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Lincolnton City Zoning Code

DIVISION 11

SOLAR FARMS

Sec. 26-394. - Definitions.

Ground-mounted solar collection system means a solar energy system that is directly installed in the ground and is not attached or affixed to an existing structure. This system can include pole-mounted systems that allow for the tracking of the sun.

Power inverter means a device that inverts the direct current (DC) electricity produced by a solar PV system into usable alternating current (AC).

Solar electric power generation. Comprises non-residential establishments primarily engaged in operating solar electric power generation facilities. These facilities use energy from the sun to produce electric energy.

Solar farm means a term used to describe large-scale solar energy systems. These facilities are typically larger tracts of land containing hundreds of arrays of photovoltaic panels covering most of a parcel.

Solar glare means the effect produced by light reflecting from a solar panel with an intensity sufficient to cause annoyance, discomfort, or loss in visual performance and visibility.

Solar panel means, for the purpose of this article, a solar panel may refer to a solar module or surface component of a flat plate collector. Solar panels are meant to absorb, not reflect, sunlight.

Solar project means a facility for solar electric power generation including, but not limited to, a solar farm. A solar project may be a ground mounted system or roof mounted system of a size larger than required to power one single family residence.

(Res. of 5-6-2025(1), § 1)

Sec. 26-395. - Building permit.

Once a building permit is issued for a solar project, the applicant must commence construction within six months of issuance, or the permit shall lapse. Construction must be completed within 18 months of permit issuance unless the permit expressly provides otherwise. Exceptions to these time limitations may be made at permit issuance for good cause. For tax purposes, the solar project shall be considered complete and operational no later than 12 months after commencement of construction.

(Res. of 5-6-2025(1), § 1)

Sec. 26-396. - Performance standards for solar projects.

(a)

Glint and glare. Solar components must have a UL listing and must be designed with an anti-reflective coating(s). All construction shall comply with the National Electric Code and applicable building codes. The developer shall graphically demonstrate through the use of renderings, photographs, or similar credible media that the proposed solar collection device or combination of devices shall be designed and located to avoid glare or reflection onto adjacent properties and adjacent roadways, and shall not interfere with traffic or create a safety hazard. Screening, using fencing of at least eight feet in height, along with vegetative buffers placed outside the security fence, shall be provided along all sides of the project that face a public road or a residential area. If it is determined by the planning commission that buffering or screening is needed, one or more of the following may be implemented:

(1)

On-site mature vegetation exists at a minimum height of ten feet and a depth of 75 feet between the security fence and adjacent properties or rights-of-way; or

(2)

A single row of evergreens in combination with mature vegetation, installed at a minimum height of five feet, and achieving opaqueness and a minimum height of ten feet within five years; or

(3)

A double row of off-set evergreens, absent mature vegetation installed at a minimum height of five feet, and achieving opaqueness and a minimum height of ten feet within five years.

Panels are to be located and situated so that glare does not create a distraction or nuisance to traffic or adjacent residential properties. An engineer or qualified consultant must submit a statement that the glint and glare will not be offensive to residents or traffic.

(b)

Lot size. The minimum lot size required for a ground-mounted solar collection system shall be three acres. This excludes any roof-mounted systems.

(c)

Set backs. A minimum building setback of 250 feet where abutting residential property and 75 feet from public rights-of-way is required for ground mounted systems. This excludes any roof-mounted systems.

(d)

Height limitations. No structure shall exceed a height greater than ten feet, except for existing poles and overhead wiring. This is measured from the finished grade at the base of the structure to its highest point. This would exclude any roof-mounted systems.

(e)

Roof mounted systems. Roof-mounted panels shall not extend beyond the perimeter of the building on which the system is mounted or constructed. The total height of the solar panels shall not exceed the maximum building height of the underlying zoning district. Elevation drawings must be submitted to show:

(1)

The highest finished slope of the solar collector and the slope of the finished roof surface on which it is to be mounted.

(2)

The overall layout of the panels with the distance to the roof edge and any parapets on the building.

(f)

Interconnection lines. All power lines from a ground-mounted solar energy system shall be located underground, excluding existing utilities.

(g)

Noise level limitations. Inverter noise shall not exceed 40 decibels at the property line on which the system is located.

(h)

Controlled access. Access to the site must be controlled by a fence and locked gate of at least eight feet in height, with emergency access allowed 24/7 to emergency/governmental authorities.

(i)

Parking. The minimum number of parking spaces shall be one space for every two employees on the shift of greatest employment, plus one space for every vehicle used for work-related purposes.

(j)

Airport. Solar panels shall not be placed in the vicinity of any airport in any manner that would interfere with airport flight patterns. Any proposed solar system within two miles of an airport shall present evidence of a review by the Federal Aviation Administration (FAA) that indicates that the proposed solar system would not interfere with the normal operation of aircraft in the area.

(k)

Historic districts. No solar project shall be located in a designated historic district.

(l)

Environmentally sensitive areas. Solar projects proposed for development in an environmentally sensitive (i.e. wetland, or any other that is designated as such by local, state, or federal regulations) area must provide an environmental impact statement for evaluation prior to approval.

(m)

Signage. The manufacturer's and/or installer's identification and appropriate warning signs shall be posted in a clear and visible manner at the site. A warning sign concerning voltage must be placed on the main gate and must include the name and contact phone number for the solar energy system operator in case of an emergency. There shall be no commercial signage attached to any project fencing.

(n)

Other conditions. Those that provide adequate protection for adjacent residential prope[rty] lines may be deemed reasonable and appropriate for the type of system and may be added by the planning commission.

(Res. of 5-6-2025(1), § 1)

Sec. 26-398. - Operational considerations.

(a)

Electrical disconnect. The electrical disconnect switch shall be clearly identified and accessible at all times to emergency personnel. The owner must file a map with the Lincolnton Fire Department, depicting the location of the disconnect switch. The owner shall supply for filing with these agencies all emergency contact information.

(b)

Compliance. The developer/owner shall at all times construct and operate the facility in compliance with local, state, and federal guidelines as to soil erosion and sedimentation, storm water management, and all other environmental, cultural, and historical regulations. The owner shall operate the facility in compliance with any interconnection requirements from appropriate public utilities or public utility regulatory agencies.

(c)

Failure to proceed and abandonment. The developer shall submit a decommissioning plan with the initial application to the planning commission for approval. In the event the developer/owner ceases operation of the solar project or begins but does not complete construction of the project, the developer/owner shall restore the site according to the decommissioning plan. Any solar collection device or combination of devices that is not operated for a continuous period of 12 months and for which there are no applications pending for permitted use of the structure at the end of such 12-month period shall be considered abandoned, whether or not the owner or operator intends to make use of the device(s). The owner of an abandoned solar collection device(s) shall be under a duty to remove such device(s) under the decommissioning plan. To the extent allowed by state law, the cost for removal of such device(s) must be sufficiently bonded before the commencement of the project, with the city council being listed as payee in order to ensure timely removal of the devices upon decommissioning. The amount of the bond will be determined by the public service commission or by a certified contractor. A bond certificate must be presented to the city each year, verifying that the bond has been renewed. The bond must remain in effect for as long as the solar farm exists. If such device(s) is/are not removed within a reasonable time, not to exceed three months after receipt of notice from the governing authority notifying the owner of such abandonment, the governing authority may remove the device(s) and use the bond proceeds to pay for the costs of removal. Delay by the governing authority in taking action shall not in any way waive the governing authority's right to take action.

(Res. of 5-6-2025(1), § 1)