Severance City Zoning Code

These regulations are enacted to provide for the safety, preserve the health, promote the prosperity, and improve the morals, order, comfort, and convenience of the present and future residents of the Town. By enacting these regulations, the Town intends to facilitate the development of solar facilities within the Town while mitigating potential land use conflicts between such development and existing, as well as planned, land uses.

(Ord. No. 2025-15, § 3(Exh. A), 8-12-25)

All terms used in this Article that are defined in the Act or in commission regulations and not otherwise defined in this Section are defined as provided in the Act or in such regulations as of the effective date of this Article. All other words used in this Article are given their usual, customary, and accepted meaning, and all words that are of a technical nature or peculiar to the solar energy development industry shall be given the meaning that is generally accepted in that industry. When not otherwise clearly indicated by the context of the matter, the following words and phrases used in this Article have the following meanings:

Ground-mounted solar energy facility means a solar energy system that is structurally mounted to the ground and is not roof-mounted. Ground-mounted systems include parking lot or parking canopy solar.

Roof-mounted solar energy facility means a solar energy system that is structurally mounted to the roof of a building or structure not solely designed to support the solar energy system.

Single-family residential solar means any device or structural design feature with the primary purpose of providing for the collection, storage, or distribution of solar energy for space heating, space cooling, electricity generation or water heating for personal use must conform to all IRC building codes and will be permitted through the Town of Severance Building Department.

Solar energy facility means any device or structural design feature with the primary purpose of providing for the collection, storage, or distribution of solar energy for space heating, space cooling, electricity generation or water heating.

Solar facility, small scale means a facility used for the production of electrical energy from energy produced by and collected from the sun, including solar energy collectors, power generation facilities, facilities for storing and transforming energy, other appurtenant facilities and any transmission lines under one hundred and fifteen (115) kilovolts, which is developed for the purpose of supplying or distributing electrical energy to users, a customer or customers and is located on less than twenty (20) acres.

Solar facility, medium scale means a facility used for the production of electrical energy from energy produced by and collected from the sun, including solar energy collectors, power generation facilities, facilities for storing and transforming energy, other appurtenant facilities and any transmission lines under one hundred and fifteen (115) kilovolts, which is developed for the purpose of supplying or distributing electrical energy to users, a customer or customers and is located on twenty (20) acres or more.

Solar facility, large scale means a facility used to produce electrical energy from energy produced by and collected from the sun, including solar energy collectors, power generation facilities, facilities for storing and transforming energy, other appurtenant facilities and any transmission lines, which is developed for the purpose of supplying or distributing electrical energy to users, a customer or customers and has a rated capacity greater than thirty (30) megawatts.

(Ord. No. 2025-15, § 3(Exh. A), 8-12-25)

The Town shall consider the following in making a determination for approving or denying a use by special review for a solar facility:

(a)

Site plan. An approved site plan, following the procedures of Section 16.2.240 of this Code, is required for all small, medium, and large-scale solar facilities prior to building permit approval. In addition to the submittal requirements listed in Article 2 of this Code for a site plan application, the following shall be included:

(1)

Property lines and physical features, including roads, for the project site.

(2)

Proposed changes to the landscape of the site, grading, vegetation clearing and planting, exterior lighting, screening vegetation or structures.

(3)

Location of layout, including without limitation blueprints or drawings of the solar energy system showing the proposed layout of the system, the distance between the proposed solar collection facilities and all property lines and the tallest finished height of the solar collection facilities.

(4)

Name, address, and contact information for proposed system installer.

(5)

Name, address, phone number and signature of the project proponent and all co-proponents or property owners, if any.

(6)

Lot coverage. The area covered by ground-mounted solar energy systems, where the ground beneath is permeable or pervious, shall not be included in calculations for lot coverage for purposes of zoning.

(b)

A decommissioning plan. Adequate financial assurance to cover the decommissioning of the facility may be required as a condition of approval of the decommissioning plan which financial assurance may be posted over the life of the project.

(c)

A landscape/irrigation plan. Landscaping is extremely important for enhancing the quality of development in the area. Trees, shrubs, and other plantings add greatly to the aesthetic appeal while reducing glare. As no single landscaping plan can be prescribed for all developments due to differing land features, solar access, topography and soils, these guidelines encourage flexible and creative landscape designs. Landscaping/screening shall include, at a minimum, decorative fencing, berming and/or vegetation such that the facility is aesthetically pleasing as viewed from adjacent properties and rights-of-way. Native grasses and wildflower mixes are encouraged.

(d)

Property maintenance plan. A property maintenance plan may be required for the facility. The property maintenance plan shall address dust, weeds, and erosion. The property shall be maintained in such a manner as to control dust, weeds and drainage that could cause erosion.

(e)

Stormwater/erosion mitigation plans. For ground-mounted systems, regardless of size, applicants must provide plan(s) showing what measures or best management practices will be used to prevent and/or contain erosion under the drip line of the solar panels.

(Ord. No. 2025-15, § 3(Exh. A), 8-12-25)

(a)

Except during construction, no outdoor storage of any materials and equipment, including but not limited to solar panels and support structures not in operation will be allowed.

(b)

All solar panels and equipment (excluding fencing, poles, buried cables and wires necessary to connect to facilities of the electric utility) shall meet the minimum setbacks. Setbacks shall be measured from the edge of the solar panels and equipment. Per Section 16.9.50, additional setbacks may be required to mitigate noise and visual impacts or to provide for designated road or utility corridors, as identified through the review process.

(c)

Maximum height. The height shall be measured from the highest grade below each solar panel. Ground-mounted solar energy systems shall not exceed twenty (20) feet in height.

(d)

Signage. Clearly visible warning signs shall be placed on the fence, barrier, or facility perimeter to inform individuals of potential voltage hazards.

(Ord. No. 2025-15, § 3(Exh. A), 8-12-25)

Additional setbacks may be required to mitigate noise and visual impacts or to provide for designated road or utility corridors, as identified through the review process. Where appropriate, landscaped berms may be used to reduce setback requirements with Town approval.

(a)

Small-scale.

(1)

Front setback is thirty (30) feet.

(2)

Side setback is ten (10) feet.

(3)

Side corner setback is thirty (30) feet.

(4)

Rear setback is twenty (20) feet.

(5)

Arterial or state highway setbacks are fifty (50) feet.

(6)

Local or collector setbacks are fifty (50) feet.

(b)

Medium-scale.

(1)

Front setback is fifty (50) feet.

(2)

Side setback is ten (10) feet.

(3)

Side corner setback is fifty (50) feet.

(4)

Rear setback is twenty (20) feet.

(5)

Arterial or state highway setbacks are one hundred (100) feet.

(6)

Local or collector setbacks are fifty (50) feet.

(c)

Large-scale.

(1)

Front setback is fifty (50) feet.

(2)

Side setback is ten (10) feet or one-foot per two (2) feet of overall height, whichever is greater.

(3)

Side corner setback is fifty (50) feet.

(4)

Rear setback is twenty (20) feet.

(5)

Arterial or state highway setbacks are one hundred (100) feet.

(6)

Local or collector setbacks are fifty (50) feet.

(Ord. No. 2025-15, § 3(Exh. A), 8-12-25)

Any solar energy system that is no longer producing energy or has been abandoned shall be removed, not including a temporary cease in production for maintenance. The owner or operator shall physically remove the installation within ninety (90) days after the date of discontinued operations or as otherwise provided in the decommissioning plan. Decommissioning shall consist of the following:

(a)

Physical removal of all solar energy systems, structures, and equipment from the site.

(b)

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

(c)

For ground-mounted solar energy systems, stabilization, or revegetation of the site as necessary to minimize erosion. The Town may allow the owner or operator to leave landscaping or designated below-grade foundations to minimize erosion and disruption to vegetation.

(Ord. No. 2025-15, § 3(Exh. A), 8-12-25)