The purposes of this Chapter are to:

1.

Provide zoning regulations to guide the size and location of small wind and solar renewable energy systems in the City of Naperville in conjunction with the provisions set forth and referenced in Title 8 (Public Utilities), Chapter 1 (Electricity), Article (A) (General Provisions), Section 1 (Definitions, and Article C (Electric Service Rates), Section 4 (Schedule of Rates), Subsection 14 (Energy Credits for Self-Supply Electric Utility Customers), defined herein as the "Title 8 Self-Supply Solar Provisions".

2.

Accommodate sustainable energy production from renewable energy sources.

3.

Preserve the aesthetics of the zoning districts in the interest of property values, public health, and welfare.

(Ord. No. 10-159, § 1, 12-21-2010; Ord. No. 22-141, § 3(Exh. B), 12-20-2022)

As used in this Chapter, the following terms shall have the meanings indicated:

The requirements set forth in this Section are applicable to the installation of any Renewable Energy Systems governed by this Chapter and by the Title 8 Self-Supply Solar Provisions.

1.

Applicability: The provisions of this Chapter are intended to establish zoning parameters by which solar and small wind energy systems may be installed in the City of Naperville. Large wind energy systems are not permitted. Additional renewable energy installations not addressed explicitly herein may be authorized subject to compliance with the applicable codes and standards of the City of Naperville. Renewable Energy Systems owned or operated by or on behalf of the City of Naperville shall be exempt from the provisions of this Chapter 15.

2.

Use: Except as authorized by the City Council for public utility purposes, a Renewable Energy System shall be accessory to the principal permitted use of a site.

3.

Approvals: Approval granted to an individual property owner for a Renewable Energy System under the provisions of this Chapter and the Title 8 Self-Supply Solar Provisions shall not be construed to bar owners or tenants of any adjacent property from ordinary or permitted building, landscaping or other accessory improvements, even if such improvements may diminish the function of said Renewable Energy System.

4.

Permitting and Installation:

4.1.

Unless otherwise exempted by the Director of Transportation, Engineering and Development, a City of Naperville building permit is required prior to the installation of any Renewable Energy System in addition to the requirements set forth in the Title 8 Self-Supply Solar Provisions.

4.2.

Reserved.

4.3.

The owner of a Renewable Energy System shall ensure that it is installed and maintained in compliance with applicable building and safety codes adopted by the City and any other State or Federal agency of competent jurisdiction and the Title 8 Self-Supply Solar Provisions.

4.4.

All small wind energy systems shall be equipped with manual and/or automatic controls to limit rotation of blades to a speed within the manufacturers designed limits.

4.5.

All wiring associated with a Renewable Energy System shall be underground or contained within a raceway that complements the building materials of the principal structure.

5.

Interconnection with Department of Public Utilities - Electric:

5.1.

Interconnection of a Renewable Energy System with the City's electrical distribution system shall be subject to the requirements of the Title 8 Self-Supply Solar Provisions.

6.

Illumination of a Renewable Energy System shall be prohibited, except to accommodate co-installation of parking lot lighting luminaries in accordance with the provisions of Section 6-14 (Performance Standards) of this Title or as required by the Federal Aviation Administration (FAA) or other state or Federal agency of competent jurisdiction.

7.

Signage: No commercial signage or attention-getting device is permitted on any Renewable Energy System.

7.1.

A sign of a plain white background with black lettering not exceeding four (4) square feet in size shall be provided on each small wind energy system which indicates the emergency contact information of the property owner or operator.

8.

Screening: There shall be no required mechanical screening for Renewable Energy Systems.

9.

Historic Structure: Renewable Energy Systems shall comply with Chapter 6-11 (Historic Preservation) of this Title.

(Ord. No. 10-159, § 1, 12-21-2010; Ord. No. 16-170, § 3, 10-18-2016; Ord. No. 22-141, § 3(Exh. B), 12-20-2022)

1.

Authorization of Use:

1.1.

Roof-Mounted Small Wind Energy System:

1.1.1.

Permitted Use: Roof-mounted small wind energy systems may be authorized administratively in all Business Districts listed in Chapter 7 and Industrial Districts listed in Chapter 8 in accordance with the requirements of this Title and subject to approval by the Director of Public Utilities and the Director of Transportation, Engineering and Development, or their designees.

1.1.2.

Conditional Use: Roof-mounted small wind energy systems may be authorized as a conditional use in any Residence District listed in Chapter 6 in accordance with the procedures established in Section 6-3-8 (Conditional Use) of this Title and the provisions of Section 6-15-6 of this Chapter.

1.2.

Ground-Mounted Small Wind Energy System:

1.2.1.

Permitted Use: Ground-mounted small wind energy systems may be authorized administratively in the I (Industrial), ORI (Office, Research and Light Industrial), RD (Research and Development) and BP (Business Park) Districts up to a height of one hundred (100) feet in accordance with the requirements of this Chapter and subject to approval by the Director of Public Utilities and the Director of Transportation, Engineering and Development, or their designees.

1.2.2.

Conditional Use:

1.2.2.1.

A ground-mounted small wind energy system may be authorized as a conditional use in any Residence District listed in Chapter 6 or in any Business District listed in Chapter 7 except the BP (Business Park) District in accordance with the procedures established in Section 6-3-8 (Conditional Use) of this Title and the provisions of Section 6-15-6 of this Chapter.

1.2.2.2.

A ground-mounted small wind energy system may be authorized as a conditional use in the I (Industrial), ORI (Office, Research and Light Industrial), RD (Research and Development) and BP (Business Park) Districts when greater than one hundred (100) feet in height.

1.3.

Number: Only one (1) ground mounted small wind energy system or one (1) roof-mounted small wind energy system shall be permitted per lot in accordance with the provisions of this Chapter.

2.

Height:

2.1.

Roof-Mounted Small Wind Energy System: The total height of a roof-mounted small wind energy system shall not exceed ten (10) feet above the peak roof height or ten (10) feet above the maximum permitted height of the zoning district, whichever is less.

2.2.

Ground-Mounted Small Wind Energy System:

2.2.1.

In all Business Districts listed in Chapter 7, except BP (Business Park), and for any institutional, utility or non-residential use in any Residence District listed in Chapter 7, ground-mounted small wind energy systems shall be limited to a maximum total system height of sixty (60) feet.

2.2.2.

In the I (Industrial), ORI (Office, Research and Light Industrial), RD (Research and Development) and BP (Business Park) Districts, ground-mounted small wind energy systems shall be limited to a maximum total system height of one hundred fifty (150) feet.

2.2.3.

In all zoning districts, the minimum clearance between the lowest tip of the rotor or blade and the ground shall be fifteen (15) feet.

2.2.4.

Any small wind energy system that exceeds the height limitations defined in this Section shall be required to obtain approval of a zoning variance in accordance with Section 6-3-5 (Variances) of this Title.

2.3.

Roof-mounted and ground-mounted small wind energy systems accessory to a residential use in a Residence District listed in Chapter 6 shall have a maximum height limitation as determined through the conditional process in accordance with the procedures established in Section 6-3-8 (Conditional Uses) of this Title and the standards provided in Section 6-15-6.3 of this Chapter.

3.

Location:

3.1.

Roof-Mounted Small Wind Energy Systems:

3.1.1.

Roof-mounted small wind energy systems shall be affixed to the roof deck of a flat roof or to the ridge or slope of a pitched roof and may not be affixed to the parapet or chimney of any structure.

3.1.2.

Such systems must be set back a minimum of five (5) feet from the edge or eave of the roof.

3.2.

Ground-Mounted Small Wind Energy Systems:

3.2.1.

Ground-mounted small wind energy systems, including all appurtenances and anchoring equipment, shall not be located within the required front yard or corner side yard or in any utility, water, sewer, or other type of public easement.

3.2.2.

Ground-mounted small wind energy systems, including all appurtenances and anchoring equipment, shall be set back a distance equal to 1.1 times the system height, from the base to all property lines, third party transmission lines, ground-mounted small wind energy systems, overhead electric distribution systems and communication towers.

4.

Noise: Sound levels for any small wind energy system shall not exceed the maximum decibels established in Chapter 14 (Performance Standards) of this Title. The City may, at its discretion, require a professional sound measurement by a third party expert at the expense of the property owner, to confirm performance of the wind energy system, in accordance with the performance standards, as measured from the ground level at the nearest property line.

5.

Color: Small wind energy systems may remain finished in the color originally applied by the manufacturer, unless otherwise authorized by the building permit. Finishes shall be non-reflective, neutral and monochromatic in color and shall minimize visual disruption to the surrounding area. Ground equipment, such as cabinets and associated facilities, shall be factory finished to match or complement the color of other structures on the lot.

6.

Unauthorized Access: Ground-mounted small wind energy systems and all components thereof shall be protected against unauthorized access by the public. No climbing ladder, foot pegs or rungs shall be permanently attached below a height of twelve (12) feet above grade.

(Ord. No. 10-159, § 1, 12-21-2010)

1.

Authorization of Use:

1.1.

Permitted Use:

1.1.1.

Building integrated solar energy systems may be authorized by City permit in all zoning districts in accordance with the requirements of this Chapter and the Title 8 Self-Supply Solar Provisions.

1.1.2.

Building-mounted and ground-mounted solar energy systems may be authorized administratively in all Business Districts listed in Chapter 7 and all Industrial Districts listed in Chapter 8 in accordance with the requirements of this Chapter and the Title 8 Self-Supply Solar Provisions.

1.1.3.

Building-mounted solar energy systems and small-scale ground-mounted solar energy systems may be authorized administratively in all Residential Districts in Chapter 6 in accordance with the requirements of this Chapter and the Title 8 Self-Supply Solar Provisions.

1.2.

Conditional Use:

1.2.1.

Large-scale and medium-scale ground-mounted solar energy systems may be authorized as a conditional use in any Residence District in accordance with the procedures established in Section 6-3-8 (Conditional Use) of this Title and the provisions of Section 6-15-6 of this Chapter.

2.

Height:

2.1.

Building-Mounted Solar Energy System: A building mounted solar energy system installed on a flat or mansard style roof may extend up to three (3) feet above the applicable maximum building height limit for the subject building type or more than five (5) feet above the highest point of the roof line, whichever is less. This additional height allowance shall not apply to installations on pitched roof structures.

2.2.

Ground-Mounted Solar Energy System: Except as provided in Section 2.2.1 below, the maximum height of a ground mounted solar energy system shall be eight (8) feet as measured from the average grade at the base of the pole to the highest edge of the system when oriented at maximum tilt.

2.2.1.

The maximum height of ground mounted solar energy systems located on structures above parking lots in the Business Districts listed in Chapter 7 and in the Industrial Districts listed in Chapter 8 shall be fifteen (15) feet as measured from the average grade at the base of the pole to the highest edge of the system when oriented at maximum tilt.

3.

Location:

3.1.

Ground-Mounted Solar Energy Systems:

3.1.1.

Ground-mounted solar energy systems shall not be located within the required front yard or corner side yard or in any utility, water, sewer, or other type of public easement.

3.2.

All parts of any ground-mounted solar energy system shall be set back at least five (5) feet from the interior side and rear property lines.

(Ord. No. 10-159, § 1, 12-21-2010; Ord. No. 13-020, § 2, 3-19-2013; Ord. No. 19-040, § 2, 4-3-2019; Ord. No. 22-141, § 3(Exh. B), 12-20-2022)

1.

Application: A petition for a conditional use permit for a renewable energy system shall be initiated by application in accordance with the provisions of this Section, and may be issued in accordance with this Section.

2.

Issuance: The City Council may issue or deny a conditional use permit pursuant to this Chapter and the procedures described in Section 6-3-8 of this Title.

3.

Standards for Granting a Conditional Use:

3.1.

The City Council shall determine that the application has met all of the general requirements of this Chapter, except those for which a variance has been specifically granted or sought; and

3.2.

The proposed energy system shall further the intent of this Chapter and provide renewable energy to the property on which it is proposed; and

3.3.

The proposed renewable energy system is located in such a manner as to minimize intrusions on adjacent residential uses through siting on the lot, selection of appropriate equipment, and other applicable means; and

3.4.

The proposed renewable energy system complies with the service rules and policies of City of Naperville's Department of Public Utilities - Electric as may be amended from time to time; and

3.5.

The establishment of the proposed renewable energy system will not prevent the normal and orderly use, development or improvement of the adjacent property for uses permitted in the district.

(Ord. No. 10-159, § 1, 12-21-2010)

1.

Maintenance and removal of Renewable Energy Systems shall conform to the requirements of the Title 8 Self-Supply Solar Provisions.

(Ord. No. 10-159, § 1, 12-21-2010; Ord. No. 22-141, § 3(Exh. B), 12-20-2022)

If any section, subsection, sentence, clause, phrase or portion of this Chapter is held invalid or unconstitutional for any reason by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such judgment shall not affect the validity of the remaining portions hereof.

(Ord. No. 10-159, § 1, 12-21-2010)

This Chapter supersedes all chapters or parts of ordinances adopted prior hereto which are in conflict herewith, to the extent of such conflict.

(Ord. No. 10-159, § 1, 12-21-2010)