Zoneomics Logo
search icon

Toledo City Zoning Code

CHAPTER 152

SOLAR ARRAY REGULATIONS

152.01 PURPOSE.

To permit residential and non-residential solar energy systems as an accessory use to permitted, conditional, and special exception uses in any zoning district.
This chapter aims to promote the accommodation of distributed, on-site residential, and non-residential solar energy systems installed to reduce on-site energy consumption and associated equipment, as well as adequate access to sunlight necessary for such systems.
This chapter permits, as an accessory use, solar energy systems, while protecting the safety and welfare of adjacent and surrounding land uses through appropriate zoning and land use controls.
A solar energy system shall be permitted in any zoning district as an accessory use, subject to specific criteria as set forth below. Where general standards and specific criteria overlap, specific criteria shall supersede general standards.

152.02 DEFINITIONS.

For use in this chapter, the following terms are defined:
1.   “Accessory use” means a use customarily incidental and subordinate to the primary use or building and located on the same lot therewith. A use which dominates the primary use or building in area, extent, or purpose shall not be considered an accessory use.
2.   Batter back-up” means a battery system that stores electrical energy from a solar PV system, making the electricity available for future use. Battery back-up systems are common in off-grid systems and hybrid systems.
3.   “Combiner’ or “junction box” means combines the inputs (electrical flows) from multiple strings of solar panels (or micro-inverters) into one output circuit.
4.   “Crystalline silicon cells” means solar photovoltaic cells fashioned from either mono-crystalline, multi-crystalline, or ribbon silicon capable of converting sunlight into electricity. Crystalline silicon solar PV panels are the most commonly used and are generally the most efficient.
5.   “Distributed solar” means the solar energy systems located on-stie and designed to provide solar thermal energy or solar PV electricity to a property owner, occupant, or facility.
6.   “Grid-tied solar” means a solar PV System that is interconnected with the utility grid via net metering and interconnection agreements with the utility.
7.   “Electricity generation” (aka production, output) means the amount of electric energy produced by transforming other forms of energy, commonly expressed in kilowatt-hours (kWh) or megawatt-hour (MWh).
8.   “Electrical equipment” means any device associated with a solar energy system, such as an outdoor electrical unit or control box, that transfers the energy from the solar energy system to the intended on-site structure.
9.   “Grid-tied solar photovoltaic systems” (aka grid-tied PV, on-grid, grid-connected, utility-interactive, grid-intertied, or grid-direct) means solar photovoltaic electricity generation systems designed to serve the electricity needs of the building to which it is connected, thus offsetting a home’s or business’s electricity usage. Any excess electricity generated is sent to the electric utility grid, credited via a customer’s net metering agreement with their local utility. Grid-tied are typically installed without battery back-up systems to store electricity. As such, these systems provide no power during an outage. Typical system components: PV panels, inverter(s), and required electrical safety gear.
10.   “Ground-mount system” means a solar energy system that is directly installed on specialized solar racking systems, which are attached to an anchor in the ground and wired to connect to an adjacent home or building. Ground-mount systems may be applicable when insufficient space, structural and shading issues, or other restrictions prohibit rooftop solar.
11.   “Hybrid solar photovoltaic systems” (aka grid-tied PV with battery back-up) means solar photovoltaic electricity generation systems designed to serve the electricity needs of the building to which it is connected, thus offsetting a home’s or business’s electricity usage, while also utilizing a battery back-up in the event of a power outage. This is the only system that provides the ability to have power when the utility grid is down. Typically system components include: PV panels, inverter(s), and required electrical safety gear, battery bank, and a charge controller.
12.   “Inverter” means a device that converts the direct current (DC) electricity produced by a solar photovoltaic system to useable alternating current (AC).
13.   “Kilowatt” (kW) means equal to 1,000 watts; a measure of the use of electrical power.
14.   “Kilowatt-hour” (kWh) means a unit of energy equivalent to one kilowatt (1 kW) of power expended for one hour of time.
15.   “Mounting” means the manner in which a solar PV system is affixed to the roof or ground (i.e. roof mount, ground mount, pole mount).
16.   “Megawatt” (MW) means equal to 1,000 kilowatts; a measure of the use of electrical power.
17.   “Megawatt-hour” (MWh) means a unit of energy equivalent to one megawatt (1 MW) of power expended for one hour of time.
18.   “Net meter” means on-grid solar PV systems connected to the utility grid use a net meter, typically provided and installed by the local utility, to measure the flow of electricity from the solar system for the purposes of net metering.
19.   “Net metering” means a billing arrangement that allows customers with grid-connected solar electricity systems to receive credit for any excess electricity generated on-site and provided to the utility grid.
20.   “Off-grid solar photovoltaic systems with battery back-up” means solar photovoltaic electricity systems designed to operate independently from the local utility grid and provide electricity to a home, building, boat, RV (or remote agricultural pumps, gates, traffic signs, etc.). These systems typically require a battery bank to store ethe solar electricity for use during nighttime or cloudy weather (and/or other back-up generation). Typical system components include: PV panels, battery bank, a charge controller, inverter(s), required disconnects and associated electrical safety gear.
21.   “Orientation” (or azimuth) means the northern hemisphere, true solar south is the optimal direction for maximizing the power output of solar PV. Although, systems can be oriented east, southeast, southwest, and west, while still providing 75-85 percent of maximum production, depending on the tilt. Proper orientation and access to sun are critical for achieving maximum energy production potential (ideally, the orientation of the solar energy system ensures that solar access is not obstructed by other buildings, shade trees, chimneys, HVAC systems, or other equipment).
22.   “Passive solar” means techniques, design, and materials designed to take advantage of the sun’s position throughout the year (and the local climate) to heat, cool, and light a building with the sun. Passive solar incorporates the following elements strategically to maximize the solar potential of any home or building (namely, maximizing solar heat gain in winter months and minimizing solar heat gain in summer months to reduce heating/cooling demand; and maximizing the use of daylighting to reduce demand for electricity for lighting): strategic design and architecture, building materials, east-west and building lot orientation, windows, landscaping, awnings, ventilation.
23.   “Photovoltaic (PV) system” means a solar energy system that produces electricity by the use of semiconductor devices, called photovoltaic cells, which generate electricity when exposed to sunlight. A PV system may be roof-mounted, ground-mounted, or pole-mounted.
24   “Pole-mount systems” means a solar energy system that is directly installed on specialized solar racking systems, which are attached to a pole, which is anchored and firmly affixed to a concrete foundation in the ground, and wired underground to an attachment point at the building’s meter. Unlike ground-mount systems, pole-mount systems are elevated from the ground. Pole-mounted systems can be designed to track the sun (with single-axis or dual-axis tracking motors) and maximize solar output throughout the year.
25.   “Power” means the rate at which work is performed (the rate of producing, transferring, or using energy). Power is measured in watts (W), kilowatts (kW), megawatts (MW), etc.
26.   :PV-direct systems” means the simplest of solar photovoltaic electric systems with the fewest components (no battery back-up and not interconnected with the utility) designed to only provide electricity when the sun is shining. Typical system components include: PV panels, required electrical safety gear, and wiring.
27.   “Racking” means solar energy systems are attached securely and anchored to structural sections of the roof-mounted or pole-mounted systems. Specially designed metal plates called flashings prevent leaks and are placed under shingles and over bolts to create a water-tight seal.
28.   “Roof-mount system” (aka rooftop mounted, building mounted) means a solar energy system consisting of solar panels are installed directly on the roof of a home, commercial building, and/or an accessory structure such as a garage, pergola, and/or shed. Solar panels are mounted and secured using racking systems specifically designed to minimize the impact on the roof and prevent any leaks or structural damage. Roof-mount systems can be mounted flush with the roof or tilted toward the sun at an angle.
29.   “Solar access” means the ability of one property to continue to receive sunlight across property lines without obstruction from another’s property (buildings, foliage or other impediment).
30.   “Solar array” means multiple solar panels combined together to create one system.
31.   “Solar collector” means a solar PV cell, or array, or solar thermal collector device, that relies upon solar radiation as an energy source for the generation of electricity or transfer of stored heat.
32.   “Solar easement” means an easement recorder pursuant to the Code of Iowa Section 564A.7, the purpose of which is to secure the right to receive sunlight across the real property of another for the continued access to sunlight necessary to operate a solar energy system. According to Iowa law parties may voluntarily enter into written solar easement contracts that are enforceable by law. An easement must be create in writing and filed, duly recorded and indexed in the office of the recorder of the County in which the easement is granted. A solar easement, once created, runs with the land and does not terminate unless specified by conditions of the easement.
33.   “Solar energy system” means a system capable of collection and converting solar radiation into heat or mechanical or electrical energy and transferring these forms of energy by a separate apparatus to storage or to point of use, including but not limited to water heating, space heating or cooling, electric energy generation, or mechanical energy generation. This definition shall include thermal, photovoltaic, and passive solar systems.
34.   “Solar glare” means the potential for solar panels to reflect sunlight, with an intensity sufficient to cause annoyance, discomfort, or loss in visual performance and visibility.
35.   “Solar photovoltaic (solar PV) system” means solar systems consisting of photovoltaic cells made with semiconducting materials, that produce electricity (in the form of direct current (DC)) when they are exposed to sunlight. A typical PV system consists of PV panels (or modules) that combine to form an array; other system components may include mountain racks and hardware, wiring for electrical connections, power conditioning equipment, such as an inverter and/or batteries. For the purposes of this chapter, a solar PV system is defined as generating capacity of not more than 25 kilowatts for residential facilities and not more than two megawatts for non-residential facilities.
36.   “Solar panel” (or module) means a device for the direct conversion of sunlight into usable solar energy (including electricity or heat).
37.   “Solar process heat” means technologies that provide industrial specific application, including ventilation air preheating, solar process heating, and solar cooling.
38.   “Solar-ready” means the concept of planning and building with the purpose of enabling future use of solar energy generation systems. Solar-ready buildings, lots, and developments make it easier and more cost-effective to utilize passive solar techniques and adopt active solar technologies in the future. Solar-ready buildings are built anticipating future installation of active solar energy systems (including structural reinforcement, pre-wiring or plumbing for solar, and east-west building orientation). Solar-ready developments expand this concept to entire subdivisions.
39.   “Solar thermal system” (aka solar hot water or solar heating systems) means a solar energy system that directly heats water or other liquid using sunlight. Consist of a series of tubes that concentrate light to heat either water or a heat-transfer fluid (such as food-grade propylene glycol, a non-toxic substance) in one of two types of collector (flat-plate collectors and evacuated tube collectors). The heated liquid is used for such purpose as space heating and cooling, domestic hot water, and heating pool water.
40.   “Tilt” means the angle of the solar panels or solar collector relative to their latitude. The optimal tilt to maximize solar production is perpendicular, or 90 degrees, to the sun’s rays at true solar noon. True solar noon is when the sun is at its highest during its daily east-west path across the sky (this is also known as 0 degrees Azimuth). Solar energy systems can be naturally or automatically adjusted throughout the year. Alternatively, fixed-tile systems remain at a static tilt year-round.
41.   “Watts” (W) means a measure of the use of electrical power (power (watts) = voltage (volts) x current (amps).
42.   “Wiring” means the method used to convey voltage and communication from one electrical point to another.

152.03 APPLICABILITY.

This chapter applies to all distributed solar systems installed and constructed after the adoption of this Code of Ordinances. Solar energy systems constructed prior to the effective date of this chapter shall not be required to meet the requirements of this chapter unless removed, replaced, or improved from their current condition. All solar energy systems shall be designed, erected, and installed in accordance with applicable local, State, utility, and national codes, regulations, and standards.

152.04 SOLAR ENERGY REQUIREMENTS.

1.   To the extent practicable, and in accordance with the City Code, the accommodation of solar energy systems and associated electrical equipment, and the protection of access to sunlight for such, shall be encouraged in the application of the various review and approval provisions of the City.
2.   Solar energy systems are permitted in all zoning districts as an accessory use to permitted, conditional, and special exception uses.
3.   A solar energy system shall provide power for the principal use and/or accessory use of the property on which the solar energy system is located.
4.   The installation and construction of a roof-mount solar energy system shall be subject to the following development and design standards:
   A.   A roof or building mounted solar energy system may be mounted on a principal or accessory building.
   B.   the roof or building mounted solar energy system shall comply with the applicable height restrictions of the zoning classification of the property.
   C.   Placement of solar collectors on flat roofs shall be allowed by right, provided that panels do not extend horizontally past the roofline.
5.   The installation and construction of a ground-mount or pole-mount solar energy system shall be subject to the following development and design standards:
   A.   The height of the solar collector and any mounts shall not exceed six feet when oriented at maximum tilt.
   B.   The surface area of a ground- or pole-mounted system, regardless of the mounted angle, shall be calculated as part of the overall lot coverage.
   C.   The minimum solar energy system setback distance from the property lines shall be equivalent to the building setback or accessory building setback requirement of the underlying zoning district.
   D.   All power transmission lines from a ground mounted solar energy system to any building or other structure shall be located underground and in accordance with the State Electrical Code, as appropriate.
6.   All electrical equipment associated with and necessary for the operation of solar energy systems shall comply with the following:
   A.   Electrical equipment shall comply with the setbacks specified for accessory structures in the underlying zoning district.
7.   Solar panels are designed to absorb (not reflect) sunlight; and, as such, solar panels are generally less reflective than other varnished or glass exterior housing pieces. However, solar panel placement should be prioritized to minimize or negate any solar glare onto nearby properties or roadways, without unduly impacting the functionally or efficiency of the solar system.
8.   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 prevailing sign regulations.
9.   A solar energy system shall not be constructed until a building or zoning permit has been approved and issued.

152.05 SAFETY AND INSPECTIONS.

1.   The design of the solar energy system shall conform to applicable local, State, and national solar codes and standards. A building permit reviewed by department staff shall be obtained for a solar energy system. All design and installation work shall comply with all applicable provisions in the State Electrical Code and any additional requirements set forth by the local utility (for any grid-connected solar systems).
2.   The solar energy system shall comply with all applicable City Codes so as to ensure the structural integrity of such solar energy system.
3.   Any connection to the public utility grid must be approved by the appropriate public utility.
4.   If solar storage batteries are included as part of the solar collector system, they must be installed according to all requirements set forth in the State Electrical Code when in operation. When no longer in operation, the batteries shall be disposed of in accordance with the laws and regulations of the City, State, and any other applicable laws and regulations relating to hazardous waste disposal.
5.   Unless otherwise specified through a contract or agreement, the property owner of record will be presumed to be the responsible party for owning and maintain the solar energy system.

152.06 ABANDONMENT AND REMOVAL.

1.   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 City Code.
2.   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. If abandoned, the solar energy system shall be repaired by the owner to meet federal, State, and local safety standards, or be removed by the owner within 90 days. If the owner fails to remove or repair the defective or abandoned solar energy system, the City may pursue a legal action to have the system removed at the owner’s expense.

152.07 APPEALS.

1.   If the owner of a solar energy system is found to be in violation of the provisions of this chapter, the violation shall be declared a nuisance and shall be handled in accordance with the established procedures in Section 50.06 of this Code of Ordinances.
2.   If a building permit for a solar energy system is denied because of a conflict with other goals of the City, the applicant may seek relief from the Board of Adjustment, which shall regard solar energy as a factor to be considered, weighed, and balanced along with other factors.

152.08 RESTRICTIONS ON SOLAR PROHIBITIONS.

In accordance with Iowa Administrative Code, the City maintains and reserves the right to refuse any plat or subdivision plan if deed restrictions, covenants, or other agreements running with the land prohibit or have the effect of prohibiting reasonably sited and designed solar collectors or other renewable resource devices.