Zoneomics Logo
search icon

Eureka City Zoning Code

ARTICLE XII

SOLAR ENERGY SYSTEMS

Sec. 78-875.- Definitions.

Accessory. As applied to a building, structure, or use, one which is on the same lot with, incidental to and subordinate to the main or principal structure or use and which is used for purposes customarily incidental to the main or principal structure, or the main or principal use.

Distributed generation installer. A person who has completed all requirements to be certified by the State of Illinois and the Illinois Commerce Commission in order to install renewable energy appliances and equipment.

Ground mount solar energy system. A solar energy system that is directly installed into the ground and is not attached or affixed to an existing structure.

Net metering. A billing arrangement that allows solar customers to get credit for excess electricity that they generate and deliver back to the grid so that they only pay for their net electricity usage at the end of the month.

Solar energy. Radiant energy received from the sun that can be collected in the form of heat or light by a solar collector.

Solar energy system (SES). The components and subsystems required to convert solar energy into electric or thermal energy suitable for use. The area of the system includes all the land inside the perimeter of the system, which extends to any fencing.

Personal solar energy system (PSES). Any device or combination of devices or elements which rely upon direct sunlight as an energy source including but not limited to any substance or device which collects sunlight for generating electricity for use on-site. However, the energy output may be delivered to a power grid to offset the cost of energy on-site.

Community garden energy system (CGES). A community solar-electric (photovoltaic) array, of no more than 15 acres in size, that provides retail electric power (or financial proxy for retail power) to multiple households or businesses residing in or located off-site from the location of the solar energy system.

Solar farm energy system (SFES). A commercial facility that converts sunlight to electricity, whether by photovoltaics, concentrating solar thermal devices, or various experimental technologies for on-site or off-site use with the primary purpose of selling wholesale or retail generated electricity in excess of one acre.

Solar panel. A device for the direct conversion of solar energy into electricity or heat.

Structure mount solar energy system. A solar energy system in which solar panels are mounted on a structure.

(Ord. No. 19-01 , § I, 3-19-2019)

Sec. 78-876. - Personal solar energy system (PSES).

(a)

Purpose and intent. The purpose of these regulations is to provide a uniform and comprehensive set of standards for the installation and use of PSESs designed for on-site home, farm, and small commercial use that are used primarily to reduce on-site consumption of utility power. The intent of these regulations is to protect the public health, safety, and community welfare without unduly restricting the development of PSESs.

(b)

Permitted use. Personal Solar Energy Systems shall be considered an accessory use to a principal permitted use in any zoning district.

(c)

Special requirements. Personal solar energy systems shall be subject to the requirements included in the city zoning code unless otherwise stated herein:

(1)

Generally:

a.

All applicable laws, statutes, regulations and ordinances shall be followed.

b.

Use. The PSES shall provide electricity or heat for on-site use by the owner. This does not prohibit an owner from making excess power available for net metering.

c.

Approved solar components. Electric solar energy system components must have an underwriters laboratory (UL) listing or approved equivalent.

d.

Reflection angles. Reflection angles for solar collectors shall be oriented such that they do not project glare onto adjacent properties.

e.

Visibility. Solar energy systems shall be located in a manner to reasonably minimize view blockage for surrounding properties and shading of property to the north while still providing adequate solar access for collectors. They shall be designed to blend into the architecture of the building or be screened from routine view from public rights-of-way provided that the screening shall not affect the operation of the system.

f.

Utility notification. All grid-integrated solar energy systems shall comply with the interconnection requirements of the electric utility. Off-grid systems are exempt from this requirement.

g.

Placement. No building of any structure will be allowed over a utility or within a utility easement.

(2)

Ground mounted PSES. Ground mounted PSES shall be subject to the following requirements:

a.

Height. Shall not be greater than ten feet at maximum tilt of the solar panel(s) in any zoning district.

b.

Setbacks. The PSES shall maintain perimeter setbacks of no less than 30 feet. No PSES shall be permitted to be located in the required front yard.

c.

Coverage. Ground mount systems shall not exceed half the building footprint of the principal structure and shall be exempt from impervious surface calculations if the soil under the collector is not compacted and maintained in vegetation. Foundations, gravel, or compacted soils are considered impervious.

d.

Prohibited. Ground mount systems will not be allowed in any residential area.

e.

Variance. If any of these specifications cannot be met, a variance must be applied for and obtained prior to installation.

(3)

Roof mounted PSES. Roof mounted PSES shall be subject to the following requirements:

a.

Height.

1.

Shall not project more than 12 inches above the roof; and

2.

Shall not be greater than the allowable height of any structure within the zoning district in which the PSES is to be installed, except that if an existing roof is within 12 inches of the maximum allowable height, then the PSES may project no more than 12 inches above the roof, even if it exceeds the maximum allowable height.

b.

Safety. Roof mount solar energy systems, excluding building integrated systems, shall allow for adequate roof access for firefighting purposes to the south facing or flat roof upon which the panels are mounted. Panels should allow for a minimum of a three-foot perimeter around panels. The three feet should be measured from the ridge and sides of the roof. There is no perimeter needed at the gutter. Installation must leave at least 18 inches from hips and valleys. In all cases, installation must comply with the most up to date version of the International Fire Code.

c.

Variance. If any of these specifications cannot be met, a variance must be applied for and obtained prior to installation.

(Ord. No. 19-01 , § I, 3-19-2019)

Sec. 78-877. - Community garden energy system (CGES).

(a)

Purpose and intent. The purpose of these regulations is to provide a uniform and comprehensive set of standards for the installation and use of CGESs designed for multiple households or businesses to reduce the on-site consumption of utility power. The intent of these regulations is to protect the public health, safety, and community welfare without unduly restricting development of CGESs.

(b)

Special use. Community garden energy systems shall require a special use permit within all zoning districts and shall be subject to the procedures and standards included in special uses unless otherwise stated in this chapter.

(c)

Special requirements. Community solar energy systems shall be subject to the requirements included in the city zoning code unless otherwise stated herein:

(1)

Community solar gardens may be located on rooftops. Roof mounted CGES shall be subject to the same requirements as roof mounted PSES.

(2)

Ground mount gardens: Ground mount community solar energy systems must be less than one acre in total size, and require a special use permit in all districts. Ground mount solar developments covering more than one acre shall be considered a solar farm.

(3)

An interconnection agreement must be completed with the electric utility in whose service territory the system is located.

(4)

Dimensional standards: All solar garden related structures in newly platted and existing subdivisions shall comply with the principal structure setback, height, and coverage limitations for the district in which the system is located.

(5)

Ground mount systems shall comply with all required standards for structures in the zoning district in which the system is located.

(6)

The city council may require a decommissioning plan for ground mount community solar energy systems as a condition precedent to the granting of a special use permit. Decommissioning of solar panels must occur in the event they are not in use for 12 consecutive months. The plan shall include provisions for removal of all structures and foundations, restoration of soil and vegetation and a plan ensuring financial resources will be available to fully decommission the site. The city council may require the posting of a bond, letter of credit or the establishment of an escrow account to ensure the proper decommissioning. In the event that the State of Illinois enacts a law with regarding to the decommissioning of a solar energy system, the strictest requirements shall prevail.

(Ord. No. 19-01 , § I, 3-19-2019)

Sec. 78-878. - Solar farm energy system (SFES).

Prohibited. Solar farm energy systems will not be permitted within city limits.

(Ord. No. 19-01 , § I, 3-19-2019)

Sec. 78-879. - Penalties.

A failure to obtain applicable building permit(s) for the construction of a solar energy system or failure to comply with the requirements of a building permit or the provisions of this chapter shall be deemed a violation of this chapter. The city may bring an action to enforce compliance of the requirements of this chapter in accordance with the general provisions set forth in the city's Municipal Code.

(Ord. No. 19-01 , § I, 3-19-2019)

Sec. 78-880. - Approval and building permits.

All requests for solar energy systems will require a permit from the city.

(Ord. No. 19-01 , § I, 3-19-2019; Ord. No. 19-10 , § I, 5-20-2019)

Sec. 78-881. - Non-conforming systems.

Any system existing at the time of the adoption of this article that does not conform to the requirements of this article shall be considered a nonconforming structure, and shall be subject to the regulations pertaining to nonconforming structures in the city zoning ordinance.

(Ord. No. 19-01 , § I, 3-19-2019)