(a)

This article applies to the siting, construction, installation, and decommissioning of any new SES facility to be constructed or installed after the effective date of this article within the jurisdiction of Lee County.

(b)

An SES facility shall comply with all applicable federal, state, and local laws, including, but not limited to, the requirements of the Lee County zoning code and applicable building, fire, electric, and plumbing codes. If a provision in this article directly conflicts with a requirement of the Lee County zoning code, this article shall control.

(c)

This article shall not be applicable to roof-top solar installations located upon residences or commercial buildings in the unincorporated area of Lee County where such installations are owned, leased, or lease-purchased by the property owner from a solar developer or solar business in order to provide electric service to the owner's property, as long as such installations are installed and operated in compliance with applicable law and regulations.

(Ord. of 1-28-2020; Ord. of 10-26-2021, pt. 5)

The following requirements apply to all ground mounted SES facilities, in addition to the specific requirements in this article which apply specifically to intermediate and large scale SESs respectively.

(1)

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.

(2)

Impervious surface. Ground mounted structures and components of the ground mounted SES facility, including transformers and foundations, shall be considered impervious. However, for purposes of compliance with the Lee County zoning code's impervious surface coverage requirements, 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. With respect to the location of solar panels on the land surface, the following shall apply:

a.

Arrangement of solar panels on mild slopes (less than ten percent) is encouraged. If the ground slope is steeper than five percent, adding level spreaders in the ground at each dripline will slow the movement of water and maintain sheet flow.

b.

Use structures/foundations for the solar energy system that occupy minimal space (no more than five percent of total site area).

c.

Include a sufficient distance between rows of panels to allow for capture of rainfall and growth of vegetation beneath and between. This disconnection distance between rows of panels should be greater than the width of a single solar panel.

d.

Limit the lowest vertical clearance of the panels to no greater than 10 feet to avoid erosion at the dripline.

(3)

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

a.

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

b.

Be directed downward where reasonably feasible;

c.

Incorporate full cut-off fixtures; and

d.

Reasonably utilize motion sensors.

(4)

Tree removal. The removal of trees or natural vegetation for a ground mounted SES shall be avoided to the extent reasonably practicable and such removal shall comply with the requirements of the Lee County zoning code.

(5)

Decommissioning. Unless otherwise approved by the Lee County Board of Commissioners, decommissioning shall begin no later than 12 months (365 calendar days) after a ground mounted SES has ceased to generate electricity or thermal energy and shall be finally completed no later than 12 months (365 calendar days) after commencement of such decommissioning. Such decommissioning shall be undertaken and completed by the owner or operator of the SES facility at the time of such decommissioning. Such decommissioning shall be accomplished in accord with the following:

a.

For a ground mounted SES facility allowed with a permit, the SES facility shall be decommissioned in accordance with the most recent decommissioning plan approved by the Lee County Board of Commissioners, and as further described below and in chapter 70, article 70-697(2)f. related to decommissioning:

b.

All sizes of ground mounted SES facilities shall be removed from the premises, and such removal shall include, but shall not be limited to, all materials installed or associated with the facilities, including above ground and below ground materials, and such removed materials shall be either deposited in an appropriate public licensed landfill site recycled or otherwise reused in another facility

c.

The real property where the SES facility was located shall be returned to its substantially original condition which existed at the time of approval of the construction of the SES facility by Lee County.

d.

For SES facility sites which were forested sites at the time of approval of the construction of the SES facility by Lee County the replanting of the solar site after decommissioning with the same number and species of trees shall be accomplished during the decommissioning process. Replanting with non-native trees or only planting with one type does not capture the same habitat and carbon sink gains that the site originally produced, and is not authorized.

e.

A decommissioning plan shall be submitted with each application for the location and construction of an SES facility and must be approved by the Lee County Board of Commissioners as part of the SES facility approval process.

f.

In order to facilitate the decommissioning process, and notwithstanding any other provision of this article, the owner or operator of a proposed SES facility shall submit to Lee County pictures, including aerial photographs (including Google Maps' aerial photographs) of the proposed SES facility site as part of the application process for approval and permitting of a SES facility.

(Ord. of 1-28-2020; Ord. of 10-26-2021, pt. 5)

The following requirements apply to intermediate scale SES facilities, in addition to the general requirements in this article that apply to all ground mounted SES.

(1)

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

a.

The intermediate scale SES facility shall be located no closer than the lesser of (a) 15 feet from any property line, or (b) the required setback for the applicable zoning district, if any;

b.

The intermediate scale SES facility shall be located no closer than the lesser of (a) 20 feet from any public right-of-way, or (b) the required setback for the applicable zoning district, if any; and

c.

The intermediate scale SES facility shall be located no closer than 100 feet to any residential dwelling unit on an adjacent lot.

(2)

Visual buffers. An intermediate scale SES facility shall have, to the extent reasonably practicable, a year-round visual buffer of natural vegetation, plantings, earth berms, or fencing that provide a reasonable visual and lighting screen to restrict the view of the SES facility from adjacent public or private property (including the property located across a public right-of-way from the SES facility). The existing natural tree growth and natural land berms along the SES perimeter may create a sufficient buffer if approved by the Lee County Planning Department and shall be preserved when reasonably practicable. Any visual buffer must be established and maintained in accordance with the most recent visual buffer plan approved by the Lee County Board of Commissioners, and as further described in the conditional use provisions of this article.

(3)

Signage. An intermediate scale SES facility shall display signs (a) stating the risks that may result from contact 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. Such signage shall also:

a.

Comply with the requirements of the applicable zoning district and local sign ordinances; and

b.

May have signs that contain educational information about the intermediate scale SES facility as long as such signs comply with requirements of the applicable zoning district and local sign ordinances.

(Ord. of 1-28-2020; Ord. of 10-26-2021, pt. 5)

The following requirements apply to large scale SESs, in addition to the general requirements in this article that apply to all ground mounted SES.

(1)

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

a.

The large scale SES shall be located no closer than the lesser of (a) 25 feet from any property line, or (b) the required setback for the applicable zoning district, if any;

b.

The large scale SES shall be located no closer than the lesser of (a) 30 feet from any public right-of-way, or (b) the required setback for the applicable zoning district, if any; and

c.

The large scale SES shall be located no closer than 100 feet from any residential dwelling unit on an adjacent lot.

(2)

Visual buffers.

a.

A large scale SES facility shall have, to the extent reasonably practicable, a year-round visual buffer of natural trees, vegetation, plantings, or earth berms which provide a reasonable visual and lighting screen to restrict the view of the SES facility from adjacent public or private property (including those lots located across a public right-of-way). Any such vegetative buffer shall be not less than 150 feet in width. Such required visual and lighting buffer may include existing natural tree growth and natural land berms located: (i) along the perimeter of the SES facility footprint:, (ii) along the perimeter of the real property owned or leased by the solar developer for the solar project, or (iii) partly along the perimeter of the SES facility and partly along the perimeter of the real property owned or leased by the solar developer for the solar project if such natural buffer is approved by the Lee County Planning Department as being in compliance with this article. Such natural tree growth and natural land berms shall be preserved by the solar developer or its successor when reasonably practicable. If an approved natural buffer located either along the perimeter of the SES facility footprint, along the perimeter of the real property owned or leased by the solar developer for the solar project, or partly along the perimeter of the SES facility and partly along the perimeter of the real property owned or leased by the solar developer for the solar project does not exist, dies, or is destroyed, or does not provide a visual and lighting screen to restrict the view of the SES facility as required by this chapter, then the solar developer shall establish and maintain such a buffer of the required width in the area where such buffer does not exist, dies, or is destroyed in the manner provided in this subsection. Any such visual and lighting buffer shall be located (i) along the perimeter of the SES facility footprint, (ii) along the perimeter of the real property owned or leased by the solar developer for the solar project, or (iii) partly along the perimeter of the SES facility and partly along the perimeter of the real property owned or leased by the solar developer for the solar project. Such vegetative buffer planted or established by the solar developer may consist of planted trees, hedges, and similar plantings and vegetation established and maintained by the solar developer or its successor as a year-round visual and lighting buffer as required by this subsection in accordance with the most recent visual and lighting buffer plan approved by the Lee County Board of Commissioners, and as further described in the conditional use provisions of this article. Any existing or planted vegetative buffer shall consist of vegetation which is of a type and species which will normally grow to a height in the Lee County geographic area within a reasonable time period sufficient to shield the SES facility located upon the SES footprint from the view of adjacent landowners and persons travelling by the SES on public or private rights of way. In order to provide for the health, safety, and welfare of the public, and in order to provide additional visual screening of the SES facility, the Lee County Board of Commissioners may also require the installation and maintenance of fencing enclosing the SES facility. Such fencing may be located along the perimeter of the SES facility footprint, or at such other locations as may be determined by the board of commissioners in connection with the grant of a conditional use permit to the solar developer in accord with this chapter. Such fencing, if required, shall provide for an appropriate gates or gates for ingress and egress to and from the SES facility by the owner of the facility and the owner's agents, employees, and contractors.

b.

All such visual buffers shall be installed and maintained in accord with the provisions of section 70-86 of the county's Code of Ordinances. The required maintenance of such buffers shall be installed within the two-year period as provided in section 70-86 and such maintenance shall continue in accord with the requirements of section 70-86 during the time that the large scale solar facility remains in operation. No conditional use permit shall be issued to any large scale SES project until the owner thereof agrees in writing that the owner, and the owner's successors and assigns, shall comply with the provisions of section 70-86 for the period of time that the large scale SES remains in operation.

(3)

Signage. A large scale SES:

a.

Shall display signs (a) stating the risks that may result from contact with a large scale SES facility, (b) identifying the owner or operator of the intermediate scale SES, and (c) providing a 24-hour emergency contact phone number;

b.

Shall comply with the requirements of the applicable zoning district and local sign ordinances; and

c.

May have signs that contain educational information about the large scale SES facility as long as such signs comply with requirements of the applicable zoning district and local sign ordinances.

(Ord. of 1-28-2020; Ord. of 1-26-2021; Ord. of 10-26-2021, pts. 2, 5)

In addition to the general requirements for a conditional use application set forth in the Lee County zoning code (chapter 70, article III, section 70-89), the following shall be contained in any conditional use application for a small, intermediate, or large-scale SES facilities:

(1)

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

a.

The address of the property on which the SES will be located;

b.

The applicant's name, address, telephone number, and email address;

c.

The property owner's name, address, telephone number, and email address;

d.

If known, the SES operator's name, address, telephone number, and email address;

e.

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

f.

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

(2)

Planning. The applicant shall submit the following, based on the most current and accurate information reasonably available:

a.

A site plan of the property that depicts 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, and visual buffers;

b.

A topographic map that depicts vegetative cover, watersheds, or wetlands on the property;

c.

A visual buffer plan that demonstrates that any visual buffer (a) minimizes impacts of the SES on adjacent residential dwelling units, as required by this article, (b) preserves natural tree growth and natural land forms along the SES perimeter, as required by this article, and (c) complies with any additional visual buffer requirements of the Lee County zoning code that may further minimize impacts of the SES on the community character;

d.

A list that identifies (a) federal or state endangered, or threatened, species that may be present on the property or within 1,000 feet of the property, and (b) critical habitat on the property or within 1,000 feet of the property;

e.

A map that identifies prime farmland and farmland of statewide importance, if any, on the property; and

f.

A decommissioning plan that 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.

Statement of conditions that require the decommissioning plan to be implemented;

3.

As part of decommissioning, a removal plan that identifies all structures, components, and non-utility owned equipment that shall be removed;

4.

As part of decommissioning, a plan for recycling or otherwise reusing all materials to the extent reasonably practicable;

5.

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 for the designated land use after the SES is removed; and

6.

A timeline to complete decommissioning consistent with this article.

(3)

Certifications. The applicant shall submit an affidavit that provides, to the best of the applicant's knowledge:

a.

That construction and operation of the SES will comply with all applicable federal, state, and local statutes, rules, regulations, and ordinances, including, but not limited to, the requirements of the Lee County zoning code; and

b.

That commercial general liability insurance will be maintained throughout the siting, construction, installation, operation, and decommissioning of the SES of at least $1,000,000.00, and the SES operator shall provide written proof of the existence of such insurance within 30 calendar days of written demand therefor by Lee County or any agency of Lee County. The operator shall further cause the liability insurance carrier to provide at least 30 calendar days' written notice to Lee County prior to the cancellation of such insurance.

(4)

Incomplete application. A initial review of a conditional use application filed in accord with this section shall be undertaken by the county's planning and zoning staff within 15 working days of the date the application is filed, and if, as a result of such initial review, it is determined by staff that the application is incomplete or does not otherwise comply with the provisions of this article, then the applicant shall be so notified in writing as to the deficiencies in the application and no further proceedings regarding the application shall be undertaken until the stated deficiencies have been corrected or resolved and an amended application shall have been submitted to the county. Upon the proper submission of such amended application, the approval process established in this article shall commence with respect to the amended application. Notwithstanding the foregoing, if the conditional use application shows on its face that the proposed SES facility project could not be authorized or permitted in accord with the provisions of this article, then the county's planning and zoning staff shall so notify the applicant in writing of such fact and the review of the application shall be terminated.

(Ord. of 1-28-2020; Ord. of 10-26-2021, pt. 5)

(a)

Upon receiving a conditional use application for an SES, the Lee County shall conduct permitting proceedings in accordance with the requirements of the Lee County zoning code (chapter 70, article III, section 70-89).

(b)

Conditional uses shall be initially reviewed by the planning commission and a recommendation regarding approval or denial of such conditional use application shall be made to the Lee County Board of Commissioners based on criteria located in chapter 70, article III, section 70-89.

(c)

With respect to the approval or denial of a conditional use application under this section, both the Lee County Planning Commission and the Lee County Board of Commissioners shall consider the following with respect to each conditional use application:

(1)

Whether the proposed SES facility can coexist with healthy tree coverage within the area where the proposed SES facility is to be located;

(2)

Whether the SES facility will negatively affect the ecological benefits of forestland with respect to the forestland's continuing ability to maintain their clean water filtration capacity, soil erosion control, clean air, wildlife habitat, aesthetics and recreation potential is substantial. With respect to such analysis, the following should be considered with respect to such potentially impacted forestland;

(3)

Whether the proposed SES site will avoid clear cutting forests entirely; and

(4)

If a solar energy system is proposed on forestland, the footprint or design (a) avoids the healthiest sections of forest and oldest trees, and (b) adopts habitat corridors to protect wildlife.

(5)

Whether the proposed plan establishes that a policy of zero net loss should be followed, meaning both planting the same number of trees that were cut elsewhere.

(6)

Whether the proposed SES facility shall be physically positioned in such a way that glare does not affect adjacent properties or roadways.

(7)

Whether the proposed SES facility complies with required setbacks, visual buffers and signage requirements.

(8)

Whether the proposed SES application provides long-term plans to minimize stormwater runoff and soil erosion impacts from the SES facility through the following site design practices:

(9)

Whether the proposed SES application provides for the avoidance of soil compaction underneath and around panels during and after construction by using low impact construction techniques.

(10)

Whether the proposed SES application provides for maintaining natural soil and vegetative groundcover in good condition underneath the panels, rather than cement, gravel or bare dirt. Such vegetative groundcover should include: (i) a meadow condition with native grasses are low growing, low maintenance, and have deeper roots which help decrease soil compaction; (ii) planting pollinator friendly habitat (native plant species, such as shrubs, grasses, and wildflowers) between, below, and alongside solar panels, thus, helping restore pollinator population through dual land uses.

(11)

Whether the proposed SES application provides for avoiding chemical fertilizers, pesticides and fungicides, as this can pollute stormwater runoff and may require stormwater treatment, and requiring mowing of the grass areas.

(12)

Whether the proposed site for the SES facility is suitable, taking into consideration impacts to soils, particularly as to prime farmland and farmland of statewide significance, the applicant's efforts to locate the proposed facility away from prime agricultural land, the sites accessibility to electric transmission infrastructure at the site and generally in the county, any special rationale offered by the applicant for location decisions that may be related to watershed management and aquifers, the applicant's proposed use of equipment (including types of equipment) and site preparation practices designed to minimize soil disturbances, and the applicant's proposals regarding maintaining compatible mixes of uses at the proposed facility site.

(13)

Whether the proposed site for the SES facility contains prime farmland or farmland of statewide significance which would likely be negatively impacted by the construction and operation of such an SES facility;

(14)

Whether the conversion of the proposed site for the construction and operation of an SES facility results in the removal of economic opportunities for agriculture-related businesses doing business in Lee County and surrounding counties;

(15)

Whether the use of the proposed land for the construction and operation of the proposed SES facility is compatible with existing adjacent land uses;

(16)

Whether the proposed solar facility will likely have an adverse or negative effect upon the fair market value of real property, including, but not limited to, residential, commercial, or agricultural real property, in the geographic area within a radius often ten miles of where the solar facility is to be located;

(17)

A conditional use application may be denied if the Lee County Board of Commissioners determines the proposed SES facility does not meet the requirements of the Lee County zoning code, including, but not limited to, this article of the Lee County Code of Ordinances; provided, however, that a conditional use application which does not comply with one or more of the requirements of this section may be approved by the board of commissioners with or without the recommendation of the planning commission if the board of commissioners finds that the requirements of this section not complied with are not applicable to the particular application or that the failure to comply with particular requirements of this section can be excused due to special conditions existing with respect to the real property upon which the SES is proposed to be located.

In the event that the conditional use application is denied, then the applicant may file an appeal in the same manner and under the same terms and conditions as appeals in other zoning cases in Lee County are filed and prosecuted. In the event that the conditional use application is approved, the county shall issue the applicant a written permit for the construction and operation of the SES within ten calendar days of the approval of the conditional use application by the Lee County Board of Commissioners. The construction and operation of the SES facility by the owner shall be undertaken at all times in accord with the Lee County Code of Ordinances, including, but not limited to, this article.

(Ord. of 1-28-2020; Ord. of 10-26-2021, pt. 5)

(a)

During the construction of, and prior to an SES facility being placed in operation, all approved SES installations shall be required to undergo applicable periodic inspections by the Lee County Code Enforcement Department in the same manner and to the same extent as other commercial construction projects are required to undergo in accord with the Lee County Code of Ordinances.

(b)

All intermediate scale SES facilities and large scale SES facilities shall have a knox box entry system at the primary entrance. The knox box entry system shall comply with the specifications of the International Fire Code, now existing or as hereafter amended.

(c)

All SES facilities shall have a written emergency response plan which shall be approved by the Lee County Code Enforcement Department. Sheriff's department, the Lee County Fire and Emergency Services Department, and the Lee County Emergency Management agency. Each SES facility shall update its emergency response plan no later than January 15 of each calendar year with a copy provided to all departments and agencies named in this subsection. The emergency response plan shall include, at a minimum, the following:

(1)

The phone number, email address, and street address for the owner and operator of the SES facility; and

(2)

The phone number, email address, and mailing address for a representative of the solar SES facility responsible for responding to public inquiries regarding the SES; and

(3)

The material safety data sheets that apply to any materials located upon the SES facility; and

(4)

The clearly marked means and instructions for shutting down the solar photovoltaic installation or the solar thermal system, as applicable.

(d)

Any SES facility which has not been in use for a period of 180 consecutive days for its original purpose as approved by the county shall be deemed abandoned and shall not be authorized to recommence operations until a new conditional use approval (if otherwise required) has been submitted and approved. Prior to operating the re-approved the SES facility. a Lee County Code Enforcement inspection of the existing SES facility shall have been completed certifying that the SES facility meets all applicable federal, state, and local statutes, rules, regulations, and ordinances.

(e)

All electrical interconnections and distribution lines within an SES facility, except for power lines that leave the facility or are within the substation associated with the SES facility, shall be underground, unless the Lee County Code Enforcement Department grants a written exception due to environmental constraints.

(f)

Notwithstanding any other provision of this article, clearing of natural vegetation in connection with an SES facility shall be limited to that which is necessary for the construction. operation, and maintenance of the ground mounted solar photovoltaic installation and consistent with best practices for the preservation of natural areas or good husbandry of the land or forest areas.

(g)

The Lee County Code Enforcement Department shall have the right to inspect any SES facility in the unincorporated areas of the county without notice if there is demonstrated potential risk of immediate harm or injury to person or property arising in connection with the existence or operation of the SES facility. If there is no risk of immediate harm or injury to person or property, the county code enforcement department shall have the right to inspect any solar farm upon making reasonable efforts to notify the owners or operators 24 hours in advance of the inspection.

(Ord. of 1-28-2020; Ord. of 10-26-2021, pt. 5)

Unless otherwise specifically required by state law, the Lee County Board of Commissioners shall not be authorized to: (i) approve or execute any intergovernmental or other agreement providing for the issuance of revenue bonds to provide or assist in providing financing of the construction of an SES facility through the Lee County Development Authority, or through any successor economic development authority, or through any other economic development authority operating in Lee County; (ii) approve or execute any intergovernmental or other agreement relating to or providing for the payment of payments in lieu of taxes (PILOT Payments) in connection with ad valorem tax abatements related to or in connection with the construction of an SES facility; provided, however, that this section 70-700 shall not be applicable to any proposed large scale SES facility where the developer of the large scale solar facility and the Lee County Development Authority have executed, prior to January 26, 2021, a bond issue inducement resolution, bond issue inducement agreement, or any other similar agreement relative to the authority's agreement to issue revenue bonds to assist in the financing of such large scale SES facility, where such resolution or agreement referred to potential personal property ad valorem tax abatements for the benefit of such proposed large scale solar facility and payments in lieu of taxes (PILOT payments) to be paid by the solar developer; provided, further, that the provisions of this section 70-700 relating to such prior resolutions or agreements shall not be construed to waive, repeal, rescind, or modify any other provisions of the Lee County Code regulating solar installations proposed or to be proposed to be constructed or installed in Lee County, except as otherwise specifically provided in this section 70-700.

(Ord. of 1-26-2021; Ord. of 10-26-2021, pts. 3, 5)

Editor's note— Ord. of 1-26-2021 repealed the former section and enacted a new section as set out herein. The former section pertained to similar subject matter and derived from Ord. of 1-28-2020.

A permit issued under section 70-698(f) may be revoked by the Lee County Board of Commissioners upon recommendation of the Lee County Code Enforcement Department for any SES facility which is not in full compliance with this article. Prior to recommending the revocation of a permit, the Lee County Code Enforcement Department shall provide ten calendar days' written notice of any deficiencies to the owner of the SES via U.S. Mail (overnight delivery), certified mail (return receipt requested), or personal service by hand delivery. If the cited deficiencies are not corrected within such ten calendar days, the Lee County Code Enforcement Department shall be authorized recommend in writing a revocation of the permit to operate the SES facility to the Lee County Board of Commissioners. Within 30 calendar days of receipt of such recommendation, the Lee County Board of Commissioners shall hold a public hearing on the recommendation, and both the Lee County Code Enforcement Department and the owner or operator of the SES facility may be present and present witnesses and offer evidence at the public hearing. Each side may be represented by legal counsel at the hearing. Notice of the date, time, and place of the hearing shall be provided to both parties not less than ten calendar days prior to the date of the hearing. The strict rules of evidence required in a court of law shall not be required in such hearing. After hearing evidence and argument from the parties at the hearing, the Lee County Board of Commissioners shall be authorized to revoke the permit if the board of commissioners finds by a preponderance of the evidence that the SES facility is not in compliance with this article and the failure to comply with this article presents an immediate danger of harm to persons or property. Written notice of the decision of the board of commissioners shall be provided to both parties within ten calendar days after the date of the hearing. If a permit is revoked, the board of commissioners may impose conditions for the re-issuance of a new permit for the SES facility in the revocation order. The owner or operator of the SES facility may apply for a new conditional use permit under this article once any conditions required by the board of commissioners for the issuance of a new conditional use permit are met by the owner or operator of the SES facility. In applying for a new conditional use permit, the applicant shall be required to meet all of the requirements for the issuance of a new permit provided in the Lee County Code, including, but not limited to, the requirements of this article.

(Ord. of 1-28-2020; Ord. of 10-26-2021, pt. 5)

Any violation of this article in a court of competent jurisdiction shall, upon conviction, be punished as provided in section 1-12 of the Lee County Code of Ordinances.

(Ord. of 1-28-2020; Ord. of 10-26-2021, pt. 5)