City of Hometown, IL Solar Energy Collector Systems

Solar collectors shall be located on the solar user's property so as not to unreasonably or unnecessarily restrict the uses of neighboring property. Unreasonable or unnecessary restriction shall include, but not be limited to, any restriction which would prohibit the uses allowed by Chapter 22, Zoning, of the City Code.

No solar right attaches to a solar collector or a portion of a solar collector which would be shaded by a hypothetical non-light-transmitting, ten-foot-high wall located on the property line where the solar collector is located on a winter solstice day.

The solar right to radiation of the sun before 9:00 a.m. or after 1:00 p.m. Central Standard Time is de minimus and may be infringed without compensation to the owner of the solar collector.

A solar right which is not applied to a beneficial use for a period of two years or more shall be deemed abandoned without priority.

(E)

The priority of new construction with regard to interference in solar rights shall vest as of the date the application for a building permit is approved.

§ 21.408 Solar access permit.

A solar permit must be issued before a solar right may be established under this article.

A solar permit shall be granted for any proposed or existing solar collector which complies with the requirements of this and other City ordinances and state law.

A solar permit shall not be granted if its issuance would prevent any affected property owner from erecting, consistent with legal requirements, a structure of a size, character, and usefulness reasonably typical of those in existence on similar lots subject to the same zoning requirements located within 300 feet of the lot in question. However, nothing in this section prohibits issuance of a permit because it would impose requirements on a neighboring lot owner that are more restrictive than the height and setback requirements that would otherwise apply, as long as reasonable use and enjoyment of such lot is preserved.

Solar rights under applications filed subsequent to the effective date of this article shall vest on the date the solar permit is issued, which date shall also be the priority date of the solar right. The solar collector shall be put to beneficial use within one year of that time. The Building Commissioner shall certify the right and its beneficial use within one year of its vesting, and in the event beneficial use has not been established, he shall revoke the permit.

§ 21.409 Application for permit; review and determination; notice; appeals.

Any person desiring to obtain a solar right shall first make application to the Building Commissioner for a solar access permit. A permit application for a solar right shall consist of the following:

The original and two copies of a completed solar access permit application on forms provided by the Building Commissioner.

A review fee of $150.

Legal description of property and names and mailing addresses of all potentially affected owners.

(4)

Permanent index number and names and addresses of all taxpayers of properties listed in Subsection (A)(3).

(5)

The original and two copies of a site plan drawn to scale showing at least the following detail:

(a)

Owner's name, legal and common address of the site and use of the structure.

(b)

North arrow, scale and date of preparation of the plan.

(c)

Names of all adjacent streets.

(d)

Dimensions of property.

(e)

Dimensions, heights and location of all structures on the site and on neighboring property as may be required by the Building Commissioner, but none in excess of 300 feet from the property line.

(f)

Location, height and common name of all trees, bushes and shrubs on the site and on neighboring property as may be required by the Building Commissioner, and estimated height at full growth, but none in excess of 300 feet from the property line.

(g)

Location and height of all walls and fences on the site and on the property line with abutting property.

(h)

Design, construction and orientation of solar collector.

(i)

For existing collectors, the first date the solar collector was beneficially used.

(j)

Such topographical information and engineering calculations as may be necessary in the Building Commissioner's discretion to document the solar right.

(k)

Signature block for Building Commissioner's approval.

Upon receipt of a permit application, the Building Commissioner shall review the application and site plan and any comments received thereon, inspect the site of the proposed or existing solar collector, and shall cause the applicant to make any necessary corrections and additions to the permit application and site plan.

The Building Commissioner shall, within 10 days of his determination, give notice by mail to the potentially affected property owners and taxpayers, in which they shall be advised:

As to whether he has granted or denied the solar permit.

Of the right to inspect the application, site plan and related documents at the Building Commissioner's office.

Of the right to appeal the decision of the Building Commissioner and of the procedure to obtain a hearing thereon before the Solar Board of Review.

Potentially affected property owners or taxpayers may appeal the issuance or denial of a permit by filing with the Building Commissioner a written request for a hearing within 10 days following the date of mailing of the notice by the Building Commissioner. The Solar Board of Review shall, upon receipt of a written appeal, hold a hearing not less than 15 days, but not more than 30 days, from the date of receiving the appeal. The Board shall cause service of notice of the date, time and location of such hearing to be made by mail upon the permit applicant, the Building Commissioner, and the potentially affected property owners and taxpayers, and shall give at least one public notice thereof in a newspaper of general circulation in the City; such notice shall be mailed and published not less than 15 days, nor more than 30 days, before the hearing. Upon the hearing, any person may appear in person, or by agent or attorney. A majority of the Solar Board of Review members may affirm, reverse or modify the decision of the Building Commissioner. The solar access permit shall be issued, rescinded or modified as necessary to comply with the decision of the Board.

(E)

Proof of mailing of the notice upon either the owner or taxpayer shall be sufficient notice to the potentially affected property owners and taxpayers.

(F)

The fee for an appeal shall be $50 and shall accompany the request for an appeal not less than 15 days, but not more than 30 days, from the date of receiving the appeal.

§ 21.410 Prior existing uses.

The lawful location of structures in existence prior to the time of beneficial use of an existing solar energy collection system or in existence at the effective date of this article may be continued even though the location does not conform to the requirements of this article.

The solar applicant takes the permit subject to the natural growth of all vegetation which exists at the time of filing the application.

Such structure or vegetation which has been damaged by fire or a calamity may be restored to its original condition, provided the work is commenced within one year of the calamity. In addition, normal and routine maintenance of structures may be carried on.

Whenever the use of such structure or vegetation has been discontinued for a period of one year, the structure or vegetation shall not thereafter be reestablished unless such future use shall be in conformance with provisions of this article.

§ 21.411 Variances; fee.

Any person desiring to erect any solar collector or other structure, or increase the height of any structure, or permit the growth of any vegetation or otherwise use the property not in conformance with this article may apply for a variance from the Solar Board of Review. Applicants for variation for a solar right shall include information required in § 23.405 for solar right applications; other applications shall include the information required of Subsections (C) and (D) of § 23.405. The Solar Board shall fix a reasonable time for the variance hearing and give public notice in the same time and manner as provided in § 23.405(D), as well as to the applicant for the variations and the owner of the solar right, with the description of the property involved, a statement of the nature of the requested variance and the time and place of the hearing. Failure to mail a notice to every potentially affected owner or taxpayer shall not affect the validity of any hearing or determination of the Solar Board. The hearing shall be conducted in the same manner as hearings for variation under Chapter 22, Zoning, of the City Code. A variance shall not be granted by the Board unless, following the hearing, it finds:

That the strict application of the provisions of this article would result in substantial and unavoidable hardship.

That all possible measures have been, and will be, taken to minimize interference with solar or other property rights.

That the variance granted is the minimum adjustment that will accomplish this purpose.

A fee of $50 shall accompany the request for a variance in addition to the required fee for a solar right.

§ 21.412 Location restrictions; installation and testing.

Definitions. As used in this section, the following terms shall have the meanings indicated:

PRIMARY TANK

A solar energy storage tank which receives thermal energy from the collector.

SOLAR COLLECTOR

A device used for absorbing incidence solar radiation and converting it into useful energy. Said solar collector shall be capable of collecting, storing or transmitting at least 25,000 BTUs on a clear winter solstice day.

SOLAR SYSTEM

A solar heating system consisting of a complete assembly of components, equipment, controls, interconnecting means and terminal elements needed to convert solar energy into thermal energy for heating space and potable water inside buildings.

Restrictions. No component of a solar energy collector shall be erected:

Within three feet of the common line on any duplex roof.

On the roof of any garage.

In any front yard.

(4)

In any side yard.

(5)

Within five feet of the rear lot line.

(6)

Within five feet of the side lot lines in any back yard.

Installation and testing.

All systems shall be installed in an approved manner to protect all potable water supply systems from backflow, cross-connection or contamination.

Installation of all components of the system shall conform to regulations contained in the Building Code adopted by the City as set forth in Article 1 of this chapter and the City of Chicago Electrical and Plumbing Codes, as adopted by the City of Hometown.[1]

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 30, General Provisions, Art. 2).