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HomeMy WebLinkAboutG51-14 (2)Ordinance No. G51-14 AN ORDINANCE AMENDING TITLE 19 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "ZONING" TO PROVIDE FOR REGULATIONS RELATING TO SOLAR ENERGY SYSTEMS WHEREAS, the City of Elgin enacted the Sustainability Action Plan in August 2011, to encourage the community to pursue alternative and renewable sources of energy; and WHEREAS, the provision of solar energy systems on property within the community is consistent with the goals and objectives of the Sustainability Action Plan and will help to reduce community's energy demand; and WHEREAS, written application has been made to amend the Elgin Zoning Ordinance to provide for the installation of solar energy systems on property; and WHEREAS , the Planning and Zoning Commission held a public hearing concerning the proposed amendments after due notice in a manner provided by law; and WHEREAS, the Planning and Zoning Commission has forwarded the proposed amendments to the city council with a recommendation for approval and finding that the proposed amendments: Promote energy conservation and the use of renewable energy by city of E lgin residents and businesses Develop clean and renewable energy alternatives unique to Elgin Pursue alternatives and renewable energy systems to reduce Elgin's urban peak energy demand. WHEREAS , the Community Development Department recommends the requested amendment be granted. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS : Section 1. That Section 19.90.015 of the Elgin Municipal Code, 1976, as amended, entitled "Definitions and Regulations," be and is hereby further amended to add the following language : SOLAR ENERGY SYSTEMS -A solar collection system consisting of one 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-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 suns 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 inter-connected semi- rigid silicon solar cells that are sized like conventional shingles, continuous in area without interruption, and installed in a manner not to cause glare of sunlight to reflect onto adjacent properties . Photovoltaic shingles shall be permitted to be installed on up to 100 % 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 Sections R905.16 and 1507.17 of the 2012 International Building Code. 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 with a rated capacity of less than or equal to twelve (12) kilowatts for residential applications or a capacity of less than or equal to three hundred (300) kilowatts for commercial and industrial applications, or rated storage volume of the system of less than or equal to two hundred forty (240) gallons or that has a collector area of less than or equal to one thousand (1,000) square feet for thermal systems, and 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 -2 - 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 [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 non-utility 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 the to the utility grid. B. Maximum Number : 1. Building-mounted systems. The maximum number of Solar Energy Systems (SR] shall be one building-mounted system [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 ground-mounted system for each principal building on a zoning lot, not to exceed one system for each ½ acre of land area of each zoning lot. -3 - C. Location: 1. Ground-mounted Solar Energy Systems: Ground-mounted Solar Energy Systems shall only be located on zoning lots within non-residential 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 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 4 feet above grade or be inoperable from the outside. The fence must be constructed so that a 4 inch sphere cannot pass through at any point. Notwithstanding the provisions of Chapter 19.52, any action which would 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 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 50% of the roof surface facing such street lot line with the exception of Solar Energy System comprising of Photovoltaic Shingles, which are further defined within this section. In all instances, the systems shall be setback for a distance of no less than three (3) feet from the edge of a roof, and shall not extend beyond the ridge line of a roof. 3. 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. No Solar Energy System shall be located on the roof of a building in a manner so as to obstruct the free and clear access to the building by emergency personnel. A free and clear path of no less than four (4) feet shall be provided from the front, side and rear walls of the building to all points of roof-top access to the interior of the building. b. No Solar Energy System shall be located on the face of an ex1stmg structure or cover or interrupt any major architectural feature, such as doors, windows, or decorative architectural elements . Solar Energy System shall setback no less than four ( 4) feet from the front, side and rear exterior walls of the building upon which it is mounted. -4 - 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 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 roof line where possible and shall not be elevated more than thirty degrees (30°) 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: I . 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 full y 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 Electric 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 Article 690 of the 2011 National Electric Code entitled "Solar Photovoltaic (PV) Systems. -5 - 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 anti-reflective 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. 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 of the Elgin Municipal Code -"Elgin Historic Preservation Ordinance," the location, design and installation of Solar Energy System 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 i f 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 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 -6 - 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 the following sections of the Elgin Municipal Code, 1976, as amended , be and are hereby further amended as follows : A. That Section 19.20.130.A. of the Elgin Municipal Code, 1976, as amended, entitled "Permitted Uses" (Land Use, RCl Residence Conservation District) be and is hereby further amended to add the following land use: 6. Transportation, communication and utilities division "Accessory Solar Energy Systems" [SR] B. That Section 19.20.330.A. of the Elgin Municipal Code, 1976, as amended, entitled "Permitted Uses" (Land Use, RC2 Residence Conservation District) be and is hereby further amended to add the following land use: 6. Transportation, communication and utilities division "Accessory Solar Energy Systems" [SR] C . That Section 19.20.630.A. of the Elgin Municipal Code, 1976, as amended, entitled "Permitted Uses" (Land Use, RC3 Residence Conservation District) be and is hereby further amended to add the following land use: 6. Transportation, communication and utilities division "Accessory Solar Energy Systems" [SR] D. That Section 19.25.130.A. of the Elgin Municipal Code, 1976, as amended, entitled "Permitted Uses" (Land Use, SFRl Single-Family Residence District) be and is hereby further amended to add the following land use : 6. Transportation, communication and utilities division "Accessory Solar Energy Systems" [SR] E. That Section 19.25.330.A. of the Elgin Municipal Code, 1976, as amended, entitled "Permitted Uses" (Land Use, SFR2 Single-Family Residence District) be and is hereby further amended to add the following land use : 6. Transportation, communication and utilities division "Accessory Solar Energy Systems" [SR] -7 - F. That Section 19.25.530.A. of the Elgin Municipal Code, 1976, as amended, entitled "Permitted Uses" (Land Use, TFR Two-Family Residence District) be and is hereby further amended to add the following land use: 6 . Transportation, communication and utilities division "Accessory Solar Energy Systems" [SR] G. That Section 19.25.730.A. of the Elgin Municipal Code, 1976, as amended, entitled "Permitted Uses" (Land Use, MFR Multi-Family Residence District) be and is hereby further amended to add the following land use: 6 . Transportation, communication and utilities division "Accessory Solar Energy Systems" [SR] H . That Section 19.30.130.A. of the Elgin Municipal Code, 1976, as amended, entitled "Permitted Uses" (Land Use, CF Community Facility District) be and is hereby further amended to add the following land uses: 6 . Transportation, communication and utilities division "Accessory Solar Energy Systems" [SR] "Utility Scale Solar Energy Systems" [SR] I. That Section 19.35.230.A. of the Elgin Municipal Code, 1976, as amended, entitled "Permitted Uses" (Land Use, RB Residence Business District) be and is hereby further amended to add the following land uses: 10 . Transportation, communication and utilities division "Accessory Solar Energy Systems" [SR] J. That Section 19.35.330.A. of the Elgin Municipal Code, 1976, as amended, entitled "Permitted Uses" (Land Use, NB Neighborhood Business District) be and is hereby further amended to add the following land uses: 10. Transportation, communication and utilities division "Accessory Solar Energy Systems" [SR] K. That Section 19.35.430.A. of the Elgin Municipal Code, 1976 , as amended, entitled "Permitted Uses" (Land Use, AB Area Business District) be and is hereby further amended to add the following land uses: 11. Transportation, communication and utilities division -8 - "Accessory Solar Energy Systems" [SR] L. That Section 19.35.530.A. of the Elgin Municipal Code, 1976, as amended, entitled "Permitted Uses" (Land Use, CCI Center City Business District) be and is hereby further amended to add the following land uses: 9. Transportation, communication and utilities division "Accessory Solar Energy Systems" [SR] M. That Section 19.35 .730.A. of the Elgin Municipal Code, 1976, as amended, entitled "Permitted Uses" (Land Use, CC2 Center City Business District) be and is hereby further amended to add the following land uses: 9. Transportation, communication and utilities division "Accessory Solar Energy Systems" [SR] N. That Section 19.40.130.A. of the Elgin Municipal Code, 1976, as amended, entitled "Permitted Uses" (Land Use, ORI Office Research Industrial District) be and is hereby further amended to add the following land uses : 10. Transportation, communication and utilities division "Accessory Solar Energy Systems" [SR] "Utility Scale Solar Energy Systems" [SR] 0. That Section 19.40.330.A. of the Elgin Municipal Code, 1976, as amended, entitled "Permitted Uses" (Land Use, GI General Industrial District) be and is hereby further amended to add the following land uses: 10. Transportation, communication and utilities division "Accessory Solar Energy Systems" [SR] "Utility Scale Solar Energy Systems" [SR] P . That Section 19.40.530.A. of the Elgin Municipal Code, 1976, as amended, entitled "Permitted Uses" (Land Use, CI Commercial Industrial District) be and is hereby further amended to add the following land uses: 10. Transportation, communication and utilities division "Accessory Solar Energy Systems" [SR] "Utility Scale Solar Energy Systems" [SR] -9 - Section 3. That Section 19 .1 2.600.E. entitled "Obstructions in Yards" (Side Yards) of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended to add the following language: Miscellaneous : "Solar Energy Systems" [SR] that are ground-mounted and encroaching zero linear feet into the required "building" [SR] "setback" [SR] from an "interior lot line" [SR], and subject to the provisions for land use of the zoning district in which they are located. Section 4. That Section 19.12.800 entitled "Authorized Site Design Variations" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by replacing Paragraph C in its entirety : C. Height: To permit an increase in the required maximum height of a structure or a building. The maximum height of "Solar Energy Systems" [SR] shall not exceed ten percent ( 10%) of the maximum allowable height of such system. Applications to vary the maximum height of "Solar Energy Systems" shall be accompanied by the following additional information: 1. Scientific information, including but not limited to manufacturer's specifications and warranties, engineer's calculations and drawings and all such technical documents to justify the relationship of the proposed additional height to the efficiency of the particular system to be used. 2. A site plan, scaled to accurate dimensions, showing the location and height of the proposed facilities with respect to the subject site, as well as all structures within three hundred feet (300') of the subject property. 3. Mitigation to justify the additional requested height of the Solar Energy System. For ground-mounted systems, mitigation must be proposed through the use of increased setbacks from all lot lines and a combination of screening and landscape material. For building-mounted systems, mitigation must be proposed through the use of increased setbacks from the edge of the building and adequate screening designed in material, colors and textures similar to those of the building on which the system is installed . Section 5. All above affected sections of Title 19 shall be re-alphabetized accordingly. Section 6. 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. -10 - Section 7. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. Presented: November 19 , 2014 Passed: November 19, 2014 Vote: Yeas: 9 Nays: 0 Recorded: November 19, 2014 Published: November 21, 2014 Attest: ~ &~erk -11 -