Chapter 17.13
DEVELOPMENT STANDARDS FOR SPECIFIC USES
Sections:
17.13.010 Small cell facilities.
17.13.020 Solar energy systems for on-site consumption, ground, roof or building mounted.
17.13.030 Commercial solar energy generating facilities.
17.13.040 Commercial solar energy generating facilities, Community-Scale.
17.13.050 Commercial solar energy generating facilities, Large-Scale.
17.13.060 Summary Chart for Ground-Mounted Community & Large-Scale Solar Standards
17.13.010 Small cell facilities.
A. Small cell facilities on utility poles or other wireless support structures are permitted uses in any zoning district. Small cell facilities owned or operated by commercial telecommunication providers and placed on new (not pre-existing) support structures are subject to the requirements of this section.
B. Site Review Committee approval must be obtained for all small cell facilities and support structures that are subject to the requirements of this section and will require submission of the following:
1. Commercial site plans meeting the requirements for Commercial Review by the Site Review Committee, including a surveyor certification of the exact location of the support structure from property lines and center lines of abutting streets or rights-of-way;
2. Structural plans including elevation and plan views showing height above grade level and dimensions, and information demonstrating the ability of the support structure to safely accommodate the facilities, including, if applicable, information regarding other facilities co-located or planned for co-location on the support structure;
3. Evidence in any form, written or otherwise, demonstrating that no existing structure can accommodate applicant’s proposed facilities, either because there are no existing structures meeting the applicant’s engineering requirements within the geographic area that the facilities are intended to serve, or if there are structures in the geographic area, evidence that such structures do not have sufficient dimensions or structural strength to meet the applicant’s engineering requirements. This section shall not be interpreted to mandate, but rather only to encourage, co-location.
C. All support structures that are no longer used shall be removed within six (6) months of the cessation of operations at the site unless a time extension is approved by the Board of Commissioners of Vanderburgh County. In the event support structures are not removed within six (6) months of the cessation of use, they may be removed by the County and the costs of removal assessed against the property.
(Ord. 06-22-006 § 2, amended, 06/28/2022; Ord. 05-19-005 § 2, added, 04/30/2019. Formerly 17.12.160)
17.13.020 Solar energy systems for on-site consumption, ground, roof or building mounted.
A. Compliance with the limited standards and requirements specific to On-site consumption systems (having a solar array of less than 10 acres in size) established herein allows installation of such a system without obtaining an Improvement Location Permit as long as the energy generated is at least partially used on-site for the principal use.
B. Size for ground-mounted systems.
1. Systems for on-site consumption with a solar array of 10 acres or more shall meet the requirements for large-scale systems in Sections 17.13.030 and 17.13.050, and Chapter 17.28 of this Title.
2. For systems in the A, R-1 or R-2 districts where the lot or parcel contains a principal residential structure, the solar array shall not be larger than the footprint of the structure unless:
a. The system is located on a lot or parcel of 2.5 acres or more, in which case the array may exceed the footprint of the structure, but shall not exceed 5,000 square feet; or
b. The system is on a lot or parcel that also contains an active agricultural use.
C. Location. Solar energy systems for on-site consumption are permitted in all zoning districts, however, ground-mounted systems shall be prohibited in certain settings as described below:
1. In front yard setbacks, and in side yard setbacks on the street side of a corner lot;
2. In front of the principal structure or use unless:
a. they are located at least 200 feet from the front property line; or
b. they are located in an AIR, C-4, M-1, M-2, M-3 or W-I district.
3. In any easement or right-of-way;
4. Over an operational septic field unless approved by the Vanderburgh County Health Department; or
5. Within any storm water conveyance system in a manner that would alter or impede water flow into a constructed storm water conveyance system.
D. Height.
1. While roof or building-mounted solar energy systems are exempt from the height standards of any zoning district, roof mounted systems that are visible from the right-of-way (excluding alleys) must meet the following additional standards:
a. Systems mounted on pitched roofs shall be no more than 10 inches above the roof as measured parallel to the roof line; and
b. In A, R-1 and R-2 districts, systems mounted on flat roofs shall not exceed 5 feet above the finished roof when oriented at maximum tilt.
c. In all other districts, systems on flat roofs shall not exceed 10 feet above the roof.
2. Ground-mounted solar energy systems shall not exceed 15 feet in height when oriented at maximum tilt. Systems attached to light or utility poles are exempt from this height requirement, but shall not exceed the maximum height for the zoning district.
3. Solar carports (including the supporting structure and the array) in non-residential districts shall not exceed 20 feet in height when oriented at maximum tilt.
E. Setbacks (superseding or in addition to those shown in 17.38.010 Table A)
1. Roof or building-mounted solar energy systems shall not project into the front setback of the district in which the lot is located.
2. Solar energy systems may be located in a side yard setback that is not on a street corner, or in a rear yard setback, as long as they meet the following requirements:
a. Roof or Building-mounted Solar Energy Systems – The collector surface and mounting devices for solar energy systems shall not overhang the roof of a building to the extent that they project closer than 2 feet from a property line. Solar collectors mounted on the sides of buildings and serving as awnings are building-integrated systems and are regulated as awnings. Exterior piping for solar hot water systems shall be allowed to extend beyond the perimeter of the building on a side yard exposure except when the structure is built to the property line.
b. Ground-mounted Solar Energy Systems – The collector surface and mounting devices shall not be located closer than 2 feet from a side or rear property line, even where there is no minimum district side or rear yard setback.
3. Setback distance should be measured from the nearest corner or edge of the solar energy array to the property line.
F. Visibility. Solar energy systems in residential districts that are visible from the public right-of-way shall meet the following:
1. Roof-mounted systems on pitched roofs shall have the same finished pitch as the roof (does not apply to flat roofs).
2. All solar energy systems using a reflector to enhance solar production shall be designed so that they do not cause glare onto adjacent properties or into the right-of-way where it could present a safety hazard for street traffic.
G. Lot Coverage and Accessory Structure Area
1. Ground-mounted systems shall be exempt from lot coverage or impervious surface standards where there is vegetation under the collector.
2. Ground-mounted systems shall not count toward any maximum accessory structure area.
H. Other Requirements. Building-Integrated solar energy systems are permitted if the building component in which the system is integrated meets all required setbacks, land use, and performance standards for the district in which the building is located.
(Ord. 06-22-006 § 2, added, 06/28/2022)
17.13.030 Commercial solar energy generating facilities.
A. General requirements for Commercial solar projects are established herein and apply to both types of Commercial solar energy generating facilities-- Community-Scale and Large-Scale.
B. Location.
1. Commercial solar energy systems are prohibited in:
a. front yard setbacks, and in side yard setbacks on the street side of a corner lot;
b. any easement or right-of-way;
c. over an operational septic field unless approved by the Vanderburgh County Health Department; or
d. within any storm water conveyance system in a manner that would alter or impede water flow into a constructed storm water conveyance system.
C. Height. Commercial solar energy generating facilities shall not exceed 20 feet in height when oriented at maximum tilt.
D. Setbacks.
1. Setback distance should be measured from the nearest corner or edge of the solar energy generating facility array (excluding security fencing, screening, or berm) to the property line or the residential structure whichever applies.
2. Property line setbacks between separate parcels which are participating in a solar energy system project, where one of the parcels contains a residence, may be waived upon written agreement of the landowner(s) and such agreement shall be recorded, and a recorded copy provided to the Area Plan Commission as part of any rezoning or special use petitions, or submittals for an Improvement Location Permit application.
E. Screening.
1. Due to the large amounts of land area that can be involved in commercial solar energy generating facilities, two types of landscaped buffers (Street and Property Buffers) with required tree plantings are established herein to help screen these facilities and mitigate any potential impacts.
a. Street Buffer. Along any portion of a solar energy generating facility located adjacent to a street, a landscape buffer with tree plantings is required to be installed and maintained through the life of the project to help enhance the visual appeal of the roadside. The landscape buffer shall comply with the following:
i. It shall be located between the edge of the street right-of-way and the perimeter fencing, and can be within the setback area.
ii. Berms may be incorporated in the buffer area, as long as all plantings are installed along the street side of the berm.
iii. Only trees from the small and medium size tree lists in Appendix B and C of the Evansville Arboricultural Specifications Manual (hereafter referred to as “the Manual”) shall be planted in a street buffer.
iv. The number of trees required to be planted over the total street frontage shall be calculated at: one tree for every 25 linear feet.
b. Property Buffer. Screening in the form of a landscape buffer with tree plantings is also required to be installed and maintained through the life of the project to help provide transition between the proposed Commercial solar energy generating facility and any abutting residential use(s), and to enhance the visual appeal of the site border. The requirements for the property buffer are:
i. The trees shall be located along the length of the common property line between the Commercial solar energy generating facility site and an abutting parcel that contains a residence and that does not contain a commercial solar energy generating facility.
ii. Placement of the trees shall also be on the exterior edge of the setback between the property line of the abutting residential property and the perimeter fence.
iii. Only evergreen trees from the tree lists in the Appendixes of the Evansville Arboricultural Specifications Manual shall be planted in a property buffer (except for Arborvitae trees which are not allowed).
iv. Trees shall be spaced at the minimum separation as recommended in Section 4.4.6 of the Manual (1/3 of the mature canopy spread or width as shown on the tree lists) so that at maturity they will generally form a continuous screen.
v. No screening is required when the abutting residential structure is more than 400 feet from the solar array.
vi. Along an improved right-of-way where both types of buffers could be required due to an abutting residence, the property buffer shall supersede, meaning that the street buffer requirement would not apply.
c. General tree requirements for required plantings.
i. A variety of tree species shall be included (native species preferred).
ii. All tree stock shall be balled and burlapped.
iii. Size at planting – meet specifications in Section 4.2 of the Manual.
iv. Prohibited trees -- No dwarf or multi-trunk trees are allowed.
2. Details on the number and location of tree species to be planted to meet these landscape requirements shall be shown on a landscape plan prepared by a Registered Landscape Architect and submitted to the APC with an Improvement Location Permit Application and site plan. The landscape plan drawing shall be reviewed for a recommendation by a temporary member of the Site Review Committee with expertise in trees (Arborist) to be appointed by the Director, and considered in the permit approval process.
3. Where there are established trees along the site perimeter, the petitioner may provide documentation that the existing trees provide adequate screening, as an alternative to the required plantings, and any existing trees that will provide buffer screening shall be shown on the landscape plan. The tree expert (Arborist) appointed to review the landscape plan must consider whether the use of existing trees provides screening equivalent to or better than the required plantings.
4. The Director may grant waivers or partial waivers of the landscaping requirements where it is reasonable and justified due to specific site conditions or use of existing trees for screening, but only when the appointed tree expert (Arborist) recommends that the plantings be waived.
5. Guidance on planting methods and tree maintenance is also included in the Manual.
F. Power and Communication Lines. Power and communication lines running between banks of solar panels and to nearby project electric substations or interconnections with buildings shall be buried underground.
G. Fencing. Perimeter fencing for the site shall not include barbed wire or razor wire designs.
H. Other Standards and Codes. All solar energy system projects shall comply with all applicable local, state and federal regulatory codes, statutes, ordinances, and permit requirements, including without limitation those addressing building standards, erosion and sediment control provisions, nonpoint pollution discharge elimination system permit requirements and storm water drainage plans.
I. Site Plan and Additional Submittals. In addition to having the appropriate zoning for a commercial solar energy generating facility, an applicant shall submit to the Area Plan Commission an Improvement Location Permit Application and a site plan for Commercial Site Review in accordance with Section 17.36.020 B., along with the following in regard to a proposed solar project:
1. The site plan shall include: locations for the solar array, landscaping, fencing, power grid to be connected to, the location of the connection and its easements, and any other related equipment/structures on the site.
2. If applicable, commitment letters from the utility company(ies) involved for the purchase of electricity to be generated on the proposed site, and/or interconnection letter/agreement for grid-tied solar energy systems.
3. If required, a landscaping plan and the other plan submittals as specified in this Chapter.
4. Normal and emergency shutdown procedures, potential hazards to adjacent properties, public roadways and to the community in general that may be created.
5. A name and phone number of the person responsible for inquiries and complaints throughout the life of the project. The owner/operator shall make reasonable efforts to respond to all inquiries and complaints.
6. Provide a copy of the final construction plans (as-builts) to the APC and to all the Site Review Committee agencies with the required dimensions shown. The Director and the Site Review agencies will determine whether the as-builts meet requirements for issuance of a Certificate of Occupancy.
7. It is the responsibility of the owner or operator listed in the application to inform the Area Plan Commission of all changes of ownership and operation during the life of the project, including the sale or transfer of ownership or operation, and to update as needed the contact information for the person responsible to respond to inquiries and complaints.
J. Aviation Protection. For solar projects located within the AIR district, within 500 feet of the boundary of the AIR district, or within approach zones of an airport, the applicant must complete and provide the results of a qualitative glare analysis of potential impact, field test demonstration, or geometric analysis of ocular impact in consultation with the Federal Aviation Administration (FAA) Office of Airports, consistent with the Interim Policy, FAA Review of Solar Energy Projects on Federally Obligated Airports, or its most recent version adopted by the FAA. Documentation of FAA approval of the analysis shall be provided to the Area Plan Commission before an Improvement Location Permit can be issued.
(Ord. 06-22-006 § 2, added, 06/28/2022)
17.13.040 Commercial solar energy generating facilities, Community-Scale.
A. Standards and requirements specific to Community-Scaled solar (on sites less than 10 acres in size) are established herein to ensure that these facilities fit appropriately into the community with minimal impact on surrounding uses.
B. Rooftop Shared Solar.
1. Rooftop systems are permitted in all districts without a special use;
2. Height. Can exceed the maximum height for the district as long as the solar panels are not taller than 10 feet above the roof line.
C. Ground-Mounted Systems.
1. Setbacks (superseding or in addition to those shown in 17.38.010 Table A);
a. All solar energy system arrays shall have at least a 20-foot setback from any improved right-of way that abuts the solar energy system site;
b. The setback along any solar system property line that is adjacent to a residential use or district shall be a minimum of 20 feet;
c. No setback shall be less than 5 feet along any other property line.
2. Screening. Due to the tighter urban spaces that may be typical for Community-Scaled solar projects, the trees used for the street and property buffers shall have a width of 25 feet or less as shown on the tree lists in the Manual.
3. Ground Cover.
a. The petitioner shall plant, establish and maintain for the life of the project perennial vegetative ground cover on the solar energy system site including the landscaped tree buffer areas.
b. The use of pollinator seed mixes and native or naturalized species for this ground cover is strongly encouraged.
c. Maintenance practices shall control for invasive and noxious species.
4. Decommissioning.
a. Upon filing the site plan for the project, the petitioner shall also submit a written decommissioning and site restoration commitment signed by the owner. This commitment shall acknowledge the owner’s intent to comply with the requirements of this Section for discontinuation of the commercial energy generating activity on the site.
b. At least 60 days before discontinuing the commercial energy generating activity on the site, the owner shall provide to the APC a written notice of intent to decommission the project including a proposed date for completion of final decommissioning.
c. All structures, foundations, roads, other surface gravel, concrete or pavement areas, and cables associated with the project shall be removed.
d. The ground surface of the site shall be restored so that it is reasonably similar to its pre-construction condition.
e. The work to remove the project assets of the solar energy system must be completed no later than one (1) year from the proposed date of final decommissioning provided in the notice.
(Ord. 06-22-006 § 2, added, 06/28/2022)
17.13.050 Commercial solar energy generating facilities, Large-Scale.
A. Standards and requirements specific to ground-mounted, Large-Scale solar (on sites of greater than 10 acres) are established herein to address potential impacts of these facilities on surrounding uses.
B. Setbacks (superseding or in addition to those shown in 17.38.010 Table A).
1. When locating adjacent to a parcel that contains a residence and that does not contain a commercial solar energy generating facility, the solar array shall be setback a minimum of 50 feet from the common lot line(s) between the two properties, or 250 feet from the principal residential structure, whichever is greater.
2. Property line setbacks between separate parcels which are participating in a solar energy system project, where one of the parcels contains a residence, may be waived upon written agreement of the landowner(s) and such agreement shall be recorded, and a recorded copy provided to the Area Plan Commission as part of any rezoning petition or submittals for an Improvement Location Permit application.
3. When locating adjacent to a right-of-way for any public road, the solar array shall have a forty (40) foot setback from the right-of-way.
4. Setbacks for all other property lines shall meet the district setback or be a minimum of ten (10) feet whichever is greater.
C. Screening. Trees acceptable for planting in a property buffer for a Large-Scale solar project shall be evergreens from the medium tree lists in Appendix C of the Manual.
D. Ground Cover.
1. Ground around and under solar panels and in buffer areas shall be planted, established, and maintained for the life of the solar project in perennial vegetated ground cover meeting the definition of “Pollinator-Friendly Habitat” in Section 17.08.030, except in any areas of the site where agrivoltaics will be incorporated.
2. A Pollinator-Friendly seed mix and native plants plan, referred to herein as the “ground-cover plan”, shall be prepared by a Registered Landscape Architect, a Certified Ecologist or a Licensed Horticulturalist and submitted to the Area Plan Commission with the proposed site plan for review by the Site Review Committee.
3. In regard to the seed mix and the implementation of the ground cover requirements, the applicant shall complete and submit the most recent version of the Indiana Solar Site Pollinator Habitat Planning Scorecard developed by Purdue University, or a similar third-party solar pollinator standard designed for eco-systems and conditions found in the Midwest.
4. The ground-cover plan shall be reviewed for a recommendation by a temporary member of the Site Review Committee with expertise in landscaping, ecology or horticulture to be appointed by the Director, and such recommendation shall be considered in the permit approval process.
5. If scorecard results show that the project does not meet the habitat standard (< 100), the applicant shall submit revisions to the seed mix/ground cover plan so that it meets the habitat standard; or detail the site conditions that prevent the project from qualifying with the desired minimum habitat score and propose an alternative means of meeting the habitat and water quality goals of the pollinator-friendly standard.
6. Alternatives to the ground cover plan may be submitted for consideration by the Area Plan Commission, but can only be approved if the alternative first receives a positive recommendation from the local expert appointed to review the ground cover plan in combination with the City Engineer or County Surveyor. Any approval for an alternative ground cover plan shall be granted as part of the rezoning process and recorded with the County Recorder. Approval for a ground cover alternative is not required where agrivoltaics will be incorporated.
7. Best management practices for the on-going maintenance of the pollinator-friendly habitat shall be used so that the ground cover plantings can get established and thrive throughout the life of the project. Sites that do not meet these requirements will be in violation of this Section.
8. The solar energy system site shall be planted and maintained to be free of invasive or noxious species, as listed by the Indiana Invasive Species Council.
9. No insecticide use is permitted on the site, except for use within on-site buildings, around electrical boxes, or for spot control of noxious weeds.
E. Fencing. Perimeter fencing for the site shall be wildlife-friendly allowing for small-to-medium sized, ground-based animals to pass through the bottom portion of the fence, or to pass underneath the fence through appropriately sized and spaced piping or other means. Alternative fencing can be used if the site is incorporating agrivoltaics.
F. Site Plan and Additional Submittals. An applicant for a solar energy generating facility, large-scale, shall submit to the Area Plan Commission an Improvement Location Permit Application and a site plan for Commercial Site Review in accordance with Section 17.36.020 B., along with the following in regard to a proposed solar project as required in this Chapter:
1. If required, a landscaping plan showing the type of trees and the locations of required buffer plantings;
2. A ground cover plan showing the locations and other details of the required pollinator plantings;
3. A decommissioning and site restoration plan to address restoring the site to an acceptable condition at the end of the project’s life; and
4. Other submittals as required herein.
G. Decommissioning.
1. A decommissioning plan shall be submitted to the APC with an Improvement Location Permit Application to ensure that facilities are properly removed after their useful life. The decommissioning plan should address the following items:
a. The anticipated life of the project;
b. The estimated cost of decommissioning and restoration, net of salvage value, in current dollars;
c. A projected time table for decommissioning and restoration to be complete.
2. The applicant shall submit a letter of credit, performance bond or surety bond to the Area Plan Commission prior to issuance of the Improvement Location Permit in the amount of the approved decommissioning cost estimate to ensure that funds will be available for decommissioning and restoration;
3. Periodic review of the cost estimate to account for inflation and current removal costs shall be completed every 5 years, for the life of the project, and be provided to the Area Plan Commission for approval, and any increase in the cost estimate shall be addressed in a corresponding amendment to the surety amount.
4. Decommissioning of the system must occur in the event the project does not produce power for 12 consecutive months. An owner may petition for an extension of this period upon showing of reasonable circumstances that have caused the delay in the start of decommissioning.
5. At least 60 days before discontinuing the commercial energy generating activity on the site, the owner shall provide to the APC a written notice of intent to decommission the project including a proposed date for completion of final decommissioning.
6. All structures, foundations, roads, other surface gravel, concrete or pavement areas, and cables associated with the project shall be removed.
7. The ground surface of the site shall be restored so that it is reasonably similar to its pre-construction condition.
8. All structures that are no longer used at the site shall be removed within six months from the end of the 12-month period referred to above unless a time extension is approved by the Area Plan Commission.
(Ord. 06-22-006 § 2, added, 06/28/2022)
17.13.060 Summary Chart for Ground-Mounted Community & Large-Scale Solar Standards
|
SITE CRITERIA |
COMMUNITY-SCALE SOLAR SYSTEMS |
LARGE-SCALE SOLAR SYSTEMS |
|---|---|---|
|
Size |
Less than 10 Ac. |
10 Ac. or more |
|
Setbacks |
Adjacent to a residence 20 ft. min |
the greater of 50 ft. from the lot line or 250 ft. from a residence |
|
Adjacent to improved R-O-W 20 ft. min. |
Adjacent to improved R-O-W 40 ft. min. |
|
|
Meet district setback or 5 ft. whichever is greater |
Meet district setback or 10 ft. whichever is greater |
|
|
Height |
20 ft max. |
20 ft max. |
|
Tree Buffer: |
Yes |
Yes, except when a residence is greater than 400 ft away |
|
Adjacent to a residence; |
||
|
Adjacent to R-O-W |
Yes |
Yes, 1 tree every 25 LF |
|
Ground Cover - Pollinator plantings |
Yes, encouraged |
Yes, required |
|
ZONING DISTRICTS |
|
|
|
AIR |
Permitted1 |
Permitted1 |
|
A |
Permitted |
Special Use |
|
Residential & PUD |
Special Use |
Prohibited |
|
CO-1, CO-2, C-1 & C-2 |
Special Use |
Prohibited |
|
C-3 (CBD) |
Prohibited |
Prohibited |
|
C-4 |
Permitted |
Special Use |
|
W-R |
Special Use |
Prohibited |
|
W-I |
Permitted |
Special Use |
|
Manufacturing |
Permitted |
Permitted |
FOOTNOTE: Solar energy systems located within the EVAAD require prior approval of the EVAAD.
(Ord. 06-22-006 § 2, added, 06/28/2022)