Solar Energy Facilities & Electric Power Utilities

The Gloucester County Zoning Ordinance (Appendix B of the County Code) regulates solar energy facilities and electric power utilities based on type of use and size of the facility. For specific classifications and regulations of these uses, see the definitions section of the Zoning Ordinance (Section 2-2 of Appendix B) and the district regulations within the Zoning Ordinance (Section 5-2 of Appendix B). In addition, Section 9-28 of the Zoning Ordinance provides supplemental regulations for certain types of solar energy facilities.

History of Zoning Regulation of Solar Energy Facilities

The Zoning Ordinance has been revised several times since its initial adoption of a solar ordinance in 2015. Utility-scale solar energy facilities were initially permitted by Conditional Use Permit (CUP) in all districts except the RC-1 district (where it was permitted as a by-right use). Subsequent amendments to the solar ordinance have resulted in these facilities being permitted only in the SC-1 and RC-1 district by CUP with a maximum of 2% of the acreage of each of these districts permitted to be used for solar energy facilities. In addition, these subsequent amendments have established additional standards for utility-scale, community-scale, and large-scale facilities, such as site plan and decommissioning plan requirements (including sureties), setbacks, buffering requirements, and supplemental CUP application requirements. The table below provides a breakdown of the total acreage permitted in each district and the remaining acreage available for solar development.

Zoning District Limitations for Solar Facilities

Note: This table lists the regulations for community-scale and utility-scale solar energy facilities. These uses are only permitted by CUP in the SC-1 and RC-1 districts.

Source: Gloucester County Department of Planning, Zoning, & Environmental Programs

Unlike the aforementioned solar energy facilities, small-scale, private solar energy facilities (producing 25 kW or less) are permitted by-right in all zoning districts. These structures are typically established as accessory, roof-mounted residential structures or adjacent structures to residences and often serve the uses on the lot they are located. Supplemental regulations are provided for small-scale, private solar energy facilities in Section 9-28(2) of the Zoning Ordinance.

Since initial adoption of a solar ordinance, the Board of Supervisors has approved four utility-scale solar energy facilities through the CUP process: the Gloucester Solar Electric Power Plant (2017), Winterberry Solar facility (2020), Cow Creek Solar facility (2020, CUP approval since expired), and Camellia Solar facility (2021). In addition, prior to requiring a CUP for utility-scale solar energy facilities in the RC-1 district, the Carver’s Creek Solar facility received preliminary site plan approval as a by-right use in this district in 2020. This preliminary site plan approval and subsequent final site plan approvals have established the right for this facility to be developed in this district.

History of Zoning Regulation of Electric Power Utilities

In 2021, due to increased interest in battery energy storage facilities, the Zoning Ordinance was amended to revise the definition of “uses required for the provision and maintenance of public utilities” to create “electric power utilities” as a use separate from this broader use. As part of this amendment, these facilities are permitted by CUP in all districts.

Since this amendment, the Board of Supervisors has approved one electric power utility, a battery energy storage facility. This facility, referred to as the “Nursery Lane Battery Storage” facility, is located adjacent to the Winterberry Solar facility and is proposed to be developed by Strata Solar, the same developer as the Winterberry Solar facility.

Approved Solar Energy Facilities & Electric Power Utilities

Note: Some projects listed in this table were permitted prior to the solar ordinance being amended in 2021 to limit community-scale and utility-scale solar energy facilities by CUP only in the SC-1 and RC-1 districts.

Source: Gloucester County Department of Planning, Zoning, & Environmental Programs

Section 15.2-2232 Review

The Code of Virginia Section 15.2-2232 requires that the Planning Commission review public service corporations and public utilities for being “substantially in accord with the adopted comprehensive plan”. Furthermore, the Commission is to consider the “general or approximate location, character and extent” of the use when performing this review.

Since solar energy facilities and electric power utilities fall under these classifications, the Commission is required to review these uses under this code section. In 2018, the Planning Commission confirmed that the Gloucester Solar Electric Power Plant met this requirement. Subsequent resolutions approving CUP applications for solar energy facilities and electric power utilities have contained language reflecting Section 15.2-2232 and, therefore, confirmed that these uses satisfied this requirement. Furthermore, Carver’s Creek Solar facility was determined to be substantially in accord with the adopted comprehensive plan due to its by-right zoning status at the time of preliminary plan approval.

Due to the Planning Commission’s concern that the Comprehensive Plan offered limited guidance for the Section 15.2-2232 review, the Comprehensive Plan was amended in 2022 to add Appendix J, which established evaluation criteria for all uses classified as “public service corporations” and “public utilities”, including solar energy facilities and electric power utilities. These criteria were developed for the Commission to use during Section 15.2-2232 reviews and fall under three categories: criteria for zoning district and/or future land use types, general criteria for all uses, and criteria for specific uses.