The district regulations hereinafter set forth in this chapter qualify or supplement, as the case may be, the district regulations appearing elsewhere in this title. (1982 Code § 5-9-1)

   A.   Public, semipublic or public service buildings, hospitals, institutions or schools, when permitted in a district, may be erected to a height not exceeding sixty feet (60'), and churches and temples may be erected to a height not exceeding seventy five feet (75') if the building is set back from each yard line at least one foot (1') for each foot of additional building height above the height limit otherwise provided in the district in which the building is located.

   B.   Single-family dwellings may be increased in height by not more than ten feet (10') when the side and rear yards are increased over the yard requirements of the district in which they are located by not less than ten feet (10') but the dwellings shall not exceed three (3) stories in height. (1982 Code § 5-9-1)

   C.   No building exceeding two and one-half (21/2) stories or thirty feet (30') in height shall be erected within seven hundred fifty feet (750') of any airport, landing strip or landing field.

   D.   Buildings that are to be used for storage purposes may exceed the maximum number of stories that are permitted in the district in which they are located, but such buildings shall not exceed the number of feet of building height permitted in such districts. (1982 Code § 5-9-5)

   E.   Chimneys, cooling towers, elevator bulkheads, fire towers, monuments, stocks, stage towers or scenery lofts, tanks, water towers, ornamental towers and spires, church steeples, radio towers or necessary mechanical appurtenances may be erected to a height in accordance with existing or hereafter adopted ordinances of the village. (1982 Code § 5-9-1)

   A.   No accessory building shall be constructed upon a lot until the construction of the main building has been actually commenced, and no accessory building shall be used for dwelling purposes.

   B.   Accessory buildings shall have a height limitation of fifteen feet (15') and not more than one hundred (100) square feet in area. (1982 Code § 5-9-2)

   C.   Accessory buildings may be built in a required rear yard, but such accessory buildings shall not occupy more than thirty percent (30%) of the required rear yard. (1982 Code § 5-9-1)

Temporary buildings that are used in conjunction with construction work only may be permitted in any district during the period that such construction work is in progress, but such temporary buildings shall be removed upon completion of the construction. (1982 Code § 5-9-5)

More than one industrial, commercial or institutional building may be erected upon a single lot or tract; provided, that such buildings are developed as a unit, but the yards and open spaces required around the boundaries of the lot or tract shall not be encroached upon by any such building, nor shall there be any change in the intensity of use regulations. (1982 Code § 5-9-5)

   A.   Every part of a required yard shall be open to the sky, unobstructed, except for accessory buildings in a rear yard, and except for the ordinary projections of sills, belt courses, cornices and ornamental features projecting not to exceed twelve inches (12"). (1982 Code § 5-9-3)

   B.   Open or lattice enclosed fire escapes, fireproof outside stairways, and balconies opening upon fire towers projecting into a rear yard not more than five feet (5'), and the ordinary projections of chimneys and flues into the rear yard, may be permitted by the building/zoning inspector. (1982 Code § 5-9-3; amd. 2016 Code)

   A.   1. Fences in which the opening between the materials of which the fence is constructed represents less than seventy percent (70%) of the total fence may be erected to a height not exceeding six feet (6') along the boundaries of a lot; except, that no such fence shall be erected within thirty feet (30') from any curb or edge of a street intersection. (1982 Code § 5-9-4; amd. 2016 Code)

      2.   Wire fences and other fences in which the openings between the materials of which the fence is constructed represent more than seventy percent (70%) of the total fence area may be erected to a height of six feet (6').

   B.   No privacy fence shall be constructed to reach closer to the front property line than five feet (5') back from the front structural line of the main residential building.

   C.   No hedge, trees or other obstruction shall be permitted to be within thirty feet (30') from any curb or edge of a street intersection so as to obstruct the vision of motorists. (1982 Code § 5-9-4)

Whenever a lot abuts upon an alley, one-half (1/2) of the width of the alley may be considered as a portion of the required rear yard. (1982 Code § 5-9-1)

Two (2) or more contiguous nonconforming lots of record may be resubdivided into the same or lesser numbers of lots; provided, that none of such lots, after such resubdivision, will have an area less than that which any of said lots so resubdivided had prior to such resubdivision. (1982 Code § 5-9-6)

   A   Definitions: The following terms and phrases shall have the definitions set forth below, except where context clearly requires otherwise:

   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 is not attached or affixed to an existing structure.

   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.

   PERSONAL SOLAR WATER SYSTEM: Solar water systems may be allowed as roof or wall mounts as long as they are not on the side of the structure facing the street. If it is a room mount, it cannot project above the ridge height or be visible from the street facing side.

   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.

   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 (1) 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.

   B.   Personal Solar Energy System (PSES):

      1.   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 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. The provisions of this section shall not be deemed to nullify any provisions of state or federal law.

      2.   Personal Solar Energy Systems shall be subject to the requirements included in the Village Zoning Code unless otherwise stated herein:

         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 system components must have an Underwriters Laboratory (UL) listing or approved equivalent.

         d.   Reflection: PSES systems must have reflective/anti-glare coating that was part of manufacturing process.

         e.   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.

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

         g.   All PSES systems must follow manufacturers installation instructions.

         h.   Framework for PSES shall not extend more than six inches (6") beyond the width of the installed solar panels.

         i.   Prior Existing PSES: Any nonconforming building, structure, or use which exists lawfully at the effective date hereof may be continued in accordance with the grandfathering regulations of this Code.

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

      1.   Ground Mount Personal Solar Energy Systems shall be considered an accessory structure and require a permit. All requirements imposed by this Code upon accessory structures shall apply to ground mount personal solar energy systems to the extent those requirements do not conflict with the provisions of this Section, except however the ground mount personal solar energy system shall not be required to be of a color which matches the primary structure.

      2.   Height: Shall not be greater than twelve feet (12') at maximum tilt of the solar panel(s) in any zoning district.

      3.   Setbacks: No PSES shall be permitted to be in the required front or side yard.

      4.   Coverage: Ground mount systems shall not exceed seven hundred (700) square feet of solar panel surface area.

      5.   Prohibited: There shall not be more than one PSES per lot.

      6.   Measurement: Measurements for setbacks are to be based on the maximum vertical dimensions of the PSES (full horizontal tilt).

      7.   Screening: Ground mount PSES shall be screened from view from existing dwellings with decorative landscaping or fencing. Landscaping or fencing must be six feet (6') tall and be installed within thirty (30) days after ground mounted solar panels are complete.

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

      1.   Roof Mount Personal Solar Energy Systems shall be considered a building Improvement and requires a permit.

      2.   Height:

         a.   Shall not project more than twelve inches (12") above the roof; and

         b.   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 twelve inches (12") of the maximum allowable height, then the PSES may project no more than twelve inches (12") above the roof, even if it exceeds the maximum allowable height.

      3.   In addition to building setbacks the mounting devises for roof mounted systems shall not extend beyond the exterior perimeter of the building on which the systems is mounted or built, unless the collector or mounting system has been engineered to safely extend beyond the edge, and setback requirements are not violated. Exterior piping for solar thermal systems shall be allowed to extend beyond the perimeter of the building on a side yard exposure.

      4.   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 (3') perimeter around panels.

      5.   Roof Coverage: Roof mount solar energy systems shall not occupy more than eighty percent (80%) of the aggregate square footage of the roof area. The roof shall be considered a part of a building completely covering and permanently attached to such building and can be flat or pitched.

   E.   Approval And Building Permits:

      1.   All requests for solar energy systems will require a permit from the Village of San Jose.

   F.   Non-Conforming Systems:

      1.   All solar energy systems shall be maintained and kept in good working order. If it is determined that a solar energy system is not being maintained, kept in good working order, or is no longer being utilized to perform its intended use for six (6) consecutive months, the property owner shall be given thirty (30) day notice for removal or repair of the unit and all equipment. It shall be a unlawful for any person owning or occupying any real estate located within the Village of San Jose to fail to remove or repair a solar energy system within thirty (30) days of receipt of the notice for removal or repair.

   G.   Penalties:

      1.   A failure to obtain applicable permit(s) for the construction of a solar energy system or failure to comply with the requirements of a permit or the provisions of this chapter shall be deemed a violation. The Village of San Jose may bring an action to enforce compliance of the requirements of this section in accordance with the General Provisions set forth in the Village Municipal Code.

(Ord. 23-001, 5-29-2023)