(A)   Solar Permit Applications: It shall be unlawful to construct, alter, relocate or demolish any solar energy system without first applying for and obtaining both a building permit as set forth in Title 7, Chapter 1 of the Dixon City Code and a solar permit as more specifically provided in this chapter.

   (B)   Review Of Solar Permit Applications: Except as otherwise set forth in this Chapter, (i) solar permit applications with respect to solar energy systems that are a permitted accessory use or a permitted principal use shall be made to the City Building Department and reviewed for approval by the City Building Official; and (ii) solar permit applications with respect to solar energy systems that are a conditional accessory use or a conditional principal use shall be made to the City Building Department and reviewed pursuant to the procedures for approval of a special use pursuant to Chapter 13 of the Zoning Ordinance.

   (C)   Application Plans: Except as otherwise set forth in this Chapter, every solar permit application for the construction, alteration or relocation of a solar energy system shall be accompanied with a written plan and drawing for the proposed solar energy system. The written plan shall:

      1.   Identify the owner of the property upon which the proposed solar energy system will be located;

      2.   Identify the owner and operator of the proposed solar energy system, if not the same as the owner of the property upon which the proposed solar energy system will be located;

      3.   Indicate the zoning classification of the property and whether the solar energy system will be an accessory or principal use;

      4.   Include to-scale horizontal and vertical drawings showing all buildings and accessory structures located on the property, all adjoining roadways, the location of the solar energy system on the building or on the property, including all set-back and property lines, the elevation of the solar energy system, and the location and types of all screening;

      5.   For roof mount solar energy systems other than a flat roof, the elevation must show the highest finished slope of the solar collector and the slope of the finished roof surface on which it is mounted;

      6.   Indicate the total wattage anticipated to be generated by the solar energy system;

      7.   Indicate whether the applicant has obtained an interconnection agreement with the electric utility in whose service territory the solar energy system is located, whether the electricity generated will be distributed privately, or whether the electricity generated will be used on site; and

      8.   Identify the name of the installer of the solar energy system.

No solar permit shall be issued except after approval of the written plan and drawing and after payment of the fees as provided for herein.

   (D)   Decommissioning Plan: If the solar energy system is a principal use upon the property, a decommissioning plan shall be submitted with the solar permit application. The plan shall ensure that the owner or operator properly removes the equipment and/or facilities upon the abandonment or end of the project's term or after the solar energy system's useful life. A decommissioning plan shall include the following:

      1.   The anticipated means and costs of removing the solar energy system;

      2.   Provisions for the removal of all structures and foundations, including the removal of all electrical transmission components and the restoration of soil and vegetation;

      3.   The identity of the party or parties responsible for decommissioning; and

      4.   A plan ensuring financial resources will be available to fully decommission the site, which plan may include a requirement for the posting, prior to the issuance of a solar permit, of a bond, letter of credit, or establishment of an escrow account to ensure proper decommissioning.

   (E)   Application Fees: In addition to payment of all applicable building permit fees, every solar permit application shall be charged an application processing fee based on the total wattage anticipated to be generated by the solar energy system:

 

   (F)   Demolition Permit: Any person desiring to remove or demolish a solar energy system shall secure a building permit pursuant to Title 7, Chapter 1 of Dixon City Code.

   (G)   Fee Surcharge: Any person who constructs, alters, relocates or demolishes a solar energy system prior to the application, payment and issuance of a solar permit as required herein shall be charged three (3) times the application fee.

   (H)   Cancellation, Abandonment And Discontinuance: A solar permit will become null and void if construction work is not started within six (6) months of the date the solar permit is issued. Once started, if the work for which the solar permit was issued is, in the discretion of the City Building Official, abandoned or discontinued, the solar permit shall be terminated. (Ord. 3121, 1-7-2019)

   (A)   Permitted Accessory Use: The following solar energy systems shall be allowed as a permitted accessory use in all zoning districts within the City limits when used exclusively for non-commercial purposes:

      1.   A ground mount solar energy system;

      2.   Roof mount solar energy systems; and

      3.   Building integrated solar energy systems.

   (B)   Requirements: Solar energy systems under this section shall be subject to the following requirements:

      1.   No solar energy system that is an accessory use may be erected prior to the establishment or construction of the main building to which such system is accessory.

      2.   Height: The following height requirements shall be met:

         (a)   Building or roof mount solar energy systems shall not exceed the maximum allowed height in their respective zoning district.

         (b)   Ground mount solar energy systems shall not exceed ten (10) feet in height when oriented at maximum tilt.

      3.   Setback: All minimum setback requirements for the zoning district in which the solar energy system is in use must be satisfied, in addition to:

         (a)   Roof mount or building-integrated solar energy systems shall not extend beyond the exterior perimeter of the building on which the system is mounted or built.

         (b)   Ground mount solar energy systems shall not extend into the side yard or rear setback when oriented at minimum design tilt.

         (c)   No ground mount solar energy systems shall be allowed in the front yard of any property.

      4.   Visibility: Solar energy systems shall be designed to blend into the architecture of the building or be screened from routine view from public right-of-ways other than alleys. A solar energy system may be screened from routine view through use of fencing, shrubbery, trees, or such other landscaping or building as may be necessary to satisfy the visibility requirements herein. The color of the solar collector and solar mounting devices shall be consistent with other roofing materials. The visibility requirements as set forth herein are also subject to the following:

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

         (b)   Roof mount solar energy systems shall be allowed regardless of whether the system is visible from the public right-of-way, provided that the highest finished pitch is no steeper than the roof pitch on which the system is mounted, and shall be no higher than twelve (12) inches above the roof.

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

      5.   Glare: Solar energy systems shall be designed, constructed and sited to minimize or prevent glare and/or reflections on adjacent properties and roadways, and shall not materially and negatively impact the use thereon. A solar energy system shall not interfere with traffic, including air traffic, or otherwise create a safety hazard. In the event that reasonable glare and/or reflection concerns are raised within the City, the owner will take actions to address those concerns, including but not limited to additional screening or otherwise modifying the solar energy system.

      6.   Miscellaneous:

         (a)   Roof mount solar energy systems, excluding building-integrated systems, shall allow for adequate roof access for fire-fighting purposes to the roof upon which the systems are mounted.

         (b)   Roof mount solar energy systems shall not be constructed in any manner which creates an unreasonable risk of falling ice or snow, or which causes water to flow directly from any solar collector to ground level.

         (c)   Ground mount solar energy systems approved as an accessory use shall not be larger than the lesser of (i) half the building footprint of the main building on the property, or (ii) six hundred twenty five (625) square feet.

         (d)   No ground mount solar energy system shall be constructed in a manner which increases water drainage flow to any adjacent property. If it appears that there is a risk of increased water drainage flow, the city building official may require the installation and maintenance of appropriate groundcover or detention areas to mitigate any such risk. If the applicant provides a written report from a qualified professional engineer indicating that the proposed ground mount solar energy system will not increase water drainage flow to adjacent property, the requirement shall be deemed satisfied for purposes of issuance of the solar permit only.

         (e)   Solar energy systems on buildings within designated historic districts or on locally designated historic buildings (exclusive of State or Federal historic designation) must be consistent with the standards for solar energy systems on historically designated buildings published by the U.S. Department of Interior. Further, no solar energy system shall be located on such a building without the City Council's approval of the building permit application following the review and recommendation of the Historic Preservation Committee pursuant to Chapter 18 of the Zoning Ordinance.

         (f)   Solar energy systems must be certified by a third-party for safety, performance and quality through a UL (formerly Underwriters Laboratories) listing or approved equivalent and solar hot water systems must have an SRCC (Solar Rating and Certification Company) rating.

         (g)   Solar energy systems shall comply with all applicable local and state building, electric and plumbing codes.

   (C)   Conditional Accessory Use: Solar energy systems permitted under subsection (A) of this section that demonstrate that the requirements in subsection (B) cannot be met without materially diminishing the minimum reasonable performance of the solar energy system, as that term is defined herein, may request a special use permit from the City.

      1.   Minimum Reasonable Performance: The standards for the minimum reasonable performance of certain solar energy systems are as follows:

         (a)   Fixed-Mount Active Solar Energy Systems: They should be mounted to face within forty-five (45) degrees of south (one hundred eighty-five (185) degrees azimuth).

         (b)   Solar Electric (Photovoltaic) Systems: The solar collectors should have a pitch between twenty (20) and sixty-five (65) degrees.

         (c)   Solar Hot Water Systems: The solar collectors need to be mounted at a pitch between forty (40) and sixty (60) degrees.

         (d)   Location Of All Solar Energy Systems: The solar energy system should be located where the lot or building has a solar resource, as defined herein.

      2.   Special Use Permit: A special use permit shall be granted, regardless of whether the requirements in subsection (B) are not met, if the applicant demonstrates that the minimum reasonable performance of the solar energy system is materially diminished and that the following conditions are present:

         (a)   Safety Conditions: The solar energy system must meet all applicable local, state, and federal health and safety standards.

         (b)   Aesthetic Conditions: The solar energy system must be designed to blend into the architecture of the building or be screened from routine view from public right-of-ways other than alleys to the maximum extent possible, while still allowing the system to be mounted for efficient performance.

         (c)   Non-Tracking Ground Mount Systems: Pole or ground mount solar energy systems must be set back from the property line by a minimum of five feet (5’).

   (D)   Restrictions On Solar Energy Systems Limited: Nothing in this Chapter shall be deemed a limitation upon any homeowners' agreement, covenant, common interest community, or other contract between multiple property owners within the City that prohibit or restrict homeowners from installing solar energy systems. (Ord. 3121, 1-7-2019)

   (A)   Permitted Principal Use: The following solar energy systems shall be allowed as a permitted principal use within the City of Dixon:

      1.   Roof mount solar gardens.

   (B)   Conditional Principal Use: The following solar energy systems shall be allowed as a conditional principal use within the City and shall require a special use permit:

      1.   Ground mount solar gardens; and

      2.   Solar farms.

   (C)   Requirements: Solar energy systems under this section shall be subject to the following, in addition to all other height, set-back, visibility and other requirements as specified in section 6-19-3(B):

      1.   For Roof Mount Solar Gardens:

         (a)   Roof mount solar gardens are permitted on all properties within the City zoned for business or manufacturing.

         (b)   Must be less than one (1) acre in total size. Roof mount solar gardens covering one (1) acre or more in total size shall be considered solar farms.

         (c)   An interconnection agreement must be completed with the electric utility in whose service territory the solar energy system is located

         (d)   Power and communication lines running between banks of solar collectors and to nearby electric substations or interconnections with buildings shall be buried underground.

      2.   For Ground Mount Solar Gardens:

         (a)   Ground mount solar gardens are permitted on all properties within the City zoned for business or manufacturing.

         (b)   Ground mount solar gardens are permitted only after application for and approval of a special use permit, subject to such standards and conditions as provided for in section 6-19-3(C)2. and such other applicable standards set forth in Part C of Chapter 13 of the Zoning Ordinance.

         (c)   Must be less than one (1) acre in total size. Ground mount solar gardens covering one (1) acre or more in total size shall be considered solar farms.

         (d)   A qualified engineer shall certify that the foundation and design of the solar mounting devices are within accepted professional standards with respect to local soil and climate conditions.

         (e)   An interconnection agreement must be completed with the electric utility in whose service territory the system is located.

         (f)   Power and communication lines running between banks of solar collectors and to nearby electric substations or interconnections with buildings shall be buried underground.

      3.   Solar Farms:

         (a)   Solar farms are permitted only on properties within the City zoned for manufacturing.

         (b)   Solar farms are permitted only after application for and approval of a special use permit, subject to the same standards and conditions as provided for in section 6-19-3(C)2. and such other applicable standards set forth in Part C of Chapter 13 of the Zoning Ordinance.

         (c)   A qualified engineer shall certify that the foundation and design of the solar mounting devices are within accepted professional standards with respect to local soil and climate conditions.

         (d)   An interconnection agreement must be completed with the electric utility in whose service territory the system is located.

         (e)   Power and communication lines running between banks of solar collectors and to nearby electric substations or interconnections with buildings shall be buried underground.

         (f)   A solar farm shall comply in all respects with the City's stormwater management ordinances.

         (g)   Top soils shall not be removed during development, unless for remediation. Soils shall be planted and maintained with perennial vegetation to prevent erosion and manage water run-off.

         (h)   A sign shall be required identifying the owner and/or operator and provide a twenty four (24)-hour emergency contact phone number. The sign shall comply in all respects with the City's sign ordinances.

         (i)   Prior to the construction of any solar farm within the City that will necessitate the use of City roads, the owner or operator of such solar farm shall enter into a road use agreement or some similar contract with the City. The contract at a minimum shall include provisions relating to the construction, maintenance and decommissioning of the solar farm, with terms agreeable to the City, for the use and repair of City roads during such periods. The special use permit provided for herein may be conditioned upon the execution of a road use agreement with the City.

   (D)   Additional Setback, Screening And Lighting Requirements: Solar gardens and/or solar farms, as applicable, in addition to the requirements specified in section 6-19-3(B), shall be subject to the following additional standards:

      1.   Solar Farm Setback: Solar farm above-ground improvements must be set back a minimum of fifty feet (50’) from the front property line and thirty feet (30’) from all other property lines. However, for any such improvements including, but not limited to, fences or solar collectors that abut a state highway, the minimum set back distance shall be one-hundred-fifty feet (150’) from the centerline of the highway.

      2.   Additional Visual Screening: Ground mount mechanical equipment that is visible outside the perimeter of the property on which a solar farm is located must be screened from view of roads and dwelling units located within five hundred feet (500’) of the solar farm. The screening shall consist of:

         (a)   A landscaped area at least ten feet (10’) in width with at least one (1) shrub per five (5) linear feet, plus at least one (1) evergreen tree per twenty-five (25) linear feet of perimeter area. At the time of planting, shrubs shall be at least three feet (3’) in height and evergreen trees shall be at least five feet (5’) in height; or

         (b)   A landscaped area at least ten feet (10’) in width with a solid wall or privacy fence with a minimum height of eight feet (8’). At least one (1) evergreen tree is required per thirty feet (30’) of the fence or wall.

         (c)   In addition, for residences that are adjacent to the solar farm, a landscaped berm of at least five feet (5’) in height shall be installed. Such berm shall be landscaped with one (1) evergreen tree per twenty-five (25) linear feet along the adjacent property line.

      3.   Lighting: A solar garden or solar farm shall not be artificially illuminated, unless required by an applicable government agency or authority or approved by the City as part of a special use permit. If lighting is required or approved by the City, such lighting shall be limited to that required for safety and operational purposes and shall be reasonably shielded from abutting properties. Where feasible, lighting of the solar collectors shall be directed downward and shall incorporate full cut-off fixtures to reduce light pollution.

   (E)   Monitoring And Maintenance: The owner and/or operator of a solar garden or solar farm is responsible for keeping the solar garden or solar farm in a safe, sound and well-maintained condition, including, if applicable, painting, grounds keeping, structural repairs, internal access drives and appropriate security measures. The owner of the solar garden or solar farm will certify to the City at the start of commercial operations that it is in compliance with this Chapter and that its operation will comply with all federal, state and local regulations in effect at that time.

   (F)   Abandonment And Decommissioning: A solar garden or solar farm that does not produce energy for a continuous period of twelve (12) consecutive months or more and where the owner and/or operator is not pursuing the repair of such solar garden or solar farm will be presumed to be abandoned.

      1.   Any solar garden or solar farm that is considered abandoned shall be decommissioned within one-hundred-eighty (180) days after notice from the City.

      2.   Decommissioning, at a minimum, shall consist of:

         (a)   Physical removal of all solar photovoltaic installations, structures, equipment, security barriers, screening, and transmission lines from the site to a depth below grade of three (3) feet;

         (b)   Recycling or disposal of all solid and hazardous waste in accordance with local, state, and federal regulations;

         (c)   Stabilization or re-vegetation of the site, as necessary, to minimize erosion;

         (d)   Clean-up of any and all environmental contamination contributable to or arising out of the owner and/or operator's use of the solar garden or solar farm, necessary to return the property on which the solar garden or solar farm was constructed to the condition it was in prior to such use.

         (e)   All other requirements provided for in the solar garden or solar farm's decommissioning plan.

      3.   If decommissioning is not completed within the time period required under this subsection, the City may, but is not required to, cause the solar garden or solar farm to be deconstructed. Upon the occurrence of such event, the owner and/or operator of the solar garden or solar farm and the owner of the underlying property shall be jointly and severally liable to reimburse the City for all costs it may have incurred in connection with the decommissioning of the site. (Ord. 3121, 1-7-2019)