                                 CODE OF VIRGINIA

LOCAL REGULATION OF SOLAR FACILITIES (§ 15.2-2288.7)

A. An owner of a residential dwelling unit may install a solar facility on the
roof of such dwelling to serve the electricity or thermal needs of that
dwelling, provided that such installation is (i) in compliance with any height
and setback requirements in the zoning district where such property is located
and (ii) in compliance with any provisions pertaining to any local historic,
architectural preservation, or corridor protection district adopted pursuant to
&#xA7; 15.2-2306 where such property is located. Unless a local ordinance
provides otherwise, a ground-mounted solar energy generation facility to be
located on property zoned residential shall be permitted, provided that such
installation is (a) in compliance with any height and setback requirements in
the zoning district where such property is located and (b) in compliance with
any provisions pertaining to any local historic, architectural preservation, or
corridor protection district adopted pursuant to &#xA7; 15.2-2306 where such
property is located. Except as provided herein, any other solar facility
proposed on property zoned residential, including any solar facility that is
designed to serve, or serves, the electricity or thermal needs of any property
other than the property where such facilities are located, shall be subject to
any applicable zoning regulations of the locality.

B. An owner of real property zoned agricultural may install a solar facility on
the roof of a residential dwelling on such property, or on the roof of another
building or structure on such property, to serve the electricity or thermal
needs of that property upon which such facilities are located, provided that
such installation is (i) in compliance with any height and setback requirements
in the zoning district where such property is located and (ii) in compliance
with any provisions pertaining to any local historic, architectural
preservation, or corridor protection district adopted pursuant to &#xA7;
15.2-2306 where such property is located. Unless a local ordinance provides
otherwise, a ground-mounted solar energy generation facility to be located on
property zoned agricultural and to be operated under &#xA7; 56-594 or 56-594.2
shall be permitted, provided that such installation is (a) in compliance with
any height and setback requirements in the zoning district where such property
is located and (b) in compliance with any provisions pertaining to any local
historic, architectural preservation, or corridor protection district adopted
pursuant to &#xA7; 15.2-2306 where such property is located. Except as otherwise
provided herein, any other solar facility proposed on property zoned
agricultural, including any solar facility that is designed to serve, or serves,
the electricity or thermal needs of any property other than the property where
such facilities are located, shall be subject to any applicable zoning
regulations of the locality.

C. An owner of real property zoned commercial, industrial, or institutional may
install a solar facility on the roof of one or more buildings located on such
property to serve the electricity or thermal needs of that property upon which
such facilities are located, provided that such installation is (i) in
compliance with any height and setback requirements in the zoning district where
such property is located and (ii) in compliance with any provisions pertaining
to any local historic, architectural preservation, or corridor protection
district adopted pursuant to &#xA7; 15.2-2306 where such property is located.
Unless a local ordinance provides otherwise, a ground-mounted solar energy
generation facility to be located on property zoned commercial, industrial, or
institutional shall be permitted, provided that such installation is (a) in
compliance with any height and setback requirements in the zoning district where
such property is located and (b) in compliance with any provisions pertaining to
any local historic, architectural preservation, or corridor protection district
adopted pursuant to &#xA7; 15.2-2306 where such property is located. Except as
otherwise provided herein, any other solar facility proposed on property zoned
commercial, industrial, or institutional, including any solar facility that is
designed to serve, or serves, the electricity or thermal needs of any property
other than the property where such facilities are located, shall be subject to
any applicable zoning regulations of the locality.

D. An owner of real property zoned mixed-use may install a solar facility on the
roof of one or more buildings located on such property to serve the electricity
or thermal needs of that property upon which such facilities are located,
provided that such installation is (i) in compliance with any height and setback
requirements in the zoning district where such property is located and (ii) in
compliance with any provisions pertaining to any local historic, architectural
preservation, or corridor protection district adopted pursuant to &#xA7;
15.2-2306 where such property is located. Unless a local ordinance provides
otherwise, a ground-mounted solar energy generation facility to be located on
property zoned mixed-use shall be permitted, provided that such installation is
(a) in compliance with any height and setback requirements in the zoning
district where such property is located and (b) in compliance with any
provisions pertaining to any local historic, architectural preservation, or
corridor protection district adopted pursuant to &#xA7; 15.2-2306 where such
property is located. Except as provided herein, any other solar facility
proposed on property zoned mixed-use, including any solar facility that is
designed to serve, or serves, the electricity or thermal needs of any property
other than the property where such facilities are located, shall be subject to
any applicable zoning regulations of the locality.

E. Nothing in this section shall be construed to supersede or limit contracts or
agreements between or among individuals or private entities related to the use
of real property, including recorded declarations and covenants, the provisions
of condominium instruments of a condominium created pursuant to the Virginia
Condominium Act (&#xA7; 55.1-1900 et seq.), the declaration of a common interest
community as defined in &#xA7; 54.1-2345, the cooperative instruments of a
cooperative created pursuant to the Virginia Real Estate Cooperative Act (&#xA7;
55.1-2100 et seq.), or any declaration of a property owners&#8217; association
created pursuant to the Property Owners&#8217; Association Act (&#xA7; 55.1-1800
et seq.).

F. A locality, by ordinance, may provide by-right authority for installation of
solar facilities in any zoning classification in addition to that provided in
this section. A locality may also, by ordinance, require a property owner or an
applicant for a permit pursuant to the Uniform Statewide Building Code (&#xA7;
36-97 et seq.) who removes solar panels to dispose of such panels in accordance
with such ordinance in addition to other applicable laws and regulations
affecting such disposal.

HISTORY: 2018, cc. 495, 496.