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Macomb City Zoning Code

ARTICLE IX

SOLAR ENERGY SYSTEMS

Sec. 17-950.- Definitions.

Unless specifically defined below, words or phrases in this article shall be interpreted giving them the same meaning as they have in common usage and so as to give this article its most reasonable application.

Building-integrated solar energy system means an active solar energy system that is an integral part of a principal or accessory structure, rather than a separate mechanical device, replacing or substituting for an architectural or structural component of the building. Building-integrated systems include, but are not limited to, photovoltaic or hot water solar energy systems that are contained within roofing materials, windows, skylights, or awnings.

Concentrated solar thermal technology means a solar energy technology that uses lenses or mirrors, and often tracking systems, to focus or reflect a large area of sunlight into a small area.

Ground-mounted solar energy system means a solar energy system mounted on a rack or pole that is attached to or ballasted on the ground. Ground-mounted systems can be either accessory or principal uses.

Principal/primary use or structure means a primary use is the principal or dominant use of the land, such as residing in a home, running business or manufacturing a product. The principal structure is the main structure on the property permitted by right.

Rated nameplate capacity means the maximum rated output of electric power production of the photovoltaic system in watts of direct current (DC).

Roof-mounted solar energy system means a solar energy system that is fastened to or ballasted on a building roof. Roof-mounted systems are accessory to the principal use.

Solar array means a solar array is a group of solar panels wired together. An array consists of multiple solar modules (solar panels).

Solar energy system means a device or structural design feature to provide for the collection, storage and distribution of solar energy for space heating or cooling, electricity generation, or water heating.

Solar energy system, large-scale means a ground-mounted solar energy system that occupies more than 40,000 square feet of surface area or equivalent to a rated nameplate capacity of about 250kW DC or greater.

Solar energy system, medium-scale means a ground-mounted solar energy system that occupies more than 2,000 but less than 40,000 square feet of surface area or equivalent to a rated nameplate capacity of about 12—250 kW DC.

Solar energy system, small-scale means a ground-mounted solar energy system that occupies 2,000 square feet of surface area or less or equivalent to a rated nameplate capacity of about 12 kW DC or less.

Solar panel means a device that is used to convert radiant solar energy into electrical current.

(Ord. No. 21-24, § 4(Exh. A), 12-20-21)

Sec. 17-951. - General development standards.

Small-, medium- and large-scale solar energy systems proposed within all zoning districts shall comply with the general development standards as specified within this Code. These standards shall include landscape buffering, natural resource protection provisions, signage, outdoor lighting, and traffic/access. Approval of general development standards may be obtained concurrently at the time of any required special/conditional use or prior to permit issuance for those uses permitted in the underlying zoning district. All installations shall require the issuance of a permit from the office of community development prior to commencement of installation and payment of the fee as set forth in section 24-6.

(Ord. No. 21-24, § 4(Exh. A), 12-20-21)

Sec. 17-952. - Setbacks and lot coverage.

(a)

Principal use setbacks.

(1)

Small, medium and large-scale ground-mounted solar energy systems must meet the setback requirements for a principal structure in the underlying zoning district.

(2)

In addition to setback requirements for principal structures, medium and large-scale ground-mounted solar energy systems shall be located a minimum of 50 feet from any existing residential structures on any adjoining parcel.

(b)

Accessory use setbacks.

(1)

All ground-mounted solar energy systems must meet the setback requirements for an accessory structure in the underlying zoning district.

(2)

The total height shall not exceed 15 feet, as measured from grade to the highest point of the solar arrays.

(3)

In addition to setback requirements for accessory structures, ground-mounted accessory use solar energy systems shall be located a minimum of 30 feet from any existing habitable structures on any adjoining parcel.

(c)

Street setbacks. Accessory use ground-mounted solar energy systems located in residential zoning districts shall not be located between the principal building and any road right-of-way.

(d)

Lot coverage. Ground-mounted solar panels shall not be included in calculations for lot coverage or impervious surface ratio (ISR).

(e)

Accessory use lot coverage.

(1)

Accessory use ground-mounted solar energy systems accessory to residential uses located in residential zoning districts shall not exceed five percent of the net buildable area of a lot, or 500 square feet, whichever is less.

(2)

Accessory use ground-mounted solar energy systems located in residential zoning districts shall not exceed 20% of the rear yard area.

(Ord. No. 21-24, § 4(Exh. A), 12-20-21)

Sec. 17-953. - Height.

(a)

Ground-mounted principal use height. The total height shall not exceed ten feet, as measured from grade to the highest point of the solar arrays. In instances when greater height is deemed necessary to allow for maximum efficiency of the solar energy system, or when necessary to address site constraints such as topography, the community development coordinator shall be authorized to allow a maximum height of 15 feet.

(b)

Ground-mounted accessory use height. The total height shall not exceed ten feet, as measured from grade to the highest point of the solar arrays. In instances when greater height is deemed necessary to allow for maximum efficiency of the solar energy system, or when necessary to address site constraints such as topography, the community development coordinator shall be authorized to allow a maximum height of 15 feet.

(c)

Roof-mounted height exception.

(1)

Roof-mounted solar energy systems are exempt from zoning district height limits. However, roof-mounted solar energy systems shall not exceed six feet above the height of the building, or the minimum height required to meet applicable building or fire regulations.

(2)

Roof-mounted solar energy systems are exempt from zoning district height limits on structures with a flat roof and shall not exceed six feet above the height of the building, or the minimum height required to meet applicable building or fire regulations. Roof-mounted systems on pitched roofs that are visible from the nearest edge of the front right-of-way shall have the same finished pitch as the roof and be no more than ten inches above the roof.

(Ord. No. 21-24, § 4(Exh. A), 12-20-21)

Sec. 17-954. - Additional provisions and exceptions.

(a)

Exceptions.

(1)

Ground-mounted accessory solar energy systems shall not be counted towards the maximum number of accessory structures on a single parcel, provided they comply with all other general accessory use standards.

(2)

Mechanical and electrical storage systems associated with solar energy systems may encroach into required setbacks, provided they do not encroach more than three feet into a required setback and are located at least four feet from all lot lines.

(b)

Utility connection. A principal use solar energy system connected to the utility grid must provide written authorization from the local utility company acknowledging and approving such connection prior to building permit issuance.

(c)

Lighting. Lighting of ground-mounted solar energy systems shall be consistent with local, state, and federal laws. Lighting of other parts of the installation, such as appurtenant structures, shall be limited to that required for safety and operational purposes, and shall be reasonably shielded from abutting properties. Where feasible, lighting of the solar energy system shall be directed downward and shall incorporate full cut-off fixtures to reduce light pollution.

(d)

Signage. Signs on principal use ground-mounted solar energy systems shall comply with the signage requirements of the city's municipal code and underlying zoning district. A sign consistent with a city's municipal code shall be required to identify the owner and provide a 24-hour emergency contact phone number.

(e)

Native plantings. In order to prevent erosion, manage run-off, and provide ecological benefit, medium and large-scale ground-mounted solar energy systems shall be planted with "low-profile" native prairie species and use a mix appropriate for this region and site-specific soil conditions. Landscaping plans should take into account the Pollinator Friendly Solar Site Act, 525 ILCS 55/1, which establishes a scorecard for solar site vegetation that provides foraging habitat for game birds, songbirds, and pollinators, and prevents weeds, reduces storm water runoff, and erosion.

(f)

Concentrated solar technology. No solar energy system may utilize concentrated solar thermal technology in any zoning district.

(g)

Egress path for first responders. All roof-mounted solar installations shall allow for a minimum path of at least 36 inches from window to eave for emergency escape and rescue.

(Ord. No. 21-24, § 4(Exh. A), 12-20-21)

Sec. 17-955. - Decommission and abandonment.

(a)

Removal requirements.

(1)

Any ground-mounted solar energy system which has reached the end of its useful life or has been abandoned shall be removed and decommissioned. The owner or operator shall physically remove the installation no later than 150 days after the date of discontinued operations. The owner or operator shall notify the office of community development of the proposed date of discontinued operations and plans for removal.

(2)

Decommissioning shall consist of:

a.

Physical removal of all solar energy systems, structures, equipment, security barriers and electrical wiring lines from the site.

b.

Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations.

c.

Stabilization or re-vegetation of the site as necessary to minimize erosion. The permitting authority may allow the owner or operator to leave landscaping or designated below-grade foundations or electrical wiring in order to minimize erosion and disruption to vegetation.

(3)

Absent notice of a proposed date of decommissioning or written notice of extenuating circumstances, a principal use or accessory use medium/large scale ground-mounted solar energy system shall be considered abandoned when it fails to operate for more than one year without the written consent of the office of community development.

(4)

If the owner or operator of the solar energy system fails to remove the installation in accordance with the requirements of this section within 150 days of abandonment or the proposed date of decommissioning, the office of community development retains the right to enter and remove an abandoned, hazardous, or decommissioned ground-mounted solar energy system and lien the property for such costs. As a condition of site plan and/or special/conditional use permit approval, the applicant and landowner shall agree to allow entry to remove an abandoned or decommissioned installation.

(b)

Decommissioning plan and assurances.

(1)

Prior to permit issuance, the operator shall prepare a decommissioning plan which shows the final site conditions after a medium/large scale ground-mounted solar energy system has been removed from the property. Decommissioning shall include the removal of all elements listed in subsection (a)(2) above. Access roads, fencing, groundcover, and landscaping may remain only if it can be shown to be compatible with the future use of the property.

(2)

Prior to permit issuance, the operator shall submit an engineer's estimate of probable cost for decommissioning a medium/large scale ground-mounted solar energy system and restoring the site in accordance with the approved decommissioning plan.

(Ord. No. 21-24, § 4(Exh. A), 12-20-21)