§ 36-7-2-8 — Solar energy systems; ordinances; reasonable restrictions

Indiana § 36-7-2-8

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 7: PLANNING AND DEVELOPMENT
• Ch. 2: General Powers Concerning Planning and Development

Text

(a) As used in this section, "solar energy system"
means either of the following:
(1) any solar collector or other solar energy device whose primary
purpose is to provide for the collection, storage, and distribution
of solar energy for space heating or cooling, or for water heating;
or
(2) any structural design feature of a building, whose primary
purpose is to provide for the collection, storage, and distribution
of energy for space heating or cooling, or for water heating.
(b) A unit may not adopt any ordinance which has the effect of
prohibiting or of unreasonably restricting the use of solar energy
systems other than for the preservation or protection of the public
health and safety.
(c) This section does not apply to ordinances which impose
reasonable restrictions on solar energy systems. However, it is the
policy of this state to promote and encourage the use of solar energy
systems and to remove obstacles to their use. Reasonable restrictions
on solar energy systems are those restrictions which:
(1) do not significantly increase the cost of the system or
significantly decrease its efficiency; or
(2) allow for an alternative system of comparable cost and
efficiency.
As added by Acts 1981, P.L.311, SEC.2.