[Amended 7-12-2010 by L.L. No. 4-2010]
The provisions of this chapter shall be interpreted as providing minimum requirements for small-scale solar energy systems adopted for the purpose of promoting the health, safety, morals and general welfare of this community. Provisions for large-scale and utility-scale solar energy systems are provided in Article XXVII of Chapter 215, Zoning.
It is not intended by this chapter to repeal,
except as herein stated, abrogate or impair existing conditions previously
made or permits previously issued relating to the use of buildings
or premises or to impair or interfere with any easements, covenants
or agreements existing between parties. Except as otherwise provided
herein, whenever this chapter imposes a greater restriction upon the
use of buildings or premises than is required by existing provisions
of law, ordinance, regulations or permits or by such easements, covenants
or agreements, the provisions of this chapter shall control.
A.
Installation of solar energy systems and equipment is encouraged on all preexisting structures; however, access to sunlight which is necessary therefor cannot be obtained through the provisions of this chapter. The installation of a solar collector, whether attached to the main structure or as a detached accessory structure, shall require a building permit and a New York State Unified Solar Permit as stated in § 54-5F(8). Solar collectors are subject to the minimum setbacks, offsets and lot area coverage for whatever use district in which they are proposed to be installed. Height limitations for solar collectors in A First and B Second Residential Districts shall be five feet above the level of the permitted building height. Height limitations in all other use districts shall be in accordance with the limitations for signs in each use district. All solar collectors and their associated support elements shall be designed according to generally accepted engineering practice to withstand wind pressures applied to exposed areas by wind from any direction, to minimize the migration of light or sound from the installation and to minimize the development of sight obstructions for adjacent structures or land parcels.
[Amended 7-10-2017 by L.L. No. 4-2017]
B.
Other alternative natural energy conservation devices shall be considered structures and shall require a building permit. All permit applications for such devices will be reviewed and considered as they meet § 215-3 of this chapter.
C.
All solar
energy systems located in the A First Residential District or B Second
Residential District are only permitted to contain solar collectors
located on the rooftops of principal or accessory buildings. The solar
collectors must be completely contained within the limits of the building
roof. All other equipment and components of the solar energy system
shall be located within the rear yard only and are subject to setbacks
for accessory structures.
A.
Whenever the regulations made by this chapter require
a greater width or size of yards or courts or require a lower height
of building or less number of stories or require a greater percentage
of lot to be left unoccupied or impose other higher standards than
required in any other ordinance or regulation, the provisions of the
regulations made by this chapter shall govern.
B.
Whenever the provisions of any other ordinance or
regulation require a greater width or size of yards or courts or require
a lower height of building or less number of stories or require a
greater percentage of the lot to be left unoccupied or impose other
higher standards than are required by regulations made by this chapter,
the provisions of such other ordinance or regulation shall govern.
