Cape Coral Development Standard for Solar PV Arrays

This rule sets a development Standard for Solar PV Arrays: 1. Permitted accessory equipment. Rooftop photovoltaic solar systems shall be deemed permitted accessory equipment for all buildings in all zoning categories. Nothing contained in this chapter shall be deemed to prohibit the installation of rooftop photovoltaic solar systems on buildings containing legally nonconforming uses.2.Maintenance. The photovoltaic system shall be properly maintained and be kept free from hazards, including faulty wiring, loose fastenings, or being maintained in a condition that is unsafe or detrimental to public health, safety, or general welfare.3.Abandonment. Abandoned or unused freestanding solar energy systems not in use for a period of 18 months shall be removed at the owner’s expense.B.Building-mounted PV systems.1.Roof mounted:a.Notwithstanding the height limitations of the zoning district, building mounted solar energy systems shall not extend higher than three feet above the ridge level of a roof, for structures with gable, hip, or gambrel roofs and shall not extend higher than 10 feet above the surface of the roof when installed on flat or shed roof.b.The solar collector surface and mounting devices shall be set back not less than one foot from the exterior perimeter of a roof for every one foot that the system extends above the roof surface on which the system is mounted. Solar energy systems that extend less than one foot above the roof surface shall be exempt from this provision.2.Wall mounted or flush to a building or structure:a.PV arrays are allowed on the walls or sides of any building or structure but shall not encroach into the required front yard setback and may not encroach into side and rear yard setback by more than three feet and shall not extend into or over an easement.b.A minimum of nine feet vertical distance shall be maintained under the PV array where needed to provide adequate clearance for pedestrians.c.To the maximum extent possible, wall mounted PV arrays shall be designed as compatible to the structure and surface to which it is attached.C.At-grade PV systems.1.Exemptions. The restrictions of this Subsection with respect to height, location, and setbacks are not applicable to any accessory component to a freestanding outdoor lighting fixture, telephone pole, parking meter, or any other similar structure, as determined by the city.2.Height. The maximum height of any at-grade PV array shall not exceed twelve feet, except for residential locations, as established in subsection 3., below.3.Residential location. For PV arrays in or abutting residential zoning districts, the following requirements apply:a.PV arrays up to six feet in height are allowed;b.PV arrays shall be setback at least seven and one-half feet from interior side property lines and 10′ from rear property lines;c.PV arrays are not allowed within the front setback or front yard of a residentially zoned property; andd.The area of the solar collector surface of freestanding solar energy systems shall not exceed five percent of the lot area.4.Commercial location. For PV arrays in non-residential zoning districts and not adjacent to residentially zoned property, at-grade PV systems must meet all setback requirements for a structure within the zoning district.5.The supporting framework for freestanding solar energy systems shall not include unfinished lumber.