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Columbiana looking at possible regulations for solar panels

By Katie White 3 min read

COLUMBIANA -- As solar energy gains popularity the city is looking into possible regulations for solar panels.

City Council reviewed an ordinance drafted by Municipal Attorney Mark Hutson during its April 18 meeting that if adopted would add a new chapter to the city's zoning code.

Hutson said he looked over laws already in place in other communities and that what was put before council was something that fell "in the middle of the road" of what other communities followed.

He told council to be as restrictive as they wished and that the ordinance was only a suggestion.

"You can regulate them as much as you want. You don't want anybody that is beside somebody with solar energy systems up to be looking at it as a nuisance," Hutson said.

Council made no formal decisions during the meeting but did provide input on what should or should not be included in any law the city may adopt.

Council members Skip Liston and Dan Dattilio felt that some of the language in the recommended ordinance was a bit too restrictive.

For example, limiting the direction a solar panel could be placed on roof mounted solar energy systems would result in a less efficient solar system, they said.

The recommended ordinance states that the roof mounted solar systems shall not be located on the front elevation or any elevation facing within 90 degrees of the front of a building.

"Limiting the direction like this would mean anyone who has a south facing house is losing the most effective part of their roof," Dattilio said. "With these restrictions I would still be down to a third of my roof because of the way my roof is designed so I think that particular one is probably not a great choice for us."

Dattilio went on to say that the entire portion of a roof should be available for solar systems, not certain portions.

"The roof itself, I think, should be pretty much wide open," he said.

Dattilio was also against requiring proof of Homeowner's Association approval in the building permit application in order to have a permit issued to install a solar system.

He said HOA approval is not required for any other building permits.

He and others on council felt that HOA approval was between the person seeking a permit and the HOA.

Dattilio recommended including language in the ordinance that specified that the city's building permit does not supersede HOA requirements or deed restrictions.

Other items brought up during the meeting included enforcement of proposed regulations and how it could affect the building and zoning inspector, who would then have more work to do, and whether existing solar energy systems in the city would have to comply with a new law or if they would be grandfathered in.

Hutson said of the few existing solar energy systems in the city, none are located in front yards.

The general consensus was that if or when existing solar energy systems are replaced, the new systems would need to comply with any new regulations.

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