The solar overlay zone (SOZ) is intended to allow a legislatively adopted overlay zone that permits a large solar energy system. This chapter also establishes minimum requirements and regulations for the placement, construction, and modification of large solar energy systems, as defined in section 101-1-7, while promoting the safe, effective and efficient use of these energy systems.

(Ord. No. 2019-2, Exh. A, 2-5-2019)

The SOZ is an overlay zone only allowable in the M-3 and A-3 zones and in compliance with this chapter.

(Ord. No. 2019-2, Exh. A, 2-5-2019)

In addition to the uses allowed in the specific underlying zone, the following uses are permitted in the SOZ:

1. Accessory building incidental to the use of a main building; main building designed or used to accommodate the main use to which the premises are devoted; and accessory uses customarily incidental to a main use.
2. Large solar energy system.
3. Public utility substation, in compliance with standards of title 108, chapter 10.

(Ord. No. 2019-2, Exh. A, 2-5-2019)

Any solar energy system that uses lenses or mirrors to focus or reflect sunlight is prohibited.

(Ord. No. 2019-2, Exh. A, 2-5-2019)

In addition to the rezone procedures found in title 102, chapter 5, the following supplemental rezone and development agreement procedures apply to the SOZ:

1. Overlay zone termination. The SOZ shall terminate and be removed from the county zone map, and the development agreement shall also terminate, for any of the following reasons:
   1. The term of the development agreement expires and is not renewed;
   2. The large solar energy system use is discontinued or abandoned;
   3. The solar entity or landowner defaults on any part of the agreement, and the default is not resolved within the time specified by the development agreement; or
   4. The ownership of the large solar energy system or the ownership of the land changes. However, at the sole discretion of the county commission, an existing development agreement may be amended by legislative authority to apply to new owners without causing an expiration of the overlay zone.
2. Development agreement. The SOZ requires special consideration related to site specific circumstances. As such, prior to adopting the SOZ for any particular property, a development agreement shall be negotiated by mutual agreement between the county, the solar entity, and, if different than the solar entity, the landowner.
   1. Execution of the development agreement shall be deemed a legislative action.
   2. The development agreement shall be in a form as approved by the county attorney, and shall be executed simultaneous with the adoption of the SOZ.
   3. The development agreement may address specific topics as deemed appropriate by the negotiating parties, but at a minimum, shall provide the following:
      1. All applicable provisions of this section;
      2. A site plan, showing location of all facilities, equipment, infrastructure, and screening and vegetation;
      3. A solar equipment treatment plan that demonstrates mitigation of detrimental effects of solar energy system on migratory fowl;
      4. Performance measures necessary to ensure proper site reclamation at the expiration or discontinuance of the use;
      5. Definitions and procedures regarding default, including the results of a default; and
      6. A property legal description, including all acreage necessary to meet the minimum site requirement of this chapter. The legal description shall include all new acreage in a SOZ overlay so that all area in a SOZ is regulated by a development agreement.
   4. As a baseline for negotiation, the standards applicable for conditional uses, as found in section 108-4-5(c), shall be addressed by the applicant prior to any action on the overlay zone. Actual implementation of a conditional use standard shall be at the discretion of the county commission and shall be executed as part of the development agreement. Use of a conditional use standard shall not constitute an administrative approval of a conditional use.

(Ord. No. 2019-2, Exh. A, 2-5-2019)

In addition to the development standards of the applicable underlying zone, the following site development standards apply to the SOZ. For the purpose of this chapter, the term "site" shall mean an entire contiguous area described in the applicable development agreement.

1. Site area. The minimum contiguous site area shall be 100 acres.
2. Site setbacks.
   1. Minimum setback of open-air solar equipment shall be:
      1. Thirty feet from the perimeter of the site.
      2. Five hundred feet from adjacent property containing a residential use. This may be reduced to 30 feet if the entire use is completely obscured from view from the adjacent property containing the residential use by berms, vegetation, or opaque fence or wall.
      3. One thousand feet from any zone in which the overlay zone is not permitted by this chapter. This may be reduced to 200 feet if the entire use is completely obscured from view from the properties in the other zone(s) by berms, vegetation, or opaque fence or wall.
   2. Minimum setback of accessory use shall be 30 feet from any street right-of-way and ten feet from the perimeter of the site.
3. Height.
   1. Maximum height of open-air main or accessory use shall be 15 feet.
   2. Maximum height of accessory building shall be 25 feet.
4. Site design requirements. As applied to uses allowed by this overlay zone, the requirements of this chapter and any site design standard or requirement adopted in the development agreement constitute the entire design requirements for the site. No other design, architectural, landscaping, or screening requirements found elsewhere in this land use code shall apply.

(Ord. No. 2019-2, Exh. A, 2-5-2019)