(A) The provisions of this subchapter are applicable to those zoning districts that allow or may allow a solar energy system (SES). See § 156.414.
(B) Provisions of this subchapter that are specifically applicable to a noncommercial solar energy system (SESNC) shall apply to an SES-NC only.
(C) Provisions of this subchapter that are specifically applicable to a commercial solar energy system (SES-C) shall apply to an SES-C only.
(D) (1) Provisions without reference to a specific type of SES shall apply to either type of SES, unless determined otherwise by the Plan Administrator of the APC.
(2) An applicant for a SES may appeal the requirement, decision, or determination of the Administrator in the manner prescribed by applicable Rules of the Wayne County, Indiana Board of Zoning Appeals (BZA), the Wayne County Zoning Ordinance (Zoning Ordinance), and statute(s).
(E) When any part of the development, construction, rehabilitation, operation, decommissioning, or restoration of a SES requires action, recommendations, hearing and/or decision pursuant to the provisions of the Zoning Ordinance, notice shall be given pursuant to the Zoning Ordinance and the applicable By-Laws of the APC and the Rules of Procedure (Rules) of the BZA.
(Ord. 2023-01, passed 4-12-2023)