(A) (1) Purpose. The purpose of this section is to facilitate the siting, development, construction, installation, and decommissioning of solar energy systems (SESs) in the city in a predictable manner that promotes and protects the safety, health, and welfare of the community. This section encourages the appropriate siting of SESs to bolster local economic development and job creation, diversify the state's energy portfolio, strengthen energy and grid security, and reduce other environmental impacts. This section also establishes standards and requirements to assure that the use and enjoyment of lands located adjacent to and in the proximity of SESs are fully protected.
(2) The requirements of this section are intended to be supplemental to any safety, health, or environmental requirements of federal, state, or local laws and regulations.
(B) Applicability. This section applies to the siting, construction, installation, and decommissioning of any new SESs within the city on or after the effective date of this section. An SES in operation, or which has begun physical construction prior to this section's effective date, shall be considered to have legal nonconforming status in accordance with KRS 100.253 and § 158.090 of this chapter.
(1) The following are not subject to this section:
(a) Modification to an existing SES that alone or in combination increases the total SES footprint by no more than 5% of the original footprint;
(b) Routine maintenance and repair, including replacement of solar panels, not increasing the SES footprint;
(c) Any SES exempted by the provisions of KRS 100.324. Any exempt SES shall provide the Planning Commission information concerning service facilities which have been located on and relocated on private property in accordance with KRS 100.324(3).
(2) Notwithstanding the exemptions provided by this section, an SES shall comply with all applicable federal, state, and local laws, regulations, and permitting and other requirements, and applicable building, fire, electrical and plumbing codes.
(C) Permit required. A zoning/building permit is required prior to the physical construction of a solar energy system in the city. Prior to the issuance of a zoning/building permit, ground mounted SESs are subject to the site plan review requirements of §§ 158.255 through 158.261 and, where applicable, the conditional use permit requirements of §§ 158.110 through 158.118 of this chapter.
(D) General requirements applicable to integrated and rooftop solar energy systems. Integrated SESs and rooftop SESs are permitted in all districts and on all lands within the city subject to the following requirements:
(1) Solar access. Consistent with KRS 381.200(2), a property owner may obtain a solar easement from another property owner for the purpose of ensuring adequate exposure to sunlight for an integrated or rooftop SES. Where obtained, such easements shall be platted and recorded.
(3) Height restrictions. A rooftop SES shall conform to the height restrictions of the applicable zoning district. A rooftop SES shall be positioned on the roof so as not to extend above or beyond the edge of any ridge, hip, valley, or eave, provided that where it is mounted on a sloped roof, the SES shall not vertically exceed the highest point of the roof to which it is attached by more than five feet.
(4) Lighting. Integrated and rooftop SESs shall not be illuminated and shall be designed and installed to prevent off-site glare.
(5) Historic preservation. Where an integrated or rooftop SES is proposed to be installed on a property located within the Mount Pleasant Historic District, the South Virginia Street Alumni-Latham-Mooreland Historic District, or any historic district hereafter created by City Council, the proposed installation shall be coordinated with any review required under the historic preservation guidelines applicable to such district.
(E) General requirements applicable to ground mounted SESs. Ground mounted SESs are permitted in accordance with the provisions of this section and the provisions of Appendix A of this chapter.
(1) Solar access. Consistent with KRS 381.200(2), a property owner may obtain a solar easement from another property owner for the purpose of ensuring adequate exposure to sunlight for a ground mounted SES. Where obtained, such easement shall be platted and recorded.
(3) Lighting. Lighting of a ground mounted SES shall be limited to the minimum necessary for safe operation, and shall be directed downward, incorporate full cut-off features, and incorporate motion sensors where feasible. Lighting shall be designed to avoid light trespass. Nothing in this section is intended to preclude installation of lighting required by the Federal Aviation Administration.
(4) Height requirements for ground mounted SES. A ground mounted SES shall not exceed 20 feet in height as measured from the highest natural grade below each solar panel. The height restriction excludes utility poles, storage batteries, substation structures, and antennas constructed for the project.
(5) Siting restrictions for ground mounted SES.
(a) Small scale ground mounted energy systems as measured from the outer edge of the nearest panel are not permitted in a required front yard and shall be setback a minimum of 30 feet from any lot line.
(b) An intermediate or large scale ground mounted SES, measured from the closer of the outer edge of the nearest panel or perimeter fencing, shall be located:
1. At least 100 feet from the nearest lot line of any property zoned EST-1, R-1, R-2, R-3, R-4, R-5, B-1 or P-1;
2. At least 100 feet from the nearest lot line of any property containing a residential use (excluding residential uses located on the same lot as the SES);
3. At least 50 feet from the right-of-way boundary of any public road; and
4. Where not addressed by divisions (E)(5)(b)1. through 3. above, at least 30 feet from any lot line.
(c) Setbacks are not required where the property line is shared by two or more participating landowners.
(d) Setback requirements may be expanded by the Board of Zoning Adjustment as a condition of approval of a conditional use permit, where deemed necessary to assure effective screening or separation between uses.
(e) Notwithstanding the provisions of division (D)(5)(b) above, the SES footprint of a large scale ground mounted SES facility which constitutes a siting board regulated SES as defined herein or any large scale SES having a footprint occupying an aggregate of 40 or more contiguous acres shall be located:
1. At least 1,000 feet from any lot line;
2. At least 2,000 feet from the nearest lot line of any property zoned EST-1, R-1, R-2, R-3, R-4, R-5, B-1 or P-1; and
3. At least 2,000 feet from the nearest lot line of any property containing a residential use or quasi-public use.
(6) Screening. Excluding small scale ground mounted energy systems, perimeter screening shall be provided. Screening shall:
(a) Consist of an eight-foot tall fence and a double row of staggered evergreen trees (minimum five feet in height at planting and maturing to a minimum of 15 feet in height);
(b) Evergreen trees shall be planted exterior to the fence and shall be setback no less than 15 feet from any property line;
(c) Screening shall achieve an opacity of 90% to a height of no less than eight feet within three years of planting;
(d) Screening shall be installed within 180 days of the start of physical construction and shall be maintained until the decommissioning of the SES is completed; and
(e) All unhealthy, dead, or noncompliant plantings shall be repaired or replaced within 90 days of such occurrence.
(7) Exception. Unless required as part of a conditional use permit, the planting provisions of this part do not apply along a property or SES footprint boundary in the following instances:
(a) Existing tree lines or plantings are retained on the site which achieve the opacity and minimum planting height as specified above;
(b) The affected property boundary (excluding a right-of-way boundary) abuts property that is zoned I-2 (Heavy Industrial District) and the SES footprint is located not less than 100 feet from the property line; or
(c) The SES development involves the use of berms or natural grade of a height comparable to vegetative screening and effectively obscures visibility from an adjoining property or public right-of-way.
(8) Signage. A ground mounted SES may include such signage as is required by law to provide safety information, and other signage as may be allowed under this chapter.
(9) Decommissioning. Other than as specifically approved by the Board of Zoning Adjustment, decommissioning shall begin no later than 12 months after a ground mounted SES has ceased to generate electricity or thermal energy. All structures and facilities associated with the SES shall be removed within six months of the beginning of decommissioning. All materials shall be recycled or otherwise reused to the extent reasonably practicable and the disturbed areas shall be reclaimed, revegetated and restored.
(10) Application required; supplemental information and exhibits. In addition to the application requirements of § 158.110, et seq. (Conditional use permit), § 158.255, et seq. (Plan review), and § 158.275, et seq. (Zoning/building permit), an application to establish or enlarge an intermediate or large scale ground mounted SES shall include:
(a) Documentation, such as a deed, lease, or other agreement with the landowner, demonstrating the applicant's right to use and control the property;
(b) A description of the project, including the maximum number of modules, mounting type (fixed-tilt or tracking), system height, system capacity, total land area covered by the system, and information on all associated structures and facilities, and substations. The site plan shall also identify existing and proposed temporary or permanent roads, drives, and parking, fencing or other methods to ensure public safety, and a visual buffer plan demonstrating how proposed buffers will effectively screen the proposed SES from adjacent properties and public rights-of-way;
(c) For projects with an SES footprint located within 500 feet of an airport property or within an airport's approach zones or airport imaginary surfaces as defined by the United States Code of Federal Regulations or within 1,000 feet of a SUD41A zoning district, the applicant must complete and provide the results of a glare analysis through a qualitative analysis of potential impact, field test demonstration, or geometric analysis of ocular impact in consultation with the Federal Aviation Administration Office of Airports, the Kentucky Airport Zoning Commission, the Hopkinsville-Christian County Airport, and the United States Army, Fort Campbell Directorate of Public Works;
(d) Proof of adequate casualty and liability insurance covering installation and operation of the SES. The owner or operator shall maintain a current general liability policy covering bodily injury and property damage and shall be required to the name the city as an additional insured with a dollar amount limit not less than $2,000,000 per occurrence, $5,000,000 in the aggregate, and a deductible which is reasonably available and which is mutually suitable to the applicant or successor and the city;
(e) In addition to the exhibits required by Ch. 56 (Erosion Prevention and Sediment Control) and Ch. 155 (Storm Water Management and Control), a description of the measure that will be taken to minimize erosion and sedimentation, and to promptly stabilize and re-vegetate disturbed areas with native vegetation; and
(f) A decommissioning plan prepared by a registered professional engineer, and updated not less than once every five years, containing the following:
1. The anticipated life of the project and defined conditions upon which decommissioning will be initiated;
2. The estimated decommissioning costs, including removal of the SES and related foundations, pads, underground collector lines and roads, transmission lines, and the re-vegetation and restoration of the property, including soils, to its original condition and all calculations supporting the decommissioning estimate;
3. The manner in which the project will be decommissioned, including provision and a timetable for the removal of all structures and foundations, and for the re-vegetation and restoration of the property to its original condition;
4. The manner of SES component disposal including the estimated recycle value of components;
5. The party responsible for decommissioning; and
6. A copy of any lease containing specific agreements regarding decommissioning with the landowner.
(g) (1) A surety instrument in an amount and form acceptable to the Planning Commission sufficient to cover the costs of decommissioning the SES in accordance with the approved plan in the event the applicant defaults in its decommissioning obligations. The surety instrument shall be updated and revised in conjunction with a resubmitted decommissioning plan not less than once every five years.
(2) The posting of a surety instrument by an applicant does not alleviate the property owner, lessee, or any other responsible party from its obligations to decommission the SES in accordance with the approved plan, or otherwise transfer to the city, the Hopkinsville-Christian County Planning Commission, or its employees or agents any responsibility or claim against it under law. The posting of a surety instrument does not preclude or otherwise constrain the ability of the city or its authorized agents to pursue enforcement action as is authorized by the City Code of Ordinances, as amended, or seek other remedies to ensure compliance or abate any violations as is authorized by law.
(Ord. 23-2022, passed 11-15-2022)