Within the districts permitting cemeteries, the following requirements shall apply.

130.1.1. The site proposed for a cemetery shall not interfere with the development of a system of collector or larger streets in the vicinity of such a site. In addition, such site shall have direct access to a thoroughfare.

130.1.2. Any new cemetery shall be located on a site containing not less than twenty (20) acres.

130.1.3. All structures shall be set back no less than twenty-five (25) feet from any property line or street right-of-way line.

130.1.4. All graves or burial lots shall be set back not less than twenty-five (25) feet from any property line or minor street right-of-way lines, and not less than fifty (50) feet from any collector, arterial, expressway, or freeway right-of-way lines.

130.1.5. The entire cemetery property shall be landscaped and maintained.

Bed and Breakfast Inns shall be permitted by special exception provided the following requirements are met:

130.2.1. The proposed use of the property will not adversely affect the immediate neighborhood.

130.2.2. The proposed use of the property will not create noise, light or traffic conditions detrimental to the neighboring residents.

130.2.3. No exterior alterations, other than those necessary to assure the safety of the structure, shall be made to the dwelling for the purpose of providing a Bed and Breakfast Inn.

130.2.4. No meals other than breakfast may be served by the resident owner to paying guests.

130.2.5. The resident owner shall keep a current guest register including names, addresses and dates of occupancy of all guests.

130.2.6. The resident owner shall comply with all business license and revenue collection ordinances of the City of Kingsland and the State of Georgia.

130.2.7. The building shall comply with all requirements for dwelling included in the Standard Building Code.

130.2.8. The resident owner provides one (1) off-street parking space for every guest room.

130.2.9. The principal use of any such structure or structures shall be residential.

130.2.10. Any business sign shall be attached to the building or be free standing up to five (5) feet in height and shall not be larger than two (2) square feet in sign area.

(Amend. of 7-23-2007)

130.3.1. Intent.

The purpose of this ordinance is to facilitate the siting, construction, installation, operation, maintenance, and decommissioning of solar energy systems ("SESs") in City of Kingsland.

The intent of ordinance is to increase energy security and diversify the energy portfolio, to promote the use of Georgia-based energy resources, to decrease the cost of energy, to bolster local economic development and employment prospects, to increase consumers' choices in energy consumption, to encourage the use of a renewable energy resource, to support the City of Kingsland's sustainability agenda, and to reduce air and water pollution.

130.3.2. Applicability.

(a)

This Ordinance applies to the siting, construction, installation, operation, maintenance, and decommissioning of any SES within the jurisdiction of City of Kingsland.

(b)

Any SES that, prior to the effective date of this Ordinance, (1) is currently in operation, (2) has received approval from City of Kingsland to operate, or (3) is being constructed, if no such approval was required, shall be exempt from complying with this Ordinance, unless:

(1)

The acreage of land occupied by the SES is increased by more than 50 percent; or

(2)

More than 50 percent of the solar panels on the SES are replaced.

All SES shall comply with all applicable federal, state, and local laws and regulations, including the requirements of the City of Kingsland zoning ordinance.

130.3.3. Definitions.

Building-integrated solar energy system means an SES 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, for example as a building facade, skylight, or shingles.

Ground mounted solar energy system means an SES that is structurally mounted to the ground. For purposes of this Ordinance, the acreage of land occupied by a ground mounted solar energy system is calculated by drawing a perimeter around the outermost SES solar panels and auxiliary structures. Substations and transmission lines outside this perimeter shall not be included in the calculation.

Intermediate scale ground mounted solar energy system (intermediate scale SES) means a ground mounted SES that occupies between 16 and 50 acres.

Large scale ground mounted solar energy system (large scale SES) means a ground mounted SES that occupies more than 51 acres.

Ordinance means this solar ordinance.

Permit means any permit required by federal, state, or local law or regulation, including this Ordinance.

Planning and community development department means the applicable county or city land use decision-making body as determined by local ordinance and appeal procedures.

Rooftop solar energy system means an SES that is structurally mounted to the roof of a house, building, or other structure.

Small scale ground mounted solar energy system (small scale SES) means a ground mounted SES that occupies less than 15 acres.

Solar energy system means a device or structural design feature that provides for the collection, storage, and distribution of solar energy for electricity generation.

For purposes of this Ordinance, 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 in this Ordinance excludes concentrated solar systems that use mirrors to focus the energy from the sun to create thermal energy that can be used to produce electricity.

Visual buffer means natural vegetation, which provides a visual and lighting barrier between an SES and a residential property. The visual buffer is not part of the SES and shall not be included when (1) calculating the acreage of land occupied by the SES, or (2) determining whether the SES adheres to applicable setback requirements.

130.3.4. Requirements applicable to solar energy systems.

130.3.4.1. Types of solar energy systems.

(a)

Building-integrated solar energy systems.

(b)

Rooftop solar energy systems.

(c)

Ground mounted solar energy systems.

(1)

Small Scale Solar Energy Systems—occupies less than 15 acres.

(2)

Intermediate Scale Solar Energy Systems—occupies 16 to 50 acres.

(3)

Large Scale Solar Energy Systems—occupies more than 51 acres.

130.3.4.2. Permissible zoning districts.

* A = Allowed

* SAP = Special administrative permit required. If the applicant first obtains a special administrative permit in accordance with section 130.3.5 of this Ordinance, the SES is allowed in this district.

130.3.4.3. Requirements for building-integrated solar energy systems.

(a)

Allowed use. A building-integrated SES is an allowed accessory use, regardless of whether the SES is visible from a public right-of-way.

(b)

Solar access. A property owner may obtain a solar easement from another property owner for the purpose of ensuring the building-integrated SES adequate exposure to sunlight.

130.3.4.4. Requirements for rooftop solar energy systems.

(a)

Allowed use. A rooftop SES is an allowed accessory use, regardless of whether the SES is visible from a public right-of-way.

(b)

Solar access. A property owner may obtain a solar easement from another property owner for the purpose of ensuring the rooftop SES adequate exposure to sunlight.

(c)

Safety. A rooftop SES shall have a clear perimeter between the SES and the roofline to ensure emergency access and egress on the roof and to provide smoke ventilation opportunities. A rooftop SES shall not extend beyond the exterior perimeter of the building, unless the SES is explicitly engineered to do so.

(d)

Height. A rooftop SES mounted on a flat roof shall be given an equivalent exemption to the underlying zoning district's height standards as roof-mounted mechanical devices or equipment. A rooftop SES mounted on a sloped roof shall not vertically exceed the highest point of the roof to which it is attached.

130.3.4.5. General requirements for ground mounted solar energy systems. The following requirements apply to all small, intermediate, and large scale ground mounted SESs, in addition to the specific requirements in this Ordinance that apply to each SES size respectively:

(a)

Solar access. A property owner may obtain a solar easement from another property owner for the purpose of ensuring the ground mounted SES adequate exposure to sunlight.

(b)

Visual buffer. A ground mounted SES shall require a visual buffer where the SES is visible from a residential property or public right-of-way. If the visual buffer utilizes natural vegetation, it shall be of a size and thickness sufficient to provide a visual and lighting barrier between the SES and the residential property within 12 months from the completion of construction of the SES. All other visual buffers shall be in place at the time the SES commences operation.

(c)

Impervious surface. An SES shall comply with federal, state, and local storm water management, erosion, and sediment control provisions and impervious surface coverage requirements. For purposes of compliance with such regulations, an SES shall be considered pervious if it maintains sheet flow and allows for water to infiltrate under and around the panels through a pervious surface and into the subsoil.

(d)

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

(1)

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

(2)

Be directed downward where reasonably feasible;

(3)

Incorporate full cut-off fixtures; and

(4)

Reasonably utilize motion sensors.

(e)

Lot coverage. The removal or destruction of trees or natural vegetation for an SES shall comply with the requirements of the underlying zoning ordinance.

(f)

Maintenance. A ground mounted SES shall be maintained in good working order.

(g)

Abandonment. A ground mounted SES shall be considered abandoned if it ceases to produce energy on a continuous basis for more than 12 months without prior approval from the planning and community development department.

(h)

Decommissioning. If a ground mounted SES has reached the end of its reasonable life or it is abandoned, then:

(1)

A small scale SES and all structures associated with it shall be removed and all materials shall be recycled or otherwise reused to the extent reasonably practicable; and

(2)

An intermediate or large scale SES shall be decommissioned in accordance with the decommissioning plan in the permit application (see section 130.3.5.1(e)).

130.3.4.6. Specific requirements for small scale solar energy systems.

(a)

Allowed use. A small scale SES is an allowed primary or accessory use.

130.3.4.7. Specific requirements for intermediate scale solar energy systems.

(a)

Permitted use. An intermediate scale SES is a permitted primary or accessory use in any residential zoning district if the applicant obtains a special use permit from the city council. In any other zoning district, an intermediate scale SES is a permitted primary or accessory use if the applicant obtains a special administrative permit from the planning and community development department.

(b)

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

(1)

The intermediate scale SES shall be located no closer than the lesser of (a) 50 feet from any property line or easement, or (b) the setback standards for the underlying zoning district, if any;

(2)

The intermediate scale SES shall be located no closer than the lesser of (a) 50 feet from any public right-of-way, or (b) the setback standards for the underlying zoning district, if any; and

(3)

The intermediate scale SES shall be located no closer than 100 feet from any residential dwelling unit.

(c)

Signage. An Intermediate Scale SES:

(1)

Shall have warning signs (a) displaying the dangers associated with an intermediate scale SES, (b) identifying the owner or operator of the intermediate scale SES, and (c) providing a 24-hour emergency contact phone number;

(2)

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

(3)

Shall not have signs used for displaying any advertisement except for reasonable identification of the manufacturer or operator of the intermediate scale SES.

(d)

Electrical connections. If the intermediate scale SES is connected to the public grid, then reasonable efforts shall be made to place underground all utility connections from the SES, depending on appropriate soil conditions, shape, and topography of the property and any requirements of the utility provider.

(e)

Safe installation. The intermediate scale SES shall be installed by a licensed engineer, a certified electrician shall inspect the electrical connections prior to operation, and the appropriate public utility shall inspect any operating connection to the grid.

130.3.4.8. Specific requirements for large scale solar energy systems.

(a)

Permitted use. A large scale SES is a permitted primary or accessory use in any zoning district if the applicant obtains a special use permit from the planning and community development department.

(b)

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

(1)

The large scale SES shall be located no closer than (a) 50 feet from any property line or easement, or (b) the setback standards for the underlying zoning district, if any whichever is greater;

(2)

The large scale SES shall be located no closer than (a) 50 feet from any public right-of-way, or (b) the setback standards for the underlying zoning district, if any; and

(3)

The large scale SES shall be located no closer than 200 feet from any residential dwelling unit.

(c)

Signage. A large scale SES:

(1)

Shall have warning signs (a) displaying the dangers associated with a large scale SES, (b) identifying the owner or operator of the large scale SES, and (c) providing a 24-hour emergency contact phone number;

(2)

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

(3)

shall not have signs used for displaying any advertisement except for reasonable identification of the manufacturer or operator of the large scale SES.

(d)

Electrical connection. If the large scale SES is connected to the public grid, then reasonable efforts shall be made to place underground all utility connections from the large scale SES, depending on appropriate soil conditions, shape, and topography of the property and any requirements of the utility provider.

(e)

Safe installation. The large scale SES shall be installed by a licensed engineer, a certified electrician shall inspect the electrical connections prior to operation, and the appropriate public utility shall inspect any operating connection to the grid.

130.3.5. Plans and permits.

130.3.5.1. Permit application. An application for a special administrative permit or a special use permit shall be submitted to the planning and community development department containing the following:

(a)

Basic information. The applicant shall submit a document that lists the following:

(1)

The address of the SES property;

(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 SES operator's name, address, telephone number, and email address;

(5)

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

(6)

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

(b)

Site plan. The applicant shall submit a site plan that contains the following:

(1)

A diagram of the property and directly adjacent properties showing 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, required signage, and required visual buffers;

(2)

A one-line diagram of the SES that has been stamped and signed by a professional engineer licensed in Georgia that shows the configuration of the array, the wiring system, the overcurrent protection, the inverter, and the disconnects;

(3)

A topographical map from the U.S. Geological Survey, or equivalent, that depicts in detail any vegetative cover, watersheds, floodplains, or wetlands on the property;

(4)

A topographic drawing of the property that indicates how storm water currently drains from the property, identifies the location of discharge points or areas, and identifies any conditions present on the property that may contribute to significant soil erosion;

(5)

A map from the Georgia Department of Natural Resources that identifies any habitat for state endangered, threatened, or candidate species on or adjacent to the property;

(6)

A map from the U.S. Department of Fish and Wildlife ("FWS") and/or the National Oceanic and Atmospheric Administration ("NOAA") that identifies any habitat for federally endangered, threatened, or candidate species on or adjacent to the property; and

(7)

If the SES is located in an agricultural district, a map from U.S. Department of Agriculture Natural Resources Conservation Service ("NRCS") identifying prime farmland and farmland of statewide importance on the property.

(c)

Mitigation of impacts. The applicant shall submit a mitigation plan that contains the following:

(1)

A plan for the prevention and mitigation of storm water runoff and soil erosion;

(2)

If the SES is located on prime farmland or farmland of statewide importance (as defined by NRCS), a plan to mitigate damage to the soil quality;

(3)

If the installation of the SES will result in potentially adverse changes to any state or federally endangered, threatened, or candidate species habitat, a mitigation plan, that includes (a) a process for minimizing changes to the species habitat, for example through habitat corridors, (b) a plan to relocate and monitor any impacted species, and (c) a plan to restore the original species habitat after the system is decommissioned; and

(4)

A map of five nautical miles around the property with the location of any airport in the shown space, and, if an airport is present in that area, a glare hazard analysis result by the solar glare hazard analysis tool or its equivalent.

(d)

Certifications. The applicant shall submit an affidavit that provides:

(1)

Construction and operation of the SES will comply with all applicable federal, state, and local laws and regulations, including the requirements of the underlying zoning ordinance, unless otherwise expressly stated in this Ordinance;

(2)

Before operation, a fire safety and evacuation plan will be filed with the appropriate fire code and emergency management officials, and will be available in workplace for reference and review by employees working on the premises; and

(3)

General liability insurance will be maintained throughout the life of the SES project. If the underlying zoning ordinance does not specify the coverage, such general liability insurance will include, but not be limited to, commercial form, premises operations, products/completed operations hazard, contractual insurance, broad form property damage, and personal injury.

(e)

Decommissioning plan. The applicant shall submit a decommissioning plan that, based on the best available information at the time of the application, contains the following:

(1)

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

(2)

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

(3)

As part of decommissioning, a removal plan that (a) identifies all structures, components, and non-utility owned equipment that shall be removed, and (b) includes a plan for recycling or otherwise reusing all materials to the extent reasonably practicable; and

(4)

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 to the designated land use after the SES is removed, including a tree restoration plan to restore the original tree cover with similar tree types and numbers after the system is decommissioned.

130.3.5.2. Special administrative permit review.

(a)

Upon receiving an application for an SES, the planning and community development department shall review the permit application within 45 days and either approve or deny the applicant.

(b)

A special administrative permit application may be approved only if the planning and community development department determines that the SES complies with all applicable federal, state, and local laws and regulations, including the requirements of this Ordinance.

(c)

The applicant's appeal rights are consistent with those rights expressed in the underlying zoning ordinance.

(Ord. No. 2019-02, 1-28-2019)