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2026-025 - Approve amendments to Exhibit 9B, Zoning Ordinance - repeal and replacement of Section 29, Solar Farms, to establish regulations governing UtilityORDINANCE NO. 2026-025 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING ZONING ORDINANCE NO. 1710 BY REPEALING SUBSECTION 29, "REQUIRED COMPONENTS REGARDING SOLAR FARM SPECIFIC USE PERMITS (SUP)," AND ADOPTING A NEW SUBSECTION 29 ESTABLISHING ZONING REGULATIONS FOR UTILITY -SCALE SOLAR ENERGY FACILITIES; AMENDING SECTIONS 8-100, 8-103, AND 12-100 TO PROVIDE CONFORMING AMENDMENTS; PROVIDING THAT UTILITY -SCALE SOLAR ENERGY FACILITIES MAY BE CONSIDERED ONLY BY SPECIFIC USE PERMIT (SUP) WITHIN THE LIGHT INDUSTRIAL (LI) AND HEAVY INDUSTRIAL (HI) ZONING DISTRICTS; ADOPTING BY REFERENCE THE CITY OF PARIS DEVELOPMENT STANDARDS MANUAL DSM -001 - UTILITY - SCALE SOLAR ENERGY FACILITIES, ATTACHED AS EXHIBIT A; PROVIDING FOR ADMINISTRATION; PROVIDING A REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Paris is a home -rule municipality operating under the Constitution and laws of the State of Texas and possesses authority to regulate zoning, land use, development, public infrastructure, subdivision, utilities, construction, fire safety, and related matters within its jurisdiction to protect the public health, safety, and welfare; and WHEREAS, the City has adopted Zoning Ordinance No. 1710, codified as Chapter 9, Exhibit 913, "Zoning Ordinance," of the Code of Ordinances of the City of Paris, Texas, which regulate the use of land, buildings, structures, and premises within the City; and WHEREAS, Utility -Scale Solar Energy Facilities constitute a distinct land use due to their scale, land consumption, operational characteristics, infrastructure demands, long-term maintenance obligations, decommissioning obligations, visual impacts, drainage considerations, emergency response considerations, and potential effects on surrounding properties and future community development; and WHEREAS, the City Council finds that Utility -Scale Solar Energy Facilities should not be classified by default as agricultural uses, public utilities, electrical substations, accessory solar systems, general industrial uses, or ordinary commercial uses; and WHEREAS, the City Council finds that Utility -Scale Solar Energy Facilities should be reviewed through a Specific Use Permit process in order to evaluate compatibility, future land use, drainage, emergency response, fire protection, access, electrical interconnection, screening, buffering, glare, maintenance, decommissioning, financial assurance, and other potential impacts; and WHEREAS, the City Council finds that Utility -Scale Solar Energy Facilities should not be permitted in the Agricultural (A) District and that property located in the Agricultural (A) District must first be rezoned to an eligible zoning district before any Utility -Scale Solar Energy Facility may be considered; and WHEREAS, the City Council further finds that rezoning property from Agricultural (A) District to an eligible zoning district should not create any entitlement to approval of a Utility -Scale Solar Energy Facility and that Specific Use Permit approval, site plan approval, engineering approval, utility approval, building permits, fire permits, electrical permits, certificates of occupancy or completion, and other applicable approvals should remain independently required; and WHEREAS, the City Council finds that Utility -Scale Solar Energy Facilities may be appropriate only in the Light Industrial (LI) and Heavy Industrial (HI) zoning districts when reviewed and approved by Specific Use Permit and conditioned to protect surrounding land uses, future development areas, infrastructure, and public health, safety, and welfare; and WHEREAS, the City Council finds that Utility -Scale Solar Energy Facilities should generally not be approved on property identified for future residential, commercial, mixed-use, institutional, park, public, or other urban development unless the City Council determines that the proposed facility is consistent with the City's Comprehensive Plan, Future Land Use Plan, and long-term planning objectives; and WHEREAS, the City Council finds that the City's adopted construction codes, fire code, electrical code, Technical Standards Manual, Engineering Standard Details Book, utility requirements, and battery energy storage system requirements should apply to Utility -Scale Solar Energy Facilities; and WHEREAS, the City Council desires to adopt DSM -001, Utility -Scale Solar Energy Facilities Development Standards Manual, by reference as the administrative, technical, design, review, operational, maintenance, decommissioning, and use standards manual for Utility -Scale Solar Energy Facilities, while reserving legislative zoning decisions, district eligibility, Specific Use Permit requirements, and major substantive changes to the City Council; and WHEREAS, Utility -Scale Solar Energy Facilities may include or be associated with Battery Energy Storage Systems, and the City Council finds that any Battery Energy Storage System associated with a Utility -Scale Solar Energy Facility should comply with the City's adopted BESS ordinance, BESS manual, fire code, building code, electrical code, and all applicable state and federal requirements; and WHEREAS, on July 9, 2026, following notice and publication as required by law, the Planning and Zoning Commission conducted a public hearing on the proposed amendments to the City Zoning Ordinance, and following said hearing, made formal recommendation to the City Council to approve the requested amendments; and WHEREAS, on July 27, 2026, following notice and publication as required by law, the City Council of the City of Paris conducted a public hearing on the proposed amendments to the City Zoning Ordinance and the City Code of Ordinances, and having considered the recommendation of the Planning and Zoning Commission and the testimony and evidence introduced at said public hearing, found and determined that approving the aforesaid amendments would be consistent with the City Zoning Ordinance and the City Code of Ordinances, and in the best interests of the public he@lth, safety, and welfare of the citizens of the City of Paris by a vote of 5 ayes and nays. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: SECTION 1. Findings. The findings and recitals set forth above are hereby found to be true and correct and are incorporated herein by reference for all purposes. SECTION 2. Repeal and Replacement of Subsection 29. That Subsection 29 of Zoning Ordinance No. 1710, entitled "Required Components Regarding Solar Farm Specific Use Permits (SUP)," is hereby repealed in its entirety and replaced with a new Subsection 29, "Utility -Scale Solar Energy Facilities," as set forth in Exhibit A, attached hereto and incorporated by reference as if fully set forth herein. SECTION 3. Adoption of DSM -001, Utility -Scale Solar Energy Facilities Development Standards Manual. (a) That the City of Paris DSM -001, Utility -Scale Solar Energy Facilities Development Standards Manual, attached hereto as Exhibit B and incorporated herein by reference as if fully set forth herein, together with all appendices, forms, checklists, exhibits, and amendments thereto, is hereby adopted by reference as the City's administrative, technical, design, review, operational, maintenance, decommissioning, and use standards manual for Utility -Scale Solar Energy Facilities. (b) DSM -001 shall apply to all Utility -Scale Solar Energy Facilities regulated by Subsection 29, "Utility -Scale Solar Energy Facilities," and shall be used in the review, approval, permitting, inspection, operation, monitoring, discontinuance, decommissioning, and adaptive reuse or restoration of Utility -Scale Solar Energy Facilities. (c) DSM -001 shall not independently authorize a land use, create a zoning district, amend the Land Use Matrix, waive a Specific Use Permit requirement, allow a Utility -Scale Solar Energy Facility in the Agricultural (A) District, or authorize a Utility -Scale Solar Energy Facility in any district where such use is not eligible under Subsection 29. (d) In the event of a conflict between DSM -001 and Subsection 29, Subsection 29 shall control as to zoning district eligibility, land use authorization, Specific Use Permit requirements, and legislative approval criteria. SECTION 4. Administration and Revisions to DSM -001. (a) The City Manager or designee shall administer DSM -001 in coordination with the Building Official, City Planner, City Engineer, Fire Marshal, Public Works Director, and other affected City departments. (b) The City Manager or designee may issue written interpretations, forms, checklists, routing procedures, technical memoranda, and administrative guidance necessary for administration and implementation of DSM -001. (c) The City Manager or designee may approve minor administrative revisions to DSM - 001, including formatting corrections, typographical corrections, reference updates, application forms, checklists, routing procedures, departmental title changes, and revisions required by state or federal law, provided that such revisions do not materially alter zoning policy, district eligibility, development requirements, public infrastructure obligations, decommissioning requirements, financial assurance requirements, or substantive design and use standards. (d) Major revisions to DSM -001 affecting zoning district eligibility, Utility -Scale Solar Energy Facility classifications, Specific Use Permit requirements, minimum land use standards, development requirements, public infrastructure obligations, utility requirements, decommissioning requirements, financial assurance requirements, or substantive design and use standards shall require City Council approval. (e) The current adopted version of DSM -001 shall be maintained by the City and made available to the public through the City's official website or other City -designated location. SECTION 5. Conforming Amendments to Zoning Ordinance No. 1710. That Zoning Ordinance No. 1710, as amended, including Sections 8-100, 8-103, and 12-100, is hereby amended as set forth in Exhibit C, attached hereto and incorporated herein as if fully set forth verbatim. SECTION 6. Coordination with Adopted Codes, Manuals, and Standards. (a) Utility -Scale Solar Energy Facilities shall comply with Subsection 29, DSM -001, the City's adopted construction codes, fire code, electrical code, property maintenance code, Technical Standards Manual, Engineering Standard Details Book, utility standards, subdivision regulations, site plan requirements, drainage requirements, stormwater requirements, and all other applicable City ordinances, manuals, permits, approvals, and technical standards. (b) Any Battery Energy Storage System associated with a Utility -Scale Solar Energy Facility shall comply with the City's adopted BESS ordinance, BESS manual (DSM - 003), fire code, building code, electrical code, and all applicable state and federal requirements. (c) A Utility -Scale Solar Energy Facility and associated BESS proposed as one integrated project may be reviewed through one Specific Use Permit when the BESS is accessory to the Utility -Scale Solar Energy Facility and included in the application. A separate Specific Use Permit may be required if the BESS is proposed as a separate principal use, added after Utility -Scale Solar Energy Facility approval as a material change, serves uses other than the Utility -Scale Solar Energy Facility, materially increases site impacts, or is otherwise required by City Council as a condition of approval. (d) Approval of a Utility -Scale Solar Energy Facility Specific Use Permit shall not constitute approval of any required plat, site plan, engineering plan, building permit, fire permit, electrical permit, utility connection, development agreement, certificate of occupancy, certificate of completion, or other permit or approval. SECTION 7. Conflicts. That if any provision of this ordinance or its Exhibits conflicts with any previously adopted ordinance or provision of the Code of Ordinances, this ordinance and its exhibits shall control to the extent of such conflict only, unless otherwise required by state or federal law. Where a conflict exists between DSM -001 and an adopted ordinance, the adopted ordinance shall control. Where a conflict exists between DSM -001 and an adopted technical standard, construction code, fire code, utility standard, or state or federal requirement, the more restrictive provision shall apply unless otherwise required by law. SECTION 8. Repealer. That all provisions of the ordinances of the City of Paris, Texas, in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of Paris not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 9. Savings Clause. That the repeal of any ordinance or part of ordinances affected by the enactment of this ordinance shall not be construed as abandoning any action now pending under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering any penalty accruing or to accrue, or as affecting any rights of the municipality under any section or provisions of any ordinance at the time of passage of this ordinance. SECTION 10. Severability Clause. That it is the intention of the City Council of the City of Paris that this ordinance and every provision hereof shall be considered severable, and the invalidity or partial invalidity of any section, clause, phrase, exhibit, or provision of this ordinance shall not affect the validity of any other portion of this ordinance. SECTION 11. Penalty Clause. That any person, firm, corporation, owner, operator, applicant, contractor, or responsible party violating any provision of this ordinance, Subsection 29, DSM -001, an approved Specific Use Permit, approved site plan, approved engineering plan, development agreement, utility service agreement, building permit, fire permit, electrical permit, certificate of occupancy, certificate of completion, or other approval issued under this ordinance shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine in accordance with Section 1.01.009 of the City of Paris Code of Ordinances and applicable law. Each and every day's continuance of any violation of the above -enumerated sections shall constitute and be deemed a separate offense. The City may also pursue any civil, administrative, injunctive, abatement, permit, certificate of occupancy, utility, financial assurance, or other remedy available by law. SECTION 12. Effective Date. This ordinance shall become effective from and after its passage and publication as required by law. PASSED AND ADOPTED this 27th day of July, 2026. THE ci Mihir Pan aj, Mayor ATTEST: //1,111 4Jice Ellis,1 R EDA TO FORM: S p anie H. Harris, City Attorney EXHIBIT A ZONING ORDINANCE NO. 1710 SUBSECTION 29. UTILITY -SCALE SOLAR ENERGY FACILITIES Subsection 29 of Zoning Ordinance No. 1710 is hereby repealed and replaced to read as follows: 29.1 Purpose. The purpose of this subsection is to establish zoning regulations applicable to Utility - Scale Solar Energy Facilities; to recognize such facilities as a distinct land use; to require Specific Use Permit review; to protect the public health, safety, and welfare; to preserve the City's long-term planning and infrastructure objectives; to protect existing and future residential, commercial, mixed-use, institutional, public, park, agricultural, and urban development areas; and to adopt by reference DSM -001, Utility -Scale Solar Energy Facilities Development Standards Manual. 29.2 Applicability. (a) This subsection applies to all Utility -Scale Solar Energy Facilities within the corporate limits of the City. (b) This subsection does not apply to Accessory Solar Energy Systems, rooftop solar installations, building -mounted solar systems, parking canopy solar systems, or other solar energy systems designed primarily to offset energy consumption for a lawful principal use on the same property. Such systems shall be regulated by other applicable provisions of the Code of Ordinances and adopted construction codes. (c) A Utility -Scale Solar Energy Facility shall be allowed only where expressly authorized by this subsection and the Land Use Matrix. (d) This subsection shall not exempt any project from compliance with any other applicable City ordinance, zoning requirement, subdivision regulation, adopted construction code, fire code, electrical code, property maintenance code, technical standard, utility requirement, development agreement, platting requirement, permit, or condition of approval. 29.3 Definition. Utility -Scale Solar Energy Facility. A solar energy facility designed primarily for the commercial generation, collection, conversion, storage, distribution, transmission, or wholesale sale of electricity for off-site use, off-site sale, transmission, distribution, or wholesale power markets, and which is not intended primarily to offset on-site energy consumption by a lawful principal use on the same property. A Utility -Scale Solar Energy Facility may include ground -mounted solar arrays, photovoltaic panels, racking systems, collector lines, inverters, transformers, substations, switchgear, transmission or distribution infrastructure, Battery Energy Storage Systems, maintenance buildings, access roads, security fencing, supervisory control systems, and related accessory equipment. A facility shall be considered utility -scale if it: (a) occupies more than ten (10) acres of land area; or (b) has a generating capacity exceeding five (5) megawatts alternating current (AC); or (c) is developed primarily for off-site sale, wholesale power markets, utility interconnection, or commercial energy generation rather than to serve a lawful principal use on the same property. Separate phases, contiguous tracts, leased areas, commonly controlled properties, or related facilities developed as part of a common plan of development shall be considered a single facility for purposes of determining applicability. 29.4 District eligibility. (a) Utility -Scale Solar Energy Facilities may be considered only by approval of a Specific Use Permit (SUP*) within the following zoning districts: 1. Light Industrial (LI); and 2. Heavy Industrial (HI). (b) Utility -Scale Solar Energy Facilities shall not be permitted in any other zoning district. (c) Utility -Scale Solar Energy Facilities shall not be permitted in the Agricultural (A) District. Property located in the Agricultural (A) District must first be rezoned to an eligible zoning district before any Utility -Scale Solar Energy Facility may be considered. (d) Rezoning of property from Agricultural (A) District or any other ineligible zoning district to an eligible zoning district shall not create any entitlement to approval of a Utility -Scale Solar Energy Facility. Any required SUP*, site plan, plat, engineering approval, utility approval, building permit, fire permit, electrical permit, certificate of occupancy or completion, development agreement, and other City approvals shall remain independently required. 29.5 SUP* required. (a) All Utility -Scale Solar Energy Facilities shall require approval of a SUP*. (b) SUP* means Specific Use Permit required, subject to compliance with this subsection, DSM -001, any applicable BESS requirements, the City's adopted construction codes, the City's adopted fire code, the City's adopted Technical Standards Manual, approved site plan, approved engineering plans, approved fire protection and emergency response requirements, and all conditions of approval. (c) An application for SUP* approval shall comply with this subsection, the Zoning Ordinance, DSM -001, and all other applicable City requirements. (d) The Planning and Zoning Commission shall review the SUP* application and make a recommendation to the City Council. (e) The City Council may approve, approve with conditions, or deny the SUP*. (f) SUP* approval shall not constitute approval of final engineering plans, plats, building permits, fire permits, electrical permits, utility connections, public infrastructure, private infrastructure; certificates of occupancy or completion, or other required permits or approvals. 29.6 Future land use compatibility. (a) In considering an application for a SUP*, the Planning and Zoning Commission and City Council shall consider the City's Comprehensive Plan, adopted Future Land Use Map, and other adopted planning documents. (b) Utility -Scale Solar Energy Facilities should not be approved on property identified for future residential, commercial, retail, mixed-use, institutional, public, park, or similar urban development unless the City Council determines that the proposed facility is consistent with the City's long-term planning objectives. (c) The City Council may deny a SUP* where the proposed facility would prematurely convert land needed for orderly future growth, residential development, commercial development, retail development, public infrastructure, utility expansion, public facilities, parks, trails, or other community development objectives. 29.7 Approval criteria. A SUP* for a Utility -Scale Solar Energy Facility shall not be approved unless the City Council finds that the proposed use: (a) is consistent with the Comprehensive Plan and Future Land Use Plan; (b) is located in an eligible zoning district; (c) is compatible with surrounding existing and planned land uses; (d) will not materially impair existing or future residential, commercial, retail, mixed-use, public, institutional, park, open -space, or agricultural development areas; (e) will not prematurely convert land needed for orderly future growth, commercial development, residential development, public infrastructure, or community facilities; (f) has adequate access for fire, emergency medical services, police, public works, utility, and emergency response; (g) has or will provide adequate stormwater, drainage, transportation, and public infrastructure; (h) provides sufficient information regarding electric interconnection, electric infrastructure, substations, transformers, inverters, collection lines, transmission facilities, BESS, if applicable, and related accessory infrastructure; (i) adequately mitigates glare, visual impacts, fencing impacts, lighting, noise, drainage, vegetation, maintenance, security, traffic, and operational impacts; 0) complies with DSM -001; (k) complies with the City's adopted BESS requirements when BESS is proposed; (1) complies with the City's adopted construction codes, fire code, electrical code, property maintenance code, Technical Standards Manual, Engineering Standard Details Book, utility standards, and other applicable technical standards; (m) provides acceptable decommissioning, site restoration, and financial assurance provisions as required by DSM -001; and (n) will not otherwise be detrimental to the public health, safety, or general welfare. 29.8 DSM -001 adopted as standards for SUP* review. (a) DSM -001 is adopted by reference as the City's Utility -Scale Solar Energy Facilities Development Standards Manual and shall apply to all Utility -Scale Solar Energy Facilities regulated by this subsection. (b) DSM -001 may include application requirements, design standards, use standards, review procedures, submittal checklists, technical study requirements, infrastructure requirements, emergency response requirements, BESS coordination requirements, construction standards, inspection requirements, maintenance requirements, decommissioning requirements, financial assurance requirements, annual reporting forms, and other administrative or technical standards necessary to implement this subsection. (c) DSM -001 shall have the force and effect provided by the adopting ordinance and this subsection, except that DSM -001 shall not independently authorize a land use, create a zoning district, amend the Land Use Matrix, waive a SUP* requirement, allow a Utility - Scale Solar Energy Facility in the Agricultural (A) District, or authorize a Utility -Scale Solar Energy Facility in any district where such use is not eligible under this subsection. (d) Where this subsection and DSM -001 conflict, this subsection shall control as to zoning district eligibility, SUP* requirements, legislative approval criteria, and land use authorization. 29.9 BESS coordination. (a) Any BESS associated with a Utility -Scale Solar Energy Facility shall comply with the City's adopted BESS ordinance, BESS manual, fire code, building code, electrical code, and all applicable state and federal requirements. (b) A Utility -Scale Solar Energy Facility and associated BESS proposed as one integrated project may be reviewed through one SUP*, provided the SUP* application includes the BESS component and the BESS is accessory to the Utility -Scale Solar Energy Facility. (c) A separate SUP may be required if the BESS is proposed as a principal use, is added after SUP* approval as a material change, serves a use other than the Utility - Scale Solar Energy Facility, materially increases site impacts, or otherwise requires separate approval under the City's BESS regulations or the SUP* conditions. 29.10 Administration. (a) This subsection and DSM -001 shall be administered by the City Manager or designee in coordination with the Building Official, City Planner, City Engineer, Fire Marshal, Public Works Director, and other affected City departments. (b) The City Manager or designee may issue written interpretations, forms, checklists, routing procedures, and administrative guidance necessary to implement this subsection and DSM -001. (c) Any interpretation under this subsection shall not authorize a use prohibited by this subsection, waive a SUP* requirement, allow a Utility -Scale Solar Energy Facility in the Agricultural (A) District, or alter zoning district eligibility. 29.11 Decommissioning, discontinuance, and site restoration. (a) Each Utility -Scale Solar Energy Facility shall comply with the decommissioning, discontinuance, abandonment, site restoration, and financial assurance requirements established in DSM -001 and any SUP* conditions. (b) A Utility -Scale Solar Energy Facility SUP* may require a decommissioning and site restoration plan addressing discontinued operations, obsolete equipment, panels, racking, foundations, piles, wiring, inverters, transformers, substations, BESS, access roads, fencing, environmental conditions, site restoration, revegetation, infrastructure proposed to remain, and financial assurance. (c) No discontinued or abandoned Utility -Scale Solar Energy Facility shall be converted to another principal use unless the proposed use is permitted in the zoning district or approved by rezoning, SUP amendment, site plan approval, or other required City approval. (d) The City may require financial assurance for decommissioning, site restoration, environmental remediation, infrastructure removal, or site stabilization where authorized by law and approved as part of the SUP*. 29.12 Material changes. (a) A material change to an approved Utility -Scale Solar Energy Facility shall require review and approval before implementation. (b) Material changes may include, but are not limited to: 1. expansion of project area; 2. increase in approved generating capacity; 3. addition or expansion of BESS; 4. addition or relocation of substations, transformers, inverters, collection facilities, or transmission facilities; 5. change in access, fire lanes, emergency response layout, or site circulation; 6. change affecting buffers, screening, landscaping, adjacent properties, drainage, or public rights-of-way; 7. change in phasing or site layout; 8. change in ownership, operator, or party responsible for decommissioning or financial assurance; or 9. any other change determined by the City Manager or designee to materially affect the basis for approval. (c) Depending on the nature of the material change, the City may require administrative approval, site plan amendment, building permit, fire permit, electrical permit, utility approval, SUP* amendment, or new SUP*. 29.13 Enforcement. (a) It shall be unlawful to construct, operate, expand, alter, convert, decommission, abandon, or materially change a Utility -Scale Solar Energy Facility in violation of this subsection, DSM -001, an approved SUP*, an approved site plan, an approved engineering plan, a development agreement, a utility service agreement, a building permit, a fire permit, an electrical permit, certificate of occupancy or completion, or any other applicable City approval. (b) The City may enforce this subsection through any lawful remedy, including but not limited to notices of violation, stop work orders, denial or suspension of permits, denial or revocation of certificates of occupancy or completion, municipal court citations, civil enforcement, injunctive relief, abatement, enforcement of financial assurance, or other remedies authorized by law. (c) Each day a violation continues shall constitute a separate offense. EXHIBIT B City of Paris Development Standards Manual DSM -001 — Utility -Scale Solar Energy Facilities Version 1.0 EXHIBIT C CONFORMING AMENDMENTS TO ZONING ORDINANCE NO. 1710 SECTIONS 8-100, 8-103, AND 12-100 Zoning Ordinance No. 1710, as amended, is hereby amended as set forth below for the purpose of conforming the Zoning Ordinance to Subsection 29, "Utility -Scale Solar Energy Facilities," and DSM -001, Utility -Scale Solar Energy Facilities Development Standards Manual. Section 1. Amendment to Section 8-100 — Land Uses / Recognized Use Classifications. Section 8-100, including the list of recognized land uses, is hereby amended by deleting any existing reference to "Solar Farm" and replacing it with the following use classification in alphabetical order: Utility -Scale Solar Energy Facility (USSEF) Section 2. Amendment to Section 8-103 — Permitted Uses / Land Use Matrix. Section 8-103, including the permitted use table, land use matrix, or applicable use provisions, is hereby amended by deleting all references authorizing Solar Farms or Utility -Scale Solar Energy Facilities in the Agricultural (A) District or any other district not expressly authorized below. The applicable use provisions are amended to read as follows: SF- SF- SF- MF- MF - Use A 1 2 3 2F 4F 1 2 MH NS GR C CA O PLI LI HI PD Utility -Scale Solar Energy _ _ _ _ _ _ _ _ _ SUP* SUP' PD/SUP* Facility (USSEF) Notes Applicable to Utility-5caie Soiar tnergy racmiaes 1. SUP* means Specific Use Permit required, subject to compliance with Subsection 29, DSM -001, any applicable BESS requirements, adopted construction codes, adopted fire code, adopted Technical Standards Manual, approved site plan, approved engineering plans, and all conditions of approval. 2. Utility -Scale Solar Energy Facilities are prohibited in the Agricultural (A) District. Property located in the Agricultural (A) District must first be rezoned to an eligible zoning district before any Utility -Scale Solar Energy Facility may be considered. Approval of a rezoning request shall not constitute approval of a Utility -Scale Solar Energy Facility or create any vested right, entitlement, or expectation of SUP* approval. 3. Utility -Scale Solar Energy Facilities may be considered only in the Light Industrial (LI) and Heavy Industrial (HI) zoning districts through SUP* approval. 4. A Utility -Scale Solar Energy Facility with accessory BESS may be reviewed through one integrated SUP* when the Utility -Scale Solar Energy Facility and BESS are proposed as one coordinated project and the BESS is accessory to the Utility -Scale Solar Energy Facility. The BESS component shall comply with the City's adopted BESS ordinance, BESS manual, fire code, building code, electrical code, and all applicable state and federal requirements. 5. A separate SUP may be required for BESS if the BESS is proposed as a separate principal use, added after Utility -Scale Solar Energy Facility SUP* approval as a material change, serves uses other than the Utility -Scale Solar Energy Facility, materially increases site impacts, or is otherwise required by the City Council as a condition of approval. 6. Any Utility -Scale Solar Energy Facility use not expressly authorized in this table is prohibited. Section 3. Amendment to Section 8-200—Special Definitions and Explanations Noted in Use Regulations. Section 8-200 is hereby amended by adding the following definitions in alphabetical order: Accessory Solar Energy System. A solar energy system designed and used primarily to offset energy consumption for a lawful principal use located on the same property. The term includes rooftop solar installations, building -mounted solar systems, parking canopy solar systems, and limited ground -mounted solar systems accessory to a lawful principal use, but does not include a Utility -Scale Solar Energy Facility. Battery Energy Storage System or BESS. A battery energy storage system as defined and regulated by the City's adopted BESS regulations and BESS manual, as amended. DSM -001, Utility -Scale Solar Energy Facilities Development Standards Manual. The City of Paris Utility -Scale Solar Energy Facilities Development Standards Manual adopted by ordinance and incorporated by reference as the administrative, technical, design, review, operational, maintenance, decommissioning, and use standards manual for Utility -Scale Solar Energy Facilities. Solar Farm. See Utility -Scale Solar Energy Facility. SUPS. A Specific Use Permit required for a Utility -Scale Solar Energy Facility, subject to compliance with Subsection 29, DSM -001, any applicable BESS requirements, the City's adopted construction codes, the City's adopted fire code, the City's adopted Technical Standards Manual, approved site plan, approved engineering plans, approved fire protection and emergency response requirements, and all conditions of approval. Utility -Scale Solar Energy Facility. A solar energy facility designed primarily for the commercial generation, collection, conversion, storage, distribution, transmission, or wholesale sale of electricity for off-site use, off-site sale, transmission, distribution, or wholesale power markets, and which is not intended primarily to offset on-site energy consumption by a lawful principal use on the same property. A Utility -Scale Solar Energy Facility may include ground -mounted solar arrays, photovoltaic panels, racking systems, collector lines, inverters, transformers, substations, switchgear, transmission or distribution infrastructure, Battery Energy Storage Systems, maintenance buildings, access roads, security fencing, supervisory control systems, and related accessory equipment. A facility shall be considered utility -scale if it occupies more than ten (10) acres of land area, has a generating capacity exceeding five (5) megawatts alternating current (AC), or is developed primarily for off-site sale, wholesale power markets, utility interconnection, or commercial energy generation rather than to serve a lawful principal use on the same property. Separate phases, contiguous tracts, leased areas, commonly controlled properties, or related facilities developed as part of a common plan of development shall be considered a single facility for purposes of determining applicability. Section 4. Amendment to Section 12-100 — Definitions. Section 12-100, "Specific Use Permits," is hereby amended by adding the following uses: Utility -Scale Solar Energy Facility (USSEF) –Allowed with an SUP* in LI, HI and PD Section 5. Conflicting Use Classifications. To the extent any prior use table, interpretation, administrative classification, or zoning provision classifies a Utility -Scale Solar Energy Facility or Solar Farm as an agricultural use, public utility, electrical substation, general industrial use, utility use, or accessory solar use, such classification is superseded. Utility -Scale Solar Energy Facilities shall be classified and regulated only as provided in Subsection 29, DSM -001, and this Exhibit C. Section 6. Planned Development Districts. A Utility -Scale Solar Energy Facility may be considered within a Planned Development (PD) District only if: (a) the PD ordinance, concept plan, development plan, or approved land use table expressly authorizes the use; (b) the underlying or comparable base zoning district would otherwise allow the use by SUP*; (c) the use complies with Subsection 29, DSM -001, and all applicable City requirements; and (d) the use is approved by SUP* unless the PD ordinance expressly establishes an equivalent or more restrictive public hearing and discretionary approval process. A PD District shall not be used to authorize a Utility -Scale Solar Energy Facility in a location where such use would be inconsistent with the Comprehensive Plan, Future Land Use Plan, surrounding land uses, infrastructure capacity, or public health, safety, and welfare. Section 7. Agricultural District Clarification. Utility -Scale Solar Energy Facilities are prohibited in the Agricultural (A) District. Property located in the Agricultural (A) District must first be rezoned to an eligible zoning district before any Utility -Scale Solar Energy Facility may be considered. Approval of a rezoning request shall not constitute approval of a Utility -Scale Solar Energy Facility or create any vested right, entitlement, or expectation of SUP* approval.