Tehama Municipal Code § 17.84.060 Setbacks

This article establishes development and operating standards for solar energy systems to minimize negative impacts on neighboring properties, implement state and federal law, and ensure the orderly development of a diversity of land uses within the county.

(Ord. No. 198 , 6-13-23)

Definitions for the terms referenced and used in this chapter are located in Section 17.04.050 (Definitions).

(Ord. No. 198 , 6-13-23)

Notwithstanding any other provisions of this title, small and dual purpose solar energy systems and solar power facilities are allowed only in the following zone districts, subject to the following conditions:

P = PERMITTED USE, C = PERMITTED WITH APPROVAL OF A USE PERMIT, X = NOT ALLOWED

(Ord. No. 198 , 6-13-23)

A. Solar panels shall comply with the maximum permitted height of the zoning district.

B. Attachment to existing buildings and towers shall comply with the maximum permitted height of the zoning district.

(Ord. No. 198 , 6-13-23)

Small and dual purpose wind energy systems shall only be located in the rear yard portion of any lot where permitted, except when the solar energy system is attached to a building. Solar power facility locations shall be determined by the city council/planning commission through the use permit process.

(Ord. No. 198 , 6-13-23)

Small solar energy systems, dual purpose solar systems, and solar power facilities must meet the required setbacks established by the zone district.

(Ord. No. 198 , 6-13-23)

All solar energy systems that are not in use for a period of six continuous months shall be considered abandoned. Abandoned solar energy systems are hereby designated as unlawful and as public nuisances, requiring no amortization period. Prior to issuance of the building permit for the installation of any solar energy system, the director of planning may require the applicant to post a performance security in an amount and form determined by the director that is sufficient to cover the cost of removal of the system in the event that such system is abandoned, or if the permit has been terminated for violation of its conditions by the city after hearing. If the director of planning determines that the system is abandoned, the planning director may initiate appropriate proceedings under this Code to revoke the permit for the system and require the property owner to timely remove all portions of the system from the premises. If such system is not timely removed as provided herein, the county may abate the nuisance in accordance with Chapter 8.08 of this Code.

(Ord. No. 198 , 6-13-23)

Small solar energy systems shall be permitted on lands encumbered by the Williamson Act, subject to 17.83.030 uses permitted requirements. Solar power facilities and dual purpose solar energy systems are prohibited on lands subject to a Williamson Act or Farmland Security Zone contract, excepting where the project qualifies for placement into a solar use easement pursuant to Government Code Sections 51190 et seq.

A. A decommissioning plan is required with an application submitted for a solar power facilities and dual purpose solar energy systems on lands subject to a Williamson Act or Farmland Security Zone contract where the project qualifies for placement into a solar-use easement pursuant to Government Code Sections 51190 et seq.

B. Where consistent with applicable law and the general welfare, an Agreement providing for mitigation of the impacts of the project shall be entered into between the county and the land owner, or the operator of a solar power facility and/or dual purpose solar energy system on lands subject to a Williamson Act or Farmland Security Zone contract where the project qualifies for placement into a solar-use easement pursuant to Government Code Sections 51190 et seq.

(Ord. No. 198 , 6-13-23)