A.   Districts Established: In order to carry out the purposes and provisions of this zoning title, the village is hereby divided and organized into the following zoning districts:

RE-1 Residential-estate dwelling district

   RE-2 Residential-estate dwelling district

   RE-3 Residential-estate dwelling district

   R-1 Single-family detached dwelling district

   R-2 Single-family detached dwelling district

   R-3 Single-family detached dwelling district

   R-4 Low density multiple-family district

   R-5 Medium density multiple-family district

   R-B Residential-business district

   B-1 Downtown business district

   B-2 Regional business district

   B-3 Business-service district

   O Office district

   ORD Office, research and development district

   L-1 Light industrial district

   SD Special development district

   B.   Zoning Map, Boundaries: The boundaries of designated districts are shown upon the map made a part of this title, which map is designated as the "zoning map of the village of West Dundee". The zoning map made a part of this title and on file in the office of the village clerk and all notations, references and other information shown thereon are a part of this title and have the same force and effect as if the zoning map and all notations, references and other information shown thereon were fully set forth or described herein. (Ord. 89-04, 4-3-1989)

The following uses of land, buildings or structures are allowed in the districts indicated hereinafter in chapters 4, 5 and 6 of this title, under the conditions specified in this title:

   A.   Uses lawfully established and existing on the effective date hereof.

   B.   Uses lawfully established and existing on the effective date hereof, rendered nonconforming by the provisions herein, shall be subject to the regulations of chapter 11 of this title.

   C.   Permitted uses as designated in chapters 4, 5 and 6 of this title.

   D.   Special uses as designated in chapters 4, 5 and 6 of this title. (Ord. 89-04, 4-3-1989)

   A.   No building or tract of land shall be devoted to any use other than one which is specified as a permitted or special use in chapters 4, 5 and 6 of this title of the zoning district in which such building or land is located. However, where a building permit for a building or structure has been issued in accordance with law, prior to the effective date hereof, and where construction has been begun within six (6) months of such effective date and is being prosecuted to completion, said building or structure may be completed in accordance with approved plans on the basis of which the building permit was issued; and further, may, upon completion, be occupied under a certificate of occupancy by the use originally designated, subject to the provisions of chapter 12 of this title.

   B.   The following uses are hereby prohibited to be conducted within the boundaries of the village:

      1.   Cannabis craft growers;

      2.   Cannabis cultivated centers;

      3.   Cannabis infuser facility;

      4.   Cannabis processing facility; and

      5.   Cannabis transporting business. (Ord. 89-04, 4-3-1989; amd. Ord. 2019-28, 12-2-2019)

   A.   A classification of special uses is hereby established to provide for the location of certain uses hereinafter specified which are deemed desirable for the public welfare within a given district or districts, but which might have an adverse effect upon nearby properties or upon the character and future development of the district in which they are located. Procedures for special uses are set forth in chapter 11 of this title.

   B.   Where a use exists on the effective date hereof and it is classified as a special use by this title, it shall be considered to be a lawful special use. Permits may be secured for additions or alterations to existing buildings or land improvements for expansion of lawful special uses in accordance with the procedures for special uses set forth in chapter 12 of this title. (Ord. 89-04, 4-3-1989)

No new dwelling unit shall be established or maintained where the entire outside grade level shall be more than four feet (4') above the floor level of the dwelling unit (excluding basements, cellars, recreation rooms, laundry rooms, utility and storage areas). (Ord. 89-04, 4-3-1989)

No building or premises shall hereafter be used or occupied, and no building or structure, or part thereof, shall hereafter be erected, raised, moved, reconstructed, extended, enlarged or altered, except in conformity with the regulations herein specified for the district in which it is located. (Ord. 89-04, 4-3-1989)

The following items shall not be considered when computing the height of buildings: steeples, church belfries, spires, chimneys and smokestacks, cooling towers and elevator bulkheads, parapet walls and building equipment penthouses. Also, an antenna structure attached to the roof of a building, for private radio reception or transmission or television reception, to a height not exceeding twelve feet (12') above the height of the building to which it is attached; a ground supported antenna structure for private radio reception or transmission or television reception to a height not exceeding twelve feet (12') above the district height regulation; or as permitted in certain zoning districts, an antenna structure ground or roof supported to a height not exceeding twenty five feet (25') above the district height regulation, for radio or television reception or transmission. (Ord. 89-04, 4-3-1989)

   A.   In all residential districts and business districts, except in the case of planned developments, not more than one principal detached building shall be located on a zoning lot.

   B.   In the case of any lot or plot, substandard in area by the terms of this title, but once legally buildable and thereafter singly and separately held in fee ownership, the rights acquired or existing therein, for the use of said lot or plot as a buildable parcel, shall terminate and become nonexistent and void should the said substandard plot merge in fee with any adjoining land or property, thereby creating a parcel to conform with the area requirements of this title, or thereby enlarging a parcel already conforming with such requirements. Such merger shall be deemed to occur when the same person or persons acquire, obtain or have fee ownership in both parcels whether by purchase, sale, devise, gift or otherwise. (Ord. 89-04, 4-3-1989)

   A.   Permitted In Various Districts: Accessory buildings, structures and uses shall be permitted with all permitted and special uses as allowed in the various zoning districts.

   B.   Compatibility: Accessory uses shall be compatible with the principal use and shall not be established prior to the establishment of the principal use, and shall not include the keeping, propagation or culture of pigeons, poultry or livestock, whether or not for profit.

   C.   Conformance: Except as otherwise regulated by section 10-3-13 of this chapter or otherwise herein, an accessory building or structure hereafter erected, altered, enlarged or moved on a lot shall conform with the following:

      1.   An accessory building or structure containing less than two hundred twenty (220) square feet shall not be closer to the nearest wall of the principal building than three feet (3'), or ten feet (10') for accessory structures containing more than two hundred twenty (220) square feet, and only if all aspects of the accessory building conform to applicable building and fire codes. Size limitations on accessory buildings in any permitted area subject to provisions of this subsection C1.

      2.   An accessory building or structure shall not be located in a required front yard. An accessory building or structure shall not be located less than one hundred feet (100') from a front lot line in the RE-1 district, seventy five feet (75') in the RE-2 and RE-3 districts and fifty feet (50') from a front lot line in all other districts, except for a fence, which is regulated by section 9-1A-7 of this code, or an accessory motor vehicle storage structure located on corner lot in the R-3 district, which due to size limitation of the lot cannot meet the fifty foot (50') front setback requirement may be located in the front yard setback but not closer to the front lot line than the principal structure, not between the principal structure and the street and no less than twenty one feet (21') from the sidewalk. In no event shall an accessory building have a front yard of less than the actual front yard of the principal building located on said lot.

      3.   A detached accessory building or structure in a rear yard shall be not less than three feet (3') from a lot line, except:

         a.   On corner lots, not less than the distance required for a side yard abutting a street; or

         b.   On through lots, not less than the distance required for a front yard; or

         c.   On all lots, an accessory building or structure having vehicular access from an alley shall not be less than five feet (5') from the lot line abutting the alley.

   D.   Total Ground Area Of Accessory Buildings: The total ground area of all accessory buildings or structures permitted in a required rear yard shall not occupy more than thirty percent (30%) of the required rear yard.

   E.   Accessory Motor Vehicle Storage: Except as otherwise regulated by this chapter, accessory motor vehicle storage uses (garages) shall not occupy more than thirty percent (30%) of the required rear yard or exceed seven hundred (700) square feet, whichever is greater. The maximum height shall not exceed twenty four feet (24') in height or be higher than the principal structure. The height of the structure is determined by the tallest portion of the roof measured from grade. Principal structures with an attached motor vehicle storage accessory use shall not be permitted a detached or a second attached motor vehicle storage accessory use. Only one driveway or approach apron per principal structure is allowed.

   F.   Total Ground Area Of Accessory Uses: The total ground area of all accessory uses other than detached motor vehicle storage located in the required rear yard may not occupy more than thirty percent (30%) of the required rear yard or no more than two hundred twenty (220) square feet, whichever is less. The square foot calculation applies to sheds, gazebos and other structures except an aboveground or inground pool or hot tub; a children's play set; a hard plastic type storage unit without foundation; an open to the sky deck; a fountain or pond; a patio, walkway or retaining wall. The height of a shed is limited to a maximum height of twelve feet (12'). Only one shed is permitted per each zoning lot. (Ord. 2014-36, 10-6-2014; amd. Ord. 19-23, 10-7-2019)

   A.   The minimum yard space required for one structure shall not again be considered as yard space for another adjoining structure.

   B.   No lot shall be reduced in area so that the yards or other open spaces and lot area become less than required by this title.

   C.   Except as may be otherwise required for setbacks along federal, state or county highway rights of way, the setback requirement for a front yard shall be as follows:

      1.   The depth required by the zoning district in which the lot is located.

      2.   In the event that forty percent (40%) or more of the lots fronting one side of a street within a block have established building setbacks, of a depth other than required for a front yard by the zoning district in which the lot is located, the front yard depth for each remaining lot, except for corner lots, shall be as follows:

         a.   Extend a line from the closest front corner of the nearest principal building adjacent to one side of the lot to the closest front corner of the nearest principal building adjacent to the other side of the lot.

         b.   Extend a line, at a point equidistant between the side lot lines the shortest distance between the front lot lines to a point where the said line intersects the line mentioned in subsection C2a of this section.

         c.   Extend a line at said point of intersection to the side lot lines, parallel to the front lot line. This line is the required setback line.

         d.   If no principal building exists on one side of the lot to the end of the block, then extend the line described in subsection C2a of this section to the point of intersection of the closest side lot line and front yard line of the corner lot on such street frontage.

   D.   On a through lot, either of the lot lines abutting a street right of way line in a given block may be established as the front lot line. However, when the front lot line of a lot in a block containing through lots has been established by an existing building, such front lot line shall be the front lot line for the remaining lots in the block. (Ord. 89-04, 4-3-1989)

The following obstructions, when located in the minimum area required for specified yards, shall be permitted subject to compliance with all applicable village ordinances:

   A.   In All Yards:

      1.   Chimneys projecting one and one-half feet (11/2') or less into the required yard;

      2.   Flagpoles;

      3.   Ordinary projections of sills, belt courses, cornices and ornamental features projecting not more than one and one-half feet (11/2') into a required yard;

      4.   Ornamental light standards;

      5.   Steps which are necessary for access to permitted buildings or for access to lots from streets and required exterior fire escapes;

      6.   Signs and nameplates as regulated by the provisions of title 9, chapter 4, "Sign Regulations", of this code.

   B.   In Front Yards:

      1.   Awnings and canopies, not ground supported, projecting not more than three and one-half feet (31/2') into a required yard;

      2.   Fuel pumps and air and water outlets in conjunction with automobile service stations, provided they shall be set back at least fifteen feet (15') from the front lot line;

      3.   One-story bay windows, not ground supported, projecting three feet (3') or less into a required yard, provided however, that the total width of such bay windows shall not exceed one-half (1/2) the building width at the lot line;

      4.   Open terraces not over four feet (4') above the average level of the adjoining ground and not projecting over ten feet (10') into a required yard, but not including permanently roofed over terraces or porches;

      5.   Overhanging eaves and gutters, projecting not more than fifteen percent (15%) of the depth of the yards; (Ord. 89-04, 4-3-1989)

      6.   Fences, as regulated by the provisions of section 9-1A-7 of this code and subsection 10-4F-3D of this title. (Ord. 2001-20, 5-7-2001)

   C.   In Rear Yards:

      1.   Arbors and trellises;

      2.   Awnings and canopies not more than five feet (5') into a required rear yard;

      3.   Balconies and open porches;

      4.   Detached private garages;

      5.   Fallout shelters, attached or detached;

      6.   One-story bay windows;

      7.   Overhanging roof eaves and gutters, provided that eaves and gutters of detached accessory buildings are not less than two feet (2') from a lot line;

      8.   Fences as regulated by the provisions of section 9-1A-7 of this code;

      9.   Open terraces not over four feet (4') above the average level of the adjoining ground but not including permanently roofed over terraces or porches;

      10.   Open accessory off street parking and loading spaces;

      11.   Recreational playground, laundry drying equipment;

      12.   Private swimming pools;

      13.   Tennis courts;

      14.   Sheds, toolrooms or similar buildings customarily accessory to the principal use.

   D.   In Side Yards:

      1.   Open accessory off street parking and loading spaces;

      2.   Overhanging eaves and gutters projecting not more than three feet (3') into a required side yard but extending no closer than two feet (2') to a lot line;

      3.   Awnings and canopies, not ground supported, extending no closer than two feet (2') to a lot line;

      4.   Fences as regulated by the provisions of section 9-1A-7 of this code. (Ord. 89-04, 4-3-1989)

(Rep. by Ord. 2006-45, 8-17-2006)

No antenna shall be erected, constructed, maintained or operated in any residential zoning district except in conformance with the following regulations:

   A.   Antennas With Surface Areas Of Ten Square Feet Or Less: Antennas and antenna support structures having a combined surface area not greater than ten (10) square feet, and no single dimension exceeding twelve feet (12'), shall be permitted as an accessory use.

   B.   Antennas, Other Than Amateur Radio Facilities, With Surface Areas Exceeding Ten Square Feet: Antennas and antenna support structures having a combined surface area greater than ten (10) square feet, or having any single dimension exceeding twelve feet (12'), shall be permitted as an accessory use only in compliance with the following regulations:

      1.   Number Limited: No more than one such antenna and antenna support structure may be located on any zoning lot.

      2.   Height Limited: No such antenna or antenna support structure shall exceed twelve feet (12') in height unless such antenna and antenna support structure is attached to a building pursuant to subsection B4 of this section 10-3-13-1.

      3.   Diameter Limited: No such antenna or antenna support structure shall exceed ten feet (10') in diameter.

      4.   Attachment To Buildings Limited: No such antenna or antenna support structure shall be attached to a principal or accessory structure unless all of the following conditions are satisfied:

         a.   Size: The antenna and its support structure shall not exceed fifteen (15) square feet in area or twelve feet (12') in any dimension.

         b.   Height: The antenna and its support structure shall not extend more than three feet (3') above the highest point of the building on which it is mounted or the maximum permissible building height, whichever is less.

         c.   Mounting: The antenna and its support structure shall not be attached or mounted upon any building appurtenance, such as a chimney. The antenna and its support structure shall not be mounted or attached to the front of any principal building or to the side of any building facing a street, including any portion of the building roof facing any street. The antenna and its support structure shall be designed to withstand a wind force of eighty (80) miles per hour on its own and without the support of guy wires.

         d.   Color: The antenna and its support structure shall be a color that blends with the roof or building side on which it is mounted.

         e.   Grounding: The antenna and its support structure shall be bonded to a grounding rod.

         f.   Other Standards: The antenna and its support structure shall satisfy such other design and construction standards as the building commissioner determines are necessary to ensure safe construction and maintenance of the antenna and its support structure.

         g.   Screening: The antenna and its support structure shall be located so as to provide the maximum, reasonably achievable screening, as determined by the building commissioner, of such antenna and antenna support structure from view from adjoining properties and public or private streets.

      5.   Setback From Street: No such antenna or its support structure shall be erected or maintained closer to any street than the wall of the principal building to which it is accessory that is nearest to such street.

      6.   Guy Wires Restricted: No guy or other support wires shall be used in connection with such antenna or its support structure except when used to anchor the antenna or support structure to an existing building to which such antenna or support structure is attached.

      7.   Screening: When any such antenna and antenna support structure is ground mounted, appropriate landscaping or fencing shall be located and maintained between such ground mounted antenna and antenna support structure and each lot line of the property on which it is located so as to provide the maximum, reasonably achievable screening as determined by the building commissioner, of such antenna and antenna support structure from view from adjoining properties and public or private streets. Notwithstanding the foregoing, no such screening is required to extend more than ten feet (10') in height. (Ord. 95-9, 4-17-1995)

No antenna shall be erected, constructed, maintained or operated in any business or industrial zoning district except in conformance with the following regulations:

   A.   Antennas With Surface Areas Of Ten Square Feet Or Less: Antennas and antenna support structures having a combined surface area not greater than ten (10) square feet, and no single dimension exceeding twelve feet (12'), shall be permitted as an accessory use.

   B.   Antennas, Other Than Amateur Radio Facilities, With Surface Areas Exceeding Ten Square Feet: Antennas and antenna support structures having a combined surface area greater than ten (10) square feet, or having any single dimension exceeding twelve feet (12'), shall be permitted as an accessory use only in compliance with the following regulations:

      1.   Number Limited: No more than one such antenna and antenna support structure may be located on any zoning lot.

      2.   Height Limited: No such antenna or antenna support structure shall exceed twelve feet (12') in height unless such antenna and antenna support structure is attached to a building pursuant to subsection B4 of this section 10-3-13-2.

      3.   Diameter Limited: No such antenna or antenna support structure shall exceed ten feet (10') in diameter.

      4.   Attachment To Buildings Limited: No such antenna or antenna support structure shall be attached to a principal or accessory structure unless all of the following conditions are satisfied:

         a.   Height: The antenna and its support structure shall not extend more than three feet (3') above the highest point of the building on which it is mounted or the maximum permissible building height, whichever is less.

         b.   Mounting: The antenna and its support structure shall not be attached or mounted upon any building appurtenance, such as a chimney. The antenna and its support structure shall not be mounted or attached to the front of any principal building or to the side of any building facing a street, including any portion of the building roof facing any street. The antenna and its support structure shall be designed to withstand a wind force of eighty (80) miles per hour on its own and without the support of guy wires.

         c.   Color: The antenna and its support structure shall be a color that blends with the roof or building side on which it is mounted.

         d.   Grounding: The antenna and its support structure shall be bonded to a grounding rod.

         e.   Other Standards: The antenna and its support structure shall satisfy such other design and construction standards as the building commissioner determines are necessary to ensure safe construction and maintenance of the antenna and its support structure.

         f.   Screening: The antenna and its support structure shall be located so as to provide the maximum, reasonably achievable screening, as determined by the building commissioner, of such antenna and antenna support structure from view from adjoining properties and public or private streets.

      5.   Setback From Street: No such antenna or its support structure shall be erected or maintained closer to any street than the wall of the principal building to which it is accessory that is nearest to such street.

      6.   Guy Wires Restricted: No guy or other support wires shall be used in connection with such antenna or its support structure except when used to anchor the antenna or support structure to an existing building to which such antenna or support structure is attached.

      7.   Screening: When any such antenna and antenna support structure is ground mounted, appropriate landscaping or fencing shall be located and maintained between such ground mounted antenna and antenna support structure and each lot line of the property on which it is located so as to provide the maximum, reasonably achievable screening as determined by the building commissioner, of such antenna and antenna support structure from view from adjoining properties and public or private streets. Notwithstanding the foregoing, no such screening is required to extend more than ten feet (10') in height. (Ord. 95-9, 4-17-1995)

   A.   Certificate Of Compliance: In addition to any other provisions, no such antenna or antenna support structure permitted under subsections 10-3-13-1B4, 10-3-13-2B4 and section 10-3-14 of this chapter shall hereafter be constructed, altered or enlarged in the village unless a certificate of zoning compliance therefor has been issued by the building commissioner. An application for such certificate shall be accompanied by two (2) sets of plans, two (2) plats of survey, and electrical, construction and design specifications drawn to scale and showing locations, heights, structural design, and any other pertinent information or certifications deemed necessary by the building commissioner to demonstrate compliance with all provisions of the village's zoning regulations and building code. When applicable, an application for a certificate of zoning compliance shall include landscaping plans demonstrating that the screening requirements of subsections 10-3-13-1B7 and 10-3-13-2B7 of this chapter will be satisfied within eight (8) months after the date of the issuance of such certificate. A refundable cash deposit in an amount estimated by the building commissioner as necessary to cover the cost of implementing the proposed landscaping and screening must accompany each application for a certificate of zoning compliance for the antenna and antenna support structure. The deposit shall be returned when, but only when, a final inspection by the building commissioner confirms that all required landscaping and screening is in place.

   B.   Provisions Most Restrictive Apply: Unless specifically provided to the contrary, when the regulations of section 10-3-13-1, 10-3-13-2, or 10-3-14 of this chapter or this section are more restrictive than any other regulations generally applicable within the zoning districts, the provision of section 10-3-13-1, 10-3-13-2, or 10-3-14 of this chapter or this section shall apply.

   C.   Surface Area Determined: For purposes of sections 10-3-13-1, 10-3-13-2 and 10-3-14 of this chapter, the surface area of an antenna and its support structure shall be determined by adding together the actual surface area of each solid element or part of the antenna or its support structure, where "solid" is defined to include all air spaces that are fully bounded by solid elements.

   D.   Provisions Subject To This Chapter: Except as otherwise expressly provided in sections 10-3-13-1, 10-3-13-2 and 10-3-14 of this chapter, all such antenna and antenna support structures shall be subject to all the provisions of this chapter applicable to accessory uses and structures.

   E.   Structures Exempt: The foregoing special regulations shall not apply to antenna and antenna support structures owned or maintained by the village of West Dundee. (Ord. 95-9, 4-17-1995)

   A.   In any zoning district, any antenna and antenna support structure having a combined surface area greater than ten (10) square feet or having any single dimension exceeding twelve feet (12') that is capable of transmitting as well as receiving signals and is licensed by the federal communications commission as an amateur radio facility must satisfy each of the following conditions:

      1.   Number Limited: No more than one such antenna support structure with a surface area greater than ten (10) square feet or any single dimension exceeding twelve feet (12') may be located on any zoning lot.

      2.   Height Limited: No such antenna support structure shall, if ground mounted, exceed seventy five feet (75') in height of, if attached to a building pursuant to subsection A3 of this section, the height herein specified.

      3.   Attachment To Buildings Limited: No such antenna or its support structure shall be attached to a principal or accessory structure unless all of the following conditions are satisfied:

         a.   Height: The antenna and its support structure shall not extend more than twenty feet (20') above the highest point of the building on which it is mounted.

         b.   Mounting: The antenna and its support structure shall not be attached to or mounted upon any building appurtenance, such as a chimney. The antenna and its support structure shall not be mounted or attached to the front of any principal building or to the side of any building facing a street, including any portion of the building roof facing any street. The antenna and its support structure shall be designed to withstand a wind force of eighty (80) miles per hour on its own and without the support of guy wires.

         c.   Grounding: The antenna and its support structure shall be bonded to a grounding rod.

         d.   Other Standards: The antenna support structure shall satisfy such other design and construction standards as the building commissioner reasonably determines are necessary to ensure safe construction and maintenance of the antenna and its support structure.

      4.   Setback From Street: No such antenna or its support structure shall be erected or maintained closer to any street than the wall of the principal building to which it is accessory that is nearest to such street.

      5.   Setbacks From Adjacent Buildings: No such antenna or its support structure shall be located in any required side yard or nearer than one-half (1/2) the height of the antenna and support structure to any habitable building on any adjacent property. (Ord. 95-9, 4-17-1995)

   A.   Purpose And Intent: It is the intent of this section to protect and preserve the health, safety, welfare and morals of the citizens of the village by regulating adult business within the village.

   B.   General Standards:

      1.   Special Use Permit: A separate special use permit must be issued for each "adult business" as defined in section 10-2-1 of this title.

      2.   Location Restrictions: No adult business shall be operated within one thousand feet (1,000') of a residential zoning district or within one thousand feet (1,000') of the property boundaries of any school, daycare center, cemetery, public park, public housing, nursing home, rest home, sheltered care facility and place of religious worship. The distance limitation shall be measured in a straight line from the lot lines of said adult business and applicable residential zoning district, school, daycare center, cemetery, public park, public housing, nursing home, rest home, sheltered care facility and place of religious worship.

      3.   Number Allowed: Only one adult business shall be permitted per block face.

      4.   Sign Requirements: The following sign requirements shall apply to any adult business:

         a.   All signs shall be flat wall signs.

         b.   The amount of allowable sign area shall be one square foot of sign area per foot of lot frontage on a street, or as permitted by the ordinances of the village, whichever is more restrictive.

         c.   Window areas shall not be covered or made opaque in any way. No sign shall be placed in any window. One 1-square foot sign may be placed on the door to state hours of operation and admittance to adults only.

      5.   Advertising: No merchandise or pictures of the products or entertainment on the premises shall be displayed in window areas or any area where they can be viewed from the sidewalk in front of the building.

      6.   Alcoholic Liquor Prohibited: It shall be unlawful for any adult business to sell, distribute or permit beer or alcoholic beverages on the premises. (Ord. 98-23, 9-14-1998)

   A.   General Regulations: Solar energy systems are permitted as an accessory use to all structures within all residential zoning classifications subject to the requirements as set forth below.

      1.   Setbacks/Distance To Roof Edges: No part of a solar energy system may extend beyond the exterior perimeter of a principal or accessory structure. Solar collectors shall maintain a minimum distance of three feet (3') from the sides of the roof, three feet (3') from the ridge of the roof, and three feet (3') from the eave/gutter line of the roof. See figure 10-3-16A.

      2.    Solar Collect or Arrangements/ Placement: Solar collectors shall lie between visually dominant lines of the roof. Solar collectors shall create arrays and be grouped in a consolidated, centered, and symmetrical manner to the degree practical. See figure 10-3-16A.

      3.   Equipment Location: Equipment (including but not limited to the inverter) shall be located in the rear or side of the structure and near the existing electric service.

      4.   Maximum Height: Solar collectors may be mounted on a principal and/or accessory structure so long as the height shall neither exceed the maximum height allowed in the zoning district nor the maximum height permitted for the structure.

      5.   Solar Collector Positioning: On a pitched, roof solar collectors shall be installed parallel to the roof plane and shall not extend more than one foot (1') from the roof surface at any point. For a flat roof, solar collectors may be oriented to achieve solar gain but shall not extend more than two feet (2') in overall height from the roof surface, or where applicable, extend beyond/above the parapet.

      6.   Screening And Visibility: To the degree practical, a solar energy system should face or be oriented to the rear lot line or interior side lot line(s) and street (unless required to achieve effectiveness) in order to minimize visibility from the front of the house or a street and adjacent properties.

   Where the effectiveness of a solar energy system requires that it be located on a roof surface facing a street, the solar energy system shall not occupy more than fifty percent (50%) of each roof plane directly facing the front lot line. Coverage may be increased to one hundred percent (100%) of the street-facing roof if the solar energy system is comprised of solar shingles.

      7.   Glare: A solar energy system shall have exterior surfaces that possess a non-reflective finish, and the system shall be designed so that its installation avoids or minimizes glare or reflection onto adjacent properties and streets.

      8.   Appearance: A solar energy system shall be designed to blend into the architecture of the building and have components that are color-coordinated to harmonize with the roof, walls, and other dominant colors of the structure.

      9.   Trees: The location of a solar energy system may require extensive pruning or removal of trees but only to the degree deemed necessary. If removal of a tree is specified, information demonstrating need shall be provided.

   B.   Permit Requirements And Performance Standards:

      1.   Plan Review Required Documents:

         a.   The shortest distance between solar collectors and all edges of the roof.

         b.   The distance between solar collectors and any other existing rooftop features such as chimneys, spires, access points, vents, etc.

         c.   The height of solar collectors both from finished grade and, where applicable, from the finished surface of the roof.

         d.   Information on the roof and its structure and the major components of the solar energy system including but potentially not limited to photovoltaic panels, mounting system, and inverter in order to perform structural and electrical reviews.

         e.   The contact information for the installer of the proposed system.

         f.   Written approval of the proposed solar energy system from the Homeowners Association, if applicable.

      2.   Decommissioning And Restoration:

         a.   The property owner where a solar energy system is located is responsible for continuing maintenance and repair. The solar energy system must be removed at the end of its useful life, when abandoned or non-operational, or when in a state of disrepair.

         b.   The decommissioning of a solar energy system shall be accompanied by the restoration of the property to the condition it was in prior to the installation of the solar energy system.

         c.   The village shall have the right but not the obligation to file a lien against the property where located for reimbursement of any and all expenses incurred by the Village to pay for the costs of removal or disposal of a solar energy system, roof or wall repair, legal fees and accrued interest.

   C.   Special Considerations; Historic District:

      1.   For West Dundee Property located within the Dundee Township National Register Historic District, the location, design and installation of a solar energy system shall be reviewed and considered by the Appearance Review Commission (ARC) prior to consideration of a building permit.

      2.   Installation of a solar energy system shall not significantly alter an original historic structure and no historic feature of the structure shall be removed as part of the installation of a solar energy system.

      3.   Removal of a solar energy system shall not alter or damage an original historic structure, and any historic feature of the structure affected by the system's removal shall be repaired or restored to its condition prior to the installation of the solar energy system.

   D.   Building Code Conformance: A solar energy system shall comply with all applicable building codes, including, but not limited to, the International Residential Code and the National Electric Code provided however the terms of this chapter shall supersede any conflicting provisions. (Ord. 2019-21, 8-19-2019)