Ordinance 2024-11 UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
ORDINANCE NO. 2024-11
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,
ILLINOIS, APPROVING AN AMENDMENT TO THE YORKVILLE UNIFIED
DEVELOPMENT ORDINANCE REGARDING ALTERNATIVE ENERGY USE
STANDARDS (SOLAR FARMS)
Passed by the City Council of the
United City of Yorkville, Kendall County, Illinois
This 26" day of March, 2024
Published in pamphlet form by the
authority of the Mayor and City Council
of the United City of Yorkville, Kendall
County,Illinois on April 3, 2024.
Ordinance No. 2024-11
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,
ILLINOIS, APPROVING AN AMENDMENT TO THE YORKVILLE UNIFIED
DEVELOPMENT ORDINANCE REGARDING ALTERNATIVE ENERGY USE
STANDARDS (SOLAR FARMS)
WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly
existing non home-rule municipality created in accordance with the Constitution of the State of
Illinois of 1970 and the laws of the State; and,
WHEREAS, pursuant to Section 10-8-11 of the United City of Yorkville Unified
Development Ordinance ("UDO") the City may initiate amendments to the Zoning Ordinance;
and,
WHEREAS, the City filed a request seeking an amendment to the UDO to provide
regulations requiring a minimum distance of one-thousand feet (1,000') from the nearest solar
array to a major corridor or the Fox River. In addition, the City seeks to make minor
amendments related to typographical errors, clarification regarding solar glare, proof of utility
service provider, and easement requirements; and,
WHEREAS, the Planning and Zoning Commission convened and held a public hearing
on March 13, 2024, to consider the request and adopted Findings of Fact with recommendations
to the City Council to approve the requested text amendment.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the
United City of Yorkville, Kendall County, Illinois, as follows:
Section 1. That the above recitals are hereby incorporated and made a part of this
Ordinance.
Section 2. That a Section 10-19-4-F of the United City of Yorkville Unified
Development Ordinance is hereby amended attached hereto and made a part hereof as Exhibit A.
Section 3. This Ordinance shall be in full force and effect after its passage, publication,
and approval as provided by law.
Ordinance No. 2024-11
Page 2
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
261h day of March, A.D. 2024.
Cl Y CLERK
KEN KOCH AYE DAN TRANSIER AYE
ARDEN JOE PLOCHER AYE CRAIG SOLING AYE
CHRIS FUNKHOUSER AYE MATT MAREK AYE
SEAVER TARULIS NAY RUSTY CORNEILS AYE
gqAPPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois
this 0 day of 0 r��, A.D. 2024.
MAYOR
Ordinance No.2024-11
Page 3
Chapter 4. Use Standards
10-4-1.Agricultural Use Standards 1
10-4-2.Residential Use Standards 2
10-4-3. Lodging Use Standards 6
10-4-4.Commercial Retail Use Standards 6
10-4-5.Commercial Service Use Standards 7
10-4-6.Commercial Entertainment Use Standards 7
10-4-7.Eating and Drinking Use Standards 8
10-4-8.Medical Use Standards 8
10-4-9.Vehicle Related Use Standards 8
10-4-10. Energy Industrial Uses 9
10-4-11. Industrial Use Standards 9
10-4-12.Transportation Use Standards 9
10-4-13.Alternative Energy Use Standards 10
10-4-14.Medical and Adult Use Cannabis Use Standards 21
10-4-15. Institutional, Public, and Utility Use Standards 23
10-4-16.Accessory Use Standards 32
10-4-17.Temporary Use Standards 40
10-4-1. Agricultural Use Standards
A. Apiary.Apiaries shall be subject to the applicable provisions of Title 8, Chapter 18 of the City of Yorkville Code of
Ordinances.
United City of Yorkville Chapter 4. Use Standards
Unified Development Ordinance Update Page 1 of 47
10-4-13. Alternative Energy Use Standards
A. General Requirements for all Alternative Energy Uses.
1. Applicability.The provisions of this Section are to establish zoning parameters by which solar and wind energy
systems may be installed in the City.Additional renewable energy solutions not mentioned herein may be authorized
subject to compliance with the applicable codes and standards of the City.
2. Use.Solar and Wind Farms shall be an accessory to the principal permitted use of a site.
3. Abandoned Systems.All alternative energy systems inactive or inoperable for twelve(12)continuous months shall be
deemed abandoned. If the system is deemed abandoned,the owner is required to repair or remove the system from
the property at the owner's expense within ninety(90)days after notice from the City. If the owner does not comply with
said notice,the Building Code Official shall enforce this as a violation of the Yorkville Zoning Ordinance.
4. Signage. No attention getting device is permitted on any alternative energy system.One(1)sign shall be permitted to
indicate the emergency contact information of the property owner or operator. Said sign shall not exceed two(2)
square feet in size. Graphics,colors,corporate logos,and text on wind energy systems located within business or
manufacturing zoned properties are permitted,subject to the discretion of the City Council.
5. Safety.All wind energy systems shall be equipped with manual and/or automatic controls and mechanical brakes to
limit rotation of blades to prevent uncontrolled rotation.
6. Lighting.Alternative energy systems shall not be illuminated,except as required by the FAA or those used in
commercial applications such as streetlights.
7. Shadow Flicker. No habitable portion of an existing adjacent structure shall be subject to shadow flicker from a wind
turbine.Shadow flicker onto an adjacent roof and/or exterior wall which does not contain any windows,doors,and like
openings shall be acceptable. If shadow flicker occurs,the operation of the wind turbine shall cease during those times
which cause the shadow flicker.
8. Screening.There shall be no required mechanical screening for alternative energy systems.
9. Design.Wind energy systems and associated tower shall be a nonreflective color.The City Council may impose such
conditions as are necessary to eliminate,if at all possible,any adverse effects such system may have on surrounding
properties.
10. Compliance.Wind energy systems shall meet or exceed current standards of the international building code and
Federal Aviation Administration(FAA)requirements,any other agency of the state or federal government with the
authority to regulate wind energy systems,and all City codes.
11. Building Code/Safety Standards.Any owner or operator of an alternative energy system shall maintain said system
in compliance with the standards contained in the current and applicable state or local building codes and any
applicable standards for said energy systems that are published by the International Building Code, as amended from
time to time. If,upon inspection,the United City of Yorkville concludes that an alternative energy system fails to comply
with such codes and standards and constitutes a danger to persons or property,the City Code Official shall require
immediate removal of the system at the owner's expense.
United City of Yorkville Chapter 4.Use Standards
Unified Development Ordinance Update Page 10 of 47
B. Solar Farm.
1. No solar farm shall be erected on any lot less than three(3)acres in size.
2. A solar farm use may occupy up to eight-five(85)percent of a given parcel in the M-1 or M-2 District or up to eighty
(80)percent of a given parcel in any other District.
3. A certified professional engineer shall certify that the foundation and design on the solar panels are within accepted
professional standards,given local soil and climate conditions.
4. Power and communication lines running between banks of solar panels and to electric substations or interconnections
with buildings shall be buried underground.
a. Evidence shall be provided that the electric utility service provider that serves the proposed site has been notified
of the owner's intent to install an interconnected customer owned electricity generator.
5. Off-street parking provided on site shall be paved.Gravel or other unpaved materials shall be prohibited.
6. Systems,equipment,and structures shall not exceed thirty feet(30)in height when ground mounted.
7. Groundcover as specified in Section 10-5-3(A)(7)shall be provided beneath all solar panels.
8. Ground mounted solar energy collection systems as part of a solar farm shall have a minimum setback for all
equipment,excluding fences,of:
a. Front and Corner Yards:one hundred(100)feet,
b. Side and Rear Yards:fifty(50)feet from nonresidential property lines and one hundred(100)feet from residential
property lines.
c. Buffer Areas:one thousand(1,000)feet from the nearest solar array to roadway networks, as defined in Figure
7.1:Existing Roadway and Rail Network of the 2016 United City of Yorkville Comprehensive Plan Update.
d. Fox River:one thousand(1,000)feet from the nearest solar array to the edge of the bank of the Fox River.
9. Systems equipment and structures shall be fully enclosed and secured by a fence or wall with a height of eight(8)feet.
Knox boxes and keys shall be provided at locked entrances for emergency personnel access.
a. Warnings.
(1) Warning signs shall be provided at the entrance to the facility and along the perimeter of the solar farm in
locations determined necessary by the Zoning Officer.
(2) The signs shall be less than four(4)square feet and made with letters and numbers at least three(3)inches
in height and shall include the 911 address and an emergency phone number of the operator which shall be
answered twenty-four(24)hours a day by a live operator.A nonemergency phone number for the operator
shall also be displayed.
10. Outdoor Storage.Only the outdoor storage of materials,vehicles,and equipment that directly support the operation
and maintenance of the solar farm shall be allowed except for outdoor storage that is expressly allowed in the zoning
district specified elsewhere in this title.
11. Materials Handling,Storage,and Disposal.
a. All solid wastes related to the construction,operation,and maintenance of the solar farm shall be removed from
the site promptly and disposed of in accordance with all federal,state,and local laws.
United City of Yorkville Chapter 4.Use Standards
Unified Development Ordinance Update Page 11 of 47
b. A list of hazardous fluids that may be used on site shall be provided.All hazardous materials related to the
construction,operation,and maintenance of the solar farm shall be handled,stored,transported,and disposed of
in accordance with all applicable local,state,and federal laws.
12. Decommissioning Plan.Prior to receiving approval,the applicant shall submit a decommissioning plan to ensure that
the solar farm project is properly decommissioned,which shall include:
a. Provisions describing the triggering events for decommissioning the solar farm project.Any nonfunctioning solar
panel/array of the project shall be decommissioned within thirty(30)days unless the operator has shown to the
Zoning Administrator that it is diligently repairing such solar panel/array or component.
b. Procedures for the removal of structures,debris,and cabling,including those below the soil surface,
c. Provisions for the restoration of the natural soil and vegetation,
d. An estimate of the decommissioning costs certified by a professional engineer,to be updated every three(3)
years or as determined necessary by the Zoning Administrator.The Zoning Administrator may request an
independent third-party verification of the decommissioning costs at any time.The costs for this verification shall
be reimbursed by the applicant and/or operator.
e. Financial assurance,secured by the owner or operator,for the purpose of performing the decommissioning,in an
amount equal to one-hundred and twenty(120)percent of the professional engineer's certified estimate of the
decommissioning cost.
f. A provision that the terms of the decommissioning plan shall be binding upon the owner or operator and any of his
successors,assigns,or heirs.
Figure 4.4.Solar Farm Standards
r '\ 111111-44111
13. Solar Glare:Solar panels shall be placed such that concentrated solar radiation or glare shall not be directed onto
nearby properties or roadways.
14. Easement:A blanket easement,or other authorized means of access as determined by the City Attorney,shall be
provided over the property to allow the City or its contractor to enter and remove the abandoned system in compliance with the
City Code.
United City of Yorkville Chapter 4.Use Standards
Unified Development Ordinance Update Page 12 of 47