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Blaine County Unincorporated
City Zoning Code

CHAPTER 3B

UTILITIES FACILITIES; SOLAR

9-3B-1: PURPOSE AND INTENT:

It is Blaine County's intent to encourage the use of active solar systems for heating air and water and producing electricity in homes and businesses, as long as disruption to the site specific natural topography, riparian areas, wetlands, and hazard areas are mitigated or avoided and these areas are preserved. (Ord. 2010-11, 12-7-2010)

9-3B-2: DEFINITIONS:

CERTIFIED ENERGY AUDITOR: Residential energy auditor accredited by the Building Performance Institute (BPI) or the Residential Energy Services Network (RESNET).
ENERGY AUDIT: An evaluation of the energy efficiency of a residential structure by a certified energy auditor using professional testing including, but not limited to, a blower door and duct leakage test. The audit shall include at minimum the following: a) an assessment of the various characteristics of the building envelope including, but not limited to, the walls, ceilings, floors, doors, windows, and skylights b) lighting analysis c) appliance analysis d) prioritized list of energy improvements with estimated simple paybacks.
RESIDENTIAL SOLAR COLLECTOR SYSTEM: A net metered solar collector system, as defined in this chapter, that produces no more than twenty five (25) kW.
SOLAR COLLECTOR MOUNTS: Mounting arrangements that hold various devices for the absorption of solar radiation for the heating of water or buildings or the production of electricity.
Building Integrated Photovoltaics (BIPV) Mount: A solar collector system that is integrated into the structure of a building. Common BIPV applications include carports, awnings, and curtain walls.
Ground Mount: A solar collector system where an array is mounted onto the ground. The most common type of ground mount is a wedge structure constructed from steel supports anchored in concrete footings. The remainder of the structure is built from aluminum or galvanized steel.
Pole Mount: A solar collector system that consists of an array that is mounted on top of a single steel pole, which is ground mounted. This type of installation can be manually adjustable, so that the pitch of the array at different times of the year can be changed.
Roof Mount: A solar collector system with an array of solar panels located on the roof of a structure. In most cases this array will be attached directly to the structural members of the building.
SOLAR COLLECTOR SYSTEM: A system that is comprised of photovoltaic collectors designed to convert solar energy into electric energy or plate type collectors designed to use solar energy to heat air, water, or other fluids for use in hot water or space heating or other applications. A solar collector system's primary purpose shall be limited to supplying or offsetting energy needs of residences and businesses and shall not exceed the residential peak production capabilities as defined by Idaho Power. (Ord. 2010-11, 12-7-2010)

9-3B-3: ZONING REGULATIONS:

The placement, use or modification of a solar collector system shall be an allowed use in all zoning districts, provided the system meets zoning standards set out in subsections A through H of this section and section 9-3B-4 of this chapter. To lawfully install a solar collector system a solar permit shall be required. Repair, maintenance, replacement or upgrade of equipment to an existing solar collecting system installed prior to adoption of this chapter shall not be required to obtain a solar collector permit. The following shall be found to be true prior to issuance of a solar collector permit:
   A.   Photovoltaic solar collector panels are certified by the Solar Collector And Certification Corporation (SRCC);
   B.   Collector system panels and mounts are installed per manufacturer's specifications;
   C.   Solar panels mount systems located on roofs are installed to meet the international building code standards for wind loads. If panels do not contain wind load specification or circumstances require a modification to installation per the manufacturer's specifications an engineer shall review and certify that the modifications meet wind load standards as outlined in international building code and as amended Blaine County building code;
   D.   The building official has reviewed mounting plans to ensure the roof's structural integrity is maintained;
   E.   BIPV and roof collector mounted panels do not exceed five feet (5') from the top of a residential structure or forty feet (40') from natural grade;
   F.   Barn roof mounted systems meet the height standards outlined in the A-20 and A-40 zoning districts;
   G.   Ground and pole mounted solar collectors are firmly anchored and:
      1.   Do not exceed fifteen feet (15') above grade 1 ; or
      2.   Collector panels located on isolated slopes, not within the MOD, do not exceed twenty feet (20') above grade;
   H.   Solar collector system is located in a building envelope or solar collector system is located outside the building envelope and is not located within an overlay district, or has been found to comply with the standards set out in section 9-3B-4 of this chapter;
   I.   Collector systems located in the MOD have been categorically excluded or have received a site alteration permit. (Ord. 2010-11, 12-7-2010)

9-3B-4: OVERLAY DISTRICTS STANDARDS:

Solar permit applications located in an overlay district have the burden of demonstrating compliance with each of the standards of evaluation as set forth in this section.
   A.   Mountain Overlay District: Solar collector systems visible from a reference road shall be required to receive a site alteration permit per the standards, notice, and hearing requirements set out in chapter 21 of this title. The following standards, as outlined below, shall also be incorporated into site alteration review of solar collector systems which are visible from a reference road:
      1.   No location with solar potential equal to the proposed MOD location exists on the lot outside of the MOD for a solar system.
      2.   A reflection analysis from a qualified professional shall demonstrate the angle of the collector panels do not create line of sight reflection as viewed from a reference road.
      3.   Solar thermal collector panel glazing shall be tempered, low or no iron glass with transmittance greater than ninety percent (90%) or of an equivalent measure and outcome.
      4.   Solar thermal collector panel absorber coating shall have absorptivity greater than ninety five percent (95%) and emissivity less than ten percent (10%) or of an equivalent measure and outcome.
   B.   Scenic Highway Overlay District:
      1.   Collector systems located within one hundred feet (100') of Idaho State Highway 75 right of way, excluding lands within the jurisdiction of an incorporated city, are subject to the scenic highway overlay district (SHO) standards, notice, and hearing requirements as set out in chapter 21A of this title.
   C.   FEMA Mapped Floodplain And Floodway: The placement of the collector systems within the floodplain or riparian overlay district may be permitted if the collector system does not cause increased flood heights or velocities and the following are found to be true:
      1.   No location with solar potential equal to the proposed FEMA floodway or floodplain location exists on the lot outside of the mapped FEMA floodway or floodplain for a solar system.
      2.   Collector systems panels located in the designated floodplain are two feet (2') above base flood elevation.
      3.   Collector systems located in the designated floodplain are securely anchored and will stay in place during a 100-year flood event.
      4.   Placement of the collector system will result in no net loss or destruction of established native riparian vegetation located within the riparian setback.
   D.   Wetland And Riparian Overlay Districts: Placement of solar panels in a wetland may be permitted if the collector system does not impede wetlands function and the following are found to be true:
      1.   No location with solar potential equal to the proposed wetland or riparian location exists on the lot outside of wetlands or riparian setback for a solar system.
      2.   Placement of the collector system will result in no net loss or destruction of established native riparian vegetation.
      3.   No fill or excavation is required to install the collector system other than the minimum fill for pole or ground solar collector mounted systems' footings. (Ord. 2010-11, 12-7-2010)

9-3B-5: EXCEPTION TO LOT LINE SETBACK REQUIREMENTS FOR GROUND OR POLE MOUNTED SOLAR ENERGY COLLECTING SYSTEMS:

Exceptions to the minimum front, side and rear yard setbacks for single-family detached residences, duplexes, and manufactured homes may be allowed when the following is found to be true:
   A.   Pole and ground mounted systems shall be located at minimum 1.1 times the distance of vertical height of the solar collector system from property lines, residential structures and roads on subject property.
   B.   Landowners directly adjacent to the requested setback waiver are notified of the issuance of a solar permit within five (5) business days of its issuance. (Ord. 2010-11, 12-7-2010)

9-3B-6: ADMINISTRATIVE REVIEW APPLICATION:

The administrator shall review the solar permit application submittal for compliance to the submittal requirements set forth herein. Once it has been determined by the administrator that the submittal requirements have been satisfied, the administrator shall certify the application as complete and have twelve (12) business days to issue the administrative determination.
   A.   Application Process: Application for a solar collector permit shall be made on a form furnished by the administrator and shall be filed by the applicant(s). The application fee, established by a resolution of Blaine County, shall accompany each application. Additional fees resulting from the technical review by the county engineer or other qualified person as designated by the county are the responsibility of the applicant, and shall be paid prior to permit issuance. No application shall be certified as complete unless it includes the following minimum information in sufficient detail for the administrator to determine compliance with the standards of evaluation as set forth in this chapter. Based upon site specific circumstances, and upon appropriate findings, the administrator may require additional information in order to render a decision on an application. Further, the administrator may waive certain submittal requirements based upon site specific conditions and appropriate findings.
   B.   Application Requirements: The application for solar collector system shall include at a minimum the following items:
      1.   Name, address and telephone number of the applicant as well as any agents for the applicant.
      2.   Original signature for the applicant applying for the solar permit. If the applicant is represented by an agent, original signature authorizing the agent to represent the applicant is required.
      3.   A complete legal description of the subject property. A vicinity map shall be included.
      4.   Zoning designation of subject property including any overlay districts.
      5.   Standard drawings of the solar collector system, including design and dimensions of panels, base, mounting poles, footings, anchors that display the overall height from natural grade to tip of upmost panel and the square footage of the solar panels.
      6.   Projected amount of energy created or offset by solar collector system.
      7.   If applicable base flood elevations for project site.
      8.   If the system is located in an overlay zone or in a front, rear, or side yard setback an "energy audit", as defined in this chapter, conducted by a RESNET or BPI certified energy auditor.
      9.   Provide manufacturer's specification sheets on all components including, but not limited to, inverters and panels, which include the make, model, listing, size, weight, snow and wind loads if available.
      10.   A reflection analysis from a qualified professional when a collector system is located in the MOD and is visible from a reference road.
      11.   If applicable a jurisdictional wetlands determination from army corps of engineers.
   C.   Site Plan: The application for a solar collector system shall include at a minimum a plan drawn to scale of no less than one inch equals twenty feet (1"= 20'), specifying the following:
      1.   A scaled layout of the solar collector systems as proposed on the property or building. Site plans for ground or pole mounted systems should include building envelope, base flood elevations (if applicable), overlay district boundaries and the location and footprints of structures, adjacent roads, and property lines.
      2.   The location(s) of the panel installations, the main service location, and the locations of all equipment and disconnects (i.e., located on exterior face of west wall of house and clarify any interior locations of equipment). (Ord. 2010-11, 12-7-2010)