Oak Harbor City Zoning Code
ALTERNATIVE ENERGY
SYSTEMS
§ 153.601 PURPOSE.
(A) In order to balance the need for clean, renewable energy resources and the necessity to protect the public health, safety and welfare of the community, the following regulations are necessary to ensure that alternative energy systems are appropriately designed and safely sited and installed.
(B) This subchapter establishes the regulations and criteria which allow compatible alternative energy systems to be located within the various land use districts in association with a principle use or structure. In the event of a conflict between the development standards in this subchapter and the
development standards in the applicable use district, the standards of this subchapter are to be used.
(C) Commercial alternative energy systems having a combined faceplate power capacity of 500 kW or more are conditionally permitted in all zoning districts.
(Ord. 05-2011, passed 5-2-11; Am. Ord. 09-2022, passed 12-5-22)
§ 153.602 DEFINITIONS.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALTERNATIVE ENERGY SYSTEMS. Any structure or device used to convert, generate or harness alternative energy sources on site or for private use. No experimental, homebuilt, or prototype alternative energy system shall be allowed without certification of a professional engineer licensed by the State of Ohio.
COMMERCIAL ALTERNATIVE ENERGY SYSTEM. A system having a faceplate capacity of 500 kW or more, and shall conform to the Ohio Building Code, Ohio Residential Code and the National Electrical Code. Under no circumstance shall any alternative energy systems provide power to electrical power energy distribution systems (power grids) other than the Village Municipal Power System. No experimental, homebuilt, or prototype alternative energy system shall be allowed without certification by a professional engineer licensed by the State of Ohio.
GROUND MOUNTED SOLAR ENERGY SYSTEM. Any solar energy system in which a solar energy device is permanently affixed, or otherwise placed in any area other than the roof of a primary or accessory structure.
OUTDOOR FURNACE AND BOILER. Any device, appliance, or structure that is designed, intended and/or used to provide heat and/or hot water to any associated structure, and operates by burning wood or any other fuel.
OUTDOOR GENERATOR. Any outdoor device used for emergency backup power during utility outages, including energy storage systems.
ROOF MOUNTED SOLAR ENERGY SYSTEM. Any solar energy system in which a solar energy device is permanently affixed to the roof of a primary or accessory structure.
SOLAR ENERGY DEVICE. Solar photovoltaic panel, solar photovoltaic collector, solar photovoltaic array, solar thermal panel or tubing or any similar device that relies on solar radiation as an energy source for the generation of electricity or transfer of stored heat for a principle or accessory structure.
(Ord. 05-2011, passed 5-2-11; Am. Ord. 09-2022, passed 12-5-22)
§ 153.603 APPLICABILITY.
(A) This subchapter applies to all alternative energy systems as defined herein that are proposed to be constructed or located within the village after the effective date of this subchapter.
(B) Any alternative energy system constructed or located prior to the effective date of this subchapter will not be required to meet the provisions of this subchapter, provided that any physical modifications to such pre-existing alternative energy system that materially alters the size, type and number of any such alternative energy system shall be required to comply with provisions of this subchapter. Pre-existing alternative energy systems that are destroyed or damaged to the extent they can no further operate shall not be reconstructed except in conformity with this subchapter.
(Ord. 05-2011, passed 5-2-11; Am. Ord. 09-2022, passed 12-5-22)
§ 153.604 PERMIT REQUIREMENTS.
(A) No alternative energy system shall be erected or installed in the village until a zoning permit has been issued by the village, Village Administrator/ Zoning Inspector and a grid interconnection agreement or power contract has been signed by the Village Administrator/Zoning Inspector.
(B) Written application for an alternative energy system shall be made to the village. The application shall include:
(1) The address of the property and the name, address and telephone number of the owner and occupant of the property.
(2) A site plan of the property showing the exact location of the proposed alternative energy system, all existing utility lines specifically indicating overhead lines and all other structures on the premises.
(3) A description of the proposed system, including information regarding its construction, method of assembly and installation, to include a one-line drawing showing visible breaker, inverter, home service panel, bi-directional metering and utility connection.
(4) Plans showing the specifications and elevations of the proposed system.
(5) If the applicant is not the owner of the premises, the application shall include a statement by the owner giving the applicant written consent to install the system on the premises.
(C) No alternative energy system permit shall be issued, nor shall an alternative energy system be installed unless the following requirements are met:
(1) No alternative energy system shall be connected to the Village Municipal Power System without properly executed grid interconnection agreement or power contract. Under no circumstances shall alternative energy systems provide power to offsite building(s), structures, uses or other power energy distribution systems (power grids) other than the Village Municipal Power System.
(2) All electrical control panels, as well as control equipment, shall be labeled and secured to prevent unauthorized access.
(3) All alternative energy systems shall be designed to conform to all the requirements of the Ohio Building Code, Ohio Residential Code, the National Electrical Code and all other applicable regulations. All alternative energy systems proposed to be connected to the Village's Municipal Power System shall be net metered, and shall have grid failure disconnect systems and shall adhere to R.C. § 4928.67 and UL 1741, Standard for Utility-Interactive Applications.
(4) No alternative energy systems shall be installed without the approval of the village, Village Administrator/Zoning Inspector.
(5) Removal of an alternative energy system shall require notification to the village, Village Administrator/Zoning Inspector.
(6) Commercial alternative energy system applications shall include the identification of probable useful life of the alternative energy system, as well as a decommissioning plan for the alternative energy system.
(D) Fees.
(1) The permitted use permit application shall be made in compliance with this section, and shall be considered as an accessory use/accessory building application incidental to the principal use which does not include any activity conducted as a business, except home occupation. The fee for such permit shall be the same as for other accessory use/accessory building applications.
(Ord. 05-2011, passed 5-2-11; Am. Ord. 09-2022, passed 12-5-22)
§ 153.605 APPEALS AND VARIANCES.
Applications for variances from the regulations and performance and design standards of this subchapter and appeals of the decision of the village, Village Administrator/Zoning Inspector shall be filed for determination with the Board of Zoning Appeals pursuant to § 153.564.
(Ord. 05-2011, passed 5-2-11; Am. Ord. 09-2022, passed 12-5-22)
§ 153.606 SOLAR ENERGY SYSTEMS.
(A) Permitted use. Roof mounted solar energy systems adhering to the performance and design standards of this subchapter are permitted in all zoning districts.
(B) Conditionally permitted. Ground mounted solar energy systems shall be conditionally permitted in all zoning districts. Commercial solar energy systems having a combined faceplate capacity of 500 kW or more shall be a conditionally permitted use in all zoning districts and shall meet all accessory use/accessory building requirements of § 153.043, General Yard Requirements.
(C) Performance and design standards.
(1) Location. No portion of any roof mounted solar energy system may extend below the roof line.
(2) Height. Roof mounted solar energy systems shall be either integrated into the roof layer or a separate flush mounted panel attached to the roof surface and shall not project vertically if installed on a pitched roof. The use of standard, low profile mounting hardware required to attach panels to a roof surface shall not be considered a projection. Panels or tubing installed on flat roofs may project vertically if not visible from any street.
(3) Appearance.
(a) All roof mounted solar panels must have a non-reflective coating to minimize glare.
(b) Roof mounted installations must be uniform in appearance and color.
(c) All mounting brackets and related structural supports shall not extend more than three inches above the roof surface and shall be covered in a manner architecturally compatible with the building.
(d) All wires and other associated appurtenances related to a solar energy system shall be installed below the roof line, in a secure location.
(e) All solar energy systems shall have grid failure disconnection systems and shall adhere to R.C. § 4928.6 7 and UL 1741, Standard for Utility-Interactive Applications.
(Ord. 05-2011, passed 5-2-11; Am. Ord. 09-2022, passed 12-5-22)
§ 153.607 WIND ENERGY SYSTEMS.
(B) All wind energy systems shall have grid failure disconnection system and shall adhere to R.C. § 4928.67 and UL 6140-1 and National Electrical Code Article 705.
(Ord. 05-2011, passed 5-2-11; Am. Ord. 09-2022, passed 12-5-22)
§ 153.608 OUTDOOR FURNACES AND BOILERS.
Outdoor furnaces and boilers are permitted in the village in all zoning districts and shall meet all accessory use/accessory building requirements of § 153.043, General Yard Requirements.
(Ord. 05-2011, passed 5-2-11; Am. Ord. 09-2022, passed 12-5-22)
§ 153.609 OUTDOOR GENERATORS.
(A) Permitted use. Outdoor generators adhering to the following performance and design standards of this section are permitted uses in all zoning districts.
(B) Performance and design standards.
(1) Outdoor generators shall be used for backup or emergency purposes only and shall not run continuously except during utility outages.
(2) All outdoor generators shall be located in the rear or side yard only and shall meet all accessory use/accessory building requirements of § 153.043, General Yard Requirements.
(3) No more than one outdoor generator shall be permitted per single-family dwelling and shall not exceed a faceplate rating of 20 kW. No more than two shall be permitted for multi-family dwelling and non-residential buildings.
(4) Outdoor generators shall be considered as an accessory use and shall meet all accessory use/accessory building requirements of § 153.043, General Yard Requirements.
(5) Outdoor generators shall be installed at grade and in accordance with manufacturer standards.
(6) All outdoor generators shall have grid failure disconnect systems and shall adhere to R.C. § 4928.67 and UL 1741, Standard for Utility-Interactive Applications.
(Ord. 05-2011, passed 5-2-11; Am. Ord. 09-2022, passed 12-5-22)
§ 153.610 MAINTENANCE AND NON-USE.
All alternative energy systems and related components shall be properly maintained and kept in operation. Any alternative energy system that remains non-functional or inoperative for a continuous period of six months shall be deemed to be abandoned and shall constitute a public nuisance. This shall not include functioning systems used for backup power or emergency situations. The owner shall be notified of the violation of § 93.40, Property Maintenance (Ordinance No. 15-2009) of this Code.
(Ord. 05-2011, passed 5-2-11; Am. Ord. 09-2022, passed 12-5-22)
§ 153.611 PENALTY.
Removal of the alternative energy system shall include the removal of the entire structure, including foundations, transmission/interconnection equipment. Failure to remove the alternative energy system shall be deemed a violation of this subchapter and shall be handled in the same manner as other nuisances, § 93.40, Property Maintenance (Ordinance No. 15-2009) of this Code.
(Ord. 05-2011, passed 5-2-11; Am. Ord. 09-2022, passed 12-5-22)