Hapeville City Zoning Code

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)