A building-mounted solar energy system shall be subject to the following regulations:

(a)

Location. Subject to the following restrictions, building mounted solar energy systems shall be allowed in all zoning districts.

(b)

Placement.

1.

No solar energy system shall be mounted or affixed to any freestanding wall or fence.

2.

Panels and building mounts shall be installed per manufacturer's specifications.

3.

In residential zoning districts and in the central business district, a solar energy system for aesthetic reasons shall not be located on the front slope of a pitched roof unless no other location for the solar energy equipment is feasible. The City of Sylvester may require sun and shadow diagrams specific to the installation to ensure compliance with this provision.

4.

Glare: All solar panel energy systems shall be placed such that concentrated solar radiation or glare does not project onto nearby structures or roadways.

(c)

Height. Building-mounted solar panels or systems shall not exceed four feet above the height of any principal building on the site.

(d)

Permits and code compliance. A building permit shall be required for installation of all building-mounted solar energy systems.

(Ord. No. 2015-07, § 2, 8-17-2015)

A ground-mounted solar energy system shall be subject to the following regulations:

(a)

Location.

Permitted Districts:

C-2, Commercial, Highway

C-PUD, Commercial Planned United Development

AG, Agriculture

M, Manufacturing

FH, Flood Hazard District

Prohibited Districts:

R-1, Single Family Residential District

R-2, One, Two and Multiple Family Residential District

R-PUD, Residential Planned Unit Development

R-OI, Restricted Office Institutional

C-1, Commercial Central Business District

(b)

Placement.

1.

A ground-mounted solar energy system shall not be located within the front yard set-back area set forth on article XIX. In district where no front yard set-back is required, the ground-mounted solar energy system shall not be located within 30 feet of the road fronting the piece of property.

2.

A ground-mounted system shall not be located over a septic system, leach field area or identified reserve area unless approved by the health department.

3.

If located in a floodplain or an area of known localized flooding, all panels, electrical wiring, automatic transfer switches, inverters, etc. shall be located above the base flood elevation.

4.

Panels and ground mounts shall be installed per manufacturer's specifications.

5.

All ground-mounted solar energy systems shall be placed so that concentrated solar radiation or glare does not project onto nearby structures or roadways.

(c)

Maximum area coverage. A solar energy system shall not exceed 50 percent of the footprint of the principal building served. For residential properties located in agricultural districts, a ground-mounted solar energy system shall not exceed 25 percent of the footprint of the principal building served.

(d)

Height. The maximum height of a ground-mounted solar energy system shall not exceed the maximum building height for accessory buildings in the zoning district in which it is located, set forth in article XIX or 20 feet, whichever is less.

(e)

Permitting. A building permit is required for any ground-mounted solar energy system and for the installation of any thermal solar energy system.

(Ord. No. 2015-07, § 2, 8-17-2015)

In districts where permitted, a "solar energy facility" or "solar farm," as defined in section 2.01, shall be subject to the following regulations:

(a)

Location.

Permitted Districts:

AG, Agriculture

M, Manufacturing

FH, Flood Hazard District

Prohibited Districts:

R-1, Single Family Residential District

R-2, One, Two and Multiple Family Residential District

R-PUD, Residential Planned Unit Development

R-OI, Restricted Office Institutional

C-1, Commercial Central Business District

C-2, Commercial, Highway

C-PUD, Commercial Planned United Development

(b)

Mounting.

1.

Solar panels or solar arrays shall be mounted onto a pole, rack or suitable foundation, in accordance with manufacturer specifications, in order to ensure the safe operation and stability of the system. The mounting structure (fixed or tracking capable) shall be comprised of materials approved by the manufacturer, which are able to fully support the system components, in accordance with applicable building permit requirements. Electrical components of the facility shall meet applicable electrical code requirements, and all electrical wires and lines less than 100 kV that are used in conjunction with the solar energy facility shall be installed underground.

2.

Multiple mounting structures shall be spaced apart at the distance recommended by the manufacturer to ensure safety and maximum efficiency.

(c)

Setbacks. A solar energy facility and its appurtenant components and structures shall be set back a minimum of 50 feet from all property lines and 100 feet from any residence.

(d)

Placement.

1.

When located in agricultural zoning districts, the solar energy facility shall be located as much as possible to minimize impacts on prime agricultural soils.

2.

If located in a floodplain or an area of known localized flooding, all panels, electrical wiring, automatic transfer switches, inverters, etc. shall be located above the base flood elevation.

3.

Components of the facility shall not be located over a septic system, leach field area or identified reserve area unless approved by the Health Department.

(e)

Screening. The facility shall be fully screened from adjoining properties and adjacent roads using the natural topography or by installation of an evergreen buffer capable of reaching a height of six feet within three years of planting, with at least 75 percent opacity at the time of planting.

(f)

Height.

1.

Freestanding solar panels or solar arrays shall not exceed 25 feet in height as measured from the grade at the base of the structure to the highest point.

2.

Mounted solar panels or solar arrays shall not exceed eight feet above the apex of the structure on which it is mounted or the maximum height for buildings in the zoning district in which it is located.

(g)

Security.

1.

Unless 24-hour security guards or video surveillance is provided at the installation, the solar energy facility shall be enclosed by a security fence no less than six feet nor greater than eight feet in height.

2.

Access gates and equipment cabinets must be locked when not in use.

(h)

Noise. Inverter noise shall not exceed 40 dBA, measured at the property line.

(i)

Glare and lighting.

1.

The solar energy system components shall be designed with an antireflective coating or at least shall not produce glare that would constitute a nuisance to occupants of neighboring properties, aircraft, or persons traveling adjacent or nearby roads.

2.

If lighting is required, it shall be activated by motion sensors, fully shielded and downcast type where the light does not spill onto any adjacent property or into the night sky.

(j)

Maintenance and upkeep. Systems shall be maintained in accordance with manufacturer's specifications. The operator of the facility shall maintain the facility, including all buffer screening, in compliance with the approved plans and shall keep the facility free from weeds, dust, trash and debris.

(k)

Site plan review and development permit. A site plan reviewed and approved by the planning division shall be required prior to issuance of a development permit. In addition to requirements for site plans generally, the site plan submission shall include the following information: The proposed location and dimensions of all solar panels, inverters, existing and proposed structures, screening, fencing, property lines, parking, access driveways and turnout locations, ancillary equipment, transmission lines, vegetation, the location of any residences on site and within 100 feet of the perimeter of the facility, the location of any proposed solar access easements, and standard drawings of solar energy system components.

(l)

Additional submission requirements. In addition to requirements for information to be provided during the site plan review and development permitting process, the facility shall not be approved for operation until the following are submitted:

1.

Copy of all lease agreements and solar access easements.

2.

Where interconnection to an electric utility grid is proposed, the applicant shall submit evidence that the electrical utility provider has been informed of the customer's intent to install an interconnection with the local electric utility grid. A copy of the approval from the local utility must also be provided before operation of an interconnected facility will be authorized.

3.

A decommissioning plan for the anticipated service life of the facility or in the event that the facility is abandoned or has reached its life expectancy.

4.

The city may require other studies, reports, certifications, and/or approvals be submitted by the applicant to ensure compliance with this section.

(Ord. No. 2015-07, § 2, 8-17-2015)

(a)

The owner of a solar electrical system is required to notify the City of Sylvester immediately upon cessation or the discontinuation of the operation. The solar electrical system shall be perceived to be discontinued or abandoned if no electricity is generated by such system for a period of 12 continuous months.

(b)

The solar electrical system owner shall then have 12 months in which to dismantle and remove the system including all solar related equipment or apparatuses related thereto included but not limited to buildings, cabling, electrical components, roads, foundations and other facilities from the property. If the owner fails to dismantle and/or remove the solar electrical system within the established time frames, the municipality may complete the decommissioning at the owner's expense.

(Ord. No. 2015-07, § 2, 8-17-2015)