§ 17.57

A.

The purpose of this chapter is to regulate the establishment and expansion of commercial solar energy facilities in the City of Blythe in order to protect the public health, safety, and welfare and ensure that such facilities are compatible with surrounding land uses.

B.

This chapter shall apply to any project that consists of the establishment or expansion of a commercial solar energy facility.

(Ord. No. 943-U, § 4, 9-9-25; Ord. No. 944, § 4, 11-12-25)

The terms used in this chapter shall have the meanings set forth in Chapter 17.04 (Definitions) of this title.

(Ord. No. 943-U, § 4, 9-9-25; Ord. No. 944, § 4, 11-12-25)

17.57.030 - Permit required; exception.

A.

No person may establish or expand a commercial solar energy facility without first obtaining a conditional use permit, except as otherwise provided in this chapter.

B.

Notwithstanding subsection A above, a commercial solar energy facility may be established or expanded without obtaining a conditional use permit if: (1) the facility is installed on the roof of an existing building or on a parking canopy at an existing parking lot; and (2) all other requirements of this chapter are met. For purposes of this subsection, "existing parking lot" means an area designated and used for parking of vehicles as of the time the commercial solar energy facility is established and for at least the previous two years.

(Ord. No. 943-U, § 4, 9-9-25; Ord. No. 944, § 4, 11-12-25)

An application for a conditional use permit for a commercial solar energy facility shall be made in writing on a form approved by the director and shall be accompanied by the required fee in the amount established by resolution of the city council.

(Ord. No. 943-U, § 4, 9-9-25; Ord. No. 944, § 4, 11-12-25)

In addition to the findings that must be made to approve a conditional use permit pursuant to Chapter 17.68 of this title, the following findings shall be made prior to approving a conditional use permit for a commercial solar energy facility:

A.

The proposed facility complies with all of the development standards set forth in this chapter.

B.

The proposed site is adequate in size and shape that accommodate the facility, landscaping, and other development features prescribed in this title or as otherwise required in order to integrate said use with the surrounding uses.

C.

The proposed site is adequately served by the surrounding streets, which are of sufficient width and improved as necessary to carry the anticipated daily vehicle trips such use would generate; and by other public and private service facilities, including sewer, water, fire, and police services as required.

D.

The project has undergone analysis under the California Environmental Quality Act.

(Ord. No. 943-U, § 4, 9-9-25; Ord. No. 944, § 4, 11-12-25)

Nothing in this chapter, and no permit or permission granted pursuant to this chapter, waives any other requirement of this code, including, but not limited to, the requirement to obtain all applicable building permits for the construction or expansion of a commercial solar energy facility.

(Ord. No. 943-U, § 4, 9-9-25; Ord. No. 944, § 4, 11-12-25)

A.

Location. A commercial solar energy may be located only in the zones designated in Section 17.08.010 of this title.

B.

Prohibited Locations. Notwithstanding subsection A above, commercial solar energy facilities shall be prohibited in the following areas:

1.

On any property located within the Colorado River Corridor Plan area.

2.

On any land in agricultural production. As used in this subsection, "land in agricultural production" refers to any land that, at the time the application for a conditional use permit for a commercial solar energy facility is filed, is currently in use or has been used in the past five years for propagation, raising, harvesting and/or processing of any plant or animal or products thereof for purposes of consumption, utilization, goods, or service either on-site or for distribution.

3.

Within six hundred feet of any interstate, highway, or residentially zoned property.

C.

Minimum Lot Size. The minimum lot size for a commercial solar energy facility is ten acres.

D.

Setbacks. The front yard, side yard, and rear yard setback requirements for a commercial solar energy facility are those applicable in the underlying zone.

E.

Height.

1.

A ground-mounted commercial solar energy facility shall not exceed twenty-five feet in height. For a ground-mounted facility, height is measured as the vertical distance from the natural or finished grade, whichever is lower, to the top of the structure.

2.

A roof-mounted commercial solar energy facility may not exceed four feet above the roof surface, provided that the total height, measured as the vertical distance from the natural or finished grade, whichever is lower, to the top of the structure, shall not exceed thirty-three feet.

F.

Visibility. A commercial solar energy facility that is visible from any public right-of-way or other public space must be designed and installed to minimize visual and aesthetic impacts to the greatest extent feasible.

G.

Illumination. A commercial solar energy facility may not include any type of lighted signal, lights, or other illumination, except as necessary for the operation of the facility.

H.

Septic system avoidance. A commercial solar energy facility may not be located above a septic system or leach field unless approved by the county department of environmental health.

I.

Habitat avoidance. A commercial solar energy facility may not be located within fifty feet of any aquatic habitat unless the director determines: that there will be no impact to the aquatic habitat; or that mitigation measures are available to minimize or offset any impacts to the aquatic habitat and the director requires the mitigation measures as a condition of permit approval.

J.

Site restoration.

1.

A site restoration plan must be approved by the director before a conditional use permit is issued. The restoration plan must do all of the following:

a.

Identify the specific property to which the plan applies.

b.

Indicate that all commercial solar energy facilities, buildings, structures, and foundation will be removed to three feet below finished grade.

c.

Detail all regrading and revegetation necessary to return the subject property to the condition existing before the commercial solar energy facility was established or expanded. The plan must accurately show all topography, vegetation, drainage, and unique environmental features of the site.

d.

Provide an estimate of total restoration costs, including materials and labor.

e.

Include a statement that the operator, applicant, and permittee guarantee and accept responsibility for all restoration work for a period of two years after completion of restoration.

2.

A surety bond in the amount determined by the director must be deposited with the department to ensure the completion of the restoration work described in an approved plan before a conditional use permit is issued. The amount of security will include all material and labor costs, adjusted for inflation to reflect anticipated total costs at the time of restoration.

(Ord. No. 943-U, § 4, 9-9-25; Ord. No. 944, § 4, 11-12-25)

The city may perform a compliance review at any time to determine whether a permittee is complying with the permit's terms and conditions, the requirements of this chapter, and all applicable laws and regulations. A permittee shall cooperate with the city to complete the compliance review.

(Ord. No. 943-U, § 4, 9-9-25; Ord. No. 944, § 4, 11-12-25)