Bedford City Zoning Code

SOLAR ENERGY

INSTALLATIONS

§ 155.110 SCOPE.

The following regulations apply to all solar energy installations in the city.

(Ord. 23-2022, passed 12-19-22)

§ 155.111 PURPOSE.

The city has adopted these regulations for the following purposes:

(A) Comprehensive plan goals. The city has goals in its Comprehensive Plan, including preserving the health, safety, and welfare of the community by promoting the safe, effective, and efficient use of solar energy systems. The solar energy standards specifically implement the following goals from the Comprehensive Plan:

(1) Goal. Encourage the use of local renewable energy resources, including appropriate applications for wind, solar, and biomass energy and energy storage.

(2) Goal. Promote sustainable building design and management practices to serve current and future generations.

(3) Goal. Assist local businesses to lower financial and regulatory risks and improve their economic, community, and environmental sustainability.

(4) Goal. Efficiently invest in and manage public infrastructure systems to support development and growth.

(B) Infrastructure. Distributed solar photovoltaic systems will enhance the reliability and power quality of the power grid and make more efficient use of the city's electric distribution infrastructure.

(C) Local resource. Solar energy is an underused local energy resource and encouraging its use will diversify the community's energy supply portfolio and reduce exposure to fiscal risks associated with fossil fuels.

(D) Consistency with greenhouse gas reduction plans. The city has developed recommendations for greenhouse gas reductions, a purpose served by encouraging local solar development.

(E) Improve competitive markets. Solar energy systems offer additional energy choices to consumers and will improve competition in the electricity and natural gas supply markets.

(Ord. 23-2022, passed 12-19-22)

§ 155.112 DEFINITIONS.

For the purpose of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.

AGRIVOLTAICS. A solar energy system co-located on the same parcel of land as agricultural production, including crop production, grazing, apiaries, or other agricultural products or services.

BUILDING-INTEGRATED SOLAR ENERGY SYSTEMS. A solar energy system that is an integral part of a principal or accessory building, rather than a separate mechanical device, replacing or substituting for an architectural or structural component of the building. Building-integrated systems include, but are not limited to, photovoltaic or hot water solar energy systems that are contained within roofing materials, windows, skylights and awnings.

COMMUNITY-SCALE SOLAR ENERGY SYSTEM. A commercial solar energy system that converts sunlight into electricity for the primary purpose of serving electric demands off-site from the facility, either retail or wholesale. Community-scale systems are principal uses and projects typically cover less than ten acres.

COMMUNITY SHARED SOLAR. A solar energy system that provides retail electric power (or a financial proxy for retail power) to multiple community members or businesses residing or located off-site from the location of the solar energy system.

GRID-TIED SOLAR ENERGY SYSTEM. A photovoltaic solar energy system that is connected to an electric circuit served by an electric utility company.

GROUND-MOUNTED. A solar energy system mounted on a rack or pole that rests or is attached to the ground. Ground-mounted systems can be either accessory or principal uses.

LARGE-SCALE SOLAR ENERGY SYSTEM. A commercial solar energy system that converts sunlight into electricity for the primary purpose of wholesale sales of generated electricity. A LARGE SCALE SOLAR ENERGY SYSTEM will have a project size greater than ten acres and is the principal land use for the parcel(s) on which it is located. It can include collection and feeder lines, substations, ancillary buildings, solar monitoring stations and accessory equipment or structures thereto, that capture and convert solar energy into electrical energy, primarily for use in locations other than where it is generated.

OFF-GRID SOLAR ENERGY SYSTEM. A photovoltaic solar energy system in which the circuits energized by the solar energy system are not electrically connected in any way to electric circuits that are served by an electric utility company.

PASSIVE SOLAR ENERGY SYSTEM. A solar energy system that captures solar light or heat without transforming it to another form of energy or transferring the energy via a heat exchanger.

PHOTOVOLTAIC SYSTEM. A solar energy system that converts solar energy directly into electricity.

POLLINATOR-FRIENDLY SOLAR ENERGY. A community- or large-scale solar energy system that meets the requirements of the 2020 Indiana Solar Site Pollinator Habitat Planning Scorecard developed by Purdue University or another pollinator-friendly checklist developed by a third party as a solar-pollinator standard designed for Midwestern ecosystems, soils and habitat.

RENEWABLE ENERGY EASEMENT, SOLAR ENERGY EASEMENT. An easement that limits the height or location, or both, of permissible development on the burdened land in terms of a structure or vegetation, or both, for the purpose of providing access for the benefitted land to wind or sunlight passing over the burdened land.

ROOF-MOUNTED. A solar energy system mounted on a rack that is fastened to or ballasted on a structure roof. ROOF-MOUNTED SYSTEMS are accessory to the principal use.

ROOF PITCH. The final exterior slope of a roof calculated by the rise over the run, typically but not exclusively expressed in twelfths such as 3/12, 9/12, 12/12.

SOLAR ACCESS. Unobstructed access to direct sunlight on a lot or building through the entire year, including access across adjacent parcel air rights, for the purpose of capturing direct sunlight to operate a solar energy system.

SOLAR CARPORT. A solar energy system of any size that is installed on a carport structure that is accessory to a parking area, and which may include electric vehicle supply equipment or energy storage facilities.

SOLAR COLLECTOR. A device, structure or a part of a device or structure for which the primary purpose is to transform solar radiant energy into thermal, mechanical, chemical, or electrical energy. The collector does not include frames, supports or mounting hardware.

SOLAR DAYLIGHTING. Capturing and directing the visible light spectrum for use in illuminating interior building spaces in lieu of artificial lighting, usually by adding a device or design element to the building envelope.

SOLAR ENERGY. Radiant energy received from the sun that can be collected in the form of heat or light by a solar collector.

SOLAR ENERGY SYSTEM. A device, array of devices, or structural design feature, the purpose of which is to provide for generation or storage of electricity from sunlight, or the collection, storage, and distribution of solar energy for space heating or cooling, daylight for interior lighting, or water heating.

SOLAR HOT AIR SYSTEM or SOLAR AIR HEAT or SOLAR FURNACE. A solar energy system that includes a solar collector to provide direct supplemental space heating by heating and re-circulating conditioned building air. The most efficient performance includes a solar collector to preheat air or supplement building space heating, typically using a vertically mounted collector on a south-facing wall.

SOLAR HOT WATER SYSTEM or SOLAR THERMAL. A system that includes a solar collector and a heat exchanger that heats or preheats water for building heating systems or other hot water needs, including residential domestic hot water and hot water for commercial processes.

SOLAR MOUNTING DEVICES. Racking, frames or other devices that allow the mounting of a solar collector onto a roof surface or the ground.

SOLAR-READY DESIGN. The design and construction of a building that facilitates and makes feasible the installation of rooftop solar.

SOLAR RESOURCE. A view of the sun from a specific point on a lot or building that is not obscured by any vegetation, building, or object for a minimum of four hours between the hours of 9:00 a.m. and 3:00 p.m. Standard time on all days of the year, and can be measured in annual watts per square meter.

(Ord. 23-2022, passed 12-19-22)

§ 155.113 PERMITTED ACCESSORY USE.

Solar energy systems are a permitted accessory use in all zoning districts where structures of any sort are allowed, subject to certain requirements as set forth below. Solar carports and associated electric vehicle charging equipment are a permitted accessory use on surface parking lots in all districts regardless of the existence of another building. Solar energy systems that do not meet the following design standards will require a conditional use permit.

(A) Height. Solar energy systems must meet the following height requirements:

(1) Building- or roof-mounted solar energy systems shall not exceed the maximum allowed height in any zoning district. For purposes of height measurement, solar energy systems other than building-integrated systems shall be given an equivalent exception to height standards as building-mounted mechanical devices or equipment.

(2) Ground- or pole-mounted solar energy systems shall not exceed 15 feet in height when oriented at maximum tilt.

(3) Solar carports in non-residential districts shall not exceed 20 feet in height.

(B) Setback. Solar energy systems must meet the accessory structure setback for the zoning district and principal land use associated with the lot on which the system is located, as allowed below.

(1) Roof- or building-mounted solar energy systems. The collector surface and mounting devices for roof-mounted solar energy systems shall not extend beyond the exterior perimeter of the building on which the system is mounted or built, unless the collector and mounting system has been explicitly engineered to safely extend beyond the edge, and setback standards are not violated. Exterior piping for solar hot water systems shall be allowed to extend beyond the perimeter of the building on a side yard exposure. Solar collectors mounted on the sides of buildings and serving as awnings are considered to be building-integrated systems and are regulated as awnings.

(2) Ground-mounted solar energy systems. Ground-mounted solar energy systems may not extend into the side-yard or rear setback when oriented at minimum design tilt, except as otherwise allowed for building mechanical systems.

(C) Visibility. Solar energy systems in residential districts shall be designed to minimize visual impacts from the public right-of-way, as described in divisions (C)(1) through (3) of this section, to the extent that doing so does not affect the cost or efficacy of the system, consistent with I.C. § 36-7-2-8. Visibility standards do not apply to systems in non-residential districts, except for historic building or district review as described in division (E) below.

(1) Building-integrated photovoltaic systems. Building-integrated photovoltaic solar energy systems shall be allowed regardless of whether the system is visible from the public right-of-way, provided the building component in which the system is integrated meets all required setback, land use or performance standards for the district in which the building is located.

(2) Aesthetic restrictions. Roof-mounted or ground-mounted solar energy systems shall not be restricted for aesthetic reasons if the system is not visible from the closest edge of any public right-of-way other than an alley or if the system meets the following standards.

(a) Roof-mounted systems on pitched roofs that are visible from the nearest edge of the front right-of-way shall have the same finished pitch as the roof and be no more than ten inches above the roof.

(b) Roof-mounted systems on flat roofs that are visible from the nearest edge of the front right-of-way shall not be more than five feet above the finished roof and are exempt from any rooftop equipment or mechanical system screening.

(3) Reflectors. All solar energy systems using a reflector to enhance solar production shall minimize glare from the reflector affecting adjacent or nearby properties.

(D) Lot coverage. Ground-mounted systems shall meet the existing lot coverage restrictions for the zoning district except as defined below.

(1) Ground-mounted systems shall be exempt from lot coverage or impervious surface standards if the soil under the collector is maintained in vegetation and not compacted.

(2) Ground-mounted systems shall not count toward the maximum number of accessory structures permitted.

(3) Solar carports in non-residential districts are exempt from lot coverage limitations.

(E) Historic buildings. Solar energy systems on buildings within designated historic districts or on locally designated historic buildings (exclusive of state or federal historic designation) must receive approval of the local Historic Preservation Commission, or equivalent, consistent with the standards for solar energy systems on historically designated buildings published by the U.S. Department of the Interior.

(F) Plan approval required. All solar energy systems requiring a building permit or other permit from the city shall provide a site plan for review.

(1) Plan applications. Plan applications for solar energy systems shall be accompanied by to-scale horizontal and vertical (elevation) drawings. The drawings must show the location of the system on the building or on the property for a ground-mounted system, including the property lines.

(2) Plan approvals. Applications that meet the design requirements of this subchapter shall be granted administrative approval by the zoning official and shall not require Planning Commission review. Plan approval does not indicate compliance with Building Code or Electric Code.

(G) Approved solar components. Electric solar energy system components must have an Underwriters Laboratory (UL) or equivalent listing and solar hot water systems must have a Solar Rating & Certification Corporation (SRCC) or equivalent rating.

(H) Compliance with Building Code. All solar energy systems shall meet approval of local building code officials, consistent with the State of Indiana Building Code, and solar thermal systems shall comply with HVAC-related requirements of the Energy Code.

(I) Compliance with State Electric Code. All photovoltaic systems shall comply with the Indiana State Electric Code.

(J) Compliance with State Plumbing Code. Solar thermal systems shall comply with applicable Indiana State Plumbing Code requirements.

(K) Utility notification. It is recommended that the interconnection application be submitted to the utility prior to applying for required permits. Grid-tied solar energy systems shall comply with interconnection requirements of the electric utility. Off-grid systems are exempt from this requirement.

(Ord. 23-2022, passed 12-19-22)

§ 155.114 PRINCIPAL USES.

The city encourages the development of commercial- or utility-scale solar energy systems where such systems present few land use conflicts with current and future development patterns. Community- and large-scale systems are either conditional or permitted with site plan review, and are excluded elsewhere.

(A) Principal use general standards.

(1) Site design.

(a) Setbacks. Community- and large-scale solar arrays must meet the following setbacks:

1. Property line setback from a non-participating landowner's property line must meet the established setback for buildings or structures in the district in which the system is located, except as otherwise determined in division (A)(1)(a)6. below.

2. Property line setbacks between separate parcels, both of which are participating in the project, may be waived upon agreement of the landowner(s).

3. Roadway setback of 50 feet from the right-of-way of state highways and County and State Aid Highways (CSAHs), and 40 feet for other roads, except as otherwise determined in (A)(1)(a)6. below.

4. Housing unit setback of 150 feet from any existing dwelling unit of a non-participating landowner, except as otherwise determined in (A)(1)(a)6. below. Participating landowner housing must meet building setbacks or required yards for the district in which the project is located.

5. Setback distance should be measured from the edge of the solar energy system array, excluding security fencing, screening or berm.

6. All setbacks can be reduced by 50%, except that unwaived setbacks cannot be less than 30 feet, if the array has a landscape buffer that screens the array at the setback point of measurement.

(b) Screening. Community- and large-scale solar energy systems shall be screened from existing residential dwellings.

1. A landscape plan shall be submitted that identifies the type and extent of proposed buffer and screening. Vegetation or another type of buffer can be proposed.

2. Screening shall be consistent with the city's screening ordinance or standards typically applied for other land uses requiring screening.

3. Screening shall not be required along highways or roadways, except as provided in division (A)(1)(b)4. below, or along property lines within the same zoning district, except where the adjoining lot has an existing residential use.

4. The city may require screening where it determines there is a clear community interest in maintaining a viewshed.

(d) Ground cover and buffer areas (alternative A). Community- or large-scale ground-mounted solar energy systems are required to adhere to the following standards. Additional site-specific conditions may apply as required by the city.

1. Ground around and under solar panels and in project site buffer areas shall be planted, established and maintained for the life of the solar project in perennial vegetated ground cover meeting the definition of pollinator-friendly solar energy in § 155.112 above.

a. All applicants shall submit a completed pollinator-friendly solar scorecard such as the 2020 Indiana Solar Site Pollinator Habitat Planning Scorecard developed by Purdue University, or a similar third-party solar pollinator standard designed for Midwest ecosystems and conditions.

b. When the scorecard results demonstrate the project does not qualify as pollinator friendly, the applicant shall submit a landscaping plan detailing site conditions that prevent the site from being qualified and alternative means of meeting the water quality and habitat goals of the pollinator-friendly standard.

2. The site shall be planted and maintained to be free of invasive or noxious species, as listed by the Indiana Invasive Species Council. No insecticide use is permitted on the site. This provision does not apply to insecticide use in on site buildings, in and around electrical boxes, spot control of noxious weeds, or as otherwise may be deemed necessary to protect public health and safety.

3. Projects maintained as pollinator-friendly compliant are exempt from landscaping requirements and post-construction stormwater management controls (as stated in division (A)(2) of this section) that may be otherwise required under the city's development regulations, unless required due to special conditions by the plan commission or the Board of Zoning Appeals.

(e) Ground cover and buffer areas (alternative B). Community- or large-scale ground-mounted solar energy systems are required to adhere to the following standards. Additional site-specific conditions may apply as required by the city.

1. Ground around and under solar panels and in project site buffer areas shall be planted, established, and maintained for the life of the solar project in perennial vegetated ground cover.

2. To the maximum extent feasible for site conditions, perennial vegetation ground cover shall be based on a diverse seed mix of native species consistent with guidance specific to the local area provided by the Soil and Water Conservation District office or the Indiana Native Plant Society.

3. The owner/operator shall demonstrate site maintenance that is intended to remove invasive or noxious species, as listed by the Indiana Invasive Species Council, without harming perennial vegetation.

4. No insecticide use is permitted on the site. This provision does not apply to insecticide use in on-site buildings, in and around electrical boxes, spot control of noxious weeds, or as otherwise may be deemed necessary to protect public health and safety.

5. Plant material must not have been treated with systemic insecticides, particularly neonicontinoids.

6. Community- or large-scale ground-mounted solar energy systems that propose to install, establish, and maintain pollinator-friendly vegetative cover are to demonstrate the quality of their habitat by using guides such as Purdue University 2020 Indiana Solar Site Pollinator Habitat Planning Scorecard, or other third party solar-pollinator scorecards designed for Midwestern ecosystems, soils, and habitat.

7. Projects certified and maintained as pollinator-friendly compliant are exempt from landscaping requirements and post-construction stormwater management controls (as stated in division (A)(2) of this section) that may be otherwise required under the city's development regulations, unless required due to special conditions by the plan commission or the Board of Zoning Appeals.

(f) Foundations. A qualified engineer shall certify, prior to application for building permits, that the foundation and design of the solar panel racking and support is within accepted professional standards, given local soil and climate conditions.

(g) Power and communication lines.

1. Power and communication lines running between banks of solar panels and to nearby electric substations or interconnections with buildings shall be buried underground. Exemptions may be granted by the city in instances where shallow bedrock, water courses, or other elements of the natural landscape interfere with the ability to bury lines, or distance makes undergrounding infeasible, at the discretion of the Zoning Administrator.

2. Power and communication lines between the project and the point of interconnection with the transmission system can be overhead.

(h) Fencing. Perimeter fencing for the site shall not include barbed wire or woven wire designs and shall preferably use wildlife-friendly fencing standards that include clearance at the bottom. Alternative fencing can be used if the site is incorporating agrivoltaics.

(2) Stormwater and NPDES. Large- and community-scale solar projects are subject to the city's stormwater management and erosion and sediment control provisions and Nonpoint Pollution Discharge Elimination System (NPDES) permit requirements. Solar collectors shall not be considered impervious surfaces if the project complies with ground cover standards, as described in divisions (A)(1)(d) and (e) of this section.

(3) Other standards and codes. All large- and community-scale solar projects shall be in compliance with all applicable local, state and federal regulatory codes, including the State of Indiana Uniform Building Code, as amended and the National Electric Code, as amended.

(4) Site plan required. The applicant shall submit a detailed site plan for both existing and proposed conditions, showing locations of all solar arrays, other structures, property lines, rights-of-way, service roads, floodplains, wetlands, and other protected natural resources, topography, electric equipment, and all other characteristics requested by the city. The site plan should show all zoning districts and overlay districts.

(5) Aviation protection. For large- and community-scale solar projects located within 500 feet of an airport or within approach zones of an airport, the applicant must complete and provide the results of a glare analysis through a qualitative analysis of potential impact, field test demonstration, or geometric analysis of ocular impact in consultation with the Federal Aviation Administration (FAA) Office of Airports, consistent with the Interim Policy, FAA Review of Solar Energy Projects on Federally Obligated Airports, or most recent version adopted by the FAA.

(6) Agricultural protection. Large- and community-scale solar projects must comply with the city's site assessment standards for identifying agricultural soils. The city may require mitigation for use of prime soils for solar array placement, including the following:

(a) Demonstrating co-location of agricultural uses (agrivoltaics) on the project site.

(b) Using an interim use or time-limited Conditional Use Permit (CUP) that allows the site to be returned to agriculture at the end of life of the solar installation.

(c) Locating the project in a wellhead protection area for the purpose of removing agricultural uses from high-risk recharge areas.

(d) Using pollinator-friendly ground cover, as defined in § 155.112.

(7) Decommissioning. A decommissioning plan shall be required to ensure that facilities are properly removed after their useful life.

(a) Decommissioning of the system must occur in the event the project does not produce power for 12 consecutive months. An owner may petition for an extension of this period upon showing of reasonable circumstances that have caused the delay in the start of decommissioning.

(b) The plan shall include provisions for removal of all structures and foundations to a depth of 48 inches, restoration of soil and vegetation and assurances that financial resources will be available to fully decommission the site.

(d) The city may require the posting of a bond, letter of credit, a parent guarantee, or other financial surety to ensure proper decommissioning.

(e) The value of the decommission bond or letter of credit should consider the salvage value of the solar equipment.

(B) Community-scale solar. The city permits the development of community scale solar, subject to the following standards and requirements:

(1) Rooftop shared solar systems permitted. Rooftop systems are permitted in all districts where buildings are permitted.

(2) Community-scale uses. Ground-mounted community scale solar energy systems must cover no more than ten acres (project boundaries), and are a permitted use in industrial and agricultural districts, and permitted with standards or conditional in all other non-residential districts. Ground-mounted solar developments covering more than ten acres shall be considered large-scale solar.

(3) Dimensional standards. All structures must comply with setback and height standards for the district in which the system is located.

(4) Other standards. Ground-mounted systems must comply with all required standards for structures in the district in which the system is located.

(C) (1) Large-scale solar. Ground-mounted solar energy arrays that are the principal use on the lot are permitted under the following standards:

(2) Conditional use permit. Large- and community-scale solar projects are conditional uses in agricultural districts, industrial districts, shoreland and floodplain overlay districts, airport safety zones subject to division (A)(5) of this section, and in the landfill/brownfield overlay district for sites that have completed remediation.

(Ord. 23-2022, passed 12-19-22)

§ 155.115 RENEWABLE ENERGY CONDITION FOR CERTAIN PERMITS.

(A) Condition for Planned Unit Development (PUD) approval. The city may require on-site renewable energy systems, zero-net-energy (ZNE) or zero-net-carbon (ZNC) building designs, solar-synchronized electric vehicle charging or other clean energy systems as a condition for approval of a PUD permit to mitigate for:

(1) Impacts on the performance of the electric distribution system;

(2) Increased local emissions of greenhouse gases associated with the proposal;

(3) Need for electric vehicle charging infrastructure to offset transportation-related emissions for trips generated by the new development; and

(4) Other impacts of the proposed development that are inconsistent with the city's Comprehensive Plan.

(B) Condition for conditional use permit. The city may require on-site renewable energy systems or zero net energy construction as a condition for a rezoning or a conditional use permit.

(Ord. 23-2022, passed 12-19-22)

§ 155.116 SOLAR ROOF INCENTIVES.

The city encourages incorporating on-site renewable energy system or zero net energy construction for new construction and redevelopment. The city may require on-site renewable energy or zero-net-energy construction when issuing a conditional use permit where the project has access to local energy resources, in order to ensure consistency with the city's plan to reduce greenhouse gas emissions.

(A) Density bonus. Any application for subdivision of land in the districts that will allow the development of at least four new lots of record shall be allowed to increase the maximum number of lots by 10% or one lot, whichever is greater, provided all building and wastewater setbacks can be met with the increased density, if the applicant enters into a development agreement guaranteeing at least three kilowatts of PV for each new residence that has a solar resource.

(B) Solar-ready buildings. The city encourages builders to use a solar-ready design in buildings. Buildings that submit a completed U.S. EPA Renewable Energy Ready Home Solar Photovoltaic Checklist (or other approved solar- ready standard) and associated documentation will be certified as a city solar ready home, and be eligible for low-cost financing through the city's Economic Development Authority. The designation will be included in the home's permit history.

(C) Solar access variance. When a developer requests a variance from the city's subdivision solar access standards, the zoning administrator may grant an administrative exception from the solar access standards provided the applicant meets the conditions of divisions (C)(1) and (2) below:

(1) Solar access lots identified. At least 20% of the lots, or a minimum number of lots to be determined by the city.

(2) Covenant assigned. Solar access lots are assigned a covenant that homes built upon these lots must include a solar energy system. Photovoltaic systems must be at least three KW in capacity.

(3) Additional fees waived. The city may waive any additional fees for filing of the covenant.

(Ord. 23-2022, passed 12-19-22)

§ 155.998 REMEDY.

In case any structure or land is, or is proposed to be, erected, constructed, reconstructed, altered, converted, maintained, or used in violation of this chapter, the City Attorney, in addition to other remedies, may institute in the name of the city any appropriate action or proceeding to prevent, restrain, correct, or abate the building, structure, or land, or to prevent, in or about the premises, any act, conduct, business, or use constituting a violation.

(Ord. 28-1984, passed 8-14-84)

§ 155.999 PENALTY.

(A) Any person, partnership, or corporation who or which shall violate any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not more than $300. Each day that a violation is continued shall constitute a separate offense.

(Ord. 28-1984, passed 8-14-84)

(B) Any person violating any provision of § 155.041 shall be, upon conviction or a plea of guilty, subject to a fine not to exceed $500.

(Ord. 20-1993, passed 7-13-93; Am. Ord. 6-2001, passed 4-10-01)