A.

To assure safe and effective development of ground-mounted solar-generated electricity.

B.

To facilitate economic opportunities for Hamilton County and its residents.

C.

To assist in the reduction of carbon-based emissions and the dependence of petroleum and coal- based energy systems.

D.

To develop standards for solar generated energy, utilize natural resources and ecologically sound energy sources, support Indiana's alternative energy sources potential and other such economic development tools; and

E.

Regulate the construction, modification, and operation of solar energy facilities, subject to reasonable restrictions, to preserve the public health, safety, general welfare and avoid the adverse impacts of such operations on the community and the area's natural and constructed resources while still accommodating the need for solar energy production.

The provisions of this article are applicable to those zoning districts which allow or may allow Solar Energy Systems (SES) and to govern the siting, development, operation, rehabilitation, decommissioning, and restoration of SECSs, which generate electricity to be sold in the wholesale market or retail market, or which are utilized to generate electricity for private use and public use.

A.

When any part of the development, construction, rehabilitation, operation, decommissioning, or restoration of a SES requires action, recommendations, hearing and/or decision pursuant to the provisions of the Land Use and Development Code of Hamilton County, Indiana (zoning ordinance), notice shall be given pursuant to the zoning ordinance of the Plan Commission of Hamilton County, Indiana (HCPC) and the rules & procedures of the Board of Zoning Appeals of Hamilton County, Indiana (BZA).

B.

Provisions of this article or other parts of the zoning ordinance which are specifically made applicable Noncommercial (NC-SES) shall apply to that type of SES. Provisions without reference to a specific type of SES, shall apply to all SESs unless determined otherwise by the executive director. The executive director may, upon proper notice, assign any question, general or as to a specific SES application, for discussion and/or instruction from the BZA.

C.

An applicant for a SES may appeal the requirement, decision, or determination of the executive director in the manner prescribed by applicable rules of the BZA, the zoning ordinance and statute(s).

D.

Exemptions (electrical permit still required).

i.

A roof-mounted NC-SES with an aggregate collection and/or focusing area of 1500 square feet or less is exempt from this ordinance.

ii.

SES constructed prior to the effective date of this article shall not be required to meet the terms and conditions of this ordinance. Any physical modification to an existing SES whether existing prior to the effective date of this article that materially alters the SES shall require approval under this ordinance. Routine maintenance or like-kind replacements do not require a permit.

No person shall construct, operate, or locate a SES within Hamilton County without having fully complied with the provisions of this article and all other applicable provisions of said zoning ordinance and any applicable rules/ordinances of Hamilton County, IN.

Nothing in this ordinance is intended to preempt other applicable state and federal laws or regulations. Nor are they intended to interfere with, abrogate, or annul any other ordinance, rule, or regulation, statute, or other provision of law. If any provision of these regulations imposes restrictions different from any other ordinance, rule, regulation, statute, or provision of law, the provisions that is more restrictive or that imposes higher standards shall govern.

A.

Safety design and installation standards.

i.

Interference. When selecting a site for solar panels, all applicants shall take into consideration the potential maximum allowable structure height and possible landscaping of the adjacent properties to avoid interference and potential loss of efficiency from the sun to the solar panel surface.

B.

Roof mounted and wall mounted NC-SES are a permitted accessory use in all zoning districts under the following requirements:

i.

A roof mounted or wall mounted NC-SES may be located on a principal or accessory building.

ii.

Roof mounted solar panels installed on a building or structure with a sloped roof shall not project vertically more than the height requirements for the district in which they are located. The panels shall not be located within three (3) feet of any peak, eave, or valley of the roof to maintain pathways of accessibility.

iii.

Wall mounted NC-SES shall comply with the setbacks for principal and accessory structures in the underlying zoning districts.

iv.

Roof mounted and wall mounted NC-SES may be installed on legal nonconforming buildings if the installation of the SES does not increase the nonconformity.

v.

Parcels with a residential use in a commercial or manufacturing zone district shall conform to the developmental standards of the residential zone districts as determined by the executive director to be the current use on the property.

vi.

Roof mounted solar panels shall be located only on rear or side-facing roofs as viewed from any adjoining street unless the applicant demonstrates to the director that, due to solar access limitations, no location exists other than the street-facing roof, where the solar energy system can perform effectively.

vii.

For roof and wall mounted systems, the applicant shall provide evidence that the roof or wall can hold the load imposed on the structure.

viii.

Roof mounted and wall mounted NC-SES shall be in such a manner as to ensure emergency access to the roof, provide pathways to specific areas of the roof, and provide for smoke ventilation opportunities. Roof mounted and wall mounted NC-SES shall be in accordance with the Indiana Fire Code.

C.

Ground mounted NC-SES.

i.

Setback.

a.

The minimum yard setbacks from front, side, and rear property lines shall be equivalent to the primary building setback in the zoning district.

b.

Ground-mounted NC-SES shall only be permitted in the rear and side yard.

c.

No part of an NC-SES shall be located in front of the primary structure.

ii.

Ground mounted NC-SES shall not exceed 15 feet in height (at the highest point) above the ground elevation surrounding the systems. In residential zone districts the maximum height of a ground mounted NC-SES shall be 10 feet.

iii.

Safety/warning signage as required by applicable law concerning voltage shall be placed at ground mounted electrical devices, equipment, and structures.

iv.

Ground-mounted NC-SES shall not be placed within any legal easement or right-of-way location or placed within any storm water conveyance system or in any other manner that would alter or impede storm water runoff from collecting in a constructed storm water conveyance system except by permission granted in writing by the county surveyor within regulated drain easements, except as permitted, in writing, by the Hamilton County drainage.

v.

Parcels with a residential use in a commercial or manufacturing zone district shall conform to the developmental standards of the residential zone districts as determined by the executive director to be the current use on the property.

D.

Electrical components.

i.

Standards. Electrical components of all NC-SESs shall conform to applicable local state and national safety codes for similar NC-SESs.

ii.

All on-site utility, transmission lines, and plumbing shall be placed underground to the extent feasible.

iii.

When solar storage batteries are included as part of the solar energy collector system, they must be placed in a secure container or enclosure and installed and maintained as required by applicable law.

E.

Utility interconnection. An NC-SES, if interconnected to a utility system, shall meet the requirements for interconnection and operate as required by applicable law.

F.

Color, finish and glare.

i.

To the extent reasonably possible, solar energy panels, regardless of how they are mounted, shall be oriented and/or screened year-round so that glare is directed away from adjacent properties and streets.

ii.

To the extent reasonably possible, NC-SES shall be designed using such features as colors, materials, textures, screening, and landscaping to blend into their settings and avoid visual blight. The NC-SES shall remain painted or finished in the color or finish that was originally applied by the manufacturer. The exterior surface of any visible components shall be non-reflective, neutral color like white, grey or another non-obtrusive color. Finishes shall be matte or non-reflective.

iii.

The property owner has the burden of mitigating any glare produced so as not to have significant adverse impact on adjacent uses. Mitigation is accomplished by siting, panel orientation, landscaping and/or other means. The determination of the executive director shall be conclusive relative to the property owner's compliance with this standard.

iv.

Signage. No portion of the NC-SES shall contain or be used to display advertising. The manufacturer's name and equipment information or indication of ownership shall be allowed on any equipment of the NC-SES provided they comply with sign ordinance. Appropriate warning signs will be allowed.

G.

Applications for NC-SESs shall include, but not be limited to, the following information:

i.

Contact information of NC-SES applicant.

ii.

The name(s), address(es), telephone number(s) and e-mail address(es) (if available) of the applicant(s).

iii.

Legal description.

iv.

The legal description, 911 emergency address or county property key of the real property upon which the NC-SES is to be located.

v.

NC-SES description. The NC-SES description and information, including, but not limited to, the following:

a.

Solar panel mounting technique (e.g., ground-mount, wall-mount, etc.).

b.

Solar panel installation height.

c.

Name plate generating capacity.

d.

The means of interconnecting with the electrical grid.

e.

The potential equipment manufacturer(s) including information sheets and installation manuals.

f.

Accessory structures.

H.

Disclaimer. Prior to the issuance of a zoning permit, applicants must acknowledge in writing that the issuing of said permit for a solar energy system shall not and does not create in the property owner, its, his, her or their successors and assigns in title or, create in the property itself:

i.

The right to remain free of shadows and/or obstructions to solar energy caused by development of adjacent or other property or the growth of any trees or vegetation on such property, or

ii.

The right to prohibit the development on or growth of any trees or vegetation on such property or adjoining properties. This disclaimer is subordinate to any solar easements entered into with adjacent landowners and subject to the terms agreed to therein.

I.

Solar easements.

i.

Where a subdivision or land development proposes a NC-SES, solar easements may be provided. Said easements shall be in writing and shall be subject to the same conveyance and instrument recording requirements prescribed in IC 32-23-2-5 or subsequent amendment(s).

ii.

Any such solar easements shall be appurtenant; shall run with the land benefited and burdened until the land is decommissioned; and shall be defined and limited by conditions stated in the instrument of conveyance. Instruments creating a solar easement shall meet the requirements of IC 32-23-4.4 and 4.5 and include but not be limited to the following:

a.

A description of the dimensions of the easement including vertical and horizontal angles measured in the degrees at which the solar easement extends over the real property that is subject to the solar easement, and a description of the real property to which the solar easement is appurtenant.

b.

Restriction on the placement of vegetation, structures, and other objects which may impair or obstruct the passage of sunlight through the easement.

c.

Terms and conditions, if any, under which the easement may be revised or terminated.

d.

An explanation of the compensation for the owner of the real property subject to the solar easement for maintaining the easement and for the owner of the real property benefiting from the solar easement in the event of interference with the easement.

J.

Adverse effects. The BZA shall have no jurisdiction with regard to a complainant regarding an adverse effect with a NC-SES and the NC-SES owner and/or operator, however, nothing in the zoning ordinance shall preclude such a complainant from seeking any remedy available to a complainant either at law or in equity, and as there is no administrative remedy for such a complainant, there is no prerequisite administrative action i.e. no exhaustion of an administrative remedy, to preempt or prevent direct action at law or equity by the complainant against the NC-SES owner and/or operator.

The executive director shall determine from the requirements set forth in this article which requirements shall be complied with by the applicant, owner, or operator prior to issuance of a solar permit for a NC-SES. The executive director may require additional reasonable submittals from time to time. The executive director may, upon proper agenda notice, assign any question, general or as to a specific NC-SES application, for discussion and/or instruction from the BZA. An applicant for a NC-SES may appeal the requirement, decision, or determination of the executive director.

A.

Permit requirements.

i.

Solar permit applications shall document compliance with this section and shall be accompanied by drawings showing the location of the system on the building or property, including property lines. Permits must be kept on the premises where the NC-SES is constructed.

ii.

The solar permit shall be revoked if the NC-SES, whether new or pre-existing, is moved or otherwise altered, either intentionally or by natural forces, in a manner which causes the NC-SES not to be in conformity with this ordinance.

iii.

The NC-SES must be properly maintained and be kept free from all hazards, including but not limited to, faulty wiring, loose fastenings, being in an unsafe condition or detrimental to public health, safety, or general welfare. In the event of a violation of any of the foregoing provisions, the executive director shall give written notice specifying the violation to the owner of the NC-SES to conform or to remove the NC-SES. Said NC-SES can be declared a public nuisance if not repaired in 30 days.

iv.

Any physical modification to any NC-SES or a part thereof which materially alters the mechanical load, mechanical load path, or major electrical components shall require re- permitting. Like-kind replacements shall not require re-permitting, unless required by a regulatory authority. Prior to making any material physical modification, other than a like-kind modification, the owner or operator of such NC-SES shall confer with the executive director.

B.

Fees. Refer to current schedule of fees.

C.

Duration. Permits issued shall be good for 36 months after construction starts.

D.

Solar technology used for NC-SESs, CS-SESs and CL-SESs, meteorological towers, operational support meteorological towers, and SES accessory buildings, structures or facility(ies):

i.

All application requirements as set forth in this article, together with all other applicable requirements of this article and the ordinance, shall be completed and approved by all required authorities, federal, state, and local, before a solar permit is issued.

E.

Aggregated SES.

i.

For aggregated SES, solar permit shall be issued individually for each SES, meteorological towers, and operational support meteorological towers upon meeting the requirements of this article and any other applicable provisions of the ordinance and compliance with all agreements applicable to the SES contemplated by this ordinance.

F.

Application for and acceptance of a solar permit is an agreement by the applicant to be bound by the terms of this ordinance.

G.

The solar permit application for the first phase of construction of the solar panels must contain the make, model, and serial number of the solar panels.