Building-integrated solar energy systems: An active solar energy system that is an integral part of a building, rather than a separate mechanical device, replacing or substituting for an architectural or structural component of the building. Building-integrated systems include but are not limited to photovoltaic or hot water solar energy systems that are contained within roofing materials, windows, skylights and awnings.

Commercial use: The intended or actual use of a solar energy system for commercial purposes, including but not limited to use by a property other than the property upon which the solar energy system is located or use involving the sale of electricity to third parties or electric utilities.

Ground mount: A solar energy system mounted on a rack or pole that rests on or is attached to the ground.

Photovoltaic system: An active solar energy system that converts solar energy directly into electricity.

Roof mount: A solar energy system that is mounted on a rack that is fastened onto a building roof.

Roof pitch: The final exterior slope of a building roof calculated by the rise over the run, typically but not exclusively expressed in twelfths.

Solar collector: An assembly, structure, and the associated equipment and housing, designed for gathering, concentrating, or absorbing direct and indirect solar energy for which the primary purpose is to convert or transform solar radiant energy into thermal, mechanical, chemical or electrical energy.

Solar energy: Radiant energy received from the sun that can be collected in the form of heat or light by a solar collector.

Solar energy system: A device, array of devices, or structural design feature, the purpose of which is to provide for: (i) generation of electricity; (ii) collection, storage and distribution of solar energy for space heating or cooling; (iii) daylight for interior lighting; or (iv) water heating.

Solar farm: A commercial facility that converts sunlight into electricity, whether by photovoltaics (PV), concentrating solar thermal devices (CST), or other conversion technology, for the primary purpose of wholesale sales of generated electricity. Solar farms shall include solar gardens that are one acre or more in size.

Solar garden: A commercial solar-electric (photovoltaic) array, of less than one acre in size, that provides retail electric power (or a financial proxy for retail power) to multiple households or businesses residing in or located off-site from the location of the solar energy system. A solar garden that is one (1) acre or more in size shall be deemed a solar farm.

Solar hot water system: A system (also referred to as Solar Thermal) that includes a solar collector and a heat exchanger that heats or preheats water for building heating systems or other hot water needs, including residential domestic hot water and hot water for commercial processes.

Solar mounting devices: Racking, frames, or other devices that allow the mounting of a solar collector onto a roof surface or the ground.

Solar resource: A view of the sun from a specific point on a lot or building that is not obscured by any vegetation, building, or object for a minimum of four hours between the hours of 9:00 a.m.and 3:00 p.m. Standard Time on all days of the year.

(Ord. No. 10-01-19, § 2, 10-1-2019)

17.2-1

Solar permit applications. It shall be unlawful to construct, alter, relocate or demolish any solar energy system without first applying for and obtaining both a zoning permit as set forth in section 8.2 of the zoning ordinance of the village and a solar permit as more specifically provided in this article.

17.2-2

Review of solar permit applications. Solar permit applications with respect to solar energy systems that are a permitted accessory use shall be made to the village clerk and reviewed for approval by the zoning inspector. Solar permit applications with respect to solar energy systems that are a conditional accessory use shall be made to the village clerk and reviewed pursuant to the procedures for approval of a conditional use pursuant to article 9 of the zoning ordinance of the village.

17.2-3.

Application plans. Every solar permit application for the construction, alteration or relocation of a solar energy system shall be accompanied with a written plan and drawing for the proposed solar energy system. The written plan shall:

a.

Identify the owner of the property upon which the proposed solar energy system will be located;

b.

Identify the owner and operator of the proposed solar energy system, if not the same as the owner of the property upon which the proposed solar energy system will be located;

c.

Indicate the zoning classification of the property;

d.

Include to-scale horizontal and vertical drawings showing all buildings and accessory structures located on the property, all adjoining roadways, the location of the solar energy system on the building or on the property, including all set-back and property lines, the elevation of the solar energy system, and the location and types of all screening;

e.

For roof mount solar energy systems other than a flat roof, the elevation must show the highest finished slope of the solar collector and the slope of the finished roof surface on which it is mounted; and

f.

Identify the name of the installer of the solar energy system.

No solar permit shall be issued except after approval of the written plan and drawing and after payment of the fees as provided for in this section.

17.2-4

Application fees. In addition to payment of all applicable zoning permit fees, every solar permit application shall be charged an application processing fee in the amount of $200.00.

17.2-5

Fee surcharge. Any person who constructs, alters or relocates a solar energy system prior to the application, payment and issuance of a solar permit as required herein shall be charged three times the application fee.

17.2-6.

Cancellation, abandonment and discontinuance. A solar permit will become null and void if construction work is not started within six months of the date the solar permit is issued. Once started, if the work for which the solar permit was issued is, in the discretion of the zoning inspector, abandoned or discontinued, the solar permit shall be terminated.

(Ord. No. 10-01-19, § 2, 10-1-2019)

17.3-1

Permitted accessory use. The following solar energy systems shall be allowed as a permitted accessory use in all zoning districts within the village limits when used exclusively for non-commercial purposes:

a.

A ground mount solar energy system;

b.

Roof mount solar energy systems; and

c.

Building integrated solar energy systems.

17.3-2

Prohibitions. Commercial use solar energy systems, including all solar gardens and solar farms, shall not be permitted within the village limits.

17.3-3

Requirements. Solar energy systems under this section shall be subject to the following requirements:

a.

No solar energy system that is an accessory use may be erected prior to the establishment or construction of the main building to which such system is accessory.

b.

Height. The following height requirements shall be met:

1.

Building or roof mount solar energy systems shall not exceed the maximum allowed height in their respective zoning district.

2.

Ground mount solar energy systems shall not exceed ten) feet in height when oriented at maximum tilt.

c.

Set-back. All minimum set-back requirements for the zoning district in which the solar energy system is in use must be satisfied, in addition to:

1.

Roof mount or building-integrated solar energy systems shall not extend beyond the exterior perimeter of the building on which the system is mounted or built.

2.

Ground mount solar energy systems shall not extend into the side-yard or rear setback when oriented at minimum design tilt.

3.

No ground mount solar energy systems shall be allowed in the front yard of any property; provided that, solely with respect to property zoned Limited Manufacturing District (M-1) or General Manufacturing District (M-2), ground mount solar energy systems shall be allowed in the front yard of the property so long as the system is located at least 200 feet from the public right-of-way.

d.

Visibility. Solar energy systems shall be designed to blend into the architecture of the building or be screened from routine view from public right-of-ways other than alleys. A solar energy system may be screened from routine view through use of fencing, shrubbery, trees, or such other landscaping or building as may be necessary to satisfy the visibility requirements herein. The color of the solar collector and solar mounting devices shall be consistent with other roofing materials. The visibility requirements as set forth herein are also subject to the following:

1.

Building-integrated solar energy systems shall be allowed regardless of whether the system is visible from the public right-of-way, provided that the building component in which the system is integrated meets all required set-back, land use or performance standards for the zoning district in which the building is located.

2.

Roof mount solar energy systems shall be allowed regardless of whether the system is visible from the public right-of-way, provided that the highest finished pitch is no steeper than the roof pitch on which the system is mounted, and shall be no higher than 12 inches above the roof.

3.

Solar energy systems using a reflector to enhance solar production shall minimize glare from the reflector affecting adjacent or nearby properties.

d.

Glare. Solar energy systems shall be designed, constructed and sited to minimize or prevent glare and/or reflections on adjacent properties and roadways, and shall not materially and negatively impact the use thereon. A solar energy system shall not interfere with traffic, including air traffic, or otherwise create a safety hazard. In the event that reasonable glare and/or reflection concerns are raised within the village, the owner will take actions to address those concerns, including but not limited to additional screening or otherwise modifying the solar energy system.

e.

Miscellaneous.

1.

Roof mount solar energy systems, excluding building-integrated systems, shall allow for adequate roof access for fire-fighting purposes to the roof upon which the systems are mounted.

2.

Roof mount solar energy systems shall not be constructed in any manner which creates an unreasonable risk of falling ice or snow, or which causes water to flow directly from any solar collector to ground level.

3.

Ground mount solar energy systems approved as an accessory use shall not be larger than the lesser of (i) half the building footprint of the main building on the property, or (ii) 625 square feet.

4.

No ground mount solar energy system shall be constructed in a manner which increases water drainage flow to any adjacent property. If it appears that there is a risk of increased water drainage flow, the zoning inspector may require the installation and maintenance of appropriate groundcover or detention areas to mitigate any such risk. If the applicant provides a written report from a qualified professional engineer indicating that the proposed ground mount solar energy system will not increase water drainage flow to adjacent property, the requirement shall be deemed satisfied for purposes of issuance of the solar permit only.

5.

Solar energy systems on buildings within designated historic districts or on locally designated historic buildings (exclusive of state or federal historic designation) must be consistent with the standards for solar energy systems on historically designated buildings published by the U.S. Department of Interior.

6.

Solar energy systems must be certified by a third-party for safety, performance and quality through a UL (formerly Underwriters Laboratories) listing or approved equivalent and solar hot water systems must have an SRCC (solar rating and certification company) rating.

7.

Solar energy systems shall comply with all applicable local and state building, electric and plumbing codes.

17.3-4

Conditional accessory use. Solar energy systems permitted under subsection 17.3-1 of this section that demonstrate that the requirements in subsection 17.3-3 cannot be met without materially diminishing the minimum reasonable performance of the solar energy system, as that term is defined herein, may request a conditional use permit from the village.

a.

Minimum reasonable performance. The standards for the minimum reasonable performance of certain solar energy systems are as follows:

1.

Fixed-mount active solar energy systems. They should be mounted to face within 45 degrees of south (185 degrees azimuth).

2.

Solar electric (photovoltaic) systems. The solar collectors should have a pitch between 20 and 65 degrees.

3.

Solar hot water systems. The solar collectors need to be mounted at a pitch between 40 and 60 degrees.

4.

Location of all solar energy systems. The solar energy system should be located where the lot or building has a solar resource, as defined herein.

b.

Conditional use permit. A conditional use permit shall be granted, regardless of whether the requirements in subsection 17.3-3 are not met, if the applicant demonstrates that the minimum reasonable performance of the solar energy system is materially diminished and that the following conditions are present:

1.

Safety conditions. The solar energy system must meet all applicable local, state, and federal health and safety standards.

2.

Aesthetic conditions. The solar energy system must be designed to blend into the architecture of the building or be screened from routine view from public right-of-ways other than alleys to the maximum extent possible, while still allowing the system to be mounted for efficient performance.

3.

Non-tracking ground mount systems. Pole or ground mount solar energy systems must be set back from the property line by a minimum of five feet.

17.3-5

Restrictions on solar energy systems limited. Nothing in this article shall be deemed a limitation upon any homeowners' agreement, covenant, common interest community, or other contract between multiple property owners within the village that prohibit or restrict homeowners from installing solar energy systems. Nothing in this article shall be deemed to prohibit or restrict the village from installing a solar energy system at property owned or leased by the village.

(Ord. No. 10-01-19, § 2, 10-1-2019; Ord. No. 10-1-2024, § 2, 3, 10-1-2024)

Solar energy systems shall not be allowed as a permitted or conditional principal use within the village or for any commercial use.

(Ord. No. 10-01-19, § 2, 10-1-2019)