(A) The County Board may approve a commercial solar energy facility special use permit application, if it finds the evidence complies with state and federal law and regulations, and with the standards of this zoning code including the factors listed below. The factors below are applied as a balancing test, not individual requirements to be met.
(1) The establishment, maintenance or operation of the commercial solar energy facility will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare;
(2) The commercial solar energy facility will not be injurious to the uses and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values of surrounding properties;
(3) The establishment of the commercial solar energy facility will not impede the normal and orderly development and improvement of the surrounding properties;
(4) Adequate public utilities, access roads, drainage and/or necessary facilities have been or will be provided;
(5) Adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets;
(6) The proposed commercial solar energy facility is not contrary to the objectives of the current comprehensive plan of the county (if any); and
(7) The commercial solar energy facility shall, in all other respects, conform to the applicable regulations of this chapter and the zoning district in which it is located (if a zoning ordinance is in effect), except as such regulations may, in each instance, be modified pursuant to the recommendations of and approved by the County Board.
(B) Special use permit conditions and restrictions. The County Board may stipulate conditions, guarantees and restrictions, upon the establishment, location, construction, maintenance, and operation of the commercial solar energy facility as are deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements of this chapter.
(C) Revocation.
(1) In any case where a special use permit has been approved for a commercial solar energy facility, the applicant shall apply for a commercial solar energy facility building permit from the county and all other permits required by other government or regulatory agencies to commence construction, and commence and actively pursue construction of the project within 36 months from the date of the granting of the special use permit. If the applicant fails to apply for a commercial solar energy facility building permit from the county and all other permits required by other government or regulatory agencies prior to construction and/or fails to commence and actively pursue construction of the project within the 36 month period, then without further action by the County Board, the special use permit authorizing the construction and operation of the commercial solar energy facility shall be automatically revoked and void. Upon written request supported by evidence that the applicant has diligently pursued issuance of all necessary government and regulatory permits for the project required to commence construction and that any delay in commencement of construction of the project is due to conditions out of his/her/its control, the County Board, in its sole discretion, may extend the above 36-month period by passage of an ordinance that amends the special use permit.
(2) The special use permit shall be subject to revocation if the applicant dissolves or ceases to do business, abandons the commercial solar energy facility or the commercial solar energy facility ceases to operate for more than 12 consecutive months for any reason.
(3) Subject to the provisions of § 156.09, a special use permit may be revoked by the County Board if the commercial solar energy facility is not constructed, installed and/or operated in substantial conformance with the county-approved project plans, the regulations of this chapter, and the stipulated special use permit conditions and restrictions.
(D) Transferability; owner or commercial solar energy facility permittee. The applicant shall provide written notification to the County Board at least 30 days prior to any change in ownership of a commercial solar energy facility of any such change in ownership. The phrase "change in ownership of a commercial solar energy facility" includes any kind of assignment, sale, lease, transfer or other conveyance of ownership or operating control of the applicant, the commercial solar energy facility or any portion thereof. The applicant or successors-in-interest or assignees of the special use permit, as applicable, shall remain liable for compliance with all conditions, restrictions and obligations contained in the special use permit, the provisions of this chapter and applicable county, state and federal laws.
(E) Modification. Any modification of a commercial solar energy facility that alters or changes the essential character or operation of the commercial solar energy facility in a way not intended at the time the special use permit was granted, or as subsequently amended, shall require a new special use permit. The applicant or authorized representative, shall apply for an amended special use permit prior to any modification of the commercial solar energy facility.
(F) Permit effective date. The special use permit shall become effective upon approval of the ordinance by the County Board.
(Ord. O-146-05-23, passed 5-11-2023)