mounted, roof-mounted or on poles.

(6)

Minimum lot size. Subject to special approval.

(7)

Decommissioning. The applicant shall submit a decommissioning plan that is in recordable form to be recorded with the county register of deeds. The plan shall include the anticipated life of the project, the estimated decommissioning costs net of salvage value in current dollars, the method of ensuring that funds shall be available for decommissioning and restoration and the anticipated manner in which the project shall be decommissioned and the site restored.

(8)

The planning commission may require that applicants provide a form of surety, either through escrow account, bond or otherwise, to cover the cost of removal in the event the city must remove the solar system, of an amount and form determined to be reasonable by the planning commission, but in no event to exceed more than 125 percent of the cost of removal and compliance with the additional requirements set forth herein. Such surety shall not be required for municipally or state-owned solar systems. If required, the applicant shall submit a fully inclusive estimate of the costs associated with removal prepared by a qualified engineer. The amount shall include a mechanism for cost of living adjustment.

(Ord. No. 2010-9, 6-21-10)

The city shall not be responsible for requiring that adjacent property owners provide and/or maintain solar access to any solar collector system.

(Ord. No. 2010-9, 6-21-10)