1-101:

The purpose of this chapter is to:

A.

Provide zoning regulations to guide the installation and operation of small wind and solar renewable energy systems in the village.

B.

Accommodate sustainable energy production from renewable energy sources.

C.

Preserve the aesthetics of the zoning districts to protect and promote property values and the public health, safety, and welfare.

1-201:

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

Large wind energy system means a wind energy conversion system consisting of a wind turbine, a tower or mounting, and associated control or conversion electronics, which is intended primarily to generate utility power at a commercial scale.

Net metering means an arrangement by which excess energy generated by a renewable energy system is distributed back to the electrical utility grid.

Renewable energy system means a system that generates energy from natural resources such as sunlight, wind, and geothermal heat. As used herein, the term "renewable energy system" refers to small wind energy systems and solar energy systems only.

Small wind energy system means a wind energy conversion system consisting of a wind turbine, a tower or mounting, and associated control or conversion electronics, which is intended primarily to reduce on-site consumption of utility power.

Small wind energy system, ground-mounted means a small wind energy 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.

Small wind energy system, roof-mounted means a small wind energy system affixed to the roof of a principal structure.

Solar energy system means a system that uses the power of the sun to capture, distribute and/or store energy for on-site consumption of utility power.

Solar energy system, building integrated means a solar 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 component of a building.

Solar energy system, building-mounted means a solar energy system affixed to either a principal or accessory structure.

Solar energy system, ground-mounted means a solar energy 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.

Total system height means the total height of the tower and the wind turbine of a small wind energy system, as measured from the average grade at the base of the system to the top of the blade or rotor.

1-301:

The requirements set forth in this section shall govern the construction, installation, maintenance, and removal of all renewable energy systems governed by this chapter.

A.

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 village. Large wind energy systems are prohibited. Additional renewable energy installations not expressly addressed herein may be authorized by the community development director subject to compliance with the applicable codes and standards of the village.

B.

Use. Except as authorized by the village board for public utility purposes, a renewable energy system shall be accessory to the principal permitted use of a site.

C.

Approvals. Approval granted to an individual lot owner for a renewable energy system under the provisions of this chapter shall not be construed to prohibit owners or tenants of any adjacent or nearby lots from ordinary or permitted building, landscaping or other accessory improvements, even if such improvements may diminish the function of said renewable energy system.

D.

Permitting and installation.

1.

Unless otherwise exempted by the community development director, a village building permit is required prior to the installation of any renewable energy system.

2.

Renewable energy systems that do not require a building permit in accordance with section 1-301.D.1 shall not be subject to the requirements of this chapter.

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 village and any other state or federal agency of competent jurisdiction.

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.

5.

All wiring associated with a renewable energy system shall be underground or contained within a raceway that complements the principal structure's building materials.

E.

Interconnection with electric utility.

1.

Energy produced by a renewable system shall be utilized on-site, except for net metering as authorized by the electric utility and other appropriate regulatory agencies required by law.

2.

The interconnection of any renewable energy system to the electric distribution grid shall be in accordance with electric utility service rules and policies and the village's codes, rules and regulations, including standard practices, as amended from time to time.

F.

Lighting. Illumination of a renewable energy system shall be prohibited, except to accommodate co-installation of parking lot lighting luminaries or as required by the Federal Aviation Administration (FAA) or other state or federal agency of competent jurisdiction.

G.

Signage. No commercial signage or attention-getting device is permitted on any renewable energy system, except that a sign of a plain white background with black lettering not exceeding four square feet in size displaying the lot owner's or operator's emergency contact information shall be provided on each small wind energy system.

H.

Screening. There shall be no required mechanical screening for renewable energy systems.

I.

Maintenance and removal of renewable energy systems.

1.

Renewable energy systems must be maintained in good repair and operable condition at all times, including in compliance with all standards in applicable building and technical codes to ensure structural and technical integrity of such facilities, except during maintenance and repair outages. If a system becomes inoperable or damaged, operations must cease and the system must be promptly repaired.

2.

If the village determines that a renewable energy system fails to comply with this code, the village shall provide written notification to the lot owner. The lot owner shall have a period of 90 days from the date of notification to either restore the renewable energy system to operation or remove the system.

3.

In the event such renewable energy system is not brought into compliance with this code within the specified time period, the village may remove or cause the removal of said facility at the lot owner's expense.

4.

The village may pursue any and all available legal remedies to ensure that a renewable energy system that fails to comply with this code or that constitutes a danger to persons or property is brought into compliance or removed.

5.

Any delay by the village in taking enforcement action against the owner of a renewable energy system and the owner of the lot, if such owner is different from the owner of the system, shall not waive the village's right to take any action at a later time.

6.

The village may seek to have the renewable energy system removed regardless of the owner's or operator's intent concerning said facility, and regardless of any permits that may have been issued or granted.

7.

After the renewable energy system is removed, the owner of the lot shall promptly restore the lot to a condition consistent with the lot's condition prior to the installation of the system.

1-401:

Authorization and regulation of use.

A.

Roof-mounted small wind energy system.

1.

Permitted use. Roof-mounted small wind energy systems may be authorized administratively in all business zoning districts and industrial zoning districts in accordance with the requirements of this title and subject to approval by the community development director.

2.

Special use. Roof-mounted small wind energy systems may be authorized as a special use in any residential zoning district in accordance with the village's special use procedures.

B.

Ground-mounted small wind energy system.

1.

Permitted use. Ground-mounted small wind energy systems may be authorized administratively in industrial zoning districts up to a height of 100 feet in accordance with the requirements of this chapter and subject to approval by the community development director.

2.

Special use.

(a)

A ground-mounted small wind energy system may be authorized as a special use in any residential zoning district or in any business zoning district in accordance with the village's special use procedures.

(b)

A ground-mounted small wind energy system may be authorized as a special use in an industrial zoning district when measuring greater than 100 feet in height.

3.

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

C.

Height.

1.

Roof-mounted small wind energy system. The total height of a roof-mounted small wind energy system shall not exceed ten feet above the peak roof height or ten feet above the maximum permitted building height in the zoning district, whichever is less.

2.

Ground-mounted small wind energy system.

(a)

In all business zoning districts and for any institutional, utility or non-residential use in any residential zoning district, ground-mounted small wind energy systems shall be limited to a maximum total system height of 60 feet.

(b)

In industrial zoning districts, ground-mounted small wind energy systems shall be limited to a maximum total system height of 150 feet.

(c)

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

(d)

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 the provisions of this code.

3.

Roof-mounted and ground-mounted small wind energy systems accessory to a residential use in a residential district shall have a maximum height limitation as determined through the special process in accordance with the village's special use procedures.

D.

Location.

1.

Roof-mounted small wind energy systems.

(a)

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.

(b)

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

2.

Ground-mounted small wind energy systems.

(a)

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.

(b)

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, measured from the system's base to all lot lines, third party transmission lines, ground-mounted small wind energy systems, overhead electric distribution systems and communication towers.

E.

Noise. Sound levels for any small wind energy system shall not exceed the maximum decibels allowed by village code, rule, or regulation, as amended. The village may, at its discretion, require a professional sound measurement by a third-party expert at the expense of the lot owner to confirm performance of the wind energy system, in accordance with village codes, rules, and regulations, as measured from the ground level at the nearest lot line.

F.

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.

G.

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 12 feet above grade.

1-402:

Special uses.

A.

Application. A petition for a special use permit for a small wind energy system shall be initiated by application on village forms and in accordance with the provisions of this section, and may be issued in accordance with this section.

B.

Issuance. The village board may approve, approve with conditions, or deny a special use permit pursuant to the village's special use procedures set forth in this code.

C.

Special use standards.

1.

The village board 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

2.

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

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

4.

The proposed renewable energy system complies with the service rules and policies of the village and all electric utilities, as amended from time to time; and

5.

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

1-501:

Authorization and regulation of use.

A.

Permitted use.

1.

Building integrated solar energy systems may be authorized administratively in all zoning districts in accordance with the requirements of this chapter and subject to approval by the community development director or his designee.

2.

Building-mounted and ground-mounted solar energy systems may be authorized administratively in all business zoning districts and all industrial zoning districts in accordance with the requirements of this chapter and subject to approval by the community development director or his designee.

3.

Building-mounted solar energy systems may be authorized administratively in all residential zoning districts in accordance with the requirements of this chapter and subject to approval by the community development director or his designee.

B.

Special use. A ground-mounted solar energy system that is accessory to a residential use or any principal institutional, utility, or non-residential use may be authorized as a special use in any residential zoning district in accordance with this code's special use procedures.

C.

Height.

1.

Building-mounted solar energy system. A building-mounted solar energy system may not extend above the peak roof height of the building which the solar energy systems is affixed to.

2.

Ground-mounted solar energy system. The maximum height of a ground-mounted solar energy system shall be six feet as measured from the average grade at the base of the pole to the highest edge of the system.

D.

Location.

1.

Ground-mounted solar energy systems.

(a)

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.

2.

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

1-502:

Special uses.

A.

Application. A petition for a special use permit for a solar energy system shall be initiated by application on the village's forms and in accordance with the provisions of this section, and may be issued in accordance with this section.

B.

Issuance. The village board may approve, approve with conditions, or deny a special use permit pursuant to this chapter and the procedures described in this code.

C.

Standards for granting a special use. The standards for evaluating a special use request for a solar energy system are set forth in section 1-402.C. of this code.