It is the intent of this chapter to establish reasonable regulations governing the construction, modification, operation and abandonment by discontinuation of use of solar energy systems in the City of New Carlisle, 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, and allowing the safe, effective and efficient use of solar energy systems. Solar energy systems shall be considered a permitted use, conditional or otherwise, in any zoning district, subject to the requirements of any other applicable chapter of the Zoning Code. In addition, this chapter provides a permitting process for solar energy systems to ensure compliance with the provisions, requirements and standards established herein.

(Ord. 2024-60. Passed 12-2-24.)

   As used in this chapter:

   (a)   "Abandonment" means choosing to give up or discontinue use of the solar energy system in whole or part.

   (b)   "Alternating-current (ac) module" means a complete, environmentally protected unit consisting of solar cells, optics, inverter, and other components, exclusive of tracker, designed to generate ac power when exposed to sunlight.

   (c)   "Applicant" means the person or entity filing an application under this chapter.

   (d)   "Array" means a mechanically integrated assembly of modules or panels with a support structure and foundation, tracker and other components, as required, to form a direct-current power producing unit.

   (e)   "Ground mount" means a solar energy system that is mounted directly to a ground mounted structure instead of solely on a building wall or roof.

   (f)   "Operator" means the entity responsible for the day-to-day operation and maintenance of the solar energy system.

   (g)   "Owner" means the titled owner(s) and/or any successor(s) to the title of the real property where the solar energy system is located.

   (h)   "Solar cell" means the basic photovoltaic device that generates electricity when exposed to light.

   (i)   "Solar energy system" (active or passive) means the equipment, assembly or building construction and requisite hardware that provides and is used for collecting, transferring, converting, storing or using incident solar energy for water heating, space heating, cooling, generating, electricity or other applications that would otherwise require the use of a conventional source of energy such as petroleum products, natural gas, manufactured gas, or electricity produced from a nonrenewable resource. Such systems include passive solar energy systems that capture the sun's energy through building design and construction components, solar thermal energy systems that convert sunlight to heat which can be used for things like a hot water tank or swimming pool, and photovoltaic solar energy systems that convert sunlight to electricity.

   (j)   "Solar panel" means a component of a solar energy system that captures the sun's energy and produces energy, either electrical, heat or hot water, for use or distribution, including PV (photovoltaic), an electrical device consisting of an array of connected solar cells, heat collectors and interstitial spaces such as Trombe panels, and hydronic panels for water heating systems.

   (k)   "Solar photovoltaic systems" means the total components and subsystems that, in combination, convert solar energy into electrical energy suitable for connection to a utilization load.

(Ord. 2024-60. Passed 12-2-24.)

   (a)   Solar energy systems shall be permitted or conditionally permitted in all zoning districts.

   (b)   No solar energy system shall be erected, constructed, installed or modified, except as permitted in Section 1295.05, without first receiving a zoning permit pursuant to Section 1244.10.

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

      (2)   Solar energy systems constructed prior to the effective date of this chapter shall not be required to meet the requirements of this chapter unless any physical condition or modification renders such system unrepairable or unusable. If any pre-existing solar energy system is damaged or destroyed to such an extent that it cannot be returned to original service or any such damage or modification creates an unsafe condition, then it shall be replaced or removed in conformity with this chapter and pursuant to Sections 1295.07 and 1282.06.

         A.   Like-kind replacements of panels shall not require applicable electrical and general building permits.

         B.   Like-kind replacements of entire ground-mount solar energy systems shall require proper zoning approval and applicable electrical/building permits.

(Ord. 2024-60. Passed 12-2-24.)

   (a)   A solar energy system permit pursuant to the provisions of the Zoning Code shall be required for each solar energy system unless specifically exempted by this chapter.

   (b)   A solar energy system for which a permit has been issued shall not be modified, relocated, altered or replaced, nor shall design elements of any building or lot upon which such solar energy system is maintained be modified, relocated, altered or replaced, if any such design element constituted a basis for approval of such solar energy system unless an amended or new permit is obtained consistent with these regulations.

   (c)   Ground-mounted solar energy systems in Residential, R-Pud, Central Business and General Business Districts are required to have a conditional use permit. See Chapter 1284 of the Zoning Code.

(Ord. 2024-60. Passed 12-2-24.)

   (a)   In accordance with Section 1244.10 - Zoning Permit Required, a solar energy system shall be subject to receiving a zoning permit prior to installation or modification thereof. Ground-mounted solar energy systems in Residential, R-Pud, Central Business and General Business Districts are required to also have a conditional use permit. The issuance of a zoning permit shall comply with the following requirements.

      (1)   Property lines and physical dimensions of the property.

      (2)   Location, dimensions, and types of existing structures on the property.

      (3)   Location and dimensions of the proposed solar energy system with setback requirements.

      (4)   All overhead utility lines.

      (5)   The site plan must be prepared and stamped by a professional engineer or surveyor licensed to practice in the State of Ohio.

      (6)   Solar energy system specifications, including manufacturer, model, number of solar panels and mounting equipment.

      (7)   Documentation shall be provided evidencing notification to the utility company of intent regarding the applicant's installation of a solar energy system if the solar energy system will be connected to the power grid.

      (8)   Foundation blueprints for ground mounted solar energy systems.

      (9)   Evidence of compliance with or inapplicability of all pertinent federal, state, and local laws, rules and regulations.

      (10)   Compliance with all requirements of the zoning district in which the solar energy system will be located.

      (11)   Documentation providing the City with permission to enter the rear yard of the property for inspections and code compliance.

      (12)   Documentation from the owner providing permission to install the solar energy system.

(Ord. 2024-60. Passed 12-2-24.)

   (a)   Lighting. Solar energy systems shall be lit only if required by an applicable authority. Lighting of other parts of the solar energy systems, such as appurtenant structures, shall be limited to that required for safety and operational purposes, and shall be reasonably shielded from abutting structures.

   (c)   Building permits are required by the county where the property is located.

   (d)   Electrical permits are required by the county where the property is located.

      (1)   Roof mounted solar energy systems located on a flat roof, the horizontal portion of a mansard roof or a roof surrounded by a parapet shall be set back a minimum of five feet from all edges of the roof.

      (2)   Roof mounted solar energy systems located on a pitched roof must be set back a minimum of three feet from the edge of the roof and ridgeline.

      (3)   Roof mounted solar energy systems shall not be located on a front building elevation, or on any elevation facing within ninety degrees of the front building elevation.

      (1)   Ground mounted solar energy systems may not exceed fifteen feet in height as measured from the ground to the maximum height of the solar energy system.

      (2)   Roof mounted solar energy systems located on a flat roof, the horizontal portion of a mansard roof or a roof surrounded by a parapet shall be mounted flush or on racks, with the panel or rack extending no more than five feet above the highest point of the roof excluding chimneys, antennae, parapets, and other similar projections.

      (3)   Roof mounted solar energy systems located on a pitched roof must be mounted flush with the plane of the panels parallel with the roof surface, with the panel no more than twelve inches from the surface of the roof at any point.

      (4)   Roof mounted solar energy systems are not included in the height calculations of the zoning district in which they are located

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

      (2)   All related mechanical equipment, other than the actual photoelectric panels, shall be fully buffered from the adjacent properties by fencing and/or by evergreen plantings as prescribed by City ordinance and must be maintained and effective throughout the life of the solar energy system. Buffering shall permit work access to the panel and shall conform to Sections 1240.05(11) and 1280.17.

      (3)   Ground-mounted solar panel arrays shall not exceed minimum rear yard area within the setbacks defined by other chapters of the Zoning Code. Ground mounted solar energy systems shall adhere to the following requirements:

         A.   Ground mounted solar energy systems shall be located in the side or rear yard of the property. Locating solar energy systems in the front yard is prohibited.

         B.   Ground mounted solar energy systems must adhere to all accessory structure building setback requirements set forth in Section 1280.26 and all other setback requirements of the zoning district in which they are located.

         A.   Ground-mounted solar energy systems shall be permitted by right in all Industrial (I) Districts. Any proposed ground-mounted solar energy system may be located within any yard subject to applicable setback requirements for accessory structures and front setback requirements for principal structures within the designated I District. Ground-mounted solar energy systems in General Business and Central Business Districts are required to have a conditional use permit and approval from the City of New Carlisle Planning Board. See Chapter 1284 of the Zoning Code.

         B.   Non-residential conditional uses:

            1.   GB General Business Districts 1268.04

            2.   CB Central Business Districts 1270.04

         A.   No ground installations are permitted by right except Agricultural (A) Districts. Any proposed ground-mounted solar panels are conditional uses based on full compliance with this Zoning Code and approval from the City of New Carlisle Planning Board. Ground-mounted solar energy systems in Residential and R-Pud Districts are required to have a conditional use permit. See Chapter 1284 of the Zoning Code.

         B.   Residential conditional uses:

            1.   R-2 Low Density Residential Districts 1252.04

            2.   R-4 One and Two-Family Residential Districts 1254.04

            3.   R-5 Medium Density Residential Districts 1256.04

            4.   R-6 Medium-High Density Single-Family Residential Districts 1258.04

            5.   R-7 High Density Single-Family Residential Districts 1260.04

            6.   R-12 Multifamily Residential Districts 1262.04

            7.   OA Office-Apartment Districts 1266.04

         C.   If approved, ground-mounted solar energy systems shall not be permitted in the front or side yard of a residential property. It shall be permitted in the rear yard of a residence. Such equipment shall be subject to the applicable rear yard coverage regulations and setbacks for accessory structures in residential districts as set forth in Section 1280.26 or other prevailing chapters of the Zoning Code.

         A.   Residential lot coverage requirements:

            1.   R-2 Low Density Residential Districts 1252.09

            2.   R-4 One and Two-Family Residential Districts 1254.09

            3.   R-5 Medium Density Residential Districts 1256.09

            4.   R-6 Medium-High Density Single-Family Residential Districts 1258.09

            5.   R-7 High Density Single-Family Residential Districts 1260.09

            6.   R-12 Multifamily Residential Districts 1262.09

            7.   OA Office-Apartment Districts 1266.09

         B.   Non-residential lot coverage requirements:

            1.   GB General Business Districts 1268.09

            2.   CB Central Business Districts 1270.09

            3.   I-1 Light Industrial Districts 1272.09

            4.   A Agricultural Districts 1274.09

      (1)   At such a time a solar energy system is scheduled to be abandoned or operation is to be discontinued, the owner shall notify the Planning Department of the proposed date of abandonment or discontinuation of use. If the owner fails to provide such notification, then in that event the provisions contained under subsection (m)(3) below shall apply.

      (2)   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 for sixty days at the request of the owner but only upon the approval of the Planning Director. "Physically remove" shall include, but not be limited to:

         A.   Removal of the solar energy system and related above grade structures; and

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

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

      (4)   If the owner fails to respond to the notice of abandonment or if after review by the Planning Director it is determined that the solar energy system has been abandoned or its use discontinued, the owner shall remove the solar energy system at the owner's sole expense within sixty days of receipt of the notice of abandonment. An extension may be granted to the owner applicant for just cause by the Planning Director.

(Ord. 2024-60. Passed 12-2-24.)

      (1)   A "legal nonconforming solar energy system" is any solar energy system which existed at the time of the adoption of this chapter that was legally erected, constructed or modified prior to enactment of this solar energy system code, but fails to conform to the provisions specified herein.

      (2)   An "illegal nonconforming solar energy system" is any solar energy system which existed at the time of the adoption of this chapter that was not legally erected, constructed or modified prior to enactment of this solar energy system code and fails to conform to the provisions specified herein.

      (1)   The solar energy system structure is relocated;

      (2)   The solar energy system structure is replaced; or

      (3)   The solar energy system is structurally altered in any way.

      (1)   All legal nonconforming solar energy systems shall be kept in good repair and be maintained in a safe condition.

      (2)   Nothing in this section shall relieve the owner of the property where the legal nonconforming solar energy system is located from the provisions of these regulations regarding safety, maintenance and repair of solar energy systems, provided however, that any other normal maintenance or repair of the solar energy system or solar energy system structure shall not modify the solar energy system structure in any way.

(Ord. 2024-60. Passed 12-2-24.)