ORDINANCE NO. G23-01
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF EASTBOROUGH, KANSAS:
SECTION 1. Purpose. The purpose of this ordinance is to accommodate solar collection systems in appropriate locations, while minimizing adverse visual, safety and environmental impacts of the system.
SECTION 2. Applicability. Solar Collection Systems mean any device that absorbs and accumulates solar radiation for use as a source of energy.
A. Solar collection system building permit. A solar collection system may be permitted as an accessory subject to the approval of a building permit. A building permit application for the erection of a solar collection system must include the information needed to determine if the solar collection system meets the standards contained within this Article.
- All solar collection systems installed prior to the effective date of this ordinance are exempt from the provisions hereof until such time as the solar collection system is changed or modified in any way.
- All solar collection systems with no more than eight square feet of gross area and installed and utilized for the purpose of street lighting, safety lighting, or other public purpose as designated by the building supervisor are exempt from the provisions hereof.
SECTION 3. Design and construction standards. The design of the solar collection system’s building and related structures shall, to the extent reasonably possible, use materials, colors, textures, screening, and landscaping that will blend system components with the natural setting and the environment existing at the time of the installation.
A. Setback and location.
1.The following regulations apply to ground-mounted solar collection systems:
a. May not be located forward of the established front building line.
b. Must be set back a minimum of ten feet from all property lines.
c. May not exceed eight feet in height at the highest point.
d. Must be screened from view of adjacent properties and public rights-of-way.
e. All service lines serving the ground-mounted solar collector shall be buried underground.
2. The following regulations apply to roof-mounted solar collection systems:
a. Shall not exceed above the peak of the roof plane on which they are mounted.
b. No portion of any such solar collection system shall extend more than two feet perpendicular to the point on the roof where it is mounted.
B. Size. The gross area of a ground-mounted solar collection system shall not exceed the greater of 150 square feet or a gross area equal to three percent of the area of the lot located behind the rear building line of the principal structure, up to a gross area of 250 square feet.
C. Visual impacts.
- The applicant shall demonstrate through project site planning and proposed mitigation that the solar energy system’s visual impacts will be minimized for surrounding neighbors and the community. This may include, but not be limited to, information regarding site selection, buffering and screening. All electrical conduits shall be underground.
- All exposed metal, including the framework of the solar collection system, shall be finished in neutral colors or black. Unfinished or exposed metal is prohibited.
- Whenever possible, roof-mounted solar collection systems should be designed into the architectural elements of the building.
- No artificial lighting may be utilized to illuminate the solar collection system.
D. Signs. All signs, both temporary and permanent, are prohibited on the solar collection system except as follows:
- Any signage required by local, state or federal regulations.
- Warning, safety, and maintenance signage.
E. Code compliance. The solar collection system shall comply with all applicable sections of this Code.
F. Utility connection. If the proposed solar collection system is to be connected to the power grid through net metering, it shall adhere to all applicable regulations of this Code as well as meet any standards set forth by the applicable utility company.
G. Access. All ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access.
H. Clearing. Clearing of natural vegetation shall be limited to that which is necessary for the construction, operation and maintenance of the solar collection system and as otherwise prescribed by applicable laws, regulations, and ordinances.
I. Violation and Penalty. Any person, firm or corporation who shall violate, neglect or refuse to comply with, or who shall maintain, use or construct a solar collection system in violation of any of the provisions of this ordinance shall, upon due conviction, be fined in any sum not exceeding One Thousand Dollars ($1000) for each offense, and each day that a violation is committed, cause or continued to exist shall constitute a separate offenses, and in addition to the above penalty such actions at law or suits in equity may be maintained by the City of Eastborough.
Section 4. Effective Date. This ordinance shall take effect and be in force from and after its publication in the official city newspaper.
Adopted by the Governing Body of the City of Eastborough, Kansas, this 23rd day of May, 2023.