The Town encourages solar energy systems as a means to provide an alternate form of energy to homes and businesses. However, devices for solar energy also have the potential to create visual nuisances on surrounding properties. The standards in this chapter are intended to allow and encourage property owners to develop solar energy systems while also protecting surrounding areas from the reflectivity, glare, and visual impacts.

Property owners wishing to install solar energy systems must first submit an application to the Director of Community Development. The application shall be on a form available at the Town Office and must include:

A.

Accurate and legible site plan drawn to scale and showing property boundaries, location of existing structures, and location of the proposed solar energy system.

B.

Description of the solar energy system including type of system, size, number of panels, energy generating capacity and other similar information.

C.

Pictures or drawings of the proposed solar energy system, such as cut sheets or catalog information.

D.

Details on the surface and finish of the solar energy system.

Upon receiving an application for a solar energy system other than a roof mounted solar energy system, the DCD will send mailed notice to owners of property within 300 feet of the property where the solar energy system is proposed. The notice will state that affected property owners have the right to review plans for the solar energy system and have the further right to request that the proposed solar energy system be reviewed by the Planning Commission in a public meeting.

At the request of any of the notified neighbors or at the discretion of the DCD, the Planning Commission will review the proposed solar panel installation in a public meeting. The review will be in accordance with the solar energy system design standards contained in this section. The purpose of the review will be to determine the location for the system with the least visual impact on surrounding properties while providing acceptable solar orientation. If none of the notified neighbors request a Planning Commission review and if the DCD determines that the proposed solar energy system will not have an unreasonable negative visual impact on surrounding property owners, then the DCD shall review the application for compliance with the design standards in this chapter.

Solar energy systems may be roof mounted, ground mounted, or pole mounted as defined below. Specific design standards for each class of system are listed in section 10-15E-6 of this chapter.

A.

Roof-mounted solar energy systems: Solar energy systems mounted on a roof of a building or structure.

B.

Ground-mounted solar energy systems: Solar energy systems mounted on a series of supports that are located on the ground and where the bottom of the system is no more than two feet high off of the ground.

C.

Pole-mounted solar energy systems: Solar energy systems supported by a single pole anchored in the ground.

Solar energy systems must conform to the following standards:

A.

General standards:

1.

Solar energy systems shall be located on the property in such a manner that they have as minimal a visual impact on surrounding properties as possible, while maintaining the efficiency and efficacy of the system.

2.

Solar energy systems must be designed to reduce the amount of reflectivity and glare when viewed from surrounding properties to the greatest extent possible.

3.

Solar energy systems must be sized to produce no more energy than the approximate amount of energy the owner of the solar energy system consumes. An owner of a solar energy system may size the system to produce the approximate amount of energy consumed on multiple properties if all such properties are owned by the owner of the solar energy system.

4.

All transmission and control lines and other similar electrical lines and wiring connecting the solar energy system to a structure or to the utility grid must be placed underground.

5.

A solar energy system shall not be used to display permanent or temporary advertising, including signage, streamers, pennants, spinners, reflectors, banners or similar materials. The manufacturers and equipment information, warning, or indication of ownership shall be allowed on any equipment of the solar energy system provided they comply with the sign regulations of this title.

6.

Unless otherwise specified through a contract or agreement, the property owner of record will be presumed to be the responsible party for owning and maintaining the solar energy system.

B.

Standards for roof mounted solar energy systems: The placement of solar energy systems on roofs is preferred and encouraged. The following standards apply to roof mounted solar energy systems:

1.

Coplanar with roof: Roof mounted solar energy systems must be mounted such that they are coplanar with the roof. Systems may not extend vertically above the peak of the roof on which they are mounted. Roof mounted solar energy systems that are completely screened from view from surrounding properties are exempt from this requirement.

2.

Integrated with roof: Roof mounted solar energy systems shall be integrated into the overall design of the roof. Solar energy systems shall be located on a single roof plane, unless the applicant demonstrates that placing the system on multiple roof planes results in better integration of the solar energy system into the overall roof design or increased efficiency of the system.

C.

Standards for ground mounted solar energy systems: Ground mounted systems are an acceptable substitute for roof mounted systems if the applicant demonstrates adequate design and screening elements will be incorporated into the system to reduce its visual impact on surrounding properties as much as possible. The following standards apply to ground mounted solar energy systems:

1.

Location: Ground mounted solar energy systems must be located such that they have as minimal a visual impact on surrounding properties and public rights-of-way as possible.

2.

Screening: Ground mounted solar energy systems must be screened from view from surrounding properties by landscape, fencing, or other screening method.

3.

Height: Ground mounted solar energy systems are limited to ten feet in height.

D.

Standards for pole mounted solar energy systems: Pole mounted solar energy systems are only allowed if the applicant demonstrates that there is no feasible way a roof mounted or ground mounted system could be effective on the property, or if the applicant demonstrates that the pole mounted system will have less visual impact than any feasible roof mounted or ground mounted system on the property. The following standards apply to pole mounted solar energy systems:

1.

Location: Pole mounted solar energy systems must be located such that they have as minimal a visual impact on surrounding properties and public rights-of-way as possible.

2.

Setbacks: Pole mounted solar energy systems must be placed at least 15 feet from side and rear property lines and must meet the front setback for the zone. Further, systems must be placed to the side or rear of the main structure on the lot, unless the applicant demonstrates the system will have less of a visual impact on surrounding properties if it is not located to the side or rear of the main structure on the lot.

3.

Size: The surface area of a pole mounted solar energy system shall be limited in size to 200 square feet.

4.

Height: The height of pole mounted solar energy systems shall be consistent with the existing built environment and shall in no case exceed a height of 15 feet.

The Planning Commission may allow solar energy systems that do not meet the definition of either a roof mounted, ground mounted, or pole mounted system if all of the criteria below are met:

A.

The alternative solar energy system meets all of the standards contained in subsection 10-15E-6A of this chapter.

B.

The Planning Commission finds that the alternative solar energy system will not have an unreasonable impact on the views enjoyed by surrounding properties.

C.

The person proposing the alternative solar energy system has successfully demonstrated to the Planning Commission that:

1.

There is no feasible way that a roof mounted, ground mounted or (for the public use zone) a pole mounted system can effectively be developed on the property and meet all of the required standards of this chapter, or

2.

The alternative solar energy system will be less visually impactful on surrounding properties and the community in general than a roof mounted, ground mounted or (for the public use zone) a pole mounted system that could legally be installed on the property.

If the Planning Commission or DCD, as applicable, finds the proposed solar energy system is in compliance with all the standards in this chapter, and all other applicable standards in this title, the application shall be referred to the building inspector for review for compliance with all applicable building codes. A building permit for the solar energy system shall be issued if the application is found to be in compliance with all applicable codes and standards.

A.

If a ground mounted solar energy system is removed, any earth disturbance as a result of the removal shall be landscaped in accordance with the landscape requirements of this title.

B.

A ground or pole mounted solar energy system is considered to be abandoned or defective if it has not been in operation for a period of 12 months, in which case the ground- or pole-mounted solar energy system is declared to be a nuisance. If abandoned, the solar energy system shall be repaired by the property owner to meet federal, state, and local safety standards, or be removed by the owner within the time period designated by the Building Official. An abandoned ground or pole-mounted solar energy system is declared to be a nuisance. If the property owner fails to remove or repair the defective or abandoned solar energy system, the Town may pursue a legal action to have the system removed at the owner's expense.

Solar energy systems that measure two square feet or less in total area are exempt from the provisions of this chapter. The total cumulative area of all exempted solar energy systems on a single property may not exceed ten square feet.