ACCESSORY: As applied to a building, structure or use. one which on the same lot with, incidental to or subordinate to the main or principal structure.

   CONFORMING STRUCTURE: A conforming use is the use of a structure or land that conforms to the permitted uses under the zoning classifications of a particular use.

   DECOMMISSIONING PLAN: Prepared plan prior to installation of solar collectors that ensures that facilities are properly removed after their useful lite as described in section 9-15-5.6.

   REFLECTORS: Reflectors are surfaces or devices designed to redirect sunlight onto solar panels.

   RIDGE: A roof ridge is the highest point where two (2) roof planes meet.

   SOLAR PANEL: A device for the direct conversion of solar energy into electricity or heat.

   SOLAR PRIVATE FACILITY: Solar collectors and supplementary solar energy equipment that is accessory to a residential or nonresidcntial use and covers an area no more than two (2) acres. In no instance can a solar private facility be the only use on a parcel. Solar private facilities are for onsite use by the owner or tenant of the residential or nonresidcntial use only, io reduce payments to the utility company, and not for sale of energy to any other party.

   SOLAR RAPID SHUTDOWN: Safety feature that allow for quick de-energization of solar energy equipment by rapidly reducing its voltage to safe level. Usually triggered by a switch, to minimize risk of electrical shock, that is readily available to emergency personnel.

   UTILITY NOTIFICATION: Contacting local utility company to obtain appropriate documents/applications to connect to grid. (Ord. 2025-6-10, 6-9-2025)

Solar energy equipment shall be permitted within the corporate limits of the city as follows:

   A.   Solar private facility is a permitted accessory use in any zoning district upon granting of a solar private permit by the city pursuant to application as provided under section 9-15-3 below and must abide by the bulk regulations, density and dimensional standards of the underlying zoning district in which it is located and the provisions of section 9-15-4 below unless a variance is granted pursuant to section 9-15-6 below;

   B.   Solar energy generation facility is permitted in any zoning district only upon the granting of a solar private permit by the city council after a hearing before the city zoning board as set forth in article B. special uses, of chapter 2. administration and enforcement, of title 9, zoning regulations, of the city code and must abide by the bulk regulations, density and dimensional standards of the underlying zoning district in which it is located and the provisions of section 9-15-5 below unless a variance is granted pursuant to section 9-15-6 below. (Ord. 2025-6-10, 6-9-2025)

Applications for approval of solar energy equipment shall include the name, address, telephone number, email address and signature of the applicant (and the property owner, if other than the applicant), the payment of the application fee in an amount determined from time to time by the city council and the following information, all in such detail as requested by the city:

   A.   Legal description of the properly proposed for the solar energy equipment;

   B.   Scaled site plan, showing, at a minimum, the boundaries of the property upon which the solar energy equipment is to be located, the location of all solar energy equipment and the location of all aboveground utility lines or other utility equipment;

   C.   Description of the solar energy equipment and related improvements including, without limitation, its manufacturer and type and description of applicant and its solar energy equipment experience;

   D.   Documentation of compliance with all applicable industry standards. all applicable laws and regulations, and the provisions of this section and any other applicable provisions of the city code;

   E.   Such other information as the city shall request. (Ord. 2025-6-10, 6-9-2025)

   A.   Effective Date. Any solar energy equipment lawfully existing or under construction on                          , 2025 [insert date of adoption by city council], but which does not conform with the requirements of this chapter, shall be known as a nonconforming use and may remain, and the use then being made thereof may be continued. However, any enlargement, alteration, relocation or in use of such can be continued only as provided in this chapter.

   B.   Minimum Standards: Roof mounted solar private facility.

      1.   Solar panels must have underwriter lab (UL) listing or equivalent.

      2.   No reflectors allowed.

      3.   Most recent national electrical code adhered to, especially rapid shutdown.

      4.   Provide evidence local utility has been notified of addition of solar panels and utility approval.

      5.   Roof mount safety, must have a thirty-six feet (36") set-back from Eaves, Rake and Ridge and a thirty-six feet (36") gap in center of roof.

      6.   Allowable gap between roof and panel: Flat roof two (2) feet; Sloped roof twelve (12) inches.

   C.   Minimum Standards: Ground Mounted Solar Private Facility.

      1.   Ground mounted solar private facility to be considered accessory structure.

      2.   Must comply with lot coverage requirements for accessory buildings per zoning districts, in R-l and R-2 districts twenty (20) foot set-back from rear property line and a ten (10) foot set-back for side yards plus a ten (10) foot setback from principal building.

      3.   System must have underwriter lab (UL) listing or equivalent; also proof of notification of utility company and their agreement.

      4.   Must comply with most recent national electrical code, especially rapid shutdown.

      5.   Height of solar panels shall not be more than ten (10) feet at maximum tilt in any zoning district.

      6.   No solar panels to be placed in required front yard or corner side yards and shall not encroach upon the front or side yards adjacent to the abutting streets.

      7.   No reflectors allowed.

      8.   Must be kept in good repair and operatable at all times, if not must cease, repaired or removed.

      9.   Decommissioning plan provided. (Ord. 2025-6-10, 6-9-2025)

   A.   Setbacks.

      1.   All solar energy equipment and accessory structures of the facility, excluding perimeter fencing, must comply with road setbacks established in the underlying zoning district. In agricultural zoning districts, the setback for non-residential structures shall apply.

      2.   All solar energy equipment and accessory structures of the facility, excluding perimeter fencing, must comply with side and rear setbacks established in the underlying zoning district for principal structures.

         a.   In the case of a solar energy generation facility to be built on more than one parcel and the parcels are abutting, a zero side or rear setback shall be permitted to the property line in common with the abutting parcel(s).

      3.   The horizontal separation distance from the solar energy generation facility to the nearest principal residential dwelling shall be al least seventy-five (75) feet. If the facility is to be located on a parcel with a principal residential dwelling, this seventy-five (75) foot setback shall not apply to the principal residential dwelling.

   B.   Height. All solar collectors, transformers, equipment or maintenance structures shall comply with the height restriction of the underlying zoning district.

   C.   Minimum Conditions For Special Use Permit.

      1.   Design And Installation. Solar collectors shall be designed and located to avoid glare or reflection toward any inhabited buildings on adjacent parcels. Solar collectors shall be designed and located to avoid glare or reflection toward any adjacent roadways and shall not interfere with traffic or create a traffic safety hazard.

      2.   Lighting. Lighting shall be limited to the extent required for security and safety purposes and to meet applicable federal, state, or local requirements. Except for federally required lighting. lighting shall be reasonably shielded from adjacent properties and, where feasible, directed downward to reduce light pollution.

      3.   Security Fencing. Facility equipment and structures shall be fully enclosed and secured by a perimeter fence with a height of six (6) to eight (8) feet. Lock boxes and keys shall be provided at locked entrances for emergency personnel.

      4.   Warning Signage. A visible warning sign of "High Voltage" shall be posted at all points of site ingress and egress and along the perimeter fence of the facility, at a maximum of three hundred (300) feet apart. A sign that includes the facility's 911 address and twenty-four (24) hour emergency contact number shall be posted near all entrances to the facility.

      5.   Utility Connection. The applicant shall submil with the special use application a copy of a letter from the electric utility company confirming the review of the application for interconnection has started.

      6.   Eire Safely. It is the responsibility of the applicant to coordinate with the local fire protection district. The applicant shall submit with the special use application an approval letter from the local lire protection district.

      7.   Roads. Any roads that will be used for construction purposes and egress or ingress shall be identified and approved by the road jurisdiction. All applicable road and bridge weight limits shall be met during construction and maintenance. All applicable permits shall be acquired from the road jurisdiction prior to start of construction. The applicant shall submit with the special use application an approval letter from the road jurisdiction(s).

      8.   Endangered Species And Wetlands. Applicant shall seek natural resource consultation with the Illinois department of natural resources (IDNR). The applicant shall submit with the special use application the results of the IDNR EcoCAT consultation. The cost of the EcoCAT consultation shall be paid by the applicant.

      9.   Compliance With Additional Regulations. It shall be the responsibility of the applicant to coordinate with the federal aviation administration and other applicable federal or state authority to attain any additional required approval

for the installation of a solar energy generation facility. The applicant shall submit with the special use application an approval letter from any federal or state authority-requiring permit or approval.

   D.   Minimum Conditions For A Building Permit.

      1.   Building Permit. All solar energy generation facilities require a building permit prior to the initiation of construction. Three full sets of construction plans that conform to the manufacturer's standards and to the officially adopted codes of the city shall be submitted with the building permit application. Said plans shall be certified by an Illinois licensed professional engineer.

      2.   Stormwater And Erosion Control. All solar energy generation facilities must meet all applicable stormwater and erosion control ordinances and regulations.

      3.   Installation Certification. An Illinois licensed professional engineer shall certify that the construction and installation of the solar energy generation facility meets or exceeds the manufacturer's construction and installation standards and the officially adopted codes of the city.

   E.   Maintenance And Operation; Responsibility. The owner of the solar energy generation facility shall maintain facility grounds. Such maintenance shall include all actions necessary to keep the facility grounds free of litter and debris. The owner shall keep all fences maintained in good repair.

   F.   Decommissioning Plan.

      1.   The solar energy generation facility shall be required to have a decommissioning plan to ensure it is properly removed upon the end of the project life or facility abandonment, for purposes of this section, "facility abandonment" shall mean when no electricity is generated by the facility for a consecutive period of two (2) years or when the owner and/or operator of the solar energy generation facility has stated in writing to the city that the owner and/or operator intends to abandon, vacate, or cease solar energy creation operations indefinitely on a specified solar energy generation facility. The decommissioning plan shall stale how the facility will be decommissioned. Decommissioning shall include: removal of all structures (including solar energy equipment and fencing) and debris to a depth of four (4) feet, restoration of the soil, and restoration of vegetation within six (6) months of the end of project life or facility abandonment. The owner shall restore the land to a condition reasonably similar to its condition before the development of the solar energy generation facility, including replacement of top soil, which may have been removed or eroded, and replacement of trees. A decommissioning plan shall be submitted and approved prior to the issuance of the building permit.

      2.   Financial Security. Appropriate means of financial security shall be required as pan of the decommissioning plan. The security shall be in the name of the city for one hundred percent (100%) of the estimated cost of decommissioning. The estimated cost shall not include any projected salvage value of the solar energy equipment and other used equipment. The estimated cost shall be prepared by an Illinois licensed professional engineer.

         a.   Security may be in the form of one of the following:

         (1)   Irrevocable letter of credit;

         (2)   Continuous surety bond;

         (3)   Cash escrow account; or

         (4)   Any other means deemed acceptable by the city.

      3.   Agreement. The decommissioning plan shall also include an agreement between the applicant and the city which stales:

      4.   Financial security must remain valid through the life of the project. An updated decommissioning plan including estimated costs prepared by an Illinois licensed professional engineer and financial security must be submitted to the city every four (4) years;

      5.   The city shall have access to the financial security funds for the express purpose of completing decommissioning if decommissioning is not completed by the owner within six (6) months of the end of project life or facility abandonment;

      6.   The city is granted the right of entry onto the site, pursuant to reasonable notice, to effect or complete decommissioning; and

      7.   The city is granted the right to seek injunctive relief to effect or complete decommissioning, as well as the city's right to seek reimbursement from owner or owner's successor for decommissioning costs which exceed the financial security and to file a lien against any real estate owned by the owner or owner's successor, or in which they have an interest, for the excess amount, and to take all steps allowed by law to enforce said lien.

      8.   Release Of Financial Security. Financial security shall only be released when the city determines, after inspection, that the conditions of the decommissioning plan have been met. (Ord. 2025-6-10, 6-9-2025)

Notwithstanding the foregoing, an applicant may request a variance from any of the provisions of this chapter 15. The variance request shall be made a part of the original application. Permits for solar energy equipment shall be granted by the city council by a simple majority, after the public hearing described above, but variance requests shall require the affirmative vote of two-thirds (2/3) of the city council after the public hearing described above. (Ord. 2025-6-10, 6-9-2025)

Upon approval of solar energy equipment as set forth in this chapter, the solar energy equipment shall be constructed in accordance with the application to the city. Any modifications to the solar energy equipment, whether during or after initial construction, shall require an amendment to the solar private permit or special use permit, as the case may be, which shall require the same procedure as the initial issuance of the solar private permit or special use permit. Upon completion of construction but prior to operation, the property owner shall, at the property owner's expense, engage a licensed electrician to inspect the solar energy equipment to determine compliance with all applicable laws, regulations and ordinances and the provisions of this chapter and provide to the city evidence of such inspection and compliance with the terms of this chapter, in form and substance acceptable to the city. Any deficiencies noted in such inspection shall be corrected prior to operation. (Ord. 2025-6-10, 6-9-2025)

Violations of this chapter shall be punishable as set forth in section 1-4-1 of the city code. (Ord. 2025-6-10, 6-9-2025)