Gas City City Zoning Code
COMMERCIAL SOLAR
ENERGY SYSTEMS
§ 151.120 DEFINITIONS.
For the purpose of this subchapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
COMMERCIAL SOLAR ENERGY SYSTEM OR CSE SYSTEM.
(1) A system that:
(a) Has a nameplate capacity of at least ten megawatts; and
(b) Captures and converts solar energy into electricity:
1. For the purpose of selling the electricity at wholesale; and
2. For use in locations other than where it is generated.
(2) Includes solar panels, collection and feeder lines, generation tie lines, substations, ancillary buildings, solar monitoring stations, and accessory equipment or structures.
DWELLING. Any building, structure, or part of a building or structure that is occupied as, or is designed or intended for occupancy as, a residence by one or more families or individuals.
NONPARTICIPATING PROPERTY.
(1) A lot or parcel of real property:
(a) That is not owned by a project owner; and
(b) With respect to which:
1. The project owner does not seek:
a. To install or locate one or more CSE systems or other facilities related to a CSE system project (including power lines, temporary or permanent access roads, or other temporary or permanent infrastructure); or
b. To otherwise enter into a lease or any other agreement with the owner of the property for use of all or part of the property in connection with a CSE system project; or
2. The owner of the property does not consent:
a. To having one or more CSE systems or other facilities related to a CSE system project (including power lines, temporary or permanent access roads, or other temporary or permanent infrastructure) installed or located; or
b. To otherwise enter into a lease or any other agreement with the project owner for use of all or part of the property in connection with a CSE system project.
(2) Does not include a lot or parcel of real property otherwise described if the owner of the lot or parcel consents to participate in a CSE system project through a neighbor agreement, a participation agreement, or another similar arrangement or agreement with a project owner.
(Ord. 6-2025, passed 4-1-2025)
§ 151.121 SETBACK REQUIREMENTS.
(A) Subject to division (E), a project owner may not install or locate a CSE system on property unless the distance, measured as a straight line, from the nearest outer edge of the CSE system's solar panels to:
(1) The nearest edge of the right-of-way for any:
(a) Federal interstate highway, federal highway, or state highway, is at least 40 feet;
(b) Collector road is at least 30 feet; or
(c) Local road is at least 30 feet; or
(2) The property line of any nonparticipating property is at least 50 feet.
(B) Subject to division (E), a project owner may not install or locate a CSE system on property unless the distance, measured as a straight line, from the nearest outer edge of the CSE system's solar panels to the nearest point on the outer wall of a dwelling located on a nonparticipating property is at least 300 feet.
(C) Subject to division (E), if a project owner installs a CSE system within a distance of 300 feet, measured as a straight line, from the nearest outer edge of the CSE system's solar panels to the nearest point on the outer wall of a dwelling located on a nonparticipating property, the project owner shall install a landscape buffer in the area between the nearest outer edge of the CSE system's solar panels and the nonparticipating property owner's property line that faces the CSE system's solar panels. The landscape buffer must be:
(1) In a location that is not on the property of the nonparticipating property owner; and
(2) Constructed from such materials as set forth in a plan submitted during the permitting and approval process for the CSE system.
(D) A project owner may not install or locate a CSE system on property unless the height of the CSE system solar panels are not more than 15 feet above ground level when the CSE system's arrays are at full tilt.
(E) The distance requirements set forth in division (A)(2) and division (B) and requirement for the installation of a landscape buffer set forth in division (C) may be waived with respect to the siting of any one CSE system, subject to the written consent of the owner of each affected nonparticipating property and the city.
(Ord. 6-2025, passed 4-1-2025)
§ 151.122 GROUND COVER.
(A) The project owner shall plant, establish, and maintain for the life of the CSE system perennial vegetated ground cover on the ground around and under solar panels, and in project site buffer areas. The use of pollinator seed mixes in the planting of ground cover required by this section is encouraged. The project owner shall prepare a vegetation plan that:
(1) Is compatible with each CSE system on the project site;
(2) Provides for the planting of noninvasive species and the use of native or naturalized species if the planting and use of noninvasive and native or naturalized species are:
(a) Appropriate to the region; and
(b) Economically feasible; in order to reduce stormwater runoff and erosion at the site and to provide habitat for wildlife and insects; and
(3) Provides for site preparation and maintenance practices designed to control invasive species and noxious weeds.
(Ord. 6-2025, passed 4-1-2025)
§ 151.123 FENCING.
The project owner shall completely enclose the CSE system with fencing that is at least six feet high.
(Ord. 6-2025, passed 4-1-2025)
§ 151.124 UNDERGROUND CABLES.
All cables of up to 34.5 kilovolts that are located between inverter locations and project substations shall be located and maintained underground, as feasible and approved by the city. Other solar infrastructure, such as module-to-module collection cables, transmission lines, substations, junction boxes, and other typical aboveground infrastructure may be located and maintained above ground. Buried cables shall be at a depth of at least 36 inches below grade or, if necessitated by on-site conditions, at a greater depth. Cables and lines located outside of the CSE system project site may:
(A) Be located above ground; or
(B) In the case of cables or lines of up to 34.5 kilovolts, be buried underground at:
(1) A depth of at least 48 inches below grade, so as to not interfere with drainage tile or ditch repairs; or
(2) Another depth, as necessitated by conditions, as determined in consultation with the landowner(s) and the city.
(Ord. 6-2025, passed 4-1-2025)
§ 151.125 GLARE MINIMIZATION.
A CSE system must be designed and constructed to:
(A) Minimize glare on adjacent properties and roadways; and
(B) Not interfere with vehicular traffic, including air traffic.
(Ord. 6-2025, passed 4-1-2025)
§ 151.126 SIGNAL INTERFERENCE.
A CSE system installed in a unit must be installed in a manner so as to minimize and mitigate impacts to:
(A) Television signals;
(B) Microwave signals;
(C) Agricultural global positioning systems;
(D) Military defense radar;
(E) Radio reception; or
(F) Weather and doppler radar.
(Ord. 6-2025, passed 4-1-2025)
§ 151.127 DAMAGE TO DRAINAGE INFRASTRUCTURE.
All damages to waterways, drainage ditches, field tiles, or other drainage related infrastructure caused by the construction, installation, or maintenance of a CSE system must be completely repaired by the project owner or remedied with the installation of new drainage infrastructure so as to not impede the natural flow of water. All repairs must be completed within a reasonable period of time and:
(A) To the satisfaction of the city; and
(B) As stated in an applicable lease or another agreement with the landowner, subject to applicable federal, state, and local drainage laws and regulations.
(Ord. 6-2025, passed 4-1-2025)
§ 151.128 DECOMMISSIONING PLAN.
(A) Subject to division (B), a project owner may not install or locate a CSE system unless the project owner submits a decommissioning and site restoration plan, and posts a surety bond, or an equivalent means of security acceptable to the city, including a parent company guarantee or an irrevocable letter of credit, but excluding cash, in an amount equal to the estimated cost of decommissioning the CSE system, as calculated by a third party licensed or registered engineer or by another person with suitable experience in the decommissioning of CSE systems. The required bond or other security shall be posted in an amount equal to 100% of the total estimated decommissioning costs not later than the start date of the CSE system's full commercial operation. For purposes of this section, the total estimated decommissioning costs shall be reevaluated by a third party licensed or registered engineer (or by another person with suitable experience in the decommissioning of CSE systems) at least once every five-year period after the start date of the CSE system's full commercial operation; and the total amount of the bond or security posted under this division shall be adjusted as necessary after each reevaluation.
(B) For purposes of this section, the estimated cost of decommissioning a CSE system, as calculated by a licensed or registered professional engineer (or by another person with suitable experience in the decommissioning of CSE systems), shall not include any estimated salvage value attributable to the CSE system at the time of decommissioning, unless the city and the project owner agree to include any such value in the estimated cost.
(C) A project owner shall provide written notice of the project owner's intent to decommission a CSE system not later than 60 days before the discontinuation of commercial operation by the CSE system. Except as provided in division (E), after the discontinuation of commercial operation by the CSE system, and as part of the decommissioning process:
(1) All structures, foundations, roads, gravel areas, and cables associated with the project shall be removed to a depth of at least 36 inches below grade; and
(2) The ground shall be restored to a condition reasonably similar to its condition before the start of construction activities in connection with the CSE system project.
(D) Except as provided in division (E), if the project owner fails to remove all CSE system project assets not later than one year after the proposed date of final decommissioning, as set forth in the notice to the city under division (C), the city may engage qualified contractors to:
(1) Enter the project site;
(2) Remove the CSE system project assets;
(3) Sell any assets removed; and
(4) Remediate the site and may initiate proceedings to recover any costs incurred.
(E) Project assets may remain in place after decommissioning is complete if:
(1) The location and condition of the assets conform with local regulations at the time of decommissioning; and
(2) The written consent of the landowner and the city is obtained.
(Ord. 6-2025, passed 4-1-2025)
§ 151.129 PRESUMED ABANDONMENT.
(A) If a CSE system installed does not generate electricity for 18 consecutive months:
(1) The CSE system is considered abandoned as of the date that is 540 days after the date on which the CSE system last generated electricity; and
(2) All CSE system project assets shall be removed in accordance with § 151.128(C) not later than one year after the date of abandonment specified in division (A)(1).
(B) In the case of abandonment, as described in division (A), if the project owner fails to remove the CSE system project assets not later than one year after the date of abandonment, as required by division (A)(2), the city may engage qualified contractors to:
(1) Enter the project site;
(2) Remove the CSE system project assets;
(3) Sell any assets removed; and
(4) Remediate the site and may initiate proceedings to recover any costs incurred.
(Ord. 6-2025, passed 4-1-2025)
§ 151.130 FORCE MAJEURE.
(A) A FORCE MAJEURE EVENT includes the following:
(1) Fire, flood, tornado, or other natural disasters or acts of God.
(2) War, civil strife, a terrorist attack, or other similar acts of violence.
(3) Other unforeseen events or events over which a project owner has no control.
(B) If a force majeure event results in a CSE system not generating electricity, the project owner shall:
(1) As soon as practicable after the occurrence of the force majeure event, provide notice to the city of the event and of the resulting cessation of generating operations; and
(2) Demonstrate to the city that the CSE system will be substantially operational and generating electricity not later than 12 months after the occurrence of the force majeure event.
(C) If the CSE system does not become substantially operational and resume generating electricity within the time set forth in division (B)(2):
(1) The CSE system is considered abandoned as of the date that is 365 days after the date on which the CSE system last generated electricity, unless the project owner demonstrates to the city that the project owner is using all commercially reasonable efforts to resume generation; and
(2) All CSE system project assets shall be removed in accordance with § 151.128(C) of this chapter not later than one year after the date of abandonment specified in division (C)(1).
(D) In the case of presumed abandonment, as described in division (C), if the project owner fails to remove the CSE system project assets not later than one year after the date of abandonment, as required by division (C)(2), the city may engage qualified contractors to:
(1) Enter the project site;
(2) Remove the CSE system project assets;
(3) Sell any assets removed; and
(4) Remediate the site and may initiate proceedings to recover any costs incurred.
(Ord. 6-2025, passed 4-1-2025)
§ 151.131 ROAD USE AGREEMENT.
The project owner shall enter into a road use agreement to the satisfaction of the city that identifies the following: The route desired to haul equipment and materials necessary to provide permanent access roads and complete the construction of a CSE system.
(Ord. 6-2025, passed 4-1-2025)
§ 151.999 PENALTY.
(A) Failure to maintain pool covers, fences, failure to have gates closed, or failure to remove or retract a ladder access to the pool shall constitute a violation of the zoning ordinance and is subject to the penalties provided therefor.
(B) Any person who violates any provision of this chapter shall be subject to a penalty of not less than $100, nor more than $3,000. Each day a violation continues shall constitute a separate offense.
(Prior Code, § 36-7-4-600-403)
(Ord. 712, passed 4-2-1957; Ord. 1964-9, passed 9-15-1964; Ord. 1965-4, passed 3-2-1965; Ord. 1966-2, passed 3-1-1966; Ord. 1967-7, passed 6-6-1967; Ord. 1968-5, passed 8-6-1968; Ord. passed 8-4-1970; Ord. 1977-12, passed 11-1-1977; Ord. 1978-18, passed 12-5-1978; Ord. 1980-8, passed 9-16-1980; Ord. 1980-11, passed 11-4-1980; Ord. 1982-1, passed 6-1-1982; Ord. 1985–5, passed 11-19-1985; Ord. 13 2020, passed 8-18-2020)