Milan City Zoning Code
CHAPTER 1187
Solar Energy Systems
1187.01 PERMITTED USES.
Only Flush Mounted Solar Energy Systems, ground mounted solar panels less than one (1) square foot in size, and wall mounted solar panels less than one (1) square foot in size shall only be a permitted or accessory use in the Village as set forth herein. Flush Mounted Solar Energy Systems shall only be permitted as an accessory use on properties in the I Industrial District and R-1 Residential District but shall not be permitted in R-1 zoned properties in the Mitchell Historic District on the effective date of this Ordinance. Flush Mounted Solar Energy Systems shall not be permitted as an accessory use on properties in the R-2 Residential District, R-3 Residential District, C-1 Central Business District, the C-2 General Commercial District, and the Mitchell Historic District as of the effective date of this Ordinance, except that Flush Mounted Solar Energy Systems shall be an accessory use on structures with flat roofs in the C-1 Central Business District. Ground mounted solar panels more than one (1) square foot in size and wall mounted solar panels more than one (1) square foot in size are not a permitted accessory use in any zoning district. (Ord. 830-08-22. Passed 8-24-22.)
1187.02 INTENT.
In addition to the applicable provisions of the intent stated in Section 1187.04, it is the intent of these regulations to provide for the placement of solar energy systems to achieve the following objectives:
(a) To regulate the construction, modification, operation and abandonment of solar energy systems;
(b) To require solar energy systems to meet reasonable standards that will protect the public health, safety, and welfare while preserving the enjoyment of private property;
(c) To minimize the adverse impacts of solar energy systems on contiguous properties and on the aesthetic quality of the Village; and,
(d) To promote orderly land use, and development while allowing the safe, effective, and efficient use of solar energy systems.
(Ord. 830-08-22. Passed 8-24-22.)
1187.03 DEFINITIONS.
(a) "Abandonment" means the discontinued use of the Solar Energy System in whole or part.
(b) "Flush Mounted Solar Energy Systems" Means a roof-mounted system mounted directly abutting the roof. The pitch of the solar collector may exceed the pitch of the roof up to five percent (5%) but shall not be higher than ten (10) inches above the roof.
(c) "Solar Energy System" means for electrical systems, any collection of solar panels, connectors, battery banks, controllers, wiring, meters, inverters, and/or switching devices or other related accessories intended to work in combination to convert solar energy to electrical power. For thermal systems this would include solar panels, piping, tanks, controllers, meters, heat exchangers and/or valves or other related accessories intended to work in combination to convert solar energy to thermal energy.
(d) "Solar Panel" means any device used for collecting solar energy and converting it to electrical power.
(Ord. 830-08-22. Passed 8-24-22.)
1187.04 APPLICABILITY.
(a) Solar Energy Systems shall be designed, erected, installed, operated, and maintained in accordance with the provisions set forth in this Chapter.
(b) A Building Permit, Zoning Permit and Electrical Permit shall be required prior to the erection, installation, connection, or operation of any Solar Energy System.
(c) Like-kind replacements, minor repairs or maintenance of lawfully existing Solar Energy Systems not involving structural changes may be undertaken without first obtaining a permit.
(Ord. 830-08-22. Passed 8-24-22.)
1187.05 APPLICATION REQUIREMENTS.
In addition to the application requirements set forth in Section 1129.03, an application for a Solar Energy System shall include:
(a) The manufacturer's specifications.
(b) Complete architectural and engineering drawings adequately scaled and dimensioned depicting the location, installation, mounting, anchorage details, appearance on the building and details for wiring and connections, and battery storage system details.
(c) Details for battery storage systems regarding:
(1) Location of equipment
(2) Ventilation
(3) Containment
(4) Supporting structures for batteries and equipment
(5) Electrical system, devices, and wiring
(d) Verification that the installer has the necessary professional training, North American Board of Certified Energy Practitioners (NABCEP) certification and licensure as may be required for the installation of solar energy systems.
(e) Certification by a licensed structural engineer that the roof of the building is designed to handle all structural loads including those imposed by the proposed Solar Energy System.
(f) Evidence that the Village electric utility approves the applicant's intent to install an interconnected customer-owned system if the proposed system is to interconnect to a local utility grid and a fully executed agreement with the Village.
(g) A description of the location and type of any required screening.
(h) A description of emergency and normal shutdown procedures and location of electrical disconnection switch.
(i) Payment of the fee as required by the Village of Milan's Interconnection Agreement, Building, Electrical and Zoning permits.
(Ord. 830-08-22. Passed 8-24-22.)
1187.06 GENERAL REQUIREMENTS.
(a) Solar Energy Systems shall only be permitted as accessory to a main use or building
located on the same lot or parcel. Such facilities shall be designed, installed, or constructed to provide electrical power to be primarily consumed by the main use or building to which they are accessory or Thermal Energy to provide electrical power or Thermal Energy to be primarily consumed by the main use or building to which they are accessory.
(b) The Design Review Board shall review Solar Energy Systems applications for compliance with the Building Code, general design standards, and design standards established in this Planning and Zoning Code.
(c) Solar Panels shall be placed on the roof of a building in accordance with the following:
(1) Solar Panels, or any part of the Solar Energy System shall not be visible from any street or sidewalk at the front elevation of the property.
(2) Solar Panels shall not extend beyond the edge of the roof.
(3) For pitched roofs (sloped in excess of three (3) inches per foot), Solar Panels shall be placed parallel to the plane of 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. In no case shall the top of the Solar Energy System exceed the top of the roof ridge.
(d) 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.
(e) 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.
(f) 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.
(g) Accessory components shall be located either within a building, or within a screened enclosure behind the main building, or are hidden from view behind the parapet wall
of buildings with flat roofs.
(h) Solar Energy Systems shall be properly maintained at all times in compliance with all manufacturers' specifications.
(Ord. 830-08-22. Passed 8-24-22.)
1187.07 SIGNAGE OR GRAPHIC CONTENT.
(a) No signage or graphic content may be displayed on the Solar Energy System except the manufacture's badge, safety information and equipment specification information. Said information shall be depicted with an area no more than thirty-six (36) square inches in size.
(Ord. 830-08-22. Passed 8-24-22.)
1187.08 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. 830-08-22. Passed 8-24-22.)
1187.09 VACATION, ABANDONMENT AND/OR DECOMMISSIONING.
(a) Discontinuation and/or abandonment is presumed when a Solar Energy System has
been disconnected from the net metering grid for a period of six (6) continuous months without being connected to a battery system or has not produced electricity for a period of six (6) months. The burden of proof in the presumption of discontinuation/abandonment shall be upon the Village.
(b) A Solar Energy System includes its solar related equipment must be removed within
six (6) months of the date of discontinuation and/or abandonment or upon termination of the useful life of the Solar Energy System.
(c) If an owner fails to remove or repair the vacated, abandoned, or decommissioned Solar Energy System within six (6) months, the Village reserves the right to enter the property, remove the system and charge the landowner and/or facility owner and operator for all cost and expenses including reasonable attorney's fees or pursue other legal action to have the system removed at the owner's expense.
(d) Any unpaid costs resulting from the Village's removal of a vacated, abandoned, or decommissioned Solar Energy System shall constitute a lien upon the lot against which the costs were charged. Each such lien may be continued, recorded, and released in the manner provided by the general statues for continuing, recording, and releasing the property tax liens.
(Ord. 830-08-22. Passed 8-24-22.)