For the purpose of this chapter, the following phrases shall have the affixed meanings:

"Accessory" means a structure that is not considered principal use, and that resides on a lot along with a building or other structure that is considered principal use. An accessory can be temporary or permanent. An accessory that is permanent will be attached to the ground or other object so that it cannot be moved without altering the area around it.

"Community-scale solar energy system" means a commercial solar energy system that converts sunlight into electricity for the primary purpose of serving electric demands off-site from the facility, either retail or wholesale. Community-scale systems are principal uses and projects typically cover less than twenty acres.

"Community solar garden" means a solar energy system of no more than five acres that provides retail electrical power (or a financial proxy for retail power) to multiple community members or businesses residing or located off-site from the location of the solar energy system. Also referred to as shared solar.

"Grid-intertie solar energy system" means a photovoltaic solar energy system that is connected to an electric circuit served by an electric utility company.

"Ground-mounted" means a solar energy system mounted on a rack or pole that rests or is attached to the ground. Ground-mounted systems can be either accessory or principal use.

"Large-scale solar energy system" means a commercial solar energy system that converts sunlight into electricity for the primary purpose of wholesale sales of generated electricity. A large-scale solar energy system will have a project size greater than twenty acres and is the principal land use for the parcel(s) on which it is-located.

"Off-grid solar energy system" means a photovoltaic solar energy system in which the circuits energized by the solar energy system are not electrically connected in any way to electric circuits that are served by an electric utility company.

"Passive solar energy system" means a solar energy system that captures solar light or heat without transforming it to another form of energy or transferring the energy via a heat exchanger.

"Photovoltaic system" means a solar energy system that converts solar energy directly into electricity.

"Pollinator-friendly solar" means a solar installation that has been recognized as a pollinator-friendly installation by the Illinois Department of Natural Resources, consistent with the Illinois Compiled Statutes 525 ILCS 55/1, et. seq.

"Principal use" means the main use of a property.

"Renewable energy easement, solar energy easement" means an easement that limits the height or location, or both, of permissible development on the burdened land in terms of a structure or vegetation, or both, for the purpose of providing access for the benefitted land to wind or sunlight passing over the burdened land.

"Roof-mounted" means a solar energy system mounted on a rack that is fastened to or ballasted on a structure roof. Roof-mounted systems are accessory to the principal use.

"Roof pitch" means the final exterior slope of a roof calculated by the rise over the run, typically, but not exclusively expressed in twelfths such as 3/12, 9/12, 12/12.

"Solar access" means unobstructed access to direct sunlight on a lot or building through the entire year, including access across adjacent parcel air rights, for the purpose of capturing direct sunlight to operate a solar energy system.

"Solar carport" means a solar energy system of any size that is installed on a carport structure that is accessory to a parking area, and which may include electric vehicle supply equipment or energy storage facilities.

"Solar collector" means a device, structure or a part of a device or structure for which the primary purpose is to transform solar radiant energy into thermal, mechanical, chemical, or electrical energy. The collector does not include frames, supports, or mounting hardware.

"Solar daylighting" means capturing and directing the visible light spectrum for use in illuminating interior building spaces in lieu of artificial lighting, usually by adding a device or design element to the building envelope.

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

"Solar energy system" means a device, array of devices, or structural design feature, the purpose of which is to provide for generation or storage of electricity from sunlight, or the collection, storage and distribution of solar energy for space heating or cooling, daylight for interior lighting or water heating.

"Solar hot air system" (also referred to as "solar air heat" or "solar furnace") means a solar energy system that includes a solar collector to provide direct supplemental space heating by heating and re-circulating conditioned building air. The most efficient performance includes a solar collector to preheat air or supplement building space heating. Typically using a vertically mounted collector on a south-facing wall.

"Solar hot water system" means a system that includes a solar collector and a heat exchanger that heats or preheats water for building heating systems or other hot water needs, including residential domestic hot water and hot water for commercial processes.

"Solar mounting devices" means racking, frames, or other devices that allow the mounting of a solar collector onto a roof surface or the ground.

"Solar ready design" means the design and construction of a building that facilitates and makes feasible the installation of rooftop solar.

"Solar resource" means a view of the sun from a specific point on a lot or building that is not obscured by any vegetation, building, or object for a minimum of four hours between the hours of nine a.m. and three p.m. Standard time on all days of the year, and can be measured in annual watts per square meter.

(Ord. No. 1464, § 1, 9-20-22)

Solar energy systems are a permitted accessory use in all zoning districts where structures of any sort are allowed, subject to certain requirements as set forth below. Solar carports and associated electric vehicle charging equipment are a permitted accessory use on surface parking lots in all districts regardless of the existence of another building. Solar energy systems that do not meet the following design standards will require a conditional use permit.

A.

Height. Solar energy systems must meet the following height requirements:

1.

Building or roof-mounted solar energy systems shall not exceed the maximum allowed height in any zoning district. For purposes of height measurement, solar energy systems other than building-integrated systems shall be given an equivalent exception to height standards as building mounted mechanical devices or equipment.

2.

Ground or pole-mounted solar energy systems shall not exceed fifteen feet in height when oriented at maximum tilt.

3.

Solar carports in non-residential district shall not exceed twenty feet in height.

B.

Setback. Solar energy systems must meet the accessory structure setback for the zoning district and principal land use associated with the lot on which the system is located, as allowed below:

1.

Roof or Building-mounted Solar Energy Systems. The collector surface and mounting devices for roof-mounted solar energy systems shall not extend beyond the exterior perimeter of the building on which the system is mounted or built, unless the collector and mounting system has been explicitly engineered to safely extend beyond the edge, and setback standards are not violated. Exterior piping for solar hot water systems shall be allowed to extend beyond the perimeter of the building on a side yard exposure. Solar collectors mounted on the sides of buildings and serving as awnings ae considered to be building-integrated systems and are regulated as awnings.

2.

Ground-mounted Solar Energy Systems. Ground-mounted solar energy systems may not extend into the side-yard or rear setback when oriented at minimum design tilt, except as otherwise allowed for building mechanical systems.

C.

Visibility. Solar energy systems in residential districts shall be designed to minimize visual impacts from the public right-of-way, as described in subparagraphs 1—3 below. Visibility standards do not apply to systems in non-residential districts, except for the aesthetic restrictions described in subparagraph 2 below.

1.

Building Integrated Photovoltaic Systems. Building integrated photovoltaic solar energy systems shall be allowed regardless of whether the system is visible from the public right-of-way, provided the building component in which the system is integrated meets all required setback, land use or performance standards for the district in which the building is located.

2.

Aesthetic Restrictions. Roof- or ground-mounted solar energy systems shall not be restricted for aesthetic reasons if the system is not visible from the closest edge of any public right-of-way other than an alley or if the system meets the following standards:

a.

Roof-mounted systems on pitched roofs that are visible from the nearest edge of the front right-of-way shall have the same finished pitch as the roof and be no more than ten inches above the roof.

b.

Roof-mounted systems on flat roofs that are visible from the nearest edge of the front right-of-way shall not be more than five feet above the finished roof and are exempt from any rooftop equipment or mechanical system screening.

c.

Roof-mounted systems shall match as closely as possible to the color of the roof it is attached to.

d.

All aesthetic restrictions are at the discretion of the Zoning Board of Appeals.

3.

Reflectors. All solar energy systems using a reflector to enhance solar production shall minimize glare from the reflector affecting adjacent or nearby properties.

4.

Maintenance. All solar energy systems should be maintained for the life of the system.

a.

All solar energy systems should be maintained in such a way that they keep in compliance with all current solar standards.

b.

The grounds surrounding all ground mounted solar systems should be mowed and weeds cut back in a way that meets the requirements of the existing City of Havana Ordinance, Section 8.15.060 regarding prohibited noxious weeds and Section 8.15.070 regarding the height of grass and weeds.

D.

Lot Coverage. Ground-mounted systems total collector area shall not exceed half the building footprint of the principal structure.

1.

All ground-mounted systems shall be included in the maximum lot usage for the district that it resides in.

2.

Solar carports are exempt from lot coverage limitations in all districts.

E.

Plan Approval Required. All solar energy systems requiring a building permit or other permit from the City of Havana and shall provide a site plan for review in accordance with the following:

1.

Plan Applications. Plan applications for solar energy system shall be accompanied by to-scale horizontal and vertical (elevation) drawings. The drawings must show the location of the system on the building or on the property for a ground-mounted system, including the property lines.

2.

Any plan that will require approval from any outside company must include a copy of their agreement between the solar installers and that company in regards to the construction.

3.

Plan Approvals. Applications that meet the design requirements of this chapter shall be granted administrative approval by the Zoning Administrator. Plan approval shall indicate compliance with Building Code or Electric Code.

4.

Permits will be required for all approved plans prior to project commencement.

F.

Solar Energy System Permit Fees. The City of Havana will require a permit for all solar energy projects. The fees for this permit will be based on the kilowatt installation of the project and shall be set as follows:

G.

Approved Solar Components. Electric solar energy system components must have a UL or equivalent listing, and solar hot water systems must have an SRCC rating.

H.

Compliance with Building Code. All solar energy systems shall comply with the State of Illinois Building Code and International Building Code, and solar thermal systems shall comply with HVAC-related requirements of the Energy Code.

I.

Compliance with State Electric Code. All photovoltaic systems shall comply with the Illinois State Electric Code.

J.

Compliance with State Plumbing Code. Solar thermal systems shall comply with applicable Illinois State Plumbing Code requirements.

K.

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

(Ord. No. 1464, § 2, 9-20-22)

The City of Havana encourages the development of commercial or utility scale solar energy systems where such systems present few land use conflicts with current and future development patterns. Ground-mounted solar energy systems that are the principal use on the development lot or lots are conditional uses in selected districts.

A.

Site Design.

1.

Community- and large-scale solar arrays must meet the following setbacks:

a.

Property line setback for buildings or structures in the district in which the system is located, except as other determined in subsection e. below.

b.

Roadway setback of one hundred fifty feet from the right of way centerline of state highways and one hundred feet for city streets, except as other determined in subsection e. below.

c.

Housing unit setback of one hundred fifty feet from any existing dwelling unit, except as other determined in e. below.

d.

Setback distance should be measured from the edge of the solar energy system array, excluding security fencing or screening.

e.

All setbacks can be reduced by fifty percent if the array is fully screened from the setback point of measurement.

2.

Screening. Community- and large-scale solar shall be screened from existing residential dwellings.

a.

A screening plan shall be submitted that identifies the type and extent of screening.

b.

Screening shall meet the same height requirements as fencing in the district in which it is located.

c.

Screening shall not be required along property lines within the same zoning district, except where the adjoining lot has an existing residential use.

d.

The City of Havana may require screening where it determines there is a clear community interest in maintaining a viewshed.

3.

Ground Cover and Buffer Areas. The following provisions shall apply to the clearing of existing vegetation and establishment of vegetated ground cover on any community- and large-scale solar system:

a.

Large-scale removal of mature trees on the site is discouraged. The City of Havana may set additional restrictions on tree clearing or require mitigation of cleared trees.

b.

The project design shall include the installation and establishment of ground cover meeting the pollinator-friendly standard consistent with Illinois Compiled Statutes 525 ILCS 55/1, et. seq. "Pollinator-Friendly Solar Site Act", or successor statutes and guidance as set by the Illinois Department of Natural Resources or State legislature.

c.

The applicant shall submit a vegetation management plan adhering to guidance set forth by the pollinator friendly scorecard published by the Illinois Department of Natural Resources.

d.

Pollinator-friendly standards shall be maintained on the site for the duration of the operation, and until the site is decommissioned.

e.

Plant material must not have been treated with systemic insecticides, particularly neonicotinoids.

4.

Foundations. A qualified engineer shall certify that the foundation and design of the solar panel racking and support is within accepted professional standards, given local soil and climate conditions.

5.

Power and Communication Lines. Power and communication lines running between banks of solar panels and to nearby electric substations or interconnections with buildings shall be buried underground. Exemptions may be granted by the City of Havana in instances where shallow bedrock, water courses, or other elements of the natural landscape interfere with the ability to bury lines, or distance makes undergrounding infeasible, at the discretion of the Zoning Board of Appeals.

6.

Fencing. Perimeter fencing for the site shall not include barbed wire, farm fencing, or electric wire design, and shall preferably use wildlife-friendly fencing standards that include clearance at the bottom.

B.

Stormwater and National Pollutant Discharge Elimination System (NPDES). Solar farms are subject to the City of Havana's stormwater management and erosion and sediment control provisions and NPDES permit requirements.

C.

Other Standards and Codes. All solar energy systems shall be in compliance with all applicable local, state and federal regulatory codes, including the State of Illinois Uniform Building Code, as amended; and the National Electric Code, as amended.

D.

Site Plan Required. The applicant shall submit a detailed site plan for both existing and proposed conditions, showing locations of all solar arrays, other structures, property lines, rights-of-way, service roads, floodplains, wetlands and other protected natural resources, topography, underground and overhead electric equipment, pipelines, and any other characteristics requested by The City of Havana for a particular project. The site plan should show all zoning districts and overlay districts.

E.

Decommissioning. A decommissioning plan shall be prepared and submitted as part of the plans.

1.

Decommissioning of the system must occur if the project is not in use or not producing electrical energy for twelve consecutive months.

2.

The plan shall include provisions for removal of all structures and foundations as well as restoration of soil and vegetation.

3.

Disposal of structures shall comply with the City of Havana demolition ordinance, and/or State law.

(Ord. No. 1464, § 3, 9-20-22)

The City of Havana permits the development of community-scale solar, subject to the following standards and requirements:

A.

Roof mounted systems are permitted in all districts where buildings are permitted.

B.

Community-Scale Uses. Ground-mounted community solar energy systems must cover no more than twenty acres (project boundaries), and are a permitted use in industrial districts, and permitted with conditions in all other districts except for R1 and W1. Community-scale solar is not permitted in R1 and W1 districts. Ground-mounted solar developments covering more than twenty acres shall be considered large-scale solar.

C.

Dimensional Standards. All structures must comply with setback, and height standards for the district in which the system is located.

D.

Other Standards. Ground-mounted systems must comply with all required standards for structures in the district in which the system is located.

(Ord. No. 1464, § 4, 9-20-22)

Ground-mounted solar energy arrays that are the principal use on the lot, designed for providing energy to off-site uses or export to the wholesale market, are permitted under the following standards:

A.

Conditional Use Permit. Large-scale solar systems are conditional uses in industrial districts or for sites that have completed remediation.

(Ord. No. 1464, § 5, 9-20-22)

The Zoning Administrator and Code Enforcement Officer shall enforce the provisions of the ordinance codified in this chapter through inspections on such schedules that they deem appropriate. These officers and their agents shall have the right to enter and inspect any solar energy system upon twenty-four-hours' notice to the owner. Any person, firm, or corporation that violates, disobeys, omits, neglects, or refuses to comply with or resists enforcement of any of the provisions of the ordinance codified in this chapter shall be subject to a fine of no less than five hundred dollars, nor more than seven hundred fifty dollars.

(Ord. No. 1464, § 6, 9-20-22)

Consistent with the Homeowners Energy Act (765 ILCS 165), no homeowners' agreement, covenant, common interest community, or other contract between multiple property owners within a subdivision of the City of Havana shall prohibit or restrict homeowners from installing solar energy systems. No energy policy statement enacted by a common interest community shall be more restrictive than the City of Havana's solar energy standards.

P = Permitted, C = Conditional, X = Not Allowed

(Ord. No. 1464, § 7, 9-20-22)