In Dwelling District "A", no building or premises shall be used, and no building shall be erected or structurally altered which is arranged or designed to be used, for any other than one or more of the following uses:

One Family Dwelling:

One Family Dwelling, whether occupied or leased or rented, provided that:

a.

The lease or rental of a single-family dwelling for any term of less than thirty (30) consecutive days is prohibited, except as provided below; and

b.

The above prohibition shall not apply to a leaseback agreement between a seller and a purchaser or to the extension of an existing lease.

(Ordinance 23-15 adopted 12-12-23)

Garages or other structures for storing or parking motor vehicles or other personal equipment;

Public parks, playgrounds, recreational facilities, fire and police services owned by the City of Spring Valley or by a public entity acting at the request of the City of Spring Valley; (Ordinance 159)

Accessory Buildings and uses customarily incident to the above uses and located on the same Lot therewith and not involving the conduct of a business other than those defined in Section Three, as a Customary Home Occupation. An outdoor swimming pool shall be permitted only in the back or side yards as an Accessory Use or structure.

A billboard, signboard or advertising sign is not an Accessory Use. Signs in residential "A" are governed by the provisions of Section Ten of this Ordinance.

Uses pre-existing in Dwelling District "A" that are not permitted in this Ordinance shall be considered as non-conforming uses, and shall be governed by Section Eight of this Ordinance.

The following limitations and restrictions shall apply to all of the above permitted uses:

Garages and Carports: (Ordinance 231)

.01

Required. Each dwelling in Dwelling District "A" shall have an attached or detached garage. A garage shall have a minimum floor space of four hundred (400) square feet and shall be constructed and configured in such a manner that the garage is capable of storing a minimum of two (2) standard-sized four-wheeled vehicles side by side and have a minimum door opening(s) to accommodate access for at least two (2) cars. The minimum width for such openings shall be nine (9) feet for two (2) single car garage doors and sixteen (16) feet for a two car garage door. Carports are prohibited.

.02

Detached. A detached garage shall not exceed one story.

.03

Second story. Access to the second story of an attached garage shall be enclosed and through the dwelling to which it is accessory.

.04

Entrance or Exit. No vehicle door(s) or vehicle entrance or exit of a garage constructed forward of the front wall line of the main dwelling shall face the street address: said door(s) or entrance or exit shall be located on a side of the garage that, in plain view, shall be at a 90-degree angle or greater to the street of address. No vehicle door(s) or vehicle entrance or exit of a garage shall face the street address unless the door, entrance or exit is set back five (5) feet or more from the front wall line of the main dwelling. No roof overhang or other extension of the garage roof attached to a garage at the vehicle door(s) or vehicle entrance shall extend more than ten (10) feet, and no extension or support structure for an extension shall be located past the front wall line unless it complies with section 05:02.01.06.

.05

Other Front Facing Garage Rules. A front facing garage may not be more than fifty (50) percent of the width of the dwelling.

.06

Side Loading Garage Rules. A side-loading garage must be set back twenty-eight (28) feet from the property line that it faces, except on corner lots where the garage faces a street.

.07

Certain Porte-Cocheres Permitted. A porte-cochere is a permanent roofed structure attached to a dwelling to accommodate the passage of a vehicle into an inner courtyard or driveway, or through a circle driveway in front of the dwelling, open on at least two (2) sides, and shall not to be used for the routine storage of one or more vehicles. A porte-cochere is permitted subject to the following requirements:

1.

Porte-cocheres shall comply with the same required setbacks as those applicable to the main dwelling. In addition, no porte-cochere shall be located forward of the front wall line of the main dwelling, except where such porte-cochere extends over a circle driveway in front of the dwelling.

2.

The maximum total square footage of the porte-cochere shall be less than four hundred (400) square feet.

3.

The roof pitch of the porte-cochere shall be proportional to the roof pitch of the main dwelling. A porte-cochere shall be architecturally-integrated with the main dwelling and shall be constructed of brick, stone, and other non-metal materials or a combination thereof in proportions similar to those of the main dwelling and garage.

4.

A porte-cochere shall be located at an entrance to the main dwelling. For purposes of this section, an entrance to the garage shall not be considered an entrance to the main dwelling.

5.

On a porte-cochere located on the side of a residence, the rear eave line of the porte-cochere shall be at least ten (10) feet from the eave line of any adjacent garage or structure as measured perpendicularly from the rear of the porte-cochere.

(Ordinance 2013-12 adopted 5-21-13; Ordinance 2014-10 adopted 5-27-14; Ordinance 2019-05 adopted 2-26-19; Ordinance 22-21 adopted 12-13-22)

(Ordinance 231)

.01

Electrical. An attic shall have no more than one (1) electrical outlet.

.02

Access. Any walk through access door or opening from a dwelling to an attic shall be of one-hour fire rated construction and shall have both a self-closing device and a self-latching device.

In construing this Ordinance, all measurements shall be made to the property lines inclusive of any portion of easements within the property lines, so as that the area contained in any easement within the property lines shall be considered a part of the Lot in question for the purposes of determining building lines.

.01

Minimum Lot Area: All residential Lots shall have a minimum Lot area of ten thousand (10,000) square feet with a minimum of nine thousand (9,000) square feet exclusive of easements.

.02

Maximum height.No building or structure more than thirty-six feet (36′) in height shall be erected in Dwelling District "A". (See also Building or Structure Height to setback ratio (3:5 below).)

.03

Maximum stories. No building or structure more than two stories shall be erected in Dwelling District "A".

.04

Reserved. (Ordinance 2006-05 adopted 3-28-06)

.05

Reserved. (Ordinance 2006-05 adopted 3-28-06)

.06

Minimum Floor Area Per Dwelling Unit. Each dwelling unit shall have a minimum ground floor, as that term is defined in this subsection, of fourteen hundred (1,400) square feet in area, exclusive of porches, garage, and laundry rooms. The ground floor of a dwelling unit is the living space area most proximate to the foundation slab or other support foundation, upon which such structure is located. (Ordinance 194)

.07

Maximum Foundation Height. The foundation slab or other support foundation of a structure shall not exceed a height of four feet (4') above the average surrounding finished grade of the ground upon which such structure is located. (Ordinance 194)

.08

Maximum Lot Coverage. The maximum coverage of any lot with any constructed surface shall not exceed sixty percent (60%) of the lot area located behind the required front building line, and shall not exceed fifty percent (50%) of the lot area located in front of the required front building line. "Constructed surface" shall include for computation of lot coverage buildings, garages, accessory buildings, patios, sidewalks, driveways, any area surfaced for automobiles, and other constructed surface areas, but shall exclude stepping stones, air conditioner supports, landscape border stones, wooden decks, and similar materials or structures. Provided, further, that the water surface area of a swimming pool shall not be counted as constructed surface in the computation of the maximum coverage of any lot, and that pavers (a.k.a. paver stones, brick pavers, or concrete pavers, however named) shall be counted as constructed surface in the computation of the maximum coverage of any lot. (Ordinance 2004-01 adopted 1-20-04)

.09

Building line setbacks: (Ordinance 231)

.09.01

General: The following restrictions shall apply to all construction of or addition to new or pre-existing buildings, dwellings, garages, and accessory use buildings.

.09.02

Front building line setbacks:

.09.02.01

Adjoining a local or collector street. For a lot fronting a local or collector street having a right-of-way width of sixty feet (60'), the minimum front building line setback shall be twenty-five feet (25'). For a lot fronting a local or collector street having a right-of-way width of fifty feet (50'), the minimum front building line setback shall be thirty feet (30'). (Ordinance 2007-05 adopted 3-20-07)

.09.02.02

Adjoining a Major Thoroughfare. For a lot adjoining a major thoroughfare, other than Westview Drive, the front building setback line shall be twenty-five feet (25'). All garages facing a major thoroughfare must be setback a minimum of thirty-eight feet (38'), measured from the inside edge of any public sidewalk nearest the associated front property line.

Lots Adjoining Westview Drive. Except as provided herein, for a lot adjoining and facing Westview Drive the front building setback line shall be twenty-five feet (25'); provided, however, for a lot adjoining and facing Westview Drive on the north side of Westview Drive between Bracher Street and Bingle Road, the front building setback line shall be forty feet (40'). All garages must be setback a minimum of thirty-eight feet (38') from the inside edge of any public sidewalk nearest the associated front property line, subject to the provisions of Section 05:02.01.04. (Ordinance 2018-27 adopted 10-23-18; Ordinance 2019-12 adopted 5-21-19; Ordinance 2019-14 adopted 6-25-19)

.09.02.03

Adjoining a Cul-de-sac turnaround. For a lot fronting the turnaround portion of a cul-de-sac, the minimum front building line setback shall be twenty feet (20'). (Ordinance 2007-05 adopted 3-20-07)

.09.02.04

Setback Adjustment. If a lot fronts a right-of-way of less width than the minimum required in the City's Subdivision Development Ordinance or the City's Street and Thoroughfare plan, there shall be added to the setback additional footage to compensate for the deficit, in order to preserve setbacks and the alignment of homes.

.09.02.05

Pre-existing lot. If the pre-existing lot depth is less than the minimum depth required by the City Subdivision Development Ordinance, the front building line setback shall not be less than the setback shown on the pre-existing recorded plat, but in no event less than twenty-five feet (25').

.09.03

Side building line setback.

09.03.01

Adjoining another lot. For adjoining side property lines, the side building setback shall be not less than eight feet (8'). Where a side property line adjoins the rear property line of adjacent property, the side yard setback for the second story shall be not less than fifteen feet (15'). (Ordinance 2006-05 adopted 3-28-06)

.09.03.02

Adjoining a local or collector street. Adjoining a local or collector street right-of-way the minimum side building line setback shall be fifteen feet (15').

.09.03.03

Adjoining a major-thoroughfare. Adjoining a major-thoroughfare the minimum side building line setback shall be twenty-five feet (25').

.09.03.04

Setback adjustment. If a side lot line adjoins a right-of-way of less width than the minimum required by the City's Subdivision Development Ordinance or the City's Street and thoroughfare plan, there shall be added to the setback additional footage to compensate for the deficit, in order to preserve setbacks and the alignment of homes.

.09.03.05

Removed by Ordinance 2025-04 adopted 1-28-25.

.09.04.

Rear building line setback.

09.04.01

Rear setback. For adjoining rear property lines, the rear building setback shall be not less than ten feet (10') for the first story, and not less than twenty five feet (25') for the second story. Where a rear property line adjoins the side property line of adjacent property, the rear yard setback shall be not less than ten feet (10'). (Ordinance 2006-05 adopted 3-28-06)

.09.04.02

Adjoining a local or collector street. Adjoining a local or collector street right-of-way the minimum required rear building setback shall be fifteen feet (15').

.09.04.03

Adjoining a major-thoroughfare. Adjoining a major-thoroughfare the minimum required rear building line setback shall be twenty-five feet (25').

.09.04.04

Setback adjustment. If a lot backs up to a right-of-way of less width than the minimum as required in the City's Street and Thoroughfare Plan there shall be added to the setback additional footage to compensate for the deficit, in order to preserve setbacks and the alignment of homes.

.09.04.05

Pre-existing lot. If the pre-existing lot depth is less than the minimum depth required by the City Subdivision Development Ordinance, the rear building line setback shall not be less than the setback shown on the pre-existing recorded plat, but in no event less than ten feet (10').

.10

Driveway Width, Transition, and Separation.

.10.01

Except as provided by subsection 10.04 below, the maximum driveway width at the line of intersection with the street pavement shall not exceed twenty-four feet (24'), plus the corner radii at each intersection and the maximum width of the driveway located within the right-of-way shall not exceed twenty-four feet (24').

.10.02

Residential access ways, or curb cuts, shall meet or exceed the minimum standards set by the City. (See, e.g., Article 3.1200—Regulations for the Cutting of Streets).

.10.03

No curb cut shall be located within twenty-four feet (24') of a street intersection.

.10.04

Lots that are adjacent to Campbell Road or Bingle Road and a minor street shall have vehicular driveways connecting with the minor street only.

.10.05

Where the driveway provides direct access to a garage containing more than two (2) parking spaces and the garage fronts a side-street, then the corresponding curb cut shall not exceed thirty-six feet (36').

.10.06

Only one (1) curb cut is permitted per residence; provided, however, a second curb cut is permitted when connected to a circular driveway. Except as provided by subsection 10.04, the total width of all curb cuts per residence shall not exceed twenty-four feet (24') plus the corner radii at each intersection.

.10.07

If more than one (1) curb cut (that is street transition) is constructed on the same lot, such curb cuts shall be separated (nearest edge to nearest edge as measured along the street curb) by a minimum distance of at least twenty feet (20'). The driveways corresponding to the two (2) curb cuts must interconnect as a circular driveway, and at least one (1) curb cut must correspond to a driveway to the dwelling unit's garage or alternative enclosed vehicle parking space.

.10.08

A parking pad is permitted only if it is contiguous to the driveway, it is a paved surface, and it is located entirely outside the City right-of-way.

.10.09

It shall be unlawful for any person to cause or permit the placement or construction of a vehicular driveway, or any portion thereof, which violates the provisions of this section.

(Ordinance 2013-03 adopted 2-26-13; Ordinance 2019-12 § 3 adopted 5-21-19)

.01

Reserved.

Editor's note— Ordinance No. 2003-09, adopted April 22, 2003, repealed subsection .01, which pertained to second story windows and derived from Ordinance No. 231.

.02

Attic windows. All attic windows shall be translucent, excluding skylights. (Ordinance 231; Ordinance 2003-09 adopted 4-22-03)

.03

Reserved. (Ordinance 231; Ordinance 2006-05 adopted 3-28-06)

The slab elevation for all newly constructed one or two-story dwellings or additions to dwellings shall be a minimum of twelve (12) inches above: (1) the 100 yr. flood plain (2) the nearest sanitary sewer manhole within two-hundred feet (200'), or (3) the crown of the street fronting the property upon which the new dwelling or addition is to be built, whichever is the highest elevation. All additions to an existing slab shall also comply with this requirement. The "crown of the street" provision shall not apply to lots fronting on streets without curb and gutters, and in lieu of that provision such slab minimum height is twelve (12) inches above the natural ground surface. All other provisions are applicable as stated above. (Ordinance 231)

No garage apartment shall be erected in District "A".

No pool shall be installed or maintained unless all provisions of this Section FIVE.B.7 are met: (Ordinance 231)

.01

Location. A pool shall be installed in the rear or side yard of the premises.

.02

Setbacks Required: A pool shall be set back a minimum of ten feet (10') from the rear lot line and eight feet (8') from the side lot line.

.03

Decking: Uncovered decking no more than two feet (2') above natural grade may be constructed around a pool. Uncovered decking no more than eight (8) inches above natural grade or the ground floor finished floor of the dwelling, whichever is higher, may extend into the area between a side or rear property line and a required setback line.

.04

Reserved.

(Ordinance 2008-10 adopted 5-27-08)

.05

Reserved.

(Ordinance 231; Ordinance 2008-10 adopted 5-27-08)

No structure of any kind used for the purpose of housing animals or fowls may be located or maintained in the front yard or within twenty-five (25') feet of the rear or any side property line of the Lot of land upon which a building or structure is located. No more than four (4) adult domestic animals or fowls may be kept on any one Lot.

Parking Lots are expressly prohibited in Dwelling District "A", except on property owned by the City of Spring Valley, churches and non-profit organizations, which must provide enough off-street parking to accommodate events staged at these sites.

.01

Storage Requirements: No boat, houseboat, canoe, raft, surfboard, or other contrivance designed for use on water, including trailers therefor, and no vehicle which is or which customarily is equipped with living or sleeping facilities, whether self-propelled or designed to be used as a trailer or for use otherwise in conjunction with any vehicle, whether occupied or not, or any type trailer shall be kept on a public street or in a driveway in public view for more than four (4) occurrences during any thirty (30) day period, except where such vehicle, trailer or contrivance is for use incidental to construction on the site. Each day shall constitute an occurrence. Permanent and semi-permanent storage of such items and vehicles must be screened from public view from any public street by storing the vehicle, trailer or contrivance deeper on the Lot than the front building line and screening such storage location by any of the following methods:

.01.01

If the vehicle or items is equal to or less than eight (8) feet in height, by a fence or hedge equal in height to the vehicle or items; or

.01.02

an eight (8) foot fence; or

.01.03

a six (6) foot fence.

The requirements of this provision shall apply to all such vehicles, trailers or contrivances acquired by new purchase, trade in, exchange, inheritance or gift subsequent to the expiration of thirty (30) days from the effective date of this Ordinance.

It shall be unlawful for a person who is not a resident of the City to locate a vehicle which is or which customarily is equipped with living or sleeping facilities, whether self-propelled or designed to be used as a trailer or for use otherwise in conjunction with any vehicle, whether occupied or not, on a public street or in a driveway in public view unless such person is visiting a person who is a resident of the City. In such case, the resident shall obtain a visitor permit for such vehicle from the City Administrator or designee. Visitor parking permits may be issued, without fee, to a resident of the City who provides proof of residency and a completed City issued form. Proof of residency shall consist of either a valid Driver's License or State ID showing a home address within the City, a current mortgage or lease, or a utility bill issued a maximum of three (3) months prior. Such permit shall be valid for a period not to exceed five (5) calendar days. No more than three (3) visitor permits shall be issued to any one resident during any calendar year.

.02

Grandfather Clause: Residents as of the date of this Ordinance who own such vehicles, trailers or contrivances, or acquire such vehicles, trailers or contrivances, by whatever means prior to the expiration of thirty (30) days from the effective date of this Ordinance, provided they comply with the registration provisions of paragraph ".03" below, are only required to store such vehicles, trailer or contrivances, whether permanent or semi-permanent storage, deeper on a Lot than the front building line of the Lot if physically possible and shall screen such vehicle, trailer or contrivance from public view by those means as set forth in paragraph ".01" above. If such storage is impossible due to the physical limitations or configurations of the Lot or natural obstructions preventing the placement of such vehicle, trailer or contrivance deeper on the on the Lot than the front building line, permanent or semi-permanent storage of such vehicle, trailer or contrivance is permitted in the following locations set forth in the order of preference:

.02.01

Side yard;

.02.02

Driveway; or

.02.03

Front yard.

Any storage location in the side or front yard shall not be required to be screened from public view but such location shall be kept free of weeds and other growth and the grass regularly maintained.

.03

Registration Requirements to Qualify Under Grandfather Clause: The above requirements in paragraph ".02" shall apply only to those vehicles, trailers or contrivances which meet the date of acquirement provisions as set out in paragraph ".02" and are registered with the City for such purpose. Registration shall be made in person or by mail with the City Secretary and shall include name, address, reasonable proof as to date of acquisition and, where applicable, proof of state motor vehicle registration and title. Failure to register will subject the resident to those storage requirements set out in paragraph ".01" above.

.04

Storage in Garages Not Prohibited: Nothing herein shall prohibit storage of such vehicles, trailers, or contrivances described in either paragraphs ".01" or ".02" in garages when such vehicles, trailers, or contrivances can be stored completely within the garage.

.05

Non-transferability: The exceptions granted in paragraph ".02" above shall not be transferable between owners or vehicles, trailers or contrivances.

(Ordinance 2014-02 adopted 2-25-14)

No motor or engines designed to propel the crafts or contrivances as listed in Section 05:02.10.01 above shall be kept in Public view for a Period longer than forty-eight (48) hours during any seven-(7-) day period.

No truck in excess of one-(1-) ton capacity and no motor vehicle designed to transport more than fifteen (15) persons shall be parked within Dwelling District "A" except for reasonable periods for loading and unloading.

Free-standing mechanical equipment shall not be placed [closer] to the property line than the greater of two (2) feet, the manufacturer's recommendations for the model of the mechanical equipment, the National Fire Protection Association Codes and Standards, or any relevant codes, as amended, published by the International Code Council and adopted by the City. (Ordinance 2011-05 adopted 2-15-11; Ordinance 2025-03 adopted 1-28-25)

.01

Enforcement: All of the above provisions are enforceable through those criminal and civil procedures set forth in Section Two.

.02

Non-Conformity: Those lawful uses of land or structures existing at the time of the Effective Date of this Ordinance which. are rendered non-conforming by this Ordinance's passage may be continued as a non-conforming use under the provision of Section Eight.

.03

Definitions: Reference to Section Three should be made for definition of certain terms used in the above provisions and the definition as set out in Section Three shall be controlling.

It shall be unlawful to park or leave standing any vehicle on the unsurfaced area within the distance between the edge of the curb of a street abutting any property and the outermost surface of any structure located on said property. (Ordinance 159)

It shall be unlawful to park or leave standing any vehicle on the unsurfaced area within the distance between the edge of the paved surface of an uncurbed street abutting any property and the outermost surface of any structure located on said property, unless such vehicle is parked or left standing on or along an uncurbed street with two (2) wheels on the same lateral side of the vehicle resting on the paved surface of the street and two (2) wheels on the same lateral side of the vehicle resting on the unsurfaced area of a lot, tract, or parcel of real property; provided, however, that such vehicle placement in no way impedes the orderly flow of traffic on said street. (Ordinance 159)

Circular, dish, and amateur radio antennas are permitted structures.(Ordinance 194)

.01

A circular, dish, or amateur radio antenna shall not be located in a front yard, in an easement, or within twenty feet (20') of any property line. (Ordinance 194)

.02

A circular, dish, or amateur radio antenna, or the support structure, shall be anchored to a concrete foundation shall not be located or placed on the roof of any building. (Ordinance 194)

.03

A circular, dish, or amateur radio antenna, or the support structure, shall not extend or protrude in excess of two feet (2') beyond the roof line height of the dwelling or exceed a total height of twenty feet (20'), whichever is less. The roof line of a dwelling shall mean the line along the peak of the roof of the first story of a dwelling, excluding protrusions. (Ordinance 194)

.01

Definitions. Portable storage container is any box-like container transported by truck or trailer to a desired location for drop off with a storage capacity of more than two hundred sixteen (216) cubic feet that would normally be stored at an offsite location. A commonly accepted name for these storage containers is PODS, an acronym for portable on-demand storage.

.02

Regulation of portable storage containers; permit required.

.01

The maximum allowable size for a portable storage container in a residential district is one hundred sixty (160) square feet with an overall length not to exceed twenty (20) feet.

.02

Not more than one (1) portable storage container shall be allowed in the front yard of any lot on which a single-family dwelling has been constructed.

.03

Any portable storage container must be placed on a concrete or asphalt surface of the dwelling, but no closer than ten (10) feet from the front property line. Any portable storage container must also comply with the side and rear lot set back line requirements.

.04

A portable storage container may be utilized onsite for a period not to exceed thirty (30) days in any 360-day period.

.05

A valid permit from the city is required.

.03

Placement on city streets prohibited; placard required. Portable storage containers shall not be allowed to be placed or unloaded on any city street or right-of-way under any circumstances.

.04

Exceptions; permits.

.01

Extension of time. The building official may grant a permit for the placement of a portable storage container in a residential district for more than thirty (30) days, provided the property owner has demonstrated that extenuating circumstances exist to justify the extension. Extenuating circumstances shall include, but are not limited to, natural disasters, fire or acts of God.

.02

Validity. Permits under this section shall be valid for the period specified on the permit from the date of issuance to the specific name and approved location only.

.03

Fee requirements. All initial applications for permits and requests for renewal/extension of permits shall be accompanied by the appropriate fee set by ordinance of city council.

(Ordinance 2009-08 adopted 7-28-09)

.01

Solar panels are permitted structures subject to the regulations set forth herein.

.02

Definitions. For the purposes of this section, the following words and phrases shall have the meanings ascribed to them below:

.01

Solar Panel shall mean a structure containing one (1) or more receptive cells, the purpose of which is to convert solar energy into usable electrical energy by way of a solar energy system. The term shall not include individually powered outdoor solar lights, such as garden lights, accent lights, security lights, or flood lights.

.03

All solar panels and the installation of solar panels shall comply with all provisions of the city's Code of Ordinances, including building codes and tree regulations, and shall be installed only after issuance of a building permit.

.04

Roof-mounted solar panels shall conform to the following requirements:

.01

Solar panels shall be permitted on the roof of a building provided that the panels do not extend higher than or beyond the roofline;

.02

Solar panels shall have a top edge that is parallel to the roof ridge and shall conform to the slope of the roof;

.03

Solar panels shall be permitted on the roof slope of an accessory building or structure, subject to the regulations in subsection .05.02;

.04

The frame, support panels and all visible piping or wiring shall be in a silver, bronze, or black tone commonly available in the marketplace; and

.05

Solar panels on flat roofs shall not exceed the maximum height permitted in the applicable zoning district.

.05

Ground-mounted solar panels shall conform to the following requirements:

.01

Solar panels shall not constitute the primary use of the property;

.02

Solar panels shall comply with the maximum square footage and minimum setback requirements for residential accessory buildings and structures;

.03

Solar panels shall be located within a fenced yard or patio; and

.04

Solar panels shall not be taller than the fence line.

.06

Solar panels incorporated into building materials such as roof shingles or tiles, windows, siding, or other architectural features integral to a building's design and are reasonably indistinguishable from traditional building materials may be installed on any roof or façade of the building. The eligibility of any solar panel under this section shall be within the discretion of the building official.

.07

Exceptions. The city council, upon application, may approve a location for roof-mounted or ground-mounted solar panels not permitted by this section. Prior to granting such approval, the city council shall conduct a public hearing regarding the alternate location. Written notice of the public hearing shall be mailed to property owners of real property, as they appear on the most recent tax roll of the city, situated within two hundred (200) feet of the exterior boundary of the property on which the solar panel is requested at least ten (10) days prior to the date of the hearing. Notice of the public hearing shall also be published in the city's official newspaper at least ten (10) days prior to the date of the hearing.

(Ordinance 17-28 adopted 11-14-17; Ordinance 2021-22, adopted 12-14-21)

Editor's note— Ordinance 2020-10, adopted March 24, 2020, repealed § 05:03 which pertained to building materials and architectural standards and derived from Ordinance 2015-14 adopted October 27, 2015.