The following words, terms, and phrases when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning.
A device or combination of devices or elements that rely
on direct sunlight for the following uses: heating or cooling of a
structure or building; heating or pumping of water; or generating
electricity. A system or device that is a 12-volt system or that generates
less than 400 watts shall not be considered a solar energy system.
(Ordinance 14-06 adopted 6/18/14)
The city council finds that the maintenance and integrity of
neighborhood beauty is important to all citizens. The uncontrolled
proliferation of solar energy systems is likely and such proliferation
will adversely affect the health, safety and general welfare of the
citizens of the city.
(Ordinance 14-06 adopted 6/18/14)
No person shall install, construct, or place solar energy systems
on any property within the city without first obtaining a building
permit from the city.
(Ordinance 14-06 adopted 6/18/14)
The following shall be included in the application submittal:
(1)
Completed
permit application form with all required information provided;
(2)
A
dimensioned site plan or drawing graphically depicting all existing
and proposed structures on the site, setbacks, easements, adjacent
rights-of-way, lot boundaries and dimensions, parking spaces, the
solar energy system and all related components, a directional arrow,
and any other features necessary to evaluate the proposal’s
compliance with city codes, as determined by the building official;
(3)
A
letter sealed by a qualified engineer stating the calculations and
details demonstrating method of attachment of panels and adequacy
of supporting members. Include wind uplift effects; and
(4)
Elevation
drawings that show heights of the panels and indicate how they comply
with the height limits in this code.
(Ordinance 14-06 adopted 6/18/14)
(a)
Ground-mounted
solar energy systems shall:
(1)
Be installed, constructed or placed behind the front building line
on commercial lots;
(2)
Meet the same placement requirements as accessory buildings on residential
lots;
(3)
Be screened from view on all sides by a solid fence, wall or landscaping
to a minimum height that shall be equal to the tallest point of the
structure at its operating height; provided, however, that no fence
or wall used as a screening device shall exceed the height permitted
by the city’s fence regulations, and to the extent that the
maximum operating height of the system exceeds the permitted maximum
height of a fence or wall, landscaping shall be used as a screening
device. Screening shall be of a material that is compatible with the
building materials or landscaping, as appropriate, used in the area;
(4)
Conform to all adopted building, electrical, plumbing and mechanical
codes;
(5)
Not be portable or moveable; and
(6)
Be of a forest green, black, brown or gray color or other neutral
color designed to blend in with the surroundings.
(b)
Roof-mounted
solar energy systems shall:
(1)
Not be installed greater than eight inches between the panel and
the roof;
(2)
Conform to all adopted building, electrical, plumbing and mechanical
codes;
(3)
Not be portable or moveable; and
(4)
Be a forest green, black, brown or gray color or other neutral color
designed to blend in with the surroundings.
(Ordinance 14-06 adopted 6/18/14)
(a)
Any person aggrieved by the application of this article may appeal its effect to the board of adjustments and appeals, as created in article 3.02, division 2, part II of this code.
(b)
Upon
a clear and convincing showing by an appellant that the regulations
set forth in this article either prohibit or unreasonably limit the
use of ground-mounted or roof-mounted solar energy systems, the board
of appeals may grant an exception from the terms of this article and
authorize the issuance of a building permit so as to avoid unnecessary
hardship and so that the spirit of this article shall be observed
and substantial justice done.
(Ordinance 14-06 adopted 6/18/14)
