§ 158.230. Solar Energy.

The following provisions are intended to facilitate the commercial generation and distribution of solar power and the use of on-site solar energy systems to meet the energy demands of buildings and support facilities in the City. All solar equipment and devices shall comply with Florida Statutes and shall be certified by the Florida Solar Energy Commission.

(A)

Solar Generation Station . In addition to other applicable sections of this Code, a solar generation station shall be subject to the following provisions:

(1)

Solar generation stations shall require submittal of a site plan application concurrent with a special exception use application. The development shall be subject to the following supplemental criteria:

a.

Physical access to a solar generation station shall be restricted by fencing or walls. Razor wire is prohibited. All fencing and wall details shall be shown on the required site plan.

b.

The devices that capture energy and convert it to electricity shall not be placed in wetlands, environmentally sensitive resources or habitats, imperiled and critically imperiled habitats as defined by the Florida Natural Areas Inventory, and buffers. The development shall comply with the requirements of Chapter 157: Natural Resource Protection of the City Code.

c.

All devices that capture and convert energy to electricity shall be located at least fifty (50) feet from any lot line under separate ownership, unless otherwise approved by the City Council.

d.

All solar generation station sites must comply with the landscaping requirements of Chapter 154: Landscaping and Land Clearing of the City Code.

e.

On-site power lines shall be placed underground to the maximum extent possible.

(B)

Solar Energy System. In addition to other applicable sections of this Code, a solar energy system shall be subject to the following provisions:

(1)

All solar panels and devices are considered structures and subject to the requirements for such, together with all other applicable building codes and ordinances, unless otherwise provided for in this Code. Solar panels installed on roofs are exempt from the building height requirements. Solar panels installed on rooftops shall be located two (2) feet from the roof edge.

(2)

Ground or pole mounted systems shall be limited to a height of ten (10) feet above the finished floor elevation of the principle structure.

(3)

Solar energy systems shall not be located in front or side corner yards of any parcel unless the following are met: 1) the conditions of the side and back yards prohibit the installation of a system, and 2) adequate buffering along the adjacent roadway is provided and 3) the location is approved by the Director of Planning and Zoning.

(4)

Solar ground and pole mounted systems may be located no closer than six (6) feet to any side lot line and ten feet to any rear lot line.

(5)

Solar collectors may be co-located on communication towers, and parking lot and street light poles, in which case the height and setback requirements for said tower/pole shall apply.

(6)

All new exterior electrical lines and utility wires connecting a ground or pole mounted solar system to the building it serves shall be buried underground.

(7)

The City Council may allow for modification of these accessory use provisions when the solar energy system will serve buildings within a planned unit development project. The modification shall be identified in the PUD Document adopted by the ordinance granting approval to the planned unit development.

(8)

Waiver. In the event any of the provisions in section 158.230 have the effect of prohibiting the installation of a solar energy system, the applicant shall have the right to apply for a waiver from these provisions to the Director of Planning and Zoning. The Director may grant a waiver upon determining that a strict application of the Code would result in prohibiting the installation of a solar energy system.

(9)

Any approval of a solar energy system does not create any actual or inferred solar energy system easement against adjacent property and/or structures. The owner and/or property owner of a solar energy system shall not infer or claim any rights to protective writs to any caused shadows or operating ineffectiveness against future development adjacent to or higher than the property location of the solar energy system. The approval of any solar energy system granted by the City of Port St. Lucie shall not create any future liability or infer any vested rights to the owner and/or property owner of the solar energy system on the part of the City for any future claims against said issuance of approval of the solar energy system that result from reliance on this section or any administrative decision lawfully made thereunder.

(Ord. No. 11-14, § 1, 3-14-11; Ord. No. 15-85, § 1, 12-7-15)