HomeMy WebLinkAboutG53-23 Ordinance No. G53-23
AN ORDINANCE
AMENDING VARIOUS SECTIONS OF TITLE 19 OF THE ELGIN MUNICIPAL CODE,
ENTITLED "ZONING"
WHEREAS, a written application has been made to amend various chapters of Title 19 of
the Elgin Municipal Code, entitled "Zoning"; and
WHEREAS, the Planning & Zoning Commission conducted a public hearing concerning
said application on November 6, 2023 following due notice including by publication; and
WHEREAS, the Community Development Department and the Planning & Zoning
Commission have submitted their Findings of Fact concerning said application; and
WHEREAS, the Community Development Department and the Planning & Zoning
Commission recommend approval of said application, subject to the conditions articulated below;
and
WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and
recommendations of the Community Development Department and the Planning & Zoning
Commission; and
WHEREAS,the City of Elgin is a home rule unit and as a home rule unit may exercise any
power and perform any function pertaining to its government and affairs; and
WHEREAS,zoning, including but not limited to,regulations in the city's zoning ordinance
relating to land use, pertain to the government and affairs of the city.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section 1. That Section 19.45.070 of the Elgin Municipal Code entitled "Required
number of parking spaces" be and is hereby further amended to read as follows:
"19.45.070. Required number of parking stalls.
The required number of off-street parking stalls [SR] shall be provided for all land
uses [SR] as listed in section 19.45.080, prior to the issuance of an occupancy permit.
Where there is more than one (1) land use [SR] on a zoning lot [SR], the required number
of off-street parking stalls [SR] shall be provided for each land use [SR]. Notwithstanding
the foregoing, where a new land use [SR] is proposed within an existing building [SR]
designed and intended for more than one (1) land use [SR] and located within a business
district, and where the associated zoning lot [SR] is or would be nonconforming as to the
number of parking stalls [SR] as a result of the new land use [SR], then that land use [SR]
may be allowed in so long as the use is permitted within the underlying zoning district and
reasonable documentation is provided to the development administrator demonstrating that
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the parking generated by the new land use [SR] will not create an adverse impact. The
required number of parking stalls shall also be subject to section 19.45.090.
Section 2. That Section 19.45.085 of the Elgin Municipal Code entitled "Provisions
for accessible parking stalls" be and is hereby further amended to read as follows:
"19.45.085. Provisions for accessible parking stalls.
For an existing, lawfully constructed parking facility, the development
administrator may allow a reduction of the required number of off-street parking stalls for
the purpose of providing parking stalls which are accessible to disabled persons in a
number not to exceed that amount required by the Illinois Accessibility Code. The
accessible parking stalls shall comply with the size, configuration, and other requirements
of applicable laws, statutes, codes, or ordinances including but not limited to the Illinois
Accessibility Code."
Section 3. That Section 19.45.088 of the Elgin Municipal Code entitled "Provisions
for parking facilities with electric vehicle charging equipment" be and is hereby created to read as
follows:
"19.45.088. Provisions for electric vehicle parking and charging equipment.
A. Newly constructed single-family homes for which an initial building permit is
applied for and issued on or after January 1, 2024, and multi-unit residential
buildings for which an initial building permit is applied for and issued on or after
April 1, 2024, that have parking spaces as defined by the State of Illinois Electric
Vehicle Charging Act 765 ILCS/1085, shall provide EV-capable parking stalls in
accordance with said Act.
B. The development administrator may allow a reduction of the required number of
off-street parking stalls by up to five (5) percent where the number of parking
spaces [SR] required by Section 19.45.070 is greater than twenty-five(25)or where
an existing parking facility [SR]contains more than twenty-five(25)parking spaces
for the purpose of providing the commensurate number of Level 2 or Direct Current
Fast Chargers (DCFC) electric vehicle charging stations. For example, a parking
lot [SR] with one hundred (100) parking spaces [SR] could reduce the number of
parking spaces [SR] to ninety-five (95) provided five (5) of the remaining ninety-
five(95)parking spaces [SR] were equipped with Level 2 or DCFC electric vehicle
charging stations."
Section 4. That the definition for"Solar energy systems" within Section 19.90.015 of
the Elgin Municipal Code entitled "Definitions and regulations" be and is hereby further amended
to read as follows:
"19.90.015.—Definitions and regulations.
Solar energy systems means a solar collection system consisting of one(1)or more
building-mounted and/or ground-mounted solar collector devices and solar related
equipment that uses the power of the sun to capture, distribute and/or store energy for on-
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site consumption of utility power within a principal or accessory structure, or for
transmission of the generated power to the utility grid.
A. General definitions.
1. Design height. The maximum height of the solar energy system measured
in a vertical distance from the average grade on which the system is located,
or from the roof surface on which the system is mounted.
2. Net metering. An arrangement by which excess energy generated by a
renewable energy system is distributed back to the electrical utility grid.
3. Solar photovoltaic (PV). The technology that uses a semiconductor to
convert light directly into electricity.
4. Solar thermal. The technology that uses a collector panel to convert the sun's
thermal energy to heat a fluid such as water or antifreeze.
5. Photovoltaic modules/shingles (also known as solar shingles). Solar
collection systems in the form of solar cells designed to look like
conventional asphalt shingles. Photovoltaic shingles can take the form of
individual cells or a linear strip of interconnected semirigid silicon solar
cells that are sized like conventional shingles, continuous in area without
interruption, and installed in a manner not to cause glare or sunlight to
reflect onto adjacent properties. Photovoltaic shingles shall be permitted to
be installed on up to one hundred(100)percent of the roof surface,provided
that they are incorporated into and installed to blend through the use of
similar color and texture with the remaining materials of the roof.
Photovoltaic shingles shall comply with the International Building Code,
International Residential Code, and/or the International Fire Code, as
adopted and amended by the city, the applicability of each which may
depend upon the building occupancy classification.
6. Renewable energy system. A system that generates energy from natural
resources such as sunlight, wind, and geothermal heat.
7. Solar collection system. A solar photovoltaic cell, panel, or array, or solar
hot air or water collector device, which relies upon solar radiation as an
energy source for collection, inversion, storage, and distribution of solar
energy for electricity generation or transfer of stored heat.
8. Solar energy system, accessory. A solar collection system that is intended
to primarily reduce on site consumption of utility power. A system is
considered an accessory solar energy system only if it supplies electrical or
thermal power solely for on-site use, except that when a property upon
which the facility is installed also receives electrical power supplied by a
utility company,excess electrical power generated and not presently needed
for on-site use may be used by the utility company. Except as authorized by
the city council for public utility scale purposes, all solar energy systems
shall be accessory to a principal use present on a zoning lot.
9. Solar energy system, building-mounted. A solar energy system affixed to
either the principal or accessory structure.
10. Solar energy system, ground-mounted. A solar energy system that is not
attached to another structure and is affixed to the ground. A ground-
mounted solar energy system shall be considered an accessory structure
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[SR]. A solar energy system that only powers ornamental and/or
landscaping lights, where the solar photovoltaic cell or panel is an integral
part of the light fixture, shall not be considered a ground-mounted system.
11. Solar energy system, utility scale. Any device or combination of devices or
elements installed as the principal use on a zoning lot, which rely upon
direct sunlight as an energy source, including, but not limited to, any
substance or device which collects sunlight for generating energy primarily
for use off site. Energy generated may be used to serve on site power needs.
A solar energy system connected to the utility grid shall provide written
authorization from the local utility company to the city acknowledging and
approving such connection.
12. Solar-related equipment. Items including a solar photovoltaic cell, panel,or
array, or solar hot air or water collector device panels, lines, pumps,
batteries, mounting brackets, framing and foundations used for or intended
to be used for collection of solar energy.
13. Solar-related accessory equipment. Solar-related equipment that is not the
primary collection device such as a photovoltaic cell, panel, or array, or
solar hot air or water collector device. Accessory equipment includes that
equipment, such as, but not limited to, electric lines, pumps, heat
exchangers, batteries, inverters, switches, unit/control boxes, all nonutility
owned equipment, conduits, structures, fencing, and foundations intended
to assist the primary solar collection device in transmitting the generated
power to the principal structure on the property, or to the utility grid.
B. Maximum number.
1. Building-mounted systems. There is no limit to the number of building-
mounted solar energy systems [SR] for each principal building [SR] or
accessory structure [SR] on a zoning lot.
2. Ground-mounted systems. The maximum number of solar energy systems
shall be one (1) ground-mounted system for each principal building on a
zoning lot, not to exceed one (1) system for each one-half('/2) acre of land
area of each zoning lot.
C. Location.
1. Ground-mounted solar energy systems. Ground-mounted solar energy
systems shall only be located on zoning lots within nonresidential zoning
districts and on zoning lots within single-family residence and residence
conservation districts that are greater than two (2) acres in land area.
Ground-mounted systems shall be located only in the side and rear yards of
a zoning lot, and the system shall be enclosed within a fence or wall no less
than four (4) feet high that completely surrounds the system. All openings
in the fence(with the exception of those openings which allow direct access
to the principal and accessory buildings on the premises) must have a self-
closing, self-latching gate. The latch must be located at least four (4) feet
above grade or be inoperable from the outside. The fence must be
constructed so that a four (4) inch sphere cannot pass through at any point.
Notwithstanding the provisions of chapter 19.52, any action which would
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decrease the land area of a zoning lot below two (2) acres when that zoning
lot is located within a single-family residence or residence conservation
district shall require the removal of the ground-mounted solar energy
system.
2. Building-mounted systems within residence and residence conservation
districts. Building-mounted solar energy systems located within residence
and residence conservation districts shall be roof-mounted and only on those
roof surfaces of principal and accessory structures that face an interior lot
line. Where the effectiveness of a solar energy system requires that it be
located on a roof surface facing a street lot line, the solar energy system
shall not occupy more than fifty (50) percent of the total amount of all roof
surfaces facing such street lot line with the exception of solar energy system
comprising of photovoltaic shingles, which are further defined within this
definition. In all instances,the systems shall be set back from the edge of a
roof in a manner that complies with the provisions of the International
Building Code, International Residential Code, and/or the International Fire
Code, as adopted and amended by the city, the applicability of each which
may depend upon the building occupancy classification, and shall not
extend beyond the ridgeline of a roof.
3. Building-mounted systems within all other districts. Building-mounted solar
energy systems located within all other districts shall be mounted only on
the roof of buildings in the manner as defined as follows:
a. Solar energy systems shall be located on the roof of a building in a
manner that complies with the provisions of the International Building
Code, International Residential Code, and/or the International Fire
Code, as adopted and amended by the city, the applicability of each
which may depend upon the building occupancy classification.
b. No solar energy system shall be located on the face of an existing
structure or cover or interrupt any major architectural feature, such as
doors, windows, or decorative architectural elements. Solar energy
system shall set back from the front, side and rear exterior walls of the
building upon which it is mounted in a manner that complies with the
provisions of the International Building Code, International
Residential Code, and/or the International Fire Code, as adopted and
amended by the city,the applicability of each which may depend upon
the building occupancy classification.
D. Maximum design height.
1. Ground-mounted solar energy systems. Ground- or pole-mounted solar
energy systems shall not exceed the maximum accessory structure height
within the underlying district.
2. Building-mounted solar energy system.
a. A building-mounted solar energy system on a property within a
residence or residence conservation district or where the principal use
of the property is residential shall not exceed a maximum design height
of twelve (12) inches as measured from the roof surface on which the
system is mounted. For all other districts, a building-mounted solar
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energy system shall not exceed a maximum design height of five (5)
feet as measured from the roof surface on which the system is mounted.
b. The solar collection system panel shall be parallel with the roofline
where possible and shall not be elevated more than thirty (30) degrees
above the roof pitch at the point where it is attached or elevated to a
design height of no more than twelve (12) inches on property within a
residence or residence conservation district or where the principal use
of the property is residential whichever is less, or five (5) feet in all
other zoning districts whichever is less.
E. Additional regulations.
1. Location of accessory equipment. Solar-related accessory equipment shall
be either roof-mounted or located within an enclosed building. Roof-
mounted solar related accessory equipment shall be screened from view
from public rights-of-way through the use of screening fences or walls. All
screening shall be constructed fully of materials incorporating the principal
building materials and architectural elements.
2. Compliance with city's building and fire codes. Building permit applications
for solar energy systems shall be accompanied by standard drawings of all
components of the structure,including the base,footings,frames and panels.
An engineering analysis of the roof structure on which a building-mounted
system is proposed to be located showing compliance with the building code
and certified by a licensed professional engineer, except for single panel
solar energy systems weighing less than twenty-five (25) pounds.
3. Compliance with city's electrical code. Building permit applications for
solar energy systems shall be accompanied by a line drawing of the
electrical components in sufficient detail to allow for a determination that
the manner of installation conforms to the National Electrical Code as
adopted and amended by the city.
4. Utility notification. No solar energy system shall be installed until evidence
has been given that the utility company has been informed of the customer's
intent to install an interconnected customer owned generator. Off-grid
systems shall be exempt from this requirement.
5. Graphics. No graphics of any kind shall be permitted for installation on any
portion of the solar energy system, except for any applicable warning and
equipment information graphics required by the manufacturer or by federal,
state or local regulations.
6. Lighting and glare. Solar energy conversion systems shall not be
illuminated by artificial means,except where the illumination is specifically
required by federal, state, or local regulation. Solar energy conversion
systems shall be designed with panels constructed in dark colored materials
and covered with antireflective coatings and be located and configured in a
manner so as not to produce a concentrated reflection on surrounding
properties.
7. Maintenance required. All solar energy systems shall be kept in good repair
and free from rust.
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8. Compliance with the city's tree preservation ordinance. Where applicable,
a permit application for a solar energy conversion system shall be
accompanied by a site plan including a tree survey indicating the type,
species and diameter at breast height (dbh) of trees that will be removed to
accommodate the system, along with the measures proposed to be taken to
comply with the tree replacement requirements of the ordinance.
9. Compliance with the city's historic preservation ordinance. For properties
designated as Elgin historic landmarks or those located within a designated
historic district and subject to title 20, the location, design and installation
of solar energy systems shall also require a certificate of appropriateness
(COA) in compliance with the Elgin Design Guideline Manual for
Landmarks and Historic Districts.
10. Abandonment. A solar energy conversion system shall be deemed
abandoned if the use as a solar energy conversion system is discontinued.
There shall exist a rebuttable presumption that the use was intended to be
abandoned if the normal operation of the system is stopped for a period of
one (1) year. All components of an abandoned or unused solar energy
conversion system shall be removed within twelve (12) months of the
cessation of operations unless an extension is approved by the code
enforcement official. If an extension is not granted, such solar energy
conversion system shall be deemed a nuisance and subject to the
requirements of the city's property maintenance code, requiring removal at
the property owner's expense. Following the removal of the solar energy
conversion system, the owner or operator of the zoning lot shall restore the
site and/or building roof surface to at least its original condition.
Section 2. That all ordinances or parts of ordinances in conflict with the provisions of
this ordinance be and are hereby repealed to the extent of any such conflict.
Section 3. That this ordinance shall be in full force and effect upon its passage and
publication in the manner provided by law.
David J. Kapta' , M or
Presented: December 20, 2023
Passed: December 20, 2023
Omnibus Vote: Yeas: 9 Nays: 0
Recorded: December 20, 2023
Published: December 20, 20237.1,
At est: 4 r/e-
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imberly Dewis, C. erk r `
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