Zoneomics Logo
search icon

Herscher City Zoning Code

CHAPTER 13

PHOTOVOLTAIC SYSTEMS

10-13-1: PURPOSE:

It is the purpose of this chapter to regulate the location and installation of photovoltaic systems. The promotion of safe, effective and efficient use of photovoltaic systems will be balanced against the need to preserve and protect the public health, safety and welfare.

10-13-2: DEFINITIONS:

As used in relation to the subject matter of this Chapter, the following definitions shall apply:
 
APPLICANT:
Means the person or entity filing an application for a permit under this Chapter.
OWNER:
Means the individual or entity that intends to own and operate the photovoltaic system in accordance with the provisions of this Chapter.
PHOTOVOLTAIC SYSTEM:
Means a device for changing light rays from the sun into electricity, also called a solar cell.
PHOTOVOLTAIC SYSTEM, BUILDING INTEGRATED:
Means a photovoltaic system that is an integral part of a principal or accessory building, rather than a separate mechanical device, replacing or substitution for an architectural or structural component of a building.
PHOTOVOLTAIC SYSTEM, MOUNTED ON BUILDING:
A photovoltaic system affixed to either the principal or accessory structure.
PHOTOVOLTAIC SYSTEM, GROUND-MOUNTED:
A photovoltaic system that is not attached to another structure and is affixed to the ground, or that is attached to an antenna, light pole or other utility facility.
 

10-13-3: GENERAL STANDARDS:

The following requirements shall govern the construction and installation of all photovoltaic systems:
   A.   Building Permit: All photovoltaic systems require a building permit from the Building Inspector prior to the initiation of construction. Drawings and specifications by a Licensed Architect or Licensed Engineer shall be submitted to the Village of Herscher and shall provide evidence and certification of compliance with all applicable ordinances and statutes of the Village of Herscher and the State of Illinois.
   B.   Controls: All electrical controls shall be inspected, upon installation by an electrician licensed by the State of Illinois.
   C.   Design Safety Certification: The safety of the design of all photovoltaic systems shall be certified by an electrician licensed by the State of Illinois. The standard for certification shall be good engineering practice and compliance with all ordinances and statutes of the Village of Herscher and the State of Illinois.
   D.   Installation Certification: The design of all photovoltaic systems shall be certified by an electrician licensed by the State of Illinois. The standard for certification shall be good engineering practices and compliance with all applicable ordinances and statutes of the Village of Herscher and the State of Illinois.
   E.   Setbacks: Setbacks from public roads and property lines shall be as established by the Zoning Ordinances of the Village of Herscher.
   F.   Height: A building mounted photovoltaic system may not extend above the peak roof height of the building to which the system is affixed, except on a flat roof, the height of a building-mounted photovoltaic system shall not extend more than six feet (6') above the roof line, or above the maximum permitted heights in the zoning district, whichever is less. The maximum height of a ground-mounted photovoltaic system shall be six feet (6') as measured from the average grade at the base of the pole to the highest edge of the system.
   G.   Prohibited Location: No ground-mounted photovoltaic system shall be constructed or maintained in the front yard of any lot or in the side yard of a corner lot which is closest to the street.
   H.   Utilities Agreement: Proof of an inter-connection agreement between the owner of the lot and the local public utility company shall be submitted to the Village of Herscher with the permit application.
   I.   Accessory Use: A photovoltaic system shall be accessory to the principal permitted use of a site.
   J.   Maintenance: All photovoltaic systems shall be maintained in compliance with applicable Building and Safety Codes of the Village of Herscher and also be in compliance with any other State or Federal statutes or rules and regulations of any agency having jurisdiction to regulate such systems.
   K.   Electricity Usage: Energy produced by a photovoltaic system shall only be used on the site where the system is located.
   L.   Signage: No sign, advertisement or attention-getting device shall be permitted on or attached to any photovoltaic system.

10-13-4: PERMITTED USE:

Building integrated and building mounted photovoltaic systems shall be a permitted use in all zoning districts subject to the approval of the Building Inspector.

10-13-5: SPECIAL USE:

Ground-mounted photovoltaic systems may be authorized as a special use in all zoning districts subject to the provisions of Section 10-12-11 of this Code.

10-13-6: PENALTY:

Any person, firm, corporation, entity, or organization which violates any provision of this chapter shall be fined not less than one hundred dollars ($100.00) and not more than seven hundred fifty dollars ($750.00) for each offense. A separate offense shall be deemed committed on each day during or on which the violation occurs or continues.