This article shall be known and may be sited as the "Neoga solar energy systems regulations."

(Ord. No. 1011-07-21, § XLV, 7-12-21)

The purpose of this article V is to establish reasonable and uniform regulations for the location, installation, operation and maintenance of solar energy systems; to assure that any development and production of solar energy systems is safe and to minimize any potentially adverse effects on the community; to promote the supply of sustainable and renewable energy resources, in support of national, state and local goals; and to facilitate energy cost savings and economic opportunities for residents and businesses situated within the corporate limits and or extraterritorial jurisdiction of the city.

(Ord. No. 1011-07-21, § XLV, 7-12-21)

(a)

Solar energy systems may be erected or installed on properties within the corporate limits and or extraterritorial jurisdiction of the city, in accordance with this article, as well as all state and federal laws and regulations, as amended from time to time, concerning the use and operation of said solar energy system, and shall be further subject to the following standards:

(1)

Except as authorized by the city council for public utility and/or public infrastructure purposes, solar energy systems shall only be permitted if accessory to a principal building and/or principal use.

(2)

Any person seeking to erect, construct, install, or maintain an interconnected solar energy system on property located within the corporate limits and or extraterritorial jurisdiction of the city, shall submit an application to the building inspector prior to the installation of any solar energy system. As part of the application, a person seeking to erect, construct, install, or maintain an interconnected solar energy system shall also submit a written narrative and/or graphic form, which includes all of the items below:

a.

Name, address, and telephone number of property owner;

b.

Name, address, and telephone number of the installer of the solar energy system;

c.

Description of the proposed solar energy system indicating the following:

1.

Plan showing the proposed location of the solar energy system;

2.

System dimensions and specifications;

3.

Evidence showing compliance with all applicable setback requirements;

4.

Evidence showing compliance with applicable setback and/or height regulations;

5.

Distance to any roads or overhead utility lines; and,

6.

Compliance with each regulation contained in this article V.

(3)

Type Permitted and maximum roof area:

a.

For properties zoned R-1/single-family dwelling district, R-2/multi-family dwelling district, MB/manufactured home district, and RE/residential district:

1.

Flush mounted solar energy systems are permitted to be installed on any roof area;

2.

Non-flush mounted solar energy systems are permitted on a building with a flat roof if the solar collector is completely screened from view to an observer five feet above the ground at any point along an abutting property line;

3.

Non-flush mounted solar energy systems are prohibited on any roof that is adjacent to the front yard and/or comer side yard;

4.

The solar collector surface area shall be set back on the roof as follows:

i.

Set back from the roof lower eves a minimum of three feet;

ii.

Set back from the roof top edge (ridge) a minimum of three feet;

iii.

Set back from the side rake a minimum of four feet; and,

iv.

Set back from any roof equipment and/or other obstructions (examples: skylights, chimneys, exhaust fans, vents, etc.) a minimum of four feet.

b.

For properties zoned C-1/central business district, C-2/highway business district, and I/industrial district:

1.

Flush mounted solar energy systems are permitted to be installed on any roof area;

2.

Non-flush mounted solar energy systems are permitted on a building with a flat roof if the solar collector is completely screened from view to an observer five feet above the ground at any point along an abutting property line;

3.

Non-flush mounted solar energy systems are prohibited on any roof that is adjacent to the front yard and/or comer side yard;

4.

The solar collector surface area shall be set back on the roof as follows:

i.

Set back from the roof lower eaves a minimum of four feet;

ii.

Set back from the roof top edge (ridge) a minimum of four feet;

iii.

Set back from the side rake a minimum of four feet; and,

iv.

Set back from any roof equipment and/or other obstructions (examples: skylights, chimneys, exhaust fans, vents, etc.) a minimum of four feet.

(4)

Maximum permitted height and building projection/extension:

a.

For properties zoned R-1/single-family dwelling district, R-2/multi-family dwelling district, MR/manufactured home district, and RE/residential district:

1.

The solar energy system shall conform to the height regulations of the zoning district in which the property where the solar energy system is to be installed, mounted, built is located;

2.

Non-flush mounted solar energy systems shall not extend above the highest point on the roof line; and,

3.

Solar energy systems shall not project/extend beyond the exterior wall of any building on which said solar energy system has been installed, mounted, or built.

b.

For properties zoned C-1/central business district, C-2/highway business district, and I/industrial district:

1.

The solar energy system shall conform to the height regulations of the zoning district in which the property where the solar energy system is to be installed, mounted, built is located;

2.

Non-flush mounted solar energy systems shall not extend above the highest point on the roof line or parapet wall; and,

3.

Solar energy systems shall not project/extend beyond the exterior wall of any building on which said solar energy system has been installed, mounted, or built.

(5)

Ground mounted solar energy systems. Ground mounted energy systems shall be prohibited in the city, except by the applicant securing a variance per division 2B of article III of this appendix B.

(6)

Abandoned systems. Any solar energy system that is inactive or inoperable for a period of 12 continuous months shall be deemed abandoned. If the solar energy system is deemed abandoned, the owner is required to repair or remove the solar energy system from the property at the owner's expense within 90 days after notice from the city. If the owner fails to remove the solar energy system, the building inspector shall enforce this as a violation in accordance with the provisions of division 8 of article III of this appendix B.

(Ord. No. 1011-07-21, § XLV, 7-12-21)