11.31 RESIDENTIAL AND NON-RESIDENTIAL DISTRIBUTED SOLAR ENERGY SYSTEMS

A. PURPOSE 1. An ordinance to amend the zoning ordinance of Fountain Green City, by adding a new section to permit solar energy systems as an accessory use to permitted, conditional, and special exception uses in any zoning district. This ordinance aims to promote the accommodation of distributed, on-site residential and nonresidential solar energy systems installed to reduce onsite energy consumption and associated equipment, as well as adequate access to sunlight necessary for such systems. This ordinance does not address utility-scale solar energy systems, intended for the sale of electricity to utilities, industries, and/or businesses. 2. This ordinance permits, as an accessory use, solar energy systems, while protecting the safety and welfare of adjacent and surrounding land uses through appropriate zoning and land use controls. 3. A solar energy system shall be permitted in any zoning district as an accessory use, subject to specific criteria as set forth below. Where general standards and specific criteria overlap, specific criteria shall supersede general standards. Final copy approved by Fountain Green City Council February 18, 2008. Minor changes to 11.3E April 19, 2012. Amended 11.6A and 11.19/20 October 18, 2012. Amended 11.6A September 27, 2018, Subsection 11.31 added October 10, 2019. Subsection 11.32 added July 21, 2022. Added subsection 11.6 A and corrected 11.6 C January 18, 2024. Add section 11.7 new B August 15, 2024. Section 11.33 added June 19, 2025. B. APPLICABILITY 1. This ordinance applies to all distributed solar systems installed and constructed after the effective date of this Ordinance. For purposes of this Ordinance, "solar energy system" means a distributed solar energy system as defined herein. 2. Solar energy systems constructed prior to the effective date of this ordinance shall not be required to meet the requirements of this ordinance. 3. All solar energy systems shall be designed, erected, and installed in accordance with applicable local, state, utility, and national codes, regulations, and standards. C. SAFETY AND INSPECTIONS 1. The design of the solar energy system shall conform to applicable local, state, and national solar codes and standards. A building permit reviewed by department staff shall be obtained for a solar energy system. All design and installation work shall comply with all applicable provisions in the National Electric Code (NEC), the International Residential Code (IRC), International Commercial Building Code, State Fire Code, and any additional requirements set forth by the local utility (for any grid-connected solar systems). 2. The solar energy system shall comply with all applicable Fountain Green City Ordinances and Codes so as to ensure the structural integrity of such solar energy system. 3. Prior to operation, electrical connections must be inspected by an appropriate electrical inspection person or agency, as determined by Fountain Green City. 4. Any connection to the public utility grid must be approved by the appropriate public utility. 5. If solar storage batteries are included as part of the solar collector system, they must be installed according to all requirements set forth in the National Electric Code and State Fire Code when in operation. When no longer in operation, the batteries shall be disposed of in accordance with the laws and regulations relating to hazardous waste disposal along with any other applicable laws and regulations. 6. Unless otherwise specified through a contract or agreement, the property owner of record will be presumed to be the responsible party for owning and maintaining the solar energy system. Restrictions on Solar Prohibitions In accordance with Utah Code 57-13 and Utah Code 10-9a-610, Fountain Green City and the Fountain Green City Zoning Commission maintains and reserves the right to refuse any plat or subdivision plan if deed restrictions, covenants, or other agreements running with the land Final copy approved by Fountain Green City Council February 18, 2008. Minor changes to 11.3E April 19, 2012. Amended 11.6A and 11.19/20 October 18, 2012. Amended 11.6A September 27, 2018, Subsection 11.31 added October 10, 2019. Subsection 11.32 added July 21, 2022. Added subsection 11.6 A and corrected 11.6 C January 18, 2024. Add section 11.7 new B August 15, 2024. Section 11.33 added June 19, 2025. prohibit or have the effect of prohibiting reasonably sited and designed solar collectors or other renewable resource devices. All other portions, parts, and provisions of the Zoning Ordinance of Fountain Green City, as heretofore enacted and amended, shall remain in force and effect.