A building-mounted solar energy system shall be subject to the following regulations:

(a)

Placement.

(1)

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

(2)

Panels and building mounts shall be installed per manufacturer's specifications.

(3)

In residential zoning districts, a solar energy system for aesthetic reasons shall not be located on the front slope of a pitched roof of a principal residential structure unless no other location for the solar energy equipment is feasible. The county may require sun and shadow diagrams specific to the installation to ensure compliance with this provision.

(b)

Height. Building-mounted solar panels or systems shall not exceed four feet above the height of any principal building on the site.

(c)

Permits and code compliance. A building permit shall be required for installation of all building-mounted solar energy systems, except for flush-mounted panels.

(Ord. of 12-19-2017(1), § 2)

In zoning districts where permitted, a "solar energy system, ground-mounted," as defined in section 46-1, shall be subject to the following regulations:

(a)

Placement.

(1)

A ground-mounted solar energy system shall not be located within the required front yard of a lot.

(2)

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.

(3)

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.

(4)

Panels and ground mounts shall be installed per manufacturer's specifications.

(b)

Maximum area coverage. For residential properties, a ground-mounted solar energy system shall not exceed 25 percent of the footprint of the principal building served. For non-residential properties, a solar energy system shall not exceed 50 percent of the footprint of the principal building served.

(c)

Height. The maximum height of a ground-mounted solar energy system shall not exceed the maximum building height for accessory buildings in the zoning district in which it is located, or 20 feet, whichever is less.

(d)

Permitting. A building permit is required for any ground-mounted solar energy system and for the installation of any thermal solar energy system. All federal, state, and utility company permits must be approved before a Heard County building permit is issued.

(Ord. of 12-19-2017(1), § 2)

In districts where permitted (see table 46-101), a "solar energy facility" or "solar farm," as defined in section 46-1, shall be subject to the following regulations:

(a)

Mounting.

(1)

Solar panels or solar arrays shall be mounted onto a pole, rack or suitable foundation, in accordance with manufacturer specifications, in order to ensure the safe operation and stability of the system. The mounting structure (fixed or tracking capable) shall be comprised of materials approved by the manufacturer, which are able to fully support the system components, in accordance with applicable building permit requirements. Electrical components of the facility shall meet applicable electrical code requirements, and all electrical wires and lines less than 100kV that are used in conjunction with the solar energy facility shall be installed underground.

(2)

Multiple mounting structures shall be spaced apart at the distance recommended by the manufacturer to ensure safety and maximum efficiency.

(b)

Setbacks. A solar energy facility and its appurtenant components and structures shall be set back a minimum of 50 feet from all property lines and 100 feet from any residence.

(c)

Placement.

(1)

When located in agricultural zoning districts, the solar energy facility shall be located as much as possible to minimize impacts on prime agricultural soils.

(2)

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. A site plan and elevation certificate showing the location of all solar panels, electrical wiring, automatic transfer switches, inverters, etc., in relation to the scaled 100-year flood zone shall accompany all applications for approval of site plans and building permits.

(3)

Components of the facility shall not be located over a septic system, leach field area, or identified reserve area unless approved by the health department. The components of the facility shall not be located in recharge areas, utility or road rights-of-way, or dedicated easements.

(d)

Screening. The facility shall be fully screened from adjoining properties and adjacent roads using the natural topography or by installation of an evergreen buffer capable of reaching a height of six feet within three years of planting, with at least 75 percent opacity at the time of planting.

(e)

Height.

(1)

Freestanding solar panels or solar arrays shall not exceed 25 feet in height as measured from the grade at the base of the structure to the highest point.

(2)

Mounted solar panels or solar arrays shall not exceed eight feet above the apex of the structure on which it is mounted or the maximum height for buildings in the zoning district in which it is located. All solar equipment shall be anchored to withstand wind shear.

(f)

Security.

(1)

Unless 24-hour security guards or video surveillance is provided at the installation, the solar energy facility shall be enclosed by a security fence no less than six feet nor greater than eight feet in height.

(2)

Access gates and equipment cabinets must be locked when not in use.

(g)

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

(h)

Glare and lighting.

(1)

The solar energy system components shall be designed 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 adjacent or nearby roads.

(2)

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.

(i)

Maintenance and upkeep. 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.

(j)

Site plan review and development permit. A site plan reviewed and approved by the Heard County zoning department shall be required prior to issuance of a development permit. In addition to requirements for site plans generally, the site plan submission shall include the following information: The proposed location and dimensions of all solar panels, inverters, existing and proposed structures, screening, fencing, property lines, parking, access driveways and turnout locations, ancillary equipment, transmission lines, vegetation, the location of any residences on site and within 100 feet of the perimeter of the facility, the location of any proposed solar access easements, and standard drawings of solar energy system components.

(k)

Additional submission requirements. In addition to requirements for information to be provided during the site plan review and development permitting process, the facility shall not be approved for operation until the following are submitted:

(1)

Copy of all lease agreements and solar access easements.

(2)

Where interconnection to an electric utility grid is proposed, the applicant shall submit evidence that the electrical utility provider has been informed of the customer's intent to install an interconnected with the local electric utility grid. A copy of the approval from the local utility must also be provided before operation of an interconnected facility will be authorized. In the event of a power failure the owner must have an approved emergency response plan to protect utility workers working on downed power transmission lines and to disconnect the transmission of electricity to the power grid of any and all electric power operations and plants.

(3)

A decommissioning plan for the anticipated service life of the facility or in the event that the facility is abandoned or has reached its life expectancy.

(4)

The county may require other studies, reports, certifications, and/or approvals be submitted by the applicant to ensure compliance with this section.

(l)

Removal of obsolete or unused systems. All obsolete or unused systems shall be removed. Any structure or equipment associated with the solar farm that is not operated for a continuous period of one year shall be considered an obsolete or unused system and decommissioned per the approved decommission plan.

(Ord. of 12-19-2017(1), § 2; Ord. of 7-16-2024)