It is the purpose of this chapter to regulate the construction, modification, operation and abandonment by discontinuation of use of solar energy systems, subject to reasonable conditions that will protect the public health, safety, and welfare while preserving the enjoyment of private property, promoting orderly land use, and development, allowing the safe, effective, and efficient use of solar energy systems. Solar energy systems shall be considered a permitted use in any zoning district, subject to the requirements of any other applicable chapter of this code.

(Ord. O-3-22, passed 2-28-2022)

   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

(Ord. O-3-22, passed 2-28-2022)

   (A)   No person shall construct, erect, maintain, extend, or remove a solar energy system in any zoning district in the village without compliance with the provisions of this chapter and applicable related requirements of the entire ordinances.

   (B)   Solar energy systems constructed prior to the effective date of this subchapter shall not be required to meet the requirements of this code, unless any physical condition or modification renders such system unrepairable or un-useable. If any pre-existing solar energy system is destroyed or damaged to such extent that it cannot be returned to original service, or any such damage or modification creates an unsafe condition it shall be replaced or removed in conformity with this chapter.

(Ord. O-3-22, passed 2-28-2022)

   (A)   Solar equipment shall only be an accessory use in residential and business zoning districts. Solar panels are a use permitted by right at any residential or non-residential building. In non-residential districts, solar equipment, other than solar panels, may be located on the roof in compliance with all requirements of this code.

   (B)   An application for a solar energy system shall be approved in compliance with the standards and criteria of this subchapter and shall include:

      (1)   A narrative describing the proposed solar energy system, including the approximate generating capacity of the project and the number, manufacturer, and model of the solar panels to be installed, their individual generating capacity, and a description of ancillary systems.

      (2)   A site plan to scale of the subject property showing the planned location of the solar panels, setback lines, proposed and existing ancillary equipment buildings, and structures. Elevation views are required for all roof mounted applications.

      (3)   Certificates of design compliance obtained by the equipment manufacturers from Underwriters Laboratories and other similar ce1tifying organizations to evidence that the design of the solar energy system conforms to applicable industry standards, including those of the American National Standards Institute.

      (4)   If the system is to interconnect to a local utility grid the operator or owner shall provide evidence that the local public electric utility company has been informed of the customer's intent to install an interconnected customer-owned generator. A copy of the power purchase agreement along with the inter-connectivity Agreement shall be provided.

      (5)   Provide manufacturer's literature for all systems showing compliance for design and structural requirements of stale codes or provide design and structural certification. All panels on residential roofs shall be placed parallel to the roof slope. All panels on non-residential roofs shall provide this information regardless of slope.

      (6)   A description of emergency and normal shutdown procedures and location of electrical disconnection switch to Village Building and Fire Departments. Placement of disconnect switch shall be mounted at the same elevation, and within 24 inches of primary line power meter unless further directed by the Building Department. Provide placard, as directed by Building Department, denoting location of disconnect switch within 24 inches of disconnect switch. The system hardware should be located in the rear yard, but at no time should this be located in the front yard.

(Ord. O-3-22, passed 2-28-2022)

manufacturer, in sufficient detail to allow for determination that the manner of installation conforms to all relevant and applicable local, state, and national codes, including the current national electric code NEC (NFPA 70). Solar energy systems interconnected to local utility shall have provide surge and lightning arrestors. All solar energy systems shall be grounded to reduce lightning strikes. All electrical lines and utility wires shall be buried underground.

      (7)   Roof-mounted. Roof-mounted solar energy systems shall be permitted in all zoning districts provided that the roof-mounted solar system is subject to all other requirements of zoning and building regulations, and all applicable local and state fire and building codes. Pitched roof-mounted arrays shall be parallel to the roof. The distance between the roof and the uppermost portion of the solar panels shall not exceed 18 inches. Pitched-roof-mounted solar systems shall not be located within 18 inches of the edge of the roof. Roof-mounted panels on a flat roof shall not project vertically more than five feet from the surface of the roof and shall be buffered as prescribed by city ordinance. At no time should any portion of a panel extend beyond the highest point of the respective roof line section, regardless of roof type in a residential area. Roof mounted panels can only be located on rear yard facing roof sections. Panels are not permitted on slate, stone, or clay tile roofing.

         (a)   Ground-mounted solar panels located on the ground or attached to a framework located on the ground shall not exceed four feet in height above the adjacent grade.

         (b)   All related equipment shall be buffered from the adjacent properties by fencing and/or approved landscaping features and must be maintained and effective through the life of the system.

         (c)   Ground-mounted solar panel arrays shall not exceed 25% of the required rear yard and within the setbacks defined by other chapters of the village ordinances.

         (f)   Rainwater run-off must not be directed to neighboring properties and should be directed to public storm water systems.

         (g)   Any trees obstructing installation or efficient operation of the solar system must be separately approved and permitted for removal. These trees must be identified at time of application.

(Ord. O-3-22, passed 2-28-2022; Ord. O-10-24, passed 6-10-2024)

   Base application fee shall be $180, plus other applicable plan review fees as determined by Building Department at time of application. For projects requiring plan review fees to be paid by applicants per Village Codified Ordinances.

(Ord. O-3-22, passed 2-28-2022)

   (A)   At such a time a solar energy system is scheduled to be abandoned or operation is to be discontinued, the applicant will notify the Building Department of the proposed date of abandonment or discontinuation of use. If applicant fails to notify the Building Department, then in that event the provisions contained under (C) herein below shall apply.

   (B)   Upon abandonment or discontinuation of use, the owner shall physically remove the solar energy system within 180 days from the date of abandonment or discontinuation of use. This period may be extended 60 days at the request of the owner but only upon the approval of the Building Department. "Physically remove" shall include, but not be limited to (not applicable to solar shingles themselves):

      (1)   Removal of the solar energy system and related above grade structures.

      (2)   Restoration of the location of the solar energy system to its natural condition, except that any landscaping, grading may remain in the after-conditions.

   (C)   In the event that an applicant fails to give such notice, the system shall be considered abandoned or discontinued if the system is out-of-service for a continuous six-month period. After 12 months of inoperability, the Building Department shall issue a notice of violation to the owner of the solar energy system. The owner shall have the right to respond to the notice of violation within 30 days from receipt. The Building Department shall withdraw the notice of abandonment and notify the owner that the notice has been withdrawn if the owner provides information that demonstrates the solar energy system has not been abandoned.

   (D)   If the owner fails to respond to the notice of violation or if after review by the Building Department it is determined that the solar energy system has been abandoned or use discontinued, the owner of the solar energy system shall remove the system at the owner's sole expense within 60 days of receipt of the notice of violation.

(Ord. O-3-22, passed 2-28-2022)