Kildeer City Zoning Code
CHAPTER 21
SOLAR ENERGY SYSTEMS
5-21-1: INTENT:
A. The intent of these standards is to allow for the safe and effective development of solar energy systems that reduce the on-site consumption of fossil fuels or utility supplied electric energy throughout the Village of Kildeer. These regulations are intended to encourage the use of local renewable energy resources and promote sustainable building design and management practices in a manner that minimizes the appearance of a solar collection system.
B. Definitions:
GLARE: | The sensation of brightness within the visual field which causes annoyance, discomfort, or loss of visual performance and visibility. |
PHOTOVOLTAIC CELL: | A semiconductor device that converts solar energy into electricity. |
PHOTOVOLTAIC SYSTEM: | An active solar energy system that converts solar energy directly into electricity. |
SOLAR COLLECTOR: | 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. |
SOLAR COLLECTOR SURFACE: | Any part of a solar collector that absorbs solar energy for use in the collector's energy transformation process. Collector surface does not include frames, supports and mounting hardware. |
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): | A system for which the primary purpose is to convert solar energy into thermal, mechanical or electrical energy for storage and use and reduce on-site consumption of utility power. |
SOLAR ENERGY SYSTEM, ACTIVE: | A solar energy system whose primary purpose is to harvest energy by transforming solar energy into another form of energy or transferring heat from a collector to another medium using mechanical, electrical or chemical means. |
SOLAR ENERGY SYSTEM, BUILDING-INTEGRATE D: | A solar energy system that is an integral part of a principal or accessory building, rather than a separate mechanical device, replacing or substituting for an architectural or structural part of the building. Building-integrated systems include, but are not limited to, photovoltaic or hot water systems that are contained within roofing materials, windows, skylights, awnings, shading devices and similar architectural components. |
SOLAR ENERGY SYSTEM, BUILDING-MOUNTED: | A solar energy system that is mounted on the roof of a principal building. |
SOLAR ENERGY SYSTEM, FLUSH-MOUNTED: | A solar energy system that is mounted flush with a finished surface. |
SOLAR ENERGY SYSTEM, FREESTANDING OR GROUND-MOUNTED: | A solar energy system not attached to another structure and is ground mounted on a rack or pole that is attached to the ground. |
SOLAR ENERGY SYSTEM, JOINT: | A solar energy collector or storage mechanism that supplies energy for structures or processes on more than one lot or in more than one dwelling unit or leasehold, but not to the general public and involves at least two (2) owners or users. |
SOLAR ENERGY SYSTEM, OFF GRID: | 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. |
SOLAR ENERGY SYSTEM, PASSIVE: | 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. |
SOLAR ENERGY SYSTEM, ROOF-MOUNTED: | A solar energy system mounted on a rack that is fastened to or ballasted on a building roof. |
SOLAR FARM: | A commercial facility that converts sunlight into electricity, whether by photovoltaics (PV), concentrating solar thermal devices (CST), or other conversion technology, for the primary purpose of wholesale sales of generated electricity. |
SOLAR GARDEN: | A commercial solar-electric (photovoltaic) array that provides retail electric power (or a financial proxy for retail power) to multiple households or businesses residing or located off-site from the location of the solar energy system. |
SOLAR HEAT EXCHANGER: | A component of a solar energy device that is used to transfer heat from one substance to another, either liquid or gas. |
SOLAR MOUNTING DEVICES: | Racking, frames, or other devices that allow the mounting of a solar collector onto a roof surface or the ground. |
SOLAR PANEL: | A group of photovoltaic cells are assembled on a panel. Panels are assembled on-site into solar arrays. |
SOLAR STORAGE MECHANISM: | Equipment or elements such as piping and transfer mechanisms, containers, heat exchangers or controls thereof and gases, solids, liquids or combinations thereof that are utilized for storing solar energy, gathered by a solar collector, for subsequent use. |
SOLAR THERMAL SYSTEM: | 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. (Ord. 20-O-003, 1-21-2020) |
5-21-2: GENERAL REQUIREMENTS AND INFORMATION:
A. Permitted Systems Requirements: Solar energy systems (SES) are permitted in any zoning district, unless otherwise specified in this article, provided that all building permit requirements and general regulations are met including the Building Code, Zoning Code and the requirements referenced herein.
B. Prohibited Systems: The following shall be prohibited in all zoning districts: freestanding or ground-mounted solar energy system, solar farm, and solar garden.
C. Accessory Structure: SESs are permitted as accessory structures as detailed in this article.
D. On-Site Use: Energy produced through the solar energy system shall be utilized on site; however, the energy output may be delivered to a power grid.
E. Utility Provider Notification: Written evidence must be provided at the time a building permit is requested that the utility company has been notified of the customer's intent to install a solar energy system.
F. Glare: Installation of the solar collection system shall not adversely impact adjacent properties. A solar collection device or combination of devices shall be designed and located to avoid glare or reflection onto adjacent properties, businesses, residential homes and adjacent roadways and shall not interfere with traffic or create a safety hazard. All solar energy systems using a reflector to enhance solar production shall minimize glare from the reflector that impacts adjacent or nearby properties.
G. Emergency Disconnect: An external disconnect switch, readily accessible by emergency responders, and which is clearly identifiable and unobstructed, shall be provided to disconnect power at the solar panel.
H. Tree Removal: Tree removal shall be minimized. If trees or vegetation are to be removed or reduced to allow for the proper functioning of an SES, adherence to the Village's tree preservation ordinance will be required, which may include the replacement of trees.
I. Arrangement: Where feasible, solar collector units shall be implemented to cover an entire roof face.
J. Building Permit Required: No solar energy system (SES) shall be constructed or installed without first obtaining a building permit.
K. Approved Solar Components: Electric solar energy system components must have an Underwriters Laboratory (UL) listing or approved equivalent and solar hot water systems must have a Solar Rating and Certification Corporation (SRCC) rating.
L. Compliance With Building Code: All solar energy systems shall meet approval of local Building Code officials, consistent with Village of Kildeers' current adopted codes; and solar thermal systems shall comply with HVAC-related requirements of the current edition of the International Energy Conservation Code as adopted by the State of Illinois.
M. Compliance With National Electrical Code (NEC): All photovoltaic systems shall comply with the current edition of the National Electrical Code (NEC) adopted by the Village.
N. Compliance With State Plumbing Code: Solar thermal systems shall comply with applicable State of Illinois Plumbing Code requirements. (Ord. 20-O-003, 1-21-2020)
5-21-3: BUILDING-MOUNTED SOLAR ENERGY SYSTEMS:
Building-mounted solar energy systems shall be developed according to the following parameters:
A. Residential:
1. Location: Building-mounted systems are permitted in the following locations:
a. Principal structures. Solar Energy Systems, Building-Integrated, shall be allowed on the roof of the principal structure of the property only and must be mounted flush with the slope of the roof to ensure the lowest profile permissible per manufacturer specifications. Solar shingles integral to the roof of the structure on which they are installed, may be installed on any roof face provided that the entire face of the roof level is covered by the SES. Solar collection devices shall not be constructed on any part of the vertical portion of a mansard roof. Roof-Mounted Solar Energy Systems are permitted provided:
(1) Trim caps are installed on every edge;
(2) The Roof Mounted Solar Energy System does not extend more than six inches (6") above the roof surface;
(3) The Roof Mounted Solar Energy System is not installed on that portion of a roof that faces a street; and
(4) Conduit shall be installed close to gutter lines and painted to match the surface where it is installed or otherwise masked.
b. Exterior Materials. Exterior materials for a solar energy system must match the appearance of architectural shingles or cedar shake shingles and match the color of any existing roof shingles.
2. Orientation: Panels shall be oriented to maximize solar access.
a. Sloping Roof: Solar energy systems shall be mounted flush with the roof, shall not have a highest finished pitch steeper than the roof pitch on which the system is mounted, and the surface of the collector shall not extend any further than one inch (1") from the roof surface at any point. No portion of the solar collectors shall extend beyond the ridgeline of the roof at any point. The total height of the building, including the solar collection devices, shall comply with the height regulations of the zoning district.
b. Flat Roof: Solar collection devices mounted on a flat roof may be oriented to achieve maximum sun exposure but shall not exceed one and one-half inches (1.5") in overall height, or extend above the building parapet. No such mounted panel shall exceed the height regulations of the zoning district.
c. Projection: The collector surface and mounting devices for building-mounted solar energy systems shall cover the entire face of the roof level and not extend beyond the roof edge or the exterior perimeter of the principal structure.
d. Roof Access: Building-mounted solar energy systems shall allow for adequate roof access for fire-fighting purposes.
B. Nonresidential:
1. Location: Building-mounted systems are permitted in the following locations:
a. Principal structures.
b. Any roof face, with the exception of mansard roofs.
2. Orientation: Panels shall be oriented to maximize solar access.
3. Height: Height is measured from the roof surface, on which the system is mounted, to the highest edge of the system.
a. Sloping Roof: Solar collection devices mounted on a sloping roof shall be mounted parallel to the roof whenever possible, and shall not exceed a height of one inches (1") above the ridge of the roof. No such mounted panel shall exceed the maximum permitted height of the structure.
b. Flat Roof: Solar collection devices mounted on a flat roof shall not extend above the building parapet. Solar collection devices shall be consolidated into array groupings located toward the center of the roof, where feasible, rather than situated in a disjointed manner. No such mounted panel shall exceed the maximum permitted height regulations of the zoning district and no panel shall be visible from the street.
4. Projection: The collector surface and mounting devices for building-mounted solar energy systems shall not extend beyond the exterior perimeter of the building on which the system is mounted or built.
5. Roof Access: Building-mounted solar energy systems shall allow for adequate roof access for fire-fighting purposes.
(Ord. 20-O-003, 1-21-2020; amd. Ord. 23-O-022, 12-19-2023)
5-21-4: DECOMMISSIONING:
A. An SES that is visibly damaged or not capable of operating for a period exceeding thirty (30) consecutive days shall be deemed abandoned. The owner of an abandoned SES and the owner of the property on which the SES is located shall cause either: 1) the SES to be repaired and made operable within ninety (90) days after receipt of a notice of abandonment from the Village; or 2) the removal of all SES structures and facilities within ninety (90) days after receipt of a notice of abandonment from the Village.
B. Any abandoned SES that is not removed within ninety (90) days after receipt of a notice of abandonment shall be deemed a public nuisance, which nuisance the Village shall have the right, but not the obligation, to: 1) summarily abate by removing such system at the joint and several expense of the owners of the system and of the property on which the system is located; or 2) address through other means. In the case of such removal, the Village shall have the right, but not the obligation, to file a lien for reimbursement of any and all expenses incurred by the Village in connection with the SES removal and related roof repair, including, without limitation, attorney fees and accrued interest.
C. Upon removal of the SES, the owner of record of the subject property shall restore that portion of the subject property on which the system was installed in accordance with the standards required by the Village's then-current applicable codes. (Ord. 20-O-003, 1-21-2020)
5-21-5: PENALTY:
Any person who violates, disobeys, omits, neglects or refuses to comply with any of the provisions of this article shall, upon conviction, be subject to penalty as provided in section 1-4-1 of this Code for each offense, and a separate offense shall be deemed committed for each day during, or upon which a violation occurs or continues. (Ord. 20-O-003, 1-21-2020)