1.

Solar energy systems constructed prior to the effective date of this title shall not be required to meet the requirements of this chapter.

2.

Any update, modifications, or structural change that materially alters the size or placement of an existing solar energy system shall comply with the provisions of this chapter.

(Ord. No. 18-1133, § 2, 11-20-2018)

1.

The installation and construction of any solar energy system in the City of Red Bank shall be subject to the following development, design and operational standards:

A)

A solar energy system is permitted in all zoning districts as an accessory to a principal use, except in the context of property within the industrial zone. Nothing contained herein shall be construed to prohibit commercial installation of a solar energy system as wither as accessory use or as the principal and/or primary use for parcels zoned "industrial."

B)

A solar energy system shall provide power for the principal use (limited to industrial zone) and/or accessory use of property on which the solar energy system is located and shall not be used for the generation of power for the sale of energy or the gratuitous transfer of energy to other users, except as permitted and/or accepted by the electric power board and/or the Tennessee Valley Authority.

C)

A solar energy system connected or intended to be connected to the utility grid shall at the time of application for the electrical permit provide written authorization from the local utility company acknowledging and approving such connection.

D)

Subject to more particular regulation provisions hereinafter provided in this chapter, a solar energy system may be roof mounted or ground mounted.

E)

A roof mounted system may be mounted on the roof of a principal building or accessory building. No system may be mounted on or attached to the side of any building except for solar canopies. A roof mounted system, whether mounted on the principal building or accessory building, may not exceed the maximum principal building height or accessory building height specified for the building type in the particular, and, applicable zoning district. In no instance shall any part of the solar energy extend beyond the edge (overhang) of roof. No part of any roof or roof line and must at times comply with a maximum height requirement of the underlying zoning district.

F)

A ground mounted system shall not exceed the maximum building height for accessory buildings, no poles or pedestal or other mounted system, including the solar panels, may exceed ten feet of height above ground level.

G)

The surface area of a ground mounted system, regardless of the mounted angle, shall be calculated as part of the overall lot coverage.

H)

Placement.

(i)

A ground mounted system or system attached to an accessory building shall not be located within the front yard of any residentially zoned or commercially zoned property.

(ii)

In industrial zones, no system may be installed, mounted or erected or located any closer to any residentially zoned properties rear or side property lines and no closer than two times the otherwise applicable setback distances.

(iii)

In industrial zones otherwise applicable setback lines shall be applicable.

I)

Except as otherwise specifically provided herein, the minimum solar energy setback distance from the property lines shall be equivalent to the building setback or accessory building setback requirement of the underlying zoning district.

J)

All mechanical equipment associated with and necessary for the operation of the solar energy system shall comply with the following:

(a)

Mechanical equipment not attached to the structure shall be screened from any adjacent property that is residentially zoned or used for residential purposes. The screen shall consist of shrubbery, trees, or other noninvasive plant species which provides a visual screen. In lieu of a planting screen, a decorative fence meeting the requirements of the zoning ordinance may be used.

(b)

Mechanical equipment shall not be located within the front yard of any residentially or commercially zones property nor within the front, side or rear setback for industrial zoned property and shall otherwise comply with the setbacks specified for accessory structures in the underlying zoning district.

K)

Solar panels shall be located such that concentrated solar radiation or glare shall not be directed onto nearby properties or roadways.

L)

All power transmission lines from a ground mounted solar energy system to any building or other structure shall be located underground.

M)

A solar energy system shall not be used to display advertising, including signage, streamers, pennants, spinners, reflectors, ribbons, tinsel, balloons, flags, banners, or other similar materials. The manufacturers and equipment information, warning, or indication of ownership shall be allowed in any equipment of the solar energy system, provided they comply with the prevailing sign regulations.

N)

A solar energy system shall not be constructed until a building/zoning/electrical permit has been approved and issued by the City of Red Bank and as may be applicable, approved by the electric power board.

O)

The design of the solar energy system shall conform to applicable industry standards. A building permit may only be obtained for a solar energy system pursuant to all applicable building, electrical and safety codes and regulations adopted thereunder. All wiring shall comply with the then applicable version of the National Electrical Code (NEC) and shall also require an electric permit from the city prior to installation. The local utility provider shall be contacted to determine grid interconnection and meet metering policies and the applicant shall submit certificates of design compliance obtained by the equipment manufacturer from a certifying organization and any such design shall be certified by an engineer licensed by the State of Tennessee.

P)

The solar energy system shall comply with all applicable City of Red Bank Ordinances and Building Codes so as to ensure the structural integrity and safety of such solar energy system.

Q)

Before any construction can commence of any solar energy systems or be installed or erected, the owner must acknowledge, in writing on the City of Red Bank issued permit that he/she is the responsible party for owning and maintaining the solar energy system.

2.

If a ground mounted solar energy system is removed, any earth disturbance as a result of the removal of the ground mounted solar energy system shall be graded and reseeded.

3.

If a ground mounted solar energy system has been abandoned (meaning not having been in operation for a period of 180 days or more, or is defective or is deemed to be unsafe by the city manager or his/her designee, the solar energy system shall be immediately disconnected from the building and the electric power board shall be notified and the system required to be repaired by the owner, and subject to inspection by the city, required to meet federal, state and local safety standards before resuming operations, or be removed by the property owner within the time period allowed by the building code official. If the owner fails to remove or repair the defective or abandoned solar energy system, city may pursue a legal action to have the system removed at the owner's expense, which cost shall be a municipal lien against the real property upon which the solar energy system is located.

(Ord. No. 18-1133, § 3, 11-20-2018)