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Sheridan City Zoning Code

ARTICLE XXXIII

SOLAR ENERGY SYSTEMS AND BATTERY ENERGY STORAGE SYSTEMS

Sec. 56-740.- Purpose and intent.

The purpose and intent of this article is to:

(a)

Encourage the development and use of solar energy systems and BESS as a renewable energy resource in a manner that protects the public health, safety, and welfare.

(b)

Provide clear, objective, and predictable zoning standards for the installation and operation of solar energy systems and BESS to reduce unnecessary barriers and promote efficient permitting.

(c)

Implement applicable provisions of Colorado law relating to solar access and renewable energy generation.

(d)

Support the city's sustainability, energy efficiency, and greenhouse gas reduction goals, including participation in the SolSmart program and related best-practice initiatives.

(e)

Distinguish between accessory and primary solar energy systems and BESS and apply standards that are proportionate to the scale and impacts of each system type.

(Ord. No. 6-2026, § 4, 4-27-2026)

Sec. 56-741. - Applicability.

(a)

This article applies to the installation, construction, expansion, modification, operation, and replacement of all solar energy systems and BESS within the city.

(b)

Solar energy systems and BESS regulated under this article may be permitted by right, as an accessory use, or as a primary use, depending on system type and zone districts, as provided in this chapter.

(c)

Approval under this article addresses zoning compliance only. All solar energy systems and BESS must comply with applicable building, electrical, fire, and safety codes, and must obtain all required permits and inspections prior to installation and operation.

(d)

This article must not be construed to supersede or limit the application of state or federal law governing solar access, renewable energy systems, electrical energy storage, electrical reliability, or utility interconnection.

(e)

Solar energy systems and BESS lawfully existing prior to the effective date of this article are considered legal nonconforming uses or structures and are governed by the nonconformity provisions of this chapter.

(Ord. No. 6-2026, § 4, 4-27-2026)

Sec. 56-742. - Allowed solar energy system types.

(a)

Roof-mounted solar energy systems are permitted as an accessory use in all zone districts, subject to compliance with this article and all other applicable provisions of this chapter.

(b)

Ground-mounted solar energy systems (accessory) are permitted as an accessory use in all zone districts, subject to compliance with this article and all other applicable provisions of this chapter.

(c)

Ground-mounted solar energy systems (primary use) are permitted only in the following zone districts as a conditional use: BUS-LI (business light industrial) and IND (industrial).

(d)

Accessory battery energy storage systems (accessory) are permitted as an accessory use in all zone districts, subject to compliance with applicable building, electrical, fire, and safety codes and all other applicable provisions of this chapter.

(e)

Battery energy storage systems (primary) are permitted only in the following zone districts as a conditional use: BUS-LI (business light industrial) and IND (industrial).

(f)

Community-scale solar energy systems must be treated as a ground-mounted solar energy system (primary use) unless the system clearly meets the definition of an accessory solar energy system.

(g)

Nothing in this section must be construed to prohibit solar energy systems that are otherwise authorized under state law, provided such systems comply with applicable zoning, building, and safety requirements.

(Ord. No. 6-2026, § 4, 4-27-2026)

Sec. 56-743. - Development standards for roof-mounted solar energy systems.

(a)

Applicability. This section applies to all roof-mounted solar energy systems installed on principal or accessory structures.

(b)

Permitted location. Roof-mounted solar energy systems may be installed on any roof surface of a lawfully existing principal or accessory structure.

(c)

Mounting and orientation.

(1)

On pitched roofs, solar collectors must be mounted parallel to the roof surface to the maximum extent practicable.

(2)

On flat roofs, solar collectors may be mounted at an angle and may exceed the height of the roof surface, subject to subsection (d) of this section.

(d)

Height.

(1)

Roof-mounted solar energy systems on pitched roofs must not extend more than 18 inches above the roof surface at their highest point.

(2)

Roof-mounted solar energy systems on flat roofs may extend up to ten feet above the roof surface, provided the total height of the structure and system does not exceed applicable height limits of the zone district.

(e)

Setbacks. Roof-mounted solar energy systems must not be required to meet additional setbacks beyond those applicable to the structure on which they are mounted.

(f)

Lot coverage. Roof-mounted solar energy systems are not counted toward lot coverage or impervious surface calculations.

(g)

Safety and code compliance. All roof-mounted solar energy systems must comply with applicable building, electrical, fire, and safety codes, including required access pathways for emergency responders.

(h)

Prohibited standards. Roof-mounted solar energy systems must not be subject to requirements based on visibility from public rights-of-way, aesthetic appearance, or architectural style, except as required by applicable building or fire codes.

(Ord. No. 6-2026, § 4, 4-27-2026)

Sec. 56-744. - Development standards for ground-mounted solar energy systems (accessory).

(a)

Applicability. This section applies to ground-mounted solar energy systems that are accessory to a principal use on the same lot.

(b)

Permitted location. Ground-mounted accessory solar energy systems must be permitted in side and rear yards. Front-yard placement must not be permitted.

(c)

Setbacks. Ground-mounted accessory solar energy systems must comply with the minimum setback requirements applicable to accessory structures in the underlying zone districts.

(d)

Height. Ground-mounted accessory solar energy systems must not exceed the maximum height permitted for accessory structures in the underlying zone districts.

(e)

Lot coverage and impervious surface. Ground-mounted accessory solar energy systems must not be counted toward lot coverage or impervious surface calculations, provided the area beneath the system is maintained in a pervious condition.

(f)

Fencing. Fencing must not be required unless necessary to comply with applicable building, electrical, or safety codes.

(g)

Safety and code compliance. All ground-mounted accessory solar energy systems must comply with applicable building, electrical, fire, and safety codes.

(Ord. No. 6-2026, § 4, 4-27-2026)

Sec. 56-745. - Development standards for ground-mounted solar energy systems (primary use).

(a)

Applicability. This section applies to ground-mounted solar energy systems that constitute the primary use of a lot and are permitted as a conditional use in BUS-LI (business light industrial) and IND (industrial) zone districts.

(b)

Minimum lot size. No minimum lot size is required beyond that otherwise applicable to the zone districts.

(c)

Setbacks.

(1)

Ground-mounted solar energy systems (primary) must comply with the minimum yard setback requirements of the underlying zone districts.

(2)

Where a primary-use ground-mounted solar energy system abuts a residential zone district, the conditional use approval may require increased setbacks to mitigate potential land use conflicts.

(d)

Height. The maximum height of solar collectors and associated equipment must not exceed 20 feet above grade, unless otherwise approved as part of the conditional use.

(e)

Accessory equipment. Inverters, transformers, and other accessory equipment associated with a primary-use solar energy system must be permitted on the lot and shall comply with applicable setback and height requirements.

(f)

Screening. Screening may be required as a condition of approval where a primary-use ground-mounted solar energy system abuts a residential zone district. Any required screening shall consist of fencing or landscaping and must not unreasonably reduce solar access.

(g)

Lighting. On-site lighting must be limited to that necessary for safety and security and shall comply with applicable lighting standards of this chapter.

(h)

Safety and code compliance. All primary-use ground-mounted solar energy systems shall comply with applicable building, electrical, fire, and safety codes.

(Ord. No. 6-2026, § 4, 4-27-2026)

Sec. 56-746. - Development standards for battery energy storage systems (primary).

(a)

Applicability. This section applies to BESS that constitute the primary use of a lot and are permitted as a conditional use in BUS-LI (business light industrial) and IND (industrial) zone districts.

(b)

Minimum lot size. No minimum lot size is required beyond that otherwise applicable to the zone district.

(c)

Setbacks.

(1)

Battery energy storage systems (primary) must comply with the minimum yard setback requirements of the underlying zone district.

(2)

Where a battery energy storage system (primary) abuts a residential zone district, the conditional use approval may require increased setbacks to mitigate potential land use conflicts.

(3)

The conditional use approval may require increased setbacks to address fire safety concerns.

(d)

Height. The maximum height of BESS equipment must not exceed 20 feet above grade, unless otherwise approved as part of the conditional use.

(e)

Accessory equipment. Inverters, transformers, and other accessory equipment associated with battery energy storage system (primary) shall be permitted on the lot and must comply with applicable setback and height requirements.

(f)

Screening. Screening may be required as a condition of approval where a battery energy storage system (primary) abuts a residential zone district. Any required screening shall consist of fencing or landscaping.

(g)

Lighting. On-site lighting must be limited to that necessary for safety and security and shall comply with applicable lighting standards of this chapter.

(h)

Safety and code compliance. All primary-use BESS shall comply with applicable building, electrical, fire, and safety codes.

(Ord. No. 6-2026, § 4, 4-27-2026)

Sec. 56-747. - Decommissioning and removal.

(a)

Applicability. This section applies only to ground-mounted solar energy systems or battery energy storage system (primary) that constitute a primary use of a lot.

(b)

Decommissioning required. A ground-mounted solar energy system (primary) or battery energy storage system (primary) must be removed when the system has ceased operation for a continuous period of 12 months.

(c)

Removal obligations. Upon decommissioning, the property owner must remove all solar collectors, batteries, mounting structures, foundations, and related appurtenances to a minimum depth of 36 inches below grade, electrical components, and associated equipment.

(d)

Site restoration. The site must be restored to a safe and stable condition, including regrading as necessary and revegetation of disturbed areas.

(e)

Financial assurance. As a condition of approval, the city may require reasonable financial assurance to ensure decommissioning and site restoration. Any such assurance must be proportionate to the scale of the system and must not be required for accessory solar energy systems.

(Ord. No. 6-2026, § 4, 4-27-2026)

Sec. 56-748. - Nonconformities and existing systems.

(a)

Existing systems. Solar energy systems and BESS lawfully installed prior to the effective date of this article are considered legal nonconforming uses or structures.

(b)

Legal nonconforming solar energy systems and BESS may be maintained, repaired, and have components replaced without loss of legal nonconforming status, provided such work does not increase the degree of nonconformity.

(c)

Any expansion or modification of a legal nonconforming solar energy system or BESS must comply with the provisions of this article.

(Ord. No. 6-2026, § 4, 4-27-2026)