It is the purpose of this chapter to regulate the construction, modification and operation of renewable energy systems in the city including Avon Lake’s jurisdictional limit two miles into Lake Erie, subject to reasonable conditions that will protect the public health, safety and welfare while preserving the enjoyment of private property, promoting orderly land use and development, and allowing the safe, effective and efficient use of renewable energy systems installed to reduce the on-site consumption of utility supplied electricity.
(Ord. 21-161, passed 12-13-2021)
(a) No person shall construct, erect, maintain, extend or remove a renewable energy system in any zoning district in the city, including the territory extending into Lake Erie to the distance of two miles from the natural shore line, without compliance with the provisions of this chapter.
(b) Renewable energy systems constructed prior to the effective date of this chapter shall not be required to meet the requirements of this code provided that any physical modification to such pre-existing renewable energy system, which materially alters the size, type and number of wind turbines or other equipment, shall require compliance with this chapter, including conditional use approval in the case of wind energy systems.
(c) Like-kind replacements as determined by the Code Administrator shall not require review by the Planning Commission or approval from City Council.
(Ord. 21-161, passed 12-13-2021)
(a) Wind energy systems.
(1) A wind energy system shall be considered a conditional use in any zoning district.
(2) No wind energy system shall be constructed or located within the city unless a conditional use permit and site plan have been recommended for approval by the Planning Commission and confirmed by Council pursuant to this code.
(3) Any addition or modification to a wind energy system that alters the size, type or number of wind turbines, or other equipment shall be subject to site plan review.
(4) In all cases, the applicant must demonstrate compliance with the requirements of this chapter and the requirements of any other applicable chapter of this code.
(5) Wind energy systems not meeting the requirements of this chapter shall not be permitted without the granting of a waiver or waivers from such standards by the Planning Commission.
(b) Solar energy systems. Solar energy systems shall be considered a permitted use in any zoning district, subject to the requirements of this chapter and the requirements of any other applicable chapter of this code.
(Ord. 21-161, passed 12-13-2021)
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