Lyndhurst City Zoning Code
CHAPTER 1181
Solar Energy Systems
1181.01 PURPOSE AND INTENT.
The purpose of this Chapter is to provide for the construction and operation of Solar Energy Systems as accessory uses within the City, to provide standards for the placement, design, and operation of such systems in order to protect the public health, safety, and general welfare, and to minimize the adverse impacts of Solar Energy Systems on adjacent properties and on the aesthetic quality of the City. (Ord. 2024-11. Passed 5-6-24.)
1181.02 DEFINITIONS.
The words and terms used in this Chapter shall have the following meanings:
(a) "Abandonment" means the discontinued use of the Solar Energy System in whole or part.
(b) "Solar Array" means any collection of solar panels, connectors, battery banks, controllers, wiring, meters, and switching devices intended to work in combination to convert solar energy to electrical power.
(c) "Solar Cell" means the basic photovoltaic device that generates electricity when exposed to light.
(d) "Solar Energy System" means the photovoltaic cells and related accessories that are designed to convert solar energy into electrical energy; or a system consisting of solar thermal collectors, parabolic reflectors, or similar structures that are designed to harness solar energy for use as thermal energy for heating water or air and may include battery storage systems.
(e) "Solar panel" means any device used for collecting solar energy and converting it to electrical power.
(Ord. 2024-11. Passed 5-6-24.)
1181.03 COMPLIANCE AND PERMIT REQUIRED.
Solar Energy Systems shall be designed, erected, installed, operated, and/or maintained only in accordance with the provisions set forth in this Chapter. An Electrical Permit and Building Permit, if structural alterations will be performed, issued by the Building Commissioner shall be required prior to the erection, installation, connection, or operation of any Solar Energy System. Applicants shall provide written evidence that the power company has been informed of the intent to install a Solar Energy System at the subject site. Additionally, applicants shall provide the installation instructions and electrical diagram to the Building Commissioner with such permit application.
(Ord. 2024-11. Passed 5-6-24.)
1181.04 USE TO BE ACCESSORY.
Solar Energy Systems shall only be permitted as accessory to a principal use or building located on the same lot or parcel. Such systems shall be designed, installed, or constructed to provide electrical power to be primarily consumed by the principal use or building to which they are accessory. Cooperative facilities, electrical storage, and distribution of power are prohibited.
(Ord. 2024-11. Passed 5-6-24.)
1181.05 ROOF MOUNTED SOLAR ARRAYS.
Roof mounted Solar Arrays shall be located in conformance with the following criteria and standards:
(a) Roof Mounted Solar Arrays shall be permitted in Single Family Residential Districts, Cluster Single Family Residential Districts, Multifamily Districts and Residential Planned Unit Development Districts, provided that Solar Panels shall be placed parallel to the plane of a pitched roof and shall be ten (10) inches or less above the surface of the roof when measured to the top of the solar panel and that all accessory components are located within the building or behind the principal building and within the side and rear building setback lines. Solar Panel Arrays shall not be visible from the public right-of-way.
(b) Roof Mounted Solar Arrays shall not be permitted in Community Business Districts, Office Building Districts, and Mixed Use Overlay Districts.
(c) Roof Mounted Solar Arrays in Permitted Districts. Roof mounted Solar Arrays shall have appropriate structural support and shall be designed to withstand winds of one hundred and fifteen (115) miles per hour. Additionally, a stamped assessment of the existing roof from a certified State of Ohio Engineer evidencing the existing roof will be able to support the Roof Mounted Solar Array shall be required to be submitted with the permit application.
(Ord. 2024-11. Passed 5-6-24.)
1181.06 FREE-STANDING OR GROUND MOUNTED SOLAR ARRAYS.
Free-standing or ground mounted Solar Arrays shall NOT be permitted.
(Ord. 2024-11. Passed 5-6-24.)
1181.07 GENERAL REQUIREMENTS.
(a) When locating a Solar Panel, it is the property owner's responsibility to consider current and future development, growth of trees and vegetation, and other obstructions that might interfere with solar access. Nothing in this section shall prohibit the owner of the solar energy system from requesting or obtaining a solar access easement from any person. Solar access easements shall be in compliance with Ohio R.C. 5301.63 which sets forth the requirements for solar access.
(b) Solar Panels and related equipment shall be located, oriented or screened and constructed of such material to prevent to the fullest extent practicable glare from Solar Panels to not be directed at any other person, building or public right-of-way.
(c) Solar Panels shall be uniform in appearance and color, and to the extent practicable, match the design and color of the roof on which the panels will be placed.
(d) Solar Energy Systems shall be properly maintained at all times in compliance with all manufacturers' specifications and any state or federal regulation not in conflict with the requirements contained in this Chapter.
(e) Solar Energy Systems shall comprise only the minimum area to provide the energy necessary to serve the property.
(Ord. 2024-11. Passed 5-6-24.)
1181.08 ARCHITECTURAL REVIEW BOARD.
(a) Approval by the Architectural Review Board shall not be required prior to the issuance of a permit by the Building Commissioner so long as the Solar Energy System will not be visible from a public right-of-way. In the event the Solar Energy System will be visible from a public right-of- way, as determined by the Building Commissioner, the Building Commissioner shall submit the plans for the proposed Solar Energy System to the Architectural Review Board in accordance with Section 1327.01.
(Ord. 2024-11. Passed 5-6-24.)
1181.09 ABANDONMENT.
Upon abandonment, the owner shall physically remove the solar energy system within sixty (60) days from the date of abandonment. "Physically remove" shall include, but not be limited to:
(a) Removal of the Solar Energy System and related above grade structures.
(b) Restoration of the location of the Solar Energy System to its prior condition.
(Ord. 2024-11. Passed 5-6-24.)
1181.99 PENALTY.
Whoever violates the provisions of this Chapter shall be given notice by the Building Department of the violation(s) and be provided ten (10) days in order to remedy the violation(s) to the satisfaction of the Building Department. Failure to remedy the violation(s) within the time proscribed shall be a misdemeanor of the fourth degree. Each day that a Solar Energy System is erected or maintained in violation of this Chapter after the time proscribed to remedy said violation(s) shall constitute a separate and distinct offense.
(Ord. 2024-11. Passed 5-6-24.)