The city has identified a need to facilitate the siting, construction, installation, and decommissioning of solar energy systems (SESs) in a manner that encourages local economic development and protects the health, safety, and welfare of the citizens of the city, and at the same time mitigates any adverse impacts to the city or the community.

(Ord. No. 2020-23, § 1, 9-15-2020)

The footprint of a ground mounted SES is calculated by drawing a perimeter around the outermost SES panels and any equipment necessary for the functioning of the SES, such as transformers and inverters. The footprint does not include any visual buffer or perimeter fencing. Transmission lines (or portions thereof) required to connect the SES to a utility or consumer outside the SES perimeter shall not be included in calculating the footprint.

Ground mounted SESs shall be delineated by size as follows:

(1)

Small scale ground mounted solar energy system (small scale SES) means a ground mounted SES with a footprint of less than one acre.

(2)

Intermediate scale ground mounted solar energy system (intermediate scale SES) means a ground mounted SES with a footprint of between one and 15 acres.

(3)

Large scale ground mounted solar energy system (large scale SES) means a ground mounted SES with a footprint of more than 15 acres.

Ground mounted solar energy system means an SES that is structurally mounted to the ground and does not qualify as an integrated SES or rooftop SES. For purposes of this chapter, any solar canopy that does not qualify as an integrated SES shall be considered a ground mounted SES, regardless of where it is mounted.

Integrated solar energy system means an SES where solar materials are incorporated into building materials, such that the two are reasonably indistinguishable, or where solar materials are used in place of traditional building components, such that the SES is structurally an integral part of a house, building, or other structure. An integrated SES may be incorporated into, among other things, a building facade, skylight, shingles, canopy, light, or parking meter.

Rooftop solar energy system means an SES that is structurally mounted to the roof of a house, building, or other structure and does not qualify as an integrated SES.

Solar energy system (SES) means any device or structural design feature that provides for the collection of solar energy for electricity generation, consumption, or transmission, or for thermal applications.

For the purposes of this article, SES refers only to:

(1)

Photovoltaic SESs that convert solar energy directly into electricity through a semiconductor device; or

(2)

Solar thermal systems that use collectors to convert the sun's rays into useful forms of energy for water heating, space heating, or space cooling.

SES as used here excludes concentrated solar power, which uses mirrors to focus the energy from the sun to produce electricity.

(Ord. No. 2020-23, § 1, 9-15-2020)

Integrated SES, rooftop SES, and ground mounted SES are permitted as accessory uses in all districts, subject to the requirements of this article. No other SES are permitted anywhere in the city.

For I-1 or I-2 zoning districts, large scale solar energy systems are not required to be an accessory use.

(Ord. No. 2020-23, § 1, 9-15-2020)

(a)

This article applies to the siting, construction, installation, and decommissioning of any new SES to be constructed or installed after the effective date of the ordinance from which this article derived within the jurisdiction of the city.

(b)

Any SES that, prior to the effective date of the ordinance from which this article derived:

(1)

Is in operation;

(2)

Is being lawfully sited, constructed, or installed; or

(3)

Has caused the incurrence of substantial liabilities relating to siting, construction, or installation;

(c)

Shall be exempt from complying with this article, unless the surface area of an integrated SES or rooftop SES is increased by more than ten percent after the effective date of the ordinance from which this article derived.

(d)

Unless otherwise expressly stated herein, an SES shall comply with all applicable federal, state, and local laws, including the requirements of this chapter and applicable building, fire, electric, and plumbing codes. If a provision in this article directly conflicts with a requirement of this chapter, this article shall control.

(Ord. No. 2020-23, § 1, 9-15-2020)

(a)

Solar access. Consistent with O.C.G.A. § 44-9-20 et seq., a property owner may obtain a solar easement from another property owner for the purpose of ensuring the integrated SES adequate exposure to sunlight.

(b)

Tree removal. The removal of trees or natural vegetation for an integrated SES shall be avoided to the extent reasonably practicable and shall comply with the requirements of section 93-2-14.

(Ord. No. 2020-23, § 1, 9-15-2020)

(a)

Solar access. Consistent with O.C.G.A. § 44-9-20 et seq., a property owner may obtain a solar easement from another property owner for the purpose of ensuring the rooftop SES adequate exposure to sunlight.

(b)

Tree removal. The removal of trees or natural vegetation for a rooftop SES shall be avoided to the extent reasonably practicable and shall comply with the requirements of section 93-2-14.

(c)

Height. A rooftop SES shall be given an equivalent exemption, if any, to the applicable zoning district's height restrictions for roof-mounted mechanical devices or equipment, except a rooftop SES mounted on a sloped roof shall not vertically exceed the highest point of the roof to which it is attached.

(d)

Roof setback. A setback from all roof edges, as defined by most recent the International Fire Code adopted by the state at the time the rooftop solar energy system is installed, shall be provided for rooftop solar energy systems to ensure that firefighters may access the roof in a quick and safe manner and may penetrate the roof to create ventilation if necessary.

(e)

Visibility. Solar energy systems shall not be allowed on a street-facing sloped roof unless the building owner demonstrates that other locations will result in a decrease in expected energy production of at least 40 percent.

(f)

Slope. Street facing rooftop SES shall be flush with or parallel to the roofline on a sloped roof. Solar panels not visible from the right-of-way may be tilted up to 15 percent from the roofline on a sloped roof.

(g)

Equipment placement. Solar energy equipment shall be installed, when possible, inside walls and attic spaces to reduce their visual impact.

(h)

Decommissioning plan. A decommissioning plan will be required for all rooftop systems and subject to current state and local regulations.

(Ord. No. 2020-23, § 1, 9-15-2020)

The following requirements apply to all ground mounted SESs, in addition to the specific requirements in this article that apply to intermediate and large scale SESs respectively.

(1)

Residential zoning. Ground mounted SES shall not be visible from the public right-of-way for any properties zoned residential or where the primary use of the property is residential.

(2)

Solar access. Consistent with O.C.G.A. § 44-9-20 et seq., a property owner may obtain a solar easement from another property owner for the purpose of ensuring a ground mounted SES adequate exposure to sunlight.

(3)

Impervious surface. Ground mounted structures and components of the ground mounted SES, including transformers and foundations, shall be considered impervious and included when determining lot coverage. However, for purposes of compliance with this chapter's maximum lot coverage requirements found in section 93-22.1-1, the panels of a ground mounted SES shall be considered pervious if they maintain sheet flow and allow for water to infiltrate under and around them through a pervious surface and into the subsoil.

(4)

Lighting. To reduce light pollution, lighting of a ground mounted SES shall:

a.

Not be allowed in any residential district or where the primary use of a lot is residential;

b.

Be limited to the minimum reasonably necessary for its safe operation;

c.

Be directed downward where reasonably feasible;

d.

Incorporate full cut-off fixtures; and

e.

Reasonably utilize motion sensors.

(5)

Tree removal. The removal of trees or natural vegetation for a ground mounted SES shall be avoided to the extent reasonably practicable and shall comply with the requirements of section 93-2-14.

(6)

Decommissioning. Unless otherwise approved by the planning commission, decommissioning shall begin no later than 12 months after a ground mounted SES has ceased to generate electricity or thermal energy:

a.

For a ground mounted SES allowed without a permit, within six months of the beginning of decommissioning, the SES and all structures associated with it shall be removed, all materials shall be recycled or otherwise reused to the extent reasonably practicable, and the property shall be returned to its condition prior to the installation of the SES or to some other condition reasonably appropriate for the designated land use; and

b.

For a ground mounted SES allowed with a permit, the SES shall be decommissioned in accordance with the most recent decommissioning plan approved by the planning commission, and as further described in the special use permit provision of this article.

(Ord. No. 2020-23, § 1, 9-15-2020)

The following requirements apply to intermediate scale SESs, in addition to the general requirements in this article that apply to all ground mounted SESs.

(1)

Setbacks. An intermediate scale SES shall comply with the following setback requirements:

a.

The intermediate scale SES shall be located no closer than the lesser of:

1.

15 feet from any property line; or

2.

The required setback for the applicable zoning district, if any;

b.

The intermediate scale SES shall be located no closer than the lesser of:

1.

20 feet from any public right-of-way; or

2.

The required setback for the applicable zoning district, if any; and

c.

The intermediate scale SES shall be located no closer than 50 feet from any residential dwelling unit on an adjacent lot.

(2)

Visual buffers. An intermediate scale SES in a residential or mixed-use district shall have, to the extent reasonably practicable, a 15-foot visual buffer of natural vegetation, plantings, earth berms, and/or six to eight feet high fencing that provides a reasonable visual and lighting screen to reduce the view of the SES from residential dwelling units on adjacent lots (including those lots located across a public right-of-way). The existing natural tree growth and natural land forms along the SES perimeter may create a sufficient buffer and shall be preserved when reasonably practicable.

(3)

Signage. An intermediate scale SES:

a.

Shall display signs:

1.

Stating the risks that may result from contact with an intermediate scale SES;

2.

Identifying the owner or operator of the intermediate scale SES; and

3.

Providing a 24-hour emergency contact phone number.

b.

Shall comply with the requirements of article 3.3 of this chapter for displaying any advertisement; and

c.

May have signs that contain educational information about the intermediate scale SES.

d.

All systems must adhere to current local and state laws and regulations for decommissioning.

(Ord. No. 2020-23, § 1, 9-15-2020)

The following requirements apply to large scale SESs, in addition to the general requirements in this article that apply to all ground mounted SESs.

(1)

Setbacks. A large scale SES shall comply with the following setback requirements:

a.

The large scale SES shall be located no closer than the lesser of:

1.

15 feet from any property line; or

2.

The required setback for the applicable zoning district, if any;

b.

The large scale SES shall be located no closer than the lesser of:

1.

20 feet from any public right-of-way; or

2.

The required setback for the applicable zoning district, if any; and

c.

The large scale SES shall be located no closer than 100 feet from any residential dwelling unit on an adjacent lot.

(2)

Visual buffers. A large scale SES shall have, to the extent reasonably practicable, a 15-foot visual buffer of natural vegetation, plantings, earth berms, and/or six to eight feet high fencing that provides a reasonable visual and lighting screen to reduce the view of the SES from residential dwelling units on adjacent lots (including those lots located across a public right-of-way). The existing natural tree growth and natural land forms along the SES perimeter may create a sufficient buffer and shall be preserved when reasonably practicable.

(3)

Signage. A large scale SES:

a.

Shall display signs:

1.

Stating the risks that may result from contact with a large scale SES;

2.

Identifying the owner or operator of the large scale SES; and

3.

Providing a 24-hour emergency contact phone number;

b.

Shall comply with the requirements of article 3.3 of this chapter for displaying any advertisement; and

c.

May have signs that contain educational information about the large scale SES.

(Ord. No. 2020-23, § 1, 9-15-2020)

It shall be unlawful for any person to place, install, alter, relocate, or modify any SES without first obtaining a permit from the city planner in the manner set forth in this article and otherwise complying with the terms herein.

(Ord. No. 2020-23, § 1, 9-15-2020)

(a)

Submission. SES applications must be delivered to the department of community services. All permit applications must be stamped by planning and zoning department personnel indicating the submission date.

(b)

Requirements for all SES. The applicant shall submit the following information on a form provided by the department of community services:

(1)

The address of the property on which the SES will be located;

(2)

The applicant's name, address, telephone number, and email address;

(3)

The property owner's name, address, telephone number, and email address;

(4)

If known, the installation company's name, address, telephone number, email address, and license number;

(5)

Evidence of the applicant's control of the property, such as a deed, lease, or option agreement with the landowner; and

(6)

A site plan of the property that depicts the locations of all existing and proposed structures (including solar arrays, inverters, transformers, electrical substations, and buildings), property lines, rights-of-way, roads, required setbacks, and visual buffers.

(c)

Additional requirements for large scale SES. When applying for a permit for a large scale SES, the following additional information is required:

(1)

A topographic map that depicts vegetative cover, watersheds, or wetlands on the property;

(2)

A visual buffer plan that demonstrates that any visual buffer:

a.

Minimizes impacts of the SES on adjacent residential dwelling units, as required by this article;

b.

Preserves natural tree growth and natural land forms along the SES perimeter, as required by this article; and

c.

Adheres to any additional visual buffer requirements of this chapter that may further minimize impacts of the SES on the community character;

(3)

A list that identifies:

a.

Federal or state endangered, threatened, or candidate species that may be present on the property or within 1,000 feet of the property; and

b.

Critical habitat on the property or within 1,000 feet of the property.

(4)

A decommissioning plan that contains the following:

a.

The name, address, telephone number, and e-mail address of the person(s) or entity(ies) responsible for implementing the decommissioning plan;

b.

A statement of conditions that require the decommissioning plan to be implemented;

c.

As part of decommissioning, a removal plan that identifies all structures, components, and non-utility owned equipment that shall be removed;

d.

As part of decommissioning, a plan for recycling or otherwise reusing all materials to the extent reasonably practicable;

e.

As part of decommissioning, a restoration plan to return the property to its condition prior to the installation of the SES or to some other condition reasonably appropriate for the designated land use after the SES is removed; and

f.

A timeline to complete decommissioning.

(5)

An affidavit that provides, to the best of the applicant's knowledge:

a.

Construction and operation of the SES will comply with all applicable federal and state laws;

b.

Construction and operation of the SES will comply with all local laws, including the requirements of this chapter; and

c.

Commercial general liability insurance will be maintained throughout the siting, construction, installation, operation, and decommissioning of the SES.

(d)

Approval of the department of community services. The department of community services shall review all SES applications that require a permit for compliance with the building codes and indicate such compliance in a written report attached to the application. After completing any such report, the department of community services shall forward the application, including any other documents submitted by the applicant, and the report to the city planner.

(e)

Decision of the city planner.

(1)

Provided that the application is complete, all permit fees have been paid, and the proposed SES and the lot on which the SES is to be placed are in compliance with all requirements of this division and all other ordinances and laws of the city, the city planner shall render a determination and shall inform the applicant of his or her decision within 45 calendar days of the submission date. The city planner shall give notice to the applicant of his or her decision on such application by hand delivery or by mailing such notice, by certified mail, return receipt requested, to the address on the permit application on or before the 45th day.

Upon the expiration of the 45-day period without a decision being made on the application, the applicant shall be permitted to erect and maintain the SES under this statutory provision unless and until the city planner notifies the applicant of a denial of the application and states the reasons for the denial. No person erecting a SES under this provision shall acquire any vested rights to continued maintenance of such SES, and following a subsequent denial of a SES application by the city planner, the SES must be brought into compliance with this division.

(2)

The city planner shall reject any application that is incomplete or contains false material information or omissions within 45 calendar days of the submission date. Applications subsequently submitted in conformity with this section shall be deemed to have been submitted on the date of resubmission rather than the original submission date.

(3)

If the city planner determines that a previously issued SES was issued pursuant to an application that contained false material information or omissions, he or she shall promptly revoke such permit and the sign shall be immediately removed.

(f)

Appeal. An applicant who is dissatisfied by a decision of the city planner on the application for a SES permit has the right to appeal that decision. Any such appeal shall occur under the following procedures:

(1)

The applicant shall deliver a written notice of appeal to the city planner within 14 calendar days of his or her receipt of the notice of the decision. In the event that that no appeal is made within the 14-day period, the decision of the city planner shall become final. In the event that an appeal is filed, the city planner shall promptly transmit to the board of appeals all documents constituting the record upon which the decision appealed from was made.

(2)

The board of appeals shall:

a.

Hold a hearing on any timely filed appeal no more than 30 days after the notice of appeal was received; and

b.

Make its final determination of the appeal not more than 30 days after the date of such hearing.

The review by the board of appeals shall be limited to a determination of whether or not the decision of the city planner was clearly erroneous.

(3)

Any appeal of the decision of the board of appeals shall be taken to the county superior court by a petition for a writ of certiorari.

(Ord. No. 2020-23, § 1, 9-15-2020)

If work authorized under a permit has not been completed to the satisfaction of the code enforcement officer using common industry standards within six months after the date of issuance, the permit shall become null and void.

(Ord. No. 2020-23, § 1, 9-15-2020)

Each application for a SES permit must be accompanied by a payment for the permit fee. The fee for a SES permit shall be as established by the adoption of a resolution for permit fees by mayor and council. A copy of the fee schedule shall be available electronically on the city website or as hard copy in the department of community services.

(Ord. No. 2020-23, § 1, 9-15-2020)