Kane County Unincorporated
City Zoning Code

The purpose of this chapter is to establish minimum requirements and regulations for the placement, construction and modification of solar power plants, as defined herein, while promoting the safe, effective and efficient use of such energy systems. (Ord. 2013-5, 8-12-2013, eff. 8-27-2013)

CONCENTRATING SOLAR THERMAL DEVICES: Systems that use lenses or mirrors and tracking systems to focus a large area of sunlight into a small beam. The concentrated light is then used as a heat source for a conventional power plant. Although, wide ranges of concentrating technologies exist, the most developed are the solar trough, parabolic dish and solar power tower.

PHOTOVOLTAICS OR PV: A technology that converts light directly into electricity.

SOLAR POWER PLANT: A utility scale commercial facility that uses solar energy, specifically for the conversion of sunlight into electricity by photovoltaic, concentrating solar thermal devices or various experimental technologies, for the primary purpose of wholesale or retail sales of generated electricity. (Ord. 2013-5, 8-12-2013, eff. 8-27-2013)

   A.   Setbacks:

      1.   Property Lines: Any facility of a solar power plant shall be set back from the nearest property line, public road right of way and tanks containing combustible/flammable liquids not less than 1.5 times the total height of its tallest structure;

      2.   Inhabitable Or Public Structures/Other Uses: No solar power plant shall be located within two thousand six hundred forty feet (2,640') equivalent to one-half (1/2) mile from the nearest inhabitable structure (residence, platted subdivision, or public building or gathering place), park, church, hospital, library, school, playground, etc.

   B.   Safety/Access:

      1.   An appropriate security fence (height and material to be established through the conditional use permit process) shall be placed around the perimeter of the solar power plant and electrical equipment shall be locked;

      2.   Appropriate warning signage shall be placed on towers, electrical equipment and solar power plant entrances.

   C.   Noise: No solar power plant shall exceed sixty five (65) dBA as measured at the property line or fifty (50) dBA as measured at the nearest neighboring habitable building.

   D.   Visual Appearance:

      1.   Solar power plants shall be finished and maintained as manufactured;

      2.   The design of any buildings or related structures shall, to the extent reasonably possible, use materials, colors, textures, screening and landscaping that will blend the facility into the natural setting and existing environment;

      3.   Appropriate landscaping shall be provided to minimize the visual impact of the commercial solar power plant and accessory structures from roads and adjacent residences.

      4.   For aesthetic purposes a solar power plant cannot be sited within frontage of no less than half of a mile from Highways 89, SR-14 and SR-9. If the natural landscape is such that the scenic values are shielded the distance can be closer.

      5.   The applicant shall work with the County to develop a visual screening program that will fund the one-time planting of trees or shrubs, construction of screening fencing, or other mutually acceptable provisions that will screen views of the project from occupied residences (as of the date of County approval of the project) that are within the one (1) mile boundary of the solar generation facility site or within the area bounded by highways. The height of the screening shall be sufficient to obstruct the view of the solar generation facility as seen from two (2) corners of the residential structure or another agreed upon point on the landscaped area or permanent outbuilding.

   E.   Local, State And Federal Permits: A solar power plant shall be required to obtain all necessary permits from the Utah Department of Environmental Quality, including the Utah Division of Air Quality and the Utah Division of Water Quality, and Federal permits along with applicable permits required by Kane County and local utility companies affecting the power grid.

   F.   Electrical Interconnections: All electrical interconnection or distribution lines shall comply with all applicable codes and standard commercial large scale utility requirements. "PV" systems must be approved for interconnection by the serving utility before operations can begin if so connected. (Ord. 2013-5, 8-12-2013, eff. 8-27-2013; amd. Ord. 2016-16, 12-12-2016; Ord. O-2017-5, 6-26-2017; Ord. O-2026-09, 5-12-2026)

Following the provisions of chapter 15 of this title, additional or more thorough consideration shall be given to the following:

   A.   Site and development plans (drawn to scale; locating all structures existing and proposed, setbacks, access, project boundary, existing structures outside project boundary within 1/2 mile of project boundary, existing utilities/pipelines/transmission lines, proposed utility lines/structures, existing topography);

   B.   Transportation plan for construction and operation phases (showing proposed project service road ingress and egress access onto the State or County road system, layout of the solar power plant service road system and degree of upgrade plan to new and existing roads, anticipated volume and route for traffic, including oversized and heavy equipment needed for construction, maintenance and repairs, methodology of repairs and maintenance of roads and bridges used for the project, and related public pedestrian and vehicular access and associated fencing);

   C.   Public safety (potential hazards to adjacent properties, public roadways, communities, aviation, etc., that may be created);

   D.   Telecommunications interference (electromagnetic fields and communications interference generated by the project); (Ord. 2013-5, 8-12-2013, eff. 8-27-2013)

   E.   Life of the project and final reclamation (describing the decommissioning and final land reclamation plan after anticipated useful life or abandonment or termination of the project, including evidence of an agreement with the property owner that ensures proper final reclamation of the solar power plant project);

      1.   Performance Bond/Decommission Fund: In order to adequately protect Kane County and its citizens in the event the applicant, or its successors or assigns, cannot complete the expected twenty five (25) year project lifespan, cease ongoing business operations, or abandon the project and/or the property for whatever reason, the agreement shall provide for the establishment and maintenance of a Decommission Fund, with sufficient financial assurances to fully restore the property to pre-project conditions. The agreement shall allow the County to use the Decommission Fund to restore the property to pre-project conditions in the event that the applicant, or its successors or assigns, do not properly decommission the project or restore the property to its original conditions within a reasonable time following the cessation of business operations or the abandonment of the project of property for whatever reason. The agreement shall provide that the amount of the decommissioning funds shall be calculated to fully implement the decommissioning activities. The agreement shall also provide that, in the event that the Decommission Fund is inadequate to fully decommission the project or restore the property, the applicant, its successors or assigns, shall be liable for any amount expended by the County over the Decommission Fund balance and shall provide for termination of the Decommission Fund upon the completion of implementation of the decommissioning.

      2.   Financial Assurances: Financial assurances may take the form of letter of credit, or a bond using a preliminary cost estimate for building the facilities. (Ord. O-2017-5, 6-26-2017)

   F.   Visual impacts, appearance, and scenic viewsheds. Potential visual impacts may be caused by components of the project such as mirrors, solar towers, cooling towers, steam plumes, aboveground electrical lines, accessory structures, access roads, utility trenches and installations, and alteration of vegetation. Those projects that are within a sensitive viewshed, utilize reflective components (e.g., exposed mirrors), or that propose structures taller than thirty feet (30') must provide a viewshed analysis of the project, including visual simulations of the planned structures and analysis of potential glare impacts. The number of visual simulations shall be sufficient to provide adequate analysis of the visual impacts of the proposal, which shall be from no less than four (4) vantage points that together provide a view from all sides of the project. More visually sensitive proposals (e.g., solar power towers or exposed mirrors in sensitive viewsheds) may require analysis from significantly more vantage points, such as different distances and sensitive locations. The Planning Commission may also require a zone of theoretical visibility/zone of visual impact (ZVI) analysis, which is a three hundred sixty degree (360°) computer analysis to map the lands within a defined radius of a location that would likely be able to see an object. Significant visual impacts that cannot be adequately mitigated are grounds for denial. (Ord. 2013-5, 8-12-2013, eff. 8-27-2013)

   G.   Environmental analysis. In the absence of a required State or Federal agency environmental review for the project (e.g., NEPA), the Planning Commission may require an analysis of impacts to historic, cultural and archaeological resources, soil erosion (water and wind), flora, and water quality and water supply in the area, when there is reason to believe that adverse impacts to such may occur.

      1.   All conditional use permits shall comply with the Kane County Resource Management Plan for soil restoration, vegetation, water sheds and views pertaining to an environmental analysis review. (Ord. O-2017-5, 6-26-2017)

   H.   Solid waste or hazardous waste. As applicable, the application must include plans for the spill prevention, cleanup, and disposal of fuels, oils, and hazardous wastes, as well as collection methods for solid waste generated by the project.

   I.   Height restrictions and FAA hazard review. Compliance with any applicable airport overlay zoning requirements and the ability to comply with FAA regulations pertaining to hazards to air navigation must be demonstrated. (Ord. 2013-5, 8-12-2013, eff. 8-27-2013)

   J.   Transportation plan for construction and operation phases. Indicate by description and map what roads the project will utilize during the construction and operation/maintenance phases of the project, along with their existing surfacing and condition. Specify any new roads and proposed upgrades or improvements needed to the existing road system to serve the project (both the construction and O&M periods) - remember to identify needed bridges, culverts, livestock fence crossings (gates and cattle guards), etc. Also identify all areas where modification of the topography is anticipated (cutting/filling) to construct or improve the roadways. Address road improvement, restoration or maintenance needs associated with the construction, ongoing maintenance/repair, and potential dismantling of the project. Provide projected traffic counts for the construction period, broken down by the general type/size of vehicles, and identify approximately how many trips will have oversized or overweight loads. If significant impacts to the transportation system are anticipated, the County may require financial guarantees to ensure proper repair/restoration of roadways or other infrastructure damaged or degraded during construction or dismantling of the project. In such case, the "before" conditions of the roadways and other infrastructure must be documented through appropriate methods such as videos, photos, and written records, to provide a proper reference for restoration.

      1.   Utah Department of Transportation shall sign off on projects using Highway 89. All solar power plants shall be sited a mile off of Highway 89, due to Kane County's scenic values. Kane County's Road Department shall be notified of development meetings and sign off for any road plans for access of ingress/egress and County road use. The applicant shall submit a road maintenance agreement to the Kane County Road Department for review and approval as determined necessary. If any reconstruction or damage is done the necessary amounts shall be agreed upon between the applicant and Kane County Road Department.

   K.   The applicant shall develop and implement an exterior lighting plan for both permanent and temporary facilities. The plan shall define the height, location, and intensity of all exterior lighting. All lighting fixtures shall be positioned "down and into" the development, and shielded so that neither the lamp nor the related reflector interior surface is visible from surrounding properties and key viewing areas. When nighttime lighting is required for construction, temporary lighting shall be hooded to the extent consistent with safety. Lighting fixtures shall be directed away from the highway to avoid glare and, when near a residence, shall be pointed away from the residence. The lighting plan shall focus on keeping the lumen/light intensity level to the lowest possible while still meeting minimum safety and security requirements. Unless determined necessary by the County for safety or security reasons, the entry sign shall not be lit (reflective coating is acceptable). These measures shall be shown on applicable plans prior to issuance of a building permit and permanent lighting shall be installed prior to final inspection.

   L.   The applicant shall enter into an agreement with the County Land Use Administrator, on a form approved by Kane County, to provide for the defense and indemnity of the County for any claims, injury, liability, loss, costs, attorneys fees, expenses, or damages sought by third parties from the County alleged to have arisen directly or indirectly out of, or in any way associated with, any of the approvals, environments review, or other actions taken in connection with the project.

   M.   The applicant shall submit evidence that there is adequate water to serve the project on the site including all septic systems, adequate fire control, dust control and maintenance for washing the panels throughout the lifespan of the project. Local water districts must sign off on any additional watering needs.

   N.   All affected County staff such as the Building Department, County Engineer, Roads Department, UDOT, Fire Marshal, Sheriff's Office, Resource Planner and the Land Use Administrator shall be notified for a development meeting to discuss the local requirements and compliance to Kane County's laws and ordinances and the Resource Management Plan.

   O.   Other probable and significant impacts, as identified through the review process. (Ord. O-2017-5, 6-26-2017)

   A.   Permit Application: Application for a solar power plant shall include the following information:

      1.   Site plan to scale showing location of the proposed solar power plant and the locations of all existing buildings, structures and property lines along with distances, including a drawing depicting the area;

      2.   Elevations of the site to scale showing the height, design and configuration of the solar power plant and the height and distance to all existing structures, buildings, electrical lines and property lines;

      3.   Standard drawings and engineering analysis of the solar power plant feasibility;

      4.   Specific information on the type, size, rated power output, performance, safety and noise characteristics of the system, including the name and address of the manufacturer, model;

      5.   Emergency and normal shutdown procedures. (Ord. 2013-5, 8-12-2013, eff. 8-27-2013)