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)
(a) General standards.
(1) Renewable energy systems shall be lit only if required by the Federal Aviation Administration or other applicable authority or if it is determined that doing so repels wildlife migratory patterns. Lighting of other parts of the renewable energy system, such as appurtenant structures, shall be limited to that required for safety and operational purposes, and shall be reasonably shielded from abutting properties.
(2) To the extent applicable, the renewable energy system shall comply with the Ohio Building Code and any other applicable building codes.
(3) All renewable energy systems shall comply with all relevant FAA guidelines.
(4) Permit applications for renewable energy systems shall be accompanied by a line drawing of the electrical components, as supplied by the manufacturer, in sufficient detail to allow for a determination that the manner of installation conforms to all relevant and applicable local, state and national codes, including the National Electrical Code UL 174 and IEE 1547. Renewable energy systems shall incorporate back-up technologies such as surge and lighting arrestors. All renewable energy systems shall be grounded to reduce lightning strikes. All electrical lines and utility wires shall be buried underground.
(5) All renewable energy systems shall be connected to the electric utility grid. Permits for renewable energy systems shall not be issued until evidence has been provided that the utility company approves the customer’s intent to install an interconnected customer-owned generator. Applicant shall supply the letter of approval from the utility at the time of application.
(6) Renewable energy systems shall maintain the default manufacturer’s color. No appurtenance other than those associated with the renewable energy system shall be affixed to any renewable energy system. The factory or original equipment manufacturer identification and/or logo are permitted. Required signage shall be appropriate warning signs (Danger-High Voltage or Caution-Electrical Shock Hazard or any other recognized safety precaution signage) installed at the base of the wind turbine or solar array. In the case of a wind energy system, a sign, no larger than two square feet in area, shall be affixed to the system and placed no higher than six feet from grade, shall display the owner’s, manufacturer’s and installer’s names and contact information, and shall be subject to approval as part of the conditional use permitting process.
(7) A renewable energy system installation shall commence within six months of the issuance of the zoning permit and shall be completed and operational within one year from the date of commencement of installation. Commencement of installation shall be the date the tower or supporting structure is placed into position. If the renewable energy system is not completed within the stated time period, then the facility owner or operator or the landowner shall be required, at his, her or their expense, to complete decommissioning of the site subject to the requirements of § 1240.07: Decommissioning of Wind Energy Systems within six months.
(b) Standards specific to wind energy systems.
(1) All wind turbines shall set back from all property lines, occupied buildings, public rights-of-way and public utility lines a distance of not less than one and one-tenth times the wind turbine height. The setback distance shall be measured from the center of the supporting structure of the wind turbine at pre-existing ground level.
(2) Provided that the total extended height of the wind turbine meets sound and setback requirements, there shall be no specific height limitation, except as imposed by Federal Aviation Administration regulations.
(3) The design of the tower, if any, shall be a monopole design constructed of a single, self- supporting metal tube, anchored to a foundation with controls locked inside the tube. The use of guy wires, guy wire anchors or lattice towers is prohibited.
(4) Sound produced by the wind energy system shall not exceed 60 dBA, under normal operating conditions, as measured at the property line of a residential zoning district. Sound levels may be exceeded during short-term events out of anyone’s control such as utility outages and/or severe wind storms.
(5) Small wind energy system equipment proposed to be installed and/or constructed shall bear an approval from any wind certification program recognized by the American Wind Energy Association or any equivalent certifying agency. Large wind energy system equipment shall have ANSI Certification IEC 61400-SER series of wind energy system tests (power performance, safety and function, duration, noise, and power quality) or certification from another recognized industry standard. The proposed installation shall comply with all applicable laws and regulations. The city reserves the right to require additional equipment certification.
(6) Any climbing foot pegs or rungs below 12 feet of a freestanding tower shall be removed to prevent unauthorized climbing. All access doors to wind turbines and electrical equipment shall be locked or fenced, as appropriate to prevent entry by non-authorized persons.
(7) The wind energy system owner and operator shall make reasonable efforts to minimize shadow flicker to any occupied building on a non-participating landowner’s property.
(8) The height of a rooftop or other building-mounted wind turbine shall not exceed the maximum permitted building height for the property by more than 20%.
(c) Standards specific to solar energy systems.
(1) Solar access easements. R.C. § 5301.63 sets forth the requirements for solar access easements. For the purpose of ensuring adequate access of solar energy collection devices to sunlight, any person may grant a solar access easement. Such easements shall be in writing and shall be subject to the same conveyance and recording requirements as other easements. Any instrument creating a solar easement shall be recorded in the Lorain County Recorder’s office.
(2) Solar panels. Solar panels must be installed in accordance with the manufacturer’s design and operation standards as well as all local, county, state and federal guidelines.
(3) Roof-mounted systems. Roof-mounted solar energy systems shall be permitted in all zoning districts provided the roof mounted solar energy system shall not exceed the maximum building height for the zoning district, and shall be installed in compliance with all applicable local and state fire and building codes. The collectors shall be generally mounted parallel with the roof pitch. The distance between the roof and the uppermost portion of the solar panels shall not exceed 18 inches. Roof-mounted panels on a flat roof shall not project vertically more than five feet from the surface of the roof.
(4) Ground-mounted systems.
A. Ground-mounted solar panels located on the ground or attached to a framework located on the ground shall not exceed three feet in height above the adjacent grade.
B. All related mechanical equipment, other than the actual photoelectric panels, shall be fully screened from the adjacent properties by fencing or a combination of evergreen and deciduous plantings.
C. Nonresidential: ground-mounted solar energy systems shall be permitted in the front yard, side yard, and rear yard of a commercial or industrial property, but shall not be located within the applicable front yard, side yard or rear yard setback of any commercial or industrial property. Ground-mounted solar energy equipment shall be installed in compliance with the applicable building code.
D. Residential: ground-mounted solar energy systems shall not be permitted in the front yard or a residential property. It shall be permitted in the side yard of a residential property, but shall not be located within the applicable side yard setback. It shall be permitted in the rear yard or a residential property. Such equipment shall be subject to the applicable rear yard coverage regulations and setbacks for accessory structures in residential districts as set forth in § 1224.01: Accessory Uses and Structures.
(Ord. 21-161, passed 12-13-2021)
(a) Solar energy system. The solar energy system shall be listed as an appurtenant structure on owner’s property liability insurance policy. Policies shall be made available to the city upon request. Additional insurance beyond owners’ property liability coverage shall not be required.
(b) Small wind energy system. A small wind energy system shall be listed as an appurtenant structure on owner’s property liability insurance policy. Policies shall be made available to the city upon request. Additional insurance beyond owners’ property liability coverage shall not be required.
(c) Large energy wind system. There shall be maintained a current general liability policy naming the city as additional insured covering bodily injury and property damage with limits of at least $1,000,000 per occurrence and $1,000,000 in the aggregate. Policies shall be made available to the city upon request.
(Ord. 21-161, passed 12-13-2021)
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