Chapter 14 — SMALL RESIDENTIAL ROOFTOP SOLAR SYSTEMS

The purpose of this Section is to adopt an expedited, streamlined solar permitting process that complies with the Solar Rights Act and AB 2188 (Chapter 521, Statutes 2014) to achieve timely and cost-effective installations of small residential rooftop solar energy systems. This Section encourages the use of solar systems by reducing costs to property owners and the County, and expanding the ability of property owners to install solar energy systems. This Section allows the County to achieve these goals while protecting public health and safety.

(Ord. 2397. (09/08/2015); Ord. 2473. (01/14/2020); Ord. 2515. (12/06/2022); Ord. 2515. (12/13/2022); Ord. 2531. (10/24/2023))

This Section shall apply to the permitting of all small residential rooftop solar energy systems in the County of Nevada as defined by Section 14.14.030.B.

Solar energy systems legally established or permitted prior to the effective date of this Section are not subject to the requirements of this Section unless physical modifications or alterations are undertaken that materially change the size, type, or components of a small rooftop energy system in such a way as to require new permitting. Routine operation and maintenance shall not require a permit.

(Ord. 2397. (09/08/2015); Ord. 2473. (01/14/2020); Ord. 2515. (12/06/2022); Ord. 2515. (12/13/2022); Ord. 2531. (10/24/2023))

A.

Solar energy system means either of the following:

Any solar collector or other solar energy device whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating, space cooling, electric generation, or water heating.

Any structural design feature of a building, whose primary purpose is to provide for the collection, storage, and distribution of solar energy for electricity generation, space heating or cooling, or for water heating.

B.

A small residential rooftop solar energy system means all of the following:

A solar energy system that is no larger than ten (10 kw) kilowatts alternating current nameplate rating, or thirty (30 kw) kilowatts thermal.

A solar energy system that conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the County and all state and County health and safety standards.

A solar energy system that is installed on a single or duplex family dwelling.

A solar panel or module array that does not exceed the maximum legal building height as defined by the County.

C.

Electronic submittal means the utilization of one (1) or more of the following:

Email;

The Internet;

Facsimile.

D.

An Association means a nonprofit corporation or unincorporated association create for the purpose of managing a common interest development.

E.

A common interest development means any of the following:

A community apartment project.

A condominium project.

A planned development.

A stock cooperative.

F.

Specific, adverse impact means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.

G.

Reasonable restrictions on a solar energy system are those restrictions that do not significantly increase the cost of the system or significantly decrease its efficiency or specified performance, or that allow for an alternative system of comparable cost, efficiency, and energy conservation benefits.

H.

"Restrictions that do not significantly increase the cost of the system or decrease its efficiency or specified performance" means:

For Water Heater Systems or Solar Swimming Pool Heating Systems: An amount exceeding ten percent (10%) of the cost of the system, but in no case more than one thousand dollars ($1,000.00), or decreasing

the efficiency of the solar energy system by an amount exceeding ten percent (10%), as originally specified and proposed.

For Photovoltaic Systems: An amount not to exceed one thousand dollars ($1,000.00) over the system cost as originally specified and proposed, or a decrease in system efficiency of an amount exceeding ten percent (10%) as originally specified and proposed.

(Ord. 2397. (09/08/2015); Ord. 2473. (01/14/2020); Ord. 2515. (12/06/2022); Ord. 2515. (12/13/2022); Ord. 2531. (10/24/2023))

A.

All solar energy systems shall meet applicable health and safety standards and requirements imposed by the California Building Standards Codes and Chapter 14, governing Building of the County Code.

B.

Solar energy systems for heating water in single-family residences and for heating water in commercial or swimming pool applications shall be certified by an accredited listing agency as defined by the California Plumbing and Mechanical Codes.

C.

Solar energy systems for producing electricity shall meet all applicable safety and performance standards established by the California Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability.

(Ord. 2397. (09/08/2015); Ord. 2473. (01/14/2020); Ord. 2515. (12/06/2022); Ord. 2515. (12/13/2022); Ord. 2531. (10/24/2023))

A.

All documents required for the submission of an expedited solar energy system application shall be made available on the publicly accessible County Website.

B.

Electronic submittal of the required permit application and documents by email, the internet, or facsimile shall be made available to all small residential rooftop solar energy system permit applicants.

C.

An applicant's electronic signature shall be accepted on all forms, applications, and other documents in lieu of a wet signature.

D.

The Building Department shall adopt a standard plan and checklist of all requirements with which small residential rooftop solar energy systems shall comply to be eligible for expedited review.

E.

The small residential rooftop solar system permit process, standard plan(s), and checklist(s) shall substantially conform to recommendations for expedited permitting, including the checklist and standard plans contained in the most current version of the California Solar Permitting Guidebook adopted by the Governor's Office of Planning and Research.

(Ord. 2397. (09/08/2015); Ord. 2473. (01/14/2020); Ord. 2515. (12/06/2022); Ord. 2515. (12/13/2022); Ord. 2531. (10/24/2023))

A.

The County Building Department shall adopt an administrative, non-discretionary review process to expedite approval of small residential rooftop solar energy systems within thirty (30) days of the adoption on this Section. For permit applications submitted over-the-counter and electronically, the Building Department shall issue a building permit or other non-discretionary permit within five (5) business days of receipt. The time to issue a permit begins upon receipt of a complete application that meets the requirements of the approved checklist and standard plan. All fees prescribed for the permitting of small residential rooftop solar systems must comply with Cal. Gov't Code § 66016 and Cal. Health & Safety Code § 17951.

B.

Review of the application shall be limited to the Building Official's review of whether the application meets local, state, and federal health and safety requirements.

C.

The Building Official may deny the application if the Building Official finds, based on substantial evidence, that the solar energy system could have a specific, adverse impact upon the public health and safety. Such findings shall be made in writing based on substantive evidence in the record that the proposed installation would have a specific, adverse impact upon public health or safety and there is no feasible method to satisfactorily mitigate or avoid, as defined, the adverse impact. Findings shall include a basis for the rejection of the potential feasible alternative for preventing the adverse impact. Such decisions may be appealed to the Building and Accessibility Standards Board of Appeals in accordance with this Section 14.02.020, which may be further appealed to the Board of Supervisors.

D.

Any condition imposed on an application shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost.

E.

"A feasible method to satisfactorily mitigate or avoid the specific, adverse impact" includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by the County on another similarly situated application in a prior successful application for a permit. The County shall use its best efforts to ensure that the selected method, condition, or mitigation meets the conditions of Subparagraphs (A) and (B) of Paragraph (1) of Subdivision (d) of Cal. Civ. Code § 714, defining restrictions that do not significantly increase the cost of the system or decrease its efficiency or specified performance.

F.

The County shall not condition approval of an application on the approval of an Association, as defined in Cal. Civ. Code § 4080.

G.

If an application is deemed incomplete, a written correction notice detailing all deficiencies in the application and any additional information or documentation required to be eligible for expedited permit issuance shall be sent to the applicant for resubmission.

H.

Only one (1) inspection shall be required and performed by the Building Department for small residential rooftop solar energy systems eligible for expedited review unless additional inspections are determined necessary by the Building Official based on specific climatic, geographic and/or topographical conditions.

I.

The inspection(s) shall be done in a timely manner and should include consolidated inspections. An inspection will be scheduled within two (2) business days of a request and the applicant shall be provided with a two (2)-hour inspection window.

J.

Inspections.

All solar energy systems shall be inspected for compliance with the manufacturer's installation requirements and the California Electrical Code.

The systems shall be ready for inspection with all electrical equipment/components accessible and in clear view.

The County's Building Inspector shall have access to all parts of the system.

The permit, approved plans, and specifications shall be readily available on site at the time of inspection.

Any changes to approved plans must be reviewed and approved by the Building Department prior to scheduling the inspection.

If a small residential rooftop solar energy system fails inspection, a subsequent re-inspection is authorized and may include a re-inspection fee in accordance with the County's adopted fee schedule.

(Ord. 2397. (09/08/2015; Ord. 2473. (01/14/2020); Ord. 2515. (12/06/2022); Ord. 2515. (12/13/2022); Ord. 2531. (10/24/2023))