Council hears proposed overhaul of Davenport’s solar zoning; staff to return in June

Davenport City planning staff presented a comprehensive update to the city's solar ordinance at a management update, outlining a package of changes that would restrict where large "solar utility-scale" projects may be placed, add decommissioning and maintenance requirements, and create new safety setbacks for battery energy storage systems.

Laura, a community planner in the Community Planning department, told the council the moratorium was placed "in May with the purpose to allow staff time to review existing ordinances and draft any necessary amendments," and that the Plan and Zone Commission has recommended the proposed ordinance. She said the city is aiming to bring the ordinance back to council around June (staff referenced June 25 as an internal target) and that the moratorium was extended to that date to allow time for the alignment with the West Davenport land-use and infrastructure plan.

Why it matters: The rewrite would narrow where large solar farms can be sited as a principal use and increase the standards they must meet. Staff said they propose removing solar as a permitted principal use in commercial, office-park and institutional-campus districts and allowing solar utility-scale only as a special use in light industrial, heavy industrial and agricultural districts. That change would, on staff maps, reduce eligible areas inside the West Davenport study area to roughly 30% of the area shown as industrial in the draft consultant plan.

Key provisions described by staff include: a new terminology change from "solar farm" to "solar utility-scale" and new definitions for "solar energy system"; expansion of principal-use standards from four to twelve items (adding district setbacks, required utility approvals, site maintenance plans and decommissioning plans); decommissioning expectations with a staff-extended repair window (staff noted MidAmerican Energy told them a 180-day repair window was not reasonable); and battery-energy-system safeguards with larger setbacks and coordination with the fire department.

Laura summarized battery rules staff is proposing: larger setback distances for battery energy systems (staff cited 200 feet from property lines or bodies of water and 500 feet from buildings) and a distinct decommissioning plan because of hazardous materials used in large battery systems. She emphasized zoning is intended to work "in partnership with the regulatory authority" (for example, the fire department's hazardous materials team) and not to replace building or fire-code authority.

On accessory and residential solar, staff said rooftop (building-mounted) solar is not under moratorium and remains permitted. The freestanding (ground-mounted) accessory component is the focus of changes: under current code small ground-mounted panels under 4 feet can be placed in front yards; staff proposed tightening that standard, generally allowing freestanding accessory panels in rear and interior side yards, capping them at a maximum height of 10 feet and limiting their area to 50% of building footprint or 750 square feet (whichever is greater). Parking-lot solar was noted as generally acceptable when vehicle clearance (8 feet) and landscape islands remain intact.

Process and public involvement: Staff walked through the special-use process: pre-application meeting, notice to property owners within 200 feet, a near-complete (about 90%) site plan for technical review and coordination with utilities, and a public hearing at the Zoning Board of Adjustment where approval could be granted with conditions, denied or postponed. Laura said the proposed ordinance will be packaged alongside the West Davenport land-use and infrastructure plan so the council can consider them together.

Council reaction and next steps: Members raised questions about whether the West Davenport draft would shift significantly and argued for clear direction about where solar should and should not be allowed. Chair (running the update) warned, "We can't kick the can one more time," urging members to give feedback so staff can finish the ordinance in time for the June agenda. Several council members recommended routing detailed amendments and technical questions through the community development chairs (Matt and Mark) so staff can prepare amendments and coordinate with legal if needed.

No final vote was taken at the management update. Staff said they will deliver a full proposed ordinance and comparative packet to council, and asked for any significant concerns promptly so amendments can be drafted and considered before the moratorium expires.