(A)

To set forth standards that will assist industry providers and property owners in the determination of the proper installation and placement of solar related equipment with the understanding that solar capabilities may not be possible or feasible on all properties within the City of Kingsville.

(Ord. 2014-25, § I, passed 4-23-2014)

(A)

For purposes of this division the following words and terms as used herein are defined to mean the following:

(1)

Accessory Solar Energy System (ASES) shall mean an area of land or other area used for a solar collection system used to capture solar energy, convert it to electrical energy or thermal power, and supply electrical or thermal power primarily for on-site use. An accessory solar energy system consists of one or more free-standing ground or roof-mounted solar arrays or modules, or solar related equipment and is intended to primarily reduce on-site consumption of utility power or fuels.

(2)

Glare shall mean the effect produced by light with an intensity sufficient to cause loss in visual performance and visibility.

(3)

Principal Solar Energy System (PSES) shall mean an area of land or other area used for a solar collection system principally used to capture solar energy, convert it to electrical energy or thermal power and supply electrical or thermal power primarily for off-site use. Principal solar energy systems consist of one or more free-standing ground, or roof mounted solar collector devices, solar related equipment and other accessory structures and buildings including light reflectors, concentrators, and heat exchangers, substations, electrical infrastructure, transmission lines and other appurtenant structures.

(4)

Solar easement shall mean a right, expressed as an easement, restriction, covenant, or condition contained in any deed, contract, or other written instrument executed by or on behalf of any landowner for the purpose of assuring adequate access to direct sunlight for solar energy systems.

(5)

Solar energy shall mean radiant energy (direct, diffuse and/or reflective) received from the sun.

(6)

Solar panel shall mean that part or portion of a solar energy system containing one or more receptive cells or modules, the purpose of which is to convert solar energy for use in space heating or cooling, for water heating and/or for electricity.

(7)

Solar related equipment shall mean items including a solar photovoltaic cell, module, panel, or array, or solar hot air or water collector device panels, lines, pumps, batteries, mounting brackets, framing and possibly foundations or other structures used for or intended to be used for collection of solar energy, such as:

a.

Solar array shall mean a grouping of multiple solar modules with purpose of harvesting solar energy.

b.

Solar cell shall mean the smallest basic solar electric device which generates electricity when exposed to sunlight.

c.

Solar module shall mean a grouping of solar cells with the purpose of harvesting solar energy.

(Ord. 2014-25, § I, passed 4-23-2014)

(A)

The following regulations are applicable to all accessory solar energy systems:

(1)

ASES shall be permitted as a use by right in all zoning districts.

(2)

Exemptions:

a.

ASES constructed prior to the effective date of this section shall not be required to meet the terms and conditions of this ordinance, but must still adhere to and all regulations that were in place at the time they were constructed. Any physical modification to an existing ASES whether or not existing prior to the effective date of this section that materially alters the ASES shall require approval under this ordinance. Routine maintenance or like-kind replacements do not require a permit.

(3)

All on-site utility feeder lines associated with SES from the array to the final utility connection shall be placed underground.

(4)

The owner of an ASES shall provide the City written confirmation that the public utility company, to which the ASES will be connected, has been informed of the customer's intent to install a grid connected system and approved by the utility company of such connection. Off-grid systems shall be exempt from this requirement.

(5)

The display of advertising is prohibited except for reasonable identification of the manufacturer of the system. The City shall be the sole determiner of what is reasonable.

(Ord. 2014-25, § I, passed 4-23-2014)

(A)

Where a subdivision or land development involves the use of solar energy systems, solar easements may be provided. Said easements shall be in writing, and shall be subject to the same conveyance and instrument recording requirements as other easements.

(B)

Any such easements shall be appurtenant; shall run with the land benefited and burdened; and shall be defined and limited by conditions stated in the instrument of conveyance. Instruments creating solar easement shall include but not be limited to:

(1)

A description of the dimensions of the easement including vertical and horizontal angles measured in the degrees or the hours of the day, on specified dates, during which direct sunlight to a specified surface or structural design feature may not be obstructed.

(2)

Restrictions on the placement of vegetation, structures, and other objects which may impair or obstruct the passage of sunlight through the easement.

(3)

Enumerate terms and conditions, if any, under which the easement may be revised or terminated.

(4)

Explain the compensation for the owner of the real property subject to the solar easement for maintaining the easement and for the owner of the real property benefiting from the solar easement in the event of interference with the easement.

(5)

If required, an ASES owner and/or operator must obtain any solar easements necessary to guarantee unobstructed solar access by separate civil agreement(s) with adjacent property owner(s).

(C)

In lieu of an easement submitted pursuant to the previous section, prior to the issuance of a zoning/building permit, applicants must acknowledge in writing that the issuing of said permit for a solar energy system shall not and does not create in any other property owner, its, his, her or their successors and assigns in title or, create in the property itself:

(1)

The right to remain free of shadows and/or obstructions to solar energy caused by development of adjoining or other property or the growth of any trees or vegetation on such property; or

(2)

The right to prohibit the development on or growth of any trees or vegetation on any other property, unless a solar easement is established according to the provisions of these regulations.

(Ord. 2014-25, § I, passed 4-23-2014)

(A)

The support structure for any ground mounted ASES shall be screened from all adjacent rights-of-way and property that is residentially zoned or used for residential purposes. Screening may consist of skirting, landscaping, privacy fence or other type of fence that meets the requirements of the zoning regulations. In the case that landscaping is used for screening of the support structure, evergreen trees that meet the size requirements of the city's landscaping regulations shall be placed at intervals of no more than six feet on center.

(Ord. 2014-25, § I, passed 4-23-2014)

(A)

Any ASES that is located within a designated local historic district or any overlay district area shall, in addition to compliance with all other zoning and building code regulations, comply with the requirements of the respective local historic district or applicable overlay district plan. The determination of visibility from street right-of-way shall be the responsibility of the historic preservation officer within the historic districts or otherwise the Director of Planning & Development Services and/or designee.

(Ord. 2014-25, § I, passed 4-23-2014)

(A)

No homeowners' agreement, covenant, common interest community, or other contract between multiple property owners within a subdivision shall restrict or limit solar energy systems to a greater extent than these regulations.

(B)

In the event that renewable energy systems are not being implemented in a project, the city will encourage that the building design is "solar ready" such that solar electric, solar thermal systems, or both can be easily installed at a later date. Therefore the developer and architect should anticipate the future introduction of solar technologies in the preliminary orientation and siting of the building. Development proposals should also incorporate MEC conduit/chases; structural loads and anchoring needed to provide solar electric and solar thermal renewable energy systems in the future.

(C)

The term "solar readiness" is not intended to apply to the orientation of streets or any other aspect of a construction project or subdivision other than the preparation of the structure(s) and the components thereof to facilitate the future conversion to solar energy use.

(Ord. 2014-25, § I, passed 4-23-2014)

(A)

No part of a solar energy system shall be used to display advertising, including signage, streamers, pennants, spinners, reflectors, ribbons, tinsel, balloons, flags, banners or similar materials.

(Ord. 2014-25, § I, passed 4-23-2014)

(A)

Building permits shall be required for all solar energy systems in the City of Kingsville.

(B)

Zoning/building permit applications shall document compliance with these regulations and shall be accompanied by drawings showing the location of the system on the building or property, including property lines.

(C)

The zoning/building permit shall be revoked if the ASES, whether new or pre-existing, is moved or otherwise altered, either intentionally or by natural forces, in a manner which causes the ASES not to be in conformity with this division.

(Ord. 2014-25, § I, passed 4-23-2014)

(A)

A roof mounted or wall mounted ASES may be located on a principal or accessory building.

(B)

Roof mounted ASES may exceed the maximum building height specified for principal or accessory buildings within the applicable zoning district by no more than three feet.

(C)

No part of the solar array or the supporting structure shall extend beyond any portion of the roof edge.

(D)

Roof mounted solar panels on residential structures that are located on roof surfaces visible from the right-of-way of any street contiguous to the property shall be installed parallel to the respective roof surface.

(E)

For roof and wall mounted systems, the applicant shall provide evidence that the plans comply with the adopted building code of the City of Kingsville and that the roof or wall is capable of holding the load imposed on the structure.

(F)

Wall mounted ASES shall comply with the setbacks for principal and accessory structures in the underlying zoning districts.

(Ord. 2014-25, § I, passed 4-23-2014)

(A)

Generally, ground mounted ASES will be required to adhere to the requirements of Section 15-6-27 "Accessory Uses & Structures" of these regulations.

(B)

Setbacks.

(1)

The minimum yard setbacks from side and rear property lines shall be equivalent to the accessory structure setback in the zoning district.

(2)

A ground mounted ASES shall not be located in any front yard. (See Section 15-6-185 pertaining to solar energy systems permitted as principal uses.)

(C)

Height.

(1)

Freestanding ground mounted ASES shall not exceed the maximum accessory structure height in the underlying zoning district.

(D)

Coverage.

(1)

The area beneath the ground mounted ASES is considered pervious cover. However, use of impervious construction materials under the system could cause the area to be considered impervious and subject to the impervious surfaces limitations for the applicable zoning district.

(a)

Foundation systems, typically consisting of driven piles or monopoles or helical screws with or without small concrete collars.

(b)

All mechanical equipment of the system including any structure for batteries or storage cells.

(E)

Ground-mounted ASES shall not be placed within any legal easement or right- of-way location, or be placed within any storm water conveyance system or in any other manner that would alter or impede storm water runoff from collecting in a constructed or natural storm water conveyance system.

(Ord. 2014-25, § I, passed 4-23-2014)

(A)

Ground mounted solar energy systems are permitted as principal uses by right in the I-1 and I-2 zoning districts, subject to the following:

(1)

Properties containing solar energy systems as principal uses shall contain a minimum of one acre.

(2)

All SES permitted as principal uses shall comply with the side-yard and rear yard setbacks for accessory structures within the applicable zoning district. The front yard setback for principal use SES shall be twenty feet.

(3)

No residential use or structure shall exist on the property.

(4)

The solar energy system must provide energy to off-site locations and to other than the owner of the property containing the solar array.

(5)

Solar energy systems permitted as principal uses shall comply with all other applicable regulations within this section and other sections of the code that apply to accessory solar energy systems.

(Ord. 2014-25, § I, passed 4-23-2014)

(A)

All Solar Energy Systems shall:

(1)

Comply with the requirements of the State of Texas Utilities Code Chapter 39, section 39.916 (2011), to the extent such facility is interconnected to the retail electric supplier for net metering;

(2)

Include power outage protection so as to automatically terminate power generation during any power outage in any electrical utility system being served. Certification or documentation of such design shall be included with any permit approval.

(3)

Shall be of a type which provides a low glare or anti-reflective layer applied to the solar panel to reduce the reflection or glare of the system.

(4)

Shall be analyzed fully for land use and airport compatibility issues on a case-by-case basis that considers both the proposal and any potential safety hazard, most notably those associated with the Naval Air Station-Kingsville. Specific importance shall be made with respect to AICUZ instruction 11010.36C.

(Ord. 2014-25, § I, passed 4-23-2014)

(A)

Notice of Discontinuance:

(1)

In the event that all legally approved use of a solar energy system supporting structure or solar energy related equipment has been discontinued for a period of 180 days, the Director of Planning & Development Services and/or designee may make a preliminary determination of discontinuance. In making such a determination, the Director of Planning & Development Services and/or designee may request documentation and/or affidavits from the property owner regarding the structure's usage, including evidence that use of the structure is imminent. Failure on the part of a property owner to provide updated contact information for the owner of the solar energy system supporting structure or solar energy related equipment for four consecutive years will be presumptive evidence of discontinuance. At such time as the Director of Planning & Development Services and/or designee reasonably determines that a solar energy system supporting structure or solar energy related equipment has been discontinued, the Director of Planning & Development Services and/or designee will provide the property owner with a written notice of discontinuance by certified mail.

(B)

Declaration of discontinuance:

(1)

Failure on the part of the property owner to respond to the notice of discontinuance within 90 days, or to adequately demonstrate that the structure is not discontinued, will be evidence of discontinuance. Based on the foregoing, or on any other relevant evidence before the Director of Planning & Development Services and/or designee, the Director of Planning & Development Services and/or designee may make a final determination of discontinuance, whereupon a declaration of discontinuance will be issued to the property owner by certified mail.

(C)

Removal of facility:

(1)

Within 120 days of a declaration of discontinuance, the property owner must either:

(a)

Reactivate the use of the structure as a solar energy system supporting structure or solar energy related equipment or transfer ownership of structure to another owner who will make such use of the facility; or

(b)

Dismantle and remove the facility. If the facility remains discontinued upon the expiration of 120 days, the property is declared a nuisance and the City of Kingsville may enter upon the property and remove the facility, with all costs to be borne by the property owner.

(Ord. 2014-25, § I, passed 4-23-2014)