Accessory use. A subordinate building or use which is customarily incidental to the principal building or use of a lot, and which is located on the same lot as a principal building or use.

Distributed generation. For purposes of this ordinance a solar energy system includes building mounted and ground mounted solar energy systems.

Distributed generation facility/facilities (as defined under state law pursuant to O.C.G.A. § 46-3-52). A facility owned and operated by a customer of the electric service provider for the production of electrical energy that:

(1)

Uses a solar photovoltaic system, fuel cell, or wind turbine;

(2)

Has a peak generating capacity of not more than ten kW for residential applications and 125 percent of actual measured or estimated peak demand for commercial applications;

(3)

Is located on the customer's premises;

(4)

Operates in parallel with the electric service provider's distribution facilities;

(5)

Connected to the electric service provider's distribution system on either side of the electric service provider's meter; and

(6)

Is intended primarily to offset part or all of the customer generator's requirements for electricity.

Interconnected distributed generation system. A distributed generation system designed to serve the electricity needs of the building to which it is connected, thus offsetting a home's or business's electricity usage. Any excess electricity generated is sent to the electric utility grid and credited via a customer's agreement with the city.

Large distributed generation system. Produces electricity using solar photovoltaic, hydro, geothermal, fuel cell or other technology to produce electricity for the premise to which it is attached. Large DG systems shall have a nameplate capacity of more than 100 kW.

Non-Interconnected distributed generation system. A distributed generation system designed to operate independently from the local utility grid and provide electricity to a home, building, boat, RV (or remote agricultural pumps, gates, traffic signs, lights, etc.). These systems typically require a battery bank to store the electricity for use during nighttime or cloudy weather.

Photovoltaic cell. A semiconductor device that converts solar energy directly into electricity.

Photovoltaic (PV) system. A solar energy system that produces electricity by the use of photovoltaic cells that generate electricity whenever tight strikes them. Included in a PV system are the solar energy mechanisms (e.g., panels or other assemblies of solar electric cells), inverters (devices that convert direct current electricity produced by the system to usable alternating current), batteries and battery systems that store electrical energy from the PV system for future use, meters and electric distribution wires and conduits that facilitate connections with the user and/or the local power grid.

Small distributed generation system. Produces electricity using solar photovoltaic, hydro, geothermal, fuel cell or other technology to produce electricity for the premise to which it is attached. Small DG systems shall have a nameplate capacity of 100 kW or less.

Solar access easement. A recorded easement, the purpose of which is to secure the right to receive sunlight across real property of another for continued access to sunlight necessary to operate a solar energy system.

Solar array. A number of solar collector modules or panels that generate solar electricity, assembled or connected together to provide a single electrical output.

Solar collector. A professionally manufactured device, structure or part of a device or structure for which the primary purpose is to transform solar radiant energy into thermal, mechanical or electrical energy.

Solar collector surface. any part of a solar collector that absorbs solar energy for use in the collector's energy transformation process. Collector surface does not include frames, supports and mounting hardware.

Solar energy system, building mounted. A solar energy system that is professionally mounted on the roof of a principal building or accessory structure. A building mounted solar energy system may be building integrated, flush mounted or non-flush mounted.

(1)

Building integrated. A building mounted 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 part of the building. Building integrated systems include, but are not limited to, photovoltaic or hot water systems that are contained within roofing materials, skylights, shading devices and similar architectural components.

(2)

Flush mounted. A building mounted solar energy system that is mounted to a finished roof surface where the solar collector, once installed, projects no further than six inches in height beyond the roof surface.

(3)

Non-flush mounted. A building mounted solar energy system that is mounted to a finished roof surface where the solar collector, once installed, projects more than six inches in height beyond the roof surface.

Solar energy system, ground mounted. A free-standing solar energy system that is placed on or mounted to the ground.

Solar energy system, large. A type of professionally manufactured distributed generation system accessory to the principal use that utilizes solar collectors to convert solar energy from the sun into thermal, mechanical or electrical energy for storage and use, and is intended primarily to reduce on-site consumption of utility power. A large system is defined as having a nameplate capacity of more than 100 kW. Energy produced in excess of on-site consumption may be sold back to the electric utility service provider that serves the proposed site for use within the existing energy grid in accordance with chapter 59, Utilities, article V, Electric service, section 59-113.

Solar energy system, self-contained. A self-contained solar energy system is not interconnected to the city's electric distribution system and shall have a solar collector surface area less than or equal to six square feet. Such systems are typically used to power area lighting, small roadway signs, etc.

Solar energy system, small. A type of professionally manufactured distributed generation system accessory to the principal use that utilizes solar collectors to convert solar energy from the sun into thermal, mechanical or electrical energy for storage and use, and is intended primarily to reduce on-site consumption of utility power. A small system is defined as having a nameplate capacity of 100 kW or less. Energy produced in excess of on-site consumption may be sold back to the electric utility service provider that serves the proposed site for use within the existing energy grid in accordance with chapter 59, Utilities, article V, Electric service, section 59-113, Distributed generation. For purposes of this article a solar energy system includes building mounted and ground mounted solar energy systems.

Solar panel (or module). A device or structure containing one or more receptive cells, the purpose of which is to convert sunlight into useable solar energy (including electricity or heat).

(Ord. of 5-22-2017(1), § 1(Exh. A)

(a)

Purpose. The purpose of this section is to establish reasonable and uniform regulations for the location, installation, operation and maintenance of solar energy systems, to assure that the development and production of solar energy systems is safe and to minimize any potentially adverse effects on the community; to promote the supply of sustainable and renewable energy sources, in support of national, state and local goals; and to facilitate energy cost savings and economic opportunities for individuals and businesses situated within the City of Fairburn.

(b)

Solar energy system general regulations. Building mounted, building integrated, flush mounted and ground mounted solar energy systems may be erected or installed on properties used or zoned for residential or non-residential purposes, and in accordance with this article and electric service ordinances, all state and federal laws and regulations as amended from time to time, concerning its use and operation and shall be further subjected to the following standards:

(1)

Shall only be permitted if accessory to a principal building/use.

(2)

Shall be installed according to manufacturer specifications and in accordance with all applicable city ordinances.

(3)

No solar energy system shall be mounted or affixed to any freestanding wall or fence.

(4)

Electric solar energy system components must have a UL listing.

(5)

An external disconnect switch, readily accessible by city emergency personnel, and which is clearly identifiable and unobstructed, shall be provided to disconnect power at the solar panel.

(6)

Labels indicating the use of solar panels shall be posted at an easily viewable location. The label shall clearly state the name, address and phone number of the person or persons authorized to deactivate the solar system in the event of an emergency. In addition, the label shall contain the words "WARNING: PHOTOVOLTAIC POWER SOURCE". Labels shall be placed adjacent to the main service disconnect switch in a location clearly visible from the location where the disconnect switch is operated.

(7)

Utility notification. No interconnected distributed generation system, including photovoltaic systems, shall be installed until evidence has been given to the planning and zoning department that the owner has submitted the required contracts and agreements to the city pursuant to chapter 59, utilities, article V, Electric service, section 59-113, Distributed generation. Non-interconnected distributed generation systems are exempt from this requirement.

(8)

The fire department shall review and comment on the installation of solar collectors that are building mounted to verify that adequate roof access is provided to emergency personnel in the case of an emergency.

(9)

Glare and lighting.

a.

The solar energy components shall be designed and installed with an antireflective coating or at least shall not produce glare that would constitute a nuisance to occupants of neighboring properties, aircraft, or persons traveling on adjacent or nearby roads.

b.

If lighting is required, it shall be activated by motion sensors, fully shielded and downcast type where the light does not spill onto any adjacent property or into the night sky.

(10)

Noise. Inverter noise shall not exceed 40 dBA, measured at the property line.

(11)

Maintenance, upkeep and decommissioning:

a.

Systems shall be maintained in accordance with manufacturer's specifications. The operator of the facility shall maintain the facility, including all buffer screening, in compliance with the approved plans and shall keep the facility free from weeds, dust, trash and debris.

b.

Systems shall be considered obsolete or unused when they have not been operated for 12 consecutive months. All obsolete or unused systems shall be repaired or removed at the owner's expense. If the owner fails to remove or repair the defective or abandoned solar energy system, the City of Fairburn may pursue a legal action to have the system removed at the owner's expense, including but not limited to the issuance of a citation for violation of this section, whereby the owner will be required to appear before the municipal court of the City of Fairburn.

(12)

This section shall not apply to a non-interconnected distributed generation systems/self-contained solar energy systems; however, non-interconnected distributed generation system/self-contained solar energy system(s) shall comply with the following restrictions:

a.

On property used or zoned for residential or non-residential purposes, non-interconnected distributed generation systems/self-contained solar energy systems that are ground mounted are limited to an aggregate solar collector surface area less than or equal to six square feet.

b.

On property used or zoned for residential purposes, non-interconnected distributed generation system/self-contained solar energy systems that are building mounted are limited to an aggregate solar collector surface area less than or equal to six square feet.

(13)

Any additional information and data reasonably necessary to evaluate the conformity of the solar energy system with this article pursuant to the request of the zoning administrator.

(c)

Building mounted solar energy system requirements. Building mounted solar energy systems may be allowed on property that meets all requirements as defined in the section below and elsewhere in this article.

(1)

Type permitted and roof area maximum.

a.

On property used or zoned for residential purposes:

1.

Building integrated and/or flush mounted small solar energy systems are permitted to be installed on any roof area.

2.

Non-flush mounted small solar energy systems are not permitted on a building with a flat roof.

3.

Non-flush mounted small solar energy systems shall only be permitted on the back roof or side roof and shall not exceed the highest point of the roof line or pitch so it remains completely screened from view to an observer on the street.

4.

A non-flush mounted small solar energy system is prohibited on any roof that is adjacent to the front yard and/or corner side yard.

5.

The solar collector surface area shall not cover more than 80 percent of any roof area upon which the collectors are mounted, and shall be set back from the roof edge by a minimum of one foot.

b.

On property used or zoned for non-residential purposes:

1.

Building integrated and/or flush mounted small or large solar energy systems are permitted to be installed on any roof area.

2.

Non-flush mounted small or large solar energy systems are permitted on a building with a flat roof if the solar collector is completely screened from view to an observer five feet above the ground at any point along an abutting property line.

3.

Non-flush mounted small or large solar energy systems are permitted on a building with a pitched roof but shall only be permitted on the back roof or side roof and shall not exceed the height of the highest point of the roof line or pitch so it is completely screened from view to an observer five feet above the ground at any point along the street view.

4.

Non-flush mounted small or large solar energy system is prohibited on any pitched roof that is adjacent to the front yard and/or corner side yard.

5.

The solar collector surface area shall not cover more than 80 percent of any roof area upon which the collectors are mounted, and shall be set back from the roof edge by a minimum of one foot.

(2)

Maximum permitted height and building projection/extension.

a.

On property used or zoned for residential purposes:

1.

Non flush-mounted small solar energy systems shall not extend above the highest point of the roof line.

2.

Shall not project/extend beyond the exterior wall of any building on which the system is mounted or built.

b.

On property used or zoned for non-residential purposes:

1.

Non flush-mounted small or large solar energy systems shall not extend above the highest point of the roof line or a parapet wall.

2.

Building integrated and/or flush mounted small or large solar energy systems shall not extend two feet above the roof and shall not extend beyond the highest point of the roof.

3.

Shall not project/extend beyond the exterior wall of any building on which the system is mounted or built.

(d)

Ground mounted solar energy system requirements. Ground mounted small solar energy systems may be allowed on property used or zoned for residential purposes and ground mounted small or large solar energy systems may be allowed on property used or zoned for non-residential purposes. A ground mounted solar energy system shall meet the requirements as defined in the section below and elsewhere in this article:

(1)

Site plan review. Small or large ground mounted solar energy systems proposed within residential zoning or nonresidential zoning districts shall undergo site plan review prior to construction, installation or modification. The following must be shown on the site plan:

a.

Property lines and physical features, including roads, for the project site;

b.

Proposed changes to the landscape of the site, grading plan, vegetation clearing and planting plan, exterior lighting, screening vegetation or structures;

c.

Blueprints or drawings of the solar energy system showing the proposed layout of the system, any potential shading from nearby structures, the distance between the proposed solar collector and all property lines and existing on-site buildings and structures, and the tallest finished height of the solar collector;

d.

Documentation of the major system components to be used, including the panels, mounting system, and inverter;

e.

Name, address, and contact information for proposed system installer;

f.

Name, address, phone number and signature of the project proponent, as well as all co-proponents or property owners, if any;

g.

The name, contact information and signature of any agents representing the project proponent; and

h.

Zoning district designation for the parcel(s) of land comprising the project site. Erosion and sedimentation plan, if applicable.

(2)

Maximum height. On property zoned for residential or non-residential purposes:

a.

Shall not exceed 25 percent of the footprint of the principal building served for residential properties, nor more than 50 percent of the footprint of the principal building served for non-residential properties.

b.

Shall not exceed ten feet in height for non-residential property and five feet in height for residential property, unless the solar collector is attached to a legal and conforming parking lot light pole or other monopole structure that is necessary to the lot.

c.

When a solar collector is attached to a legal and conforming parking lot light pole or other permitted monopole structure that is an accessory to the lot, the solar collector shall not extend more than five feet above the height of the parking lot light pole or other monopole structure.

(3)

Location requirements. On property used or zoned for residential or non-residential purposes:

a.

Shall be set back a distance not less than or equal to one times the system height or five feet, whichever is greater, measured from the edge of the system to the nearest property line. However, a solar collector attached to a legal and conforming parking lot light pole or other permitted monopole structure that is accessory to the lot may have a setback less than five feet.

b.

On property that is zoned for residential purposes, no part of a ground mounted system shall be located in the front yard or corner side yard.

c.

A solar collector may only be attached to a legal and conforming parking lot light pole or other permitted monopole structure if all other ordinance requirements are met.

d.

No part of a ground mounted system shall be located or protrude into a dedicated easement.

e.

A ground-mounted system shall not be located over a septic system, leach field area or identified reserve area unless approved by the health department.

f.

If located in a floodplain or an area of known localized flooding, all panels, electrical wiring, automatic transfer switches, inverters, etc. shall be located above the base flood elevation.

g.

All transmission wiring installed between the solar system and the premise being served shall be installed underground.

h.

It is the property owner's responsibility to obtain any solar access easements he/she deems necessary to secure the right to receive sunlight across real property of another for continued access to sunlight necessary to operate a solar energy system.

i.

A landscape buffer shall be provided around all ground mounted solar energy systems including but not limited to its mechanical equipment and solar panels to provide screening from adjacent properties and shall consist of a variety of native, drought-resistant evergreen plants. Such screening shall be a height at the time of planting equal to the maximum height of any part of the ground mounted solar energy systems. The landscape buffer shall remain undisturbed except as required to implement landscape enhancements. Buffers shall be well maintained. Buffer requirements may be expanded where circumstances of topography or other factors render normal buffers ineffective. All buffers shall be subject to the approval of the zoning administrator.

(e)

Variance. The planning and zoning commission shall be allowed to grant variances where a hardship has been demonstrated pursuant to section 80-251 of this Code.

(Ord. of 5-22-2017(1), § 1(Exh. A)