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<br /> <br /> <br /> Created: 2025-05-22 16:40:53 [EST] <br />(Supp. No. 36) <br /> <br />Page 166 of 198 <br />the system shall be deemed abandoned and shall constitute a public nuisance. The owner <br />shall remove the abandoned system at their expense after a demolition permit has been <br />obtained within 90 days after notice has been given. Removal includes the entire structure <br />including transmission equipment, structures and foundations, and the restoration of soil <br />and vegetation. The owner/operator shall provide a current-day decommissioning cost <br />estimate, and shall post financial security in a form acceptable by the city. This estimate <br />must include an inflationary escalator, in an amount determined by the city, which will <br />allow the city to remove the solar farm from the property after the 90-day period has <br />elapsed. <br />(3) An application for a solar farm interim use permit may be granted only upon finding that all the <br />following criteria have been met: <br />a. The applicant owns the property or has secured a proper lease agreement on the property, <br />unless the city council determines that unique conditions or circumstances warrant special <br />arrangement. <br />b. The proposed solar farm is allowed as a principal use in the respective zoning district and <br />conforms to this chapter. <br />c. The proposed solar farm is keeping with the spirit and intent of this chapter. <br />d. The construction of a solar farm shall not impede the city's ability to implement its <br />comprehensive plan. <br />e. The proposed solar farm is compatible with the present character of the surrounding area. <br />f. The proposed solar farm shall have a set date in which the permit shall be reviewed or <br />terminated. <br />g. The proposed solar farm shall be subject to any conditions that the city council deems <br />appropriate for the permission of the use. <br />(4) In permitting a new solar farm interim use permit or amending an existing solar farm interim use <br />permit, the planning commission may recommend and the city council may impose additional <br />conditions and requirements to protect the health, safety, and welfare of the surrounding area and the <br />community at large, mitigate unfavorable consequences of activities resulting from the solar farm, <br />enforce laws and regulations, and ensure compliance with the conditions of the permit. These <br />conditions may include, but are not limited to, the following: <br />a. Limitations on period of use and operation. <br />b. Buffering and screening measures. <br />c. Additional setbacks. <br />d. Approval periods between one to 25 years, beginning at the start of operation. <br />(5) Because of its temporary nature, an interim use permit for a solar farm shall not be renewed. <br />Continuation of a solar farm beyond the date of expiration of its interim use permit requires approval <br />of a new interim use permit. <br />(6) Solar farm interim use permits do not run with the land. The permit is not transferable from person-to- <br />person, and shall expire if there is a change in ownership of the property, unless the following <br />conditions are met: <br />a. The new permit holder must own the property or have a written lease agreement with the <br />property owner stating the land will continue to be used for the production of energy via a solar <br />farm.