§ 93.16

Sections 93.16.00 through 93.16.09 constitute the zoning regulations for solar energy systems and solar energy facilities in the City.

(Ord. 2004 § 1, 2019)

Sections 93.16.00 through 93.16.09 may be referred to as the Solar Zoning Ordinance of the City of Palm Springs.

(Ord. 2004 § 1, 2019)

Recognizing that the Sustainability Plan has set a vision of Palm Springs as a high efficiency, renewable energy city, the City Council finds that it is in the public interest to reduce energy demand, encourage the use and development of solar energy systems as a clean, renewable energy source and to help promote local, renewable energy jobs. The purpose of this Solar Zoning Ordinance is to

facilitate the effective and efficient use of solar energy systems by the residents, businesses and institutions of Palm Springs while protecting the public health, safety and welfare. (Ord. 2004 §1, 2019)

"Solar access" means space open to the sun and clear of overhangs or shade, including access across adjacent parcel air rights, for the purpose of capturing direct sunlight to operate a solar energy system.

"Solar energy facilities" means an alternative energy facility that consists of one or more groundmounted or free-standing solar collection devices, solar energy related equipment (including storage) and other associated infrastructure with the primary intention of generating electricity or otherwise converting solar energy to a different form of energy for primarily commercial or other offsite use.

"Solar energy system" shall have the meaning assigned to it in Section 8.100.020 of the Palm Springs Municipal Code.

(Ord. 2004 § 1, 2019)

• A. Solar energy systems are permitted in all zoning districts, as an accessory use to a permitted principal use subject to the standards for accessory uses in the applicable zoning district and the specific criteria set forth in this Solar Zoning Ordinance. In the ESA-SP zone, a solar energy system that is structurally mounted to the roof of a single-family dwelling or multi-family residential building that is permitted under Section 92.21.1.01 shall be considered an accessory use under Subdivisions (A)(2) and (B)(6) of such section.

• B. For purposes of determining compliance with building coverage standards of the applicable zoning district, the total horizontal projection area of all ground-mounted and free-standing solar collectors, including solar photovoltaic cells, panels, arrays, inverters, shall be considered pervious coverage only if pervious conditions are maintained underneath the solar photovoltaic cells, panels, and arrays.

• C. Installation or replacement of solar energy systems that does not change the use or the basic exterior characteristics or appearance of a non-conforming building or structure is allowed.

• D. Solar energy systems may generate energy in excess of the energy requirements of a property if the energy is to be credited under an applicable net energy metering program or used or stored onsite.

• (Ord. 2004 § 1, 2019)

• A. Roof-mounted solar energy systems shall be subject to the following requirements and allowances:

  1. Roof-mounted solar energy systems may extend up to five feet above the roof surface on which they are installed, even if this exceeds the maximum height limit in the zoning district in which the structure is located.

  2. Roof-mounted solar energy systems shall be designed and located in a manner that minimizes their visibility from public streets without decreasing the energy performance of the system by more than 10% as compared with a more visible location. All solar energy

systems on single-family dwellings not conforming to the roof profile are subject to the approval of the Director.

• B. Ground-mounted solar energy systems shall be subject to the following requirements and allowances:

  1. All ground-mounted solar energy systems for single-family dwellings are subject to the approval of the Director.

  2. All other ground-mounted solar energy systems shall be designed and located in a manner that minimizes their visibility from public streets without decreasing the energy performance of the system by more than 10% as compared with a more visible location.

  3. The setback of ground-mounted solar energy systems accessory to a multi-family dwelling principal use or accessory to a principal use in non-residential zoning districts is subject to the following additional standards:

     • a. Solar collectors are allowed to be located up to 1/2 of the setback that would otherwise apply from the front, side or rear property line.

     • b. Accessory equipment also may be installed within the required side and rear setback but shall not be closer than two feet to any property line.

• C. The review and determination of visibility from public streets shall be made by the Director. The review and determination of performance of solar collectors shall be made by the City Manager or designee.

• D. Solar energy systems in the ESA-SP zoning district shall comply with the design standards set out in Section 92.21.1.05.

• (Ord. 2004 § 1, 2019)

As stated in Subdivision (D)(9)(a) of Section 92.17.1.01, Subdivision (D)(7)(a) of Section 92.17.2.01, Subdivisions (B)(1)(b)(i) and (B)(2)(a)(i) of Section 92.20.01 and Subdivision (D)(2)(a) of Section 92.21.01, solar energy facilities may be permitted in the zoning districts referred to in such sections, subject to approval of a conditional use permit, as provided in Section 94.02.00. (Ord. 2004 § 1, 2019)

A structure, fence, or wall shall not be constructed or modified in a residential zoning district so as to obstruct the solar access of a solar energy system on a neighboring parcel to a degree that significantly decreases (as such term is defined in Subdivision (B)(2)(a) of Section 93.16.05) the energy performance of the system. The Planning Commission may modify this requirement if it finds that strict compliance would unduly limit property development, or unduly interfere with the development potential as envisioned for the area in the General Plan or Zoning Code. Vegetation is encouraged to be sited to reduce solar gain while not obstructing solar access insofar as practical. (Ord. 2004 § 1, 2019)

Dwelling units in subdivisions of five or more lots are encouraged to be sited to reduce solar gain as well as to take advantage of solar access and provide maximum exposure of roof area to the sun

insofar as practical, including their orientation with respect to sun angles. (Ord. 2004 § 1, 2019)

Building, construction and permitting of solar energy systems and solar energy facilities shall be subject to the provisions of Title 8 of the Palm Springs Municipal Code including Chapters 8.04 , 8.05 and 8.100 thereof, as applicable.

(Ord. 2004 § 1, 2019)