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(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)
All structures, buildings, fences and property used in connection with a renewable energy system shall be maintained in good condition and in safe working order. Maintenance shall include, but not be limited to painting, structural repairs and upkeep of security measures. Failure to do so shall require decommissioning under the requirements of this chapter and any other applicable governmental regulations.
(Ord. 21-161, passed 12-13-2021)
(a) The owner/operator shall be responsible for obtaining an independent and certified professional engineer for the preparation of an analysis and report of the cost of removal and site restoration, and be responsible for the payment of all costs associated with the preparation of the analysis and report. At all times the facility owner or operator of the wind energy system shall maintain decommissioning funds in the form of a performance bond or equivalent financial instrument sufficient to cover the demolition and removal of the wind energy system. Such bond or other instrument shall be sufficient to guarantee full and faithful performance of the requirements of this section and shall be satisfactory to the Law Director. Proof that the requirement of this section is met shall be made available to the city upon request. The city may invoke use of any or all of the mechanisms to provide for decommissioning of the wind energy system. This requirement for a performance bond or equivalent financial instrument shall not apply in the case of a wind turbine that does not exceed 35 feet height.
(b) The wind energy system owner, operator or landowner shall, at their expense, complete decommissioning of the wind energy system within 12 months after the end of the useful life of the wind energy system following all applicable federal, state and local mandates and statutes.
(c) The wind energy system will presume to be at the end of its useful life if no electricity is generated for a continuous period of 12 months.
(d) Decommissioning shall include removal of wind energy system including all wind turbines, structures, buildings, cabling, electrical components, roads and foundations to a depth of 36 inches, and any other associated systems to the state it was prior to application.
(e) Disturbed earth shall be graded and re-seeded, unless the landowner requests in writing that the access roads or other land surface areas not be restored.
(f) If neither the wind energy system owner or operator nor landowner complete decommissioning within the period prescribed above, the city shall take such measures as necessary to complete decommissioning of the wind energy system. Said costs may be certified to the County Auditor as a lien upon the property. The entry into and submission of evidence of a participating landowner agreement to the city shall constitute agreement and consent of the parties to the agreement, their respective heirs, successors and assigns that the city may take such action as necessary to implement the decommissioning plan.
(g) The escrow agent shall release the decommissioning funds when the wind energy system owner, operator or landowner has demonstrated and the city concurs that decommissioning has been satisfactorily completed, or upon written approval of the city in order to implement the decommissioning.
(Ord. 21-161, passed 12-13-2021)
If any preexisting renewable energy system is destroyed or damaged to the extent of more than 50% of its fair market value at the time of destruction or damage, it shall not be reconstructed except in conformity with this chapter.
(Ord. 21-161, passed 12-13-2021)
(a) It shall be unlawful for any person, firm or corporation to violate or fail to comply with or take any action which is contrary to the terms of this chapter, or any permit issued under this chapter, or cause another to violate or fail to comply, or to take any action which is contrary to the terms of this chapter or any permit issued under this chapter.
(b) If the city determines that a violation of this chapter or the permit has occurred, the Code Administrator shall provide written notice to any person, firm or corporation alleged to be in violation of this chapter. If the alleged violation does not pose an immediate threat to public health or safety, the city and the parties shall engage in good faith negotiations to resolve the alleged violation. Such negotiations shall be conducted within 30 days of the notice of the violation.
(c) If after 30 days from the date of the notice of violation the city determines, at its discretion, that the parties have not resolved the alleged violation, the city may institute civil enforcement proceedings or any other remedy at law to ensure compliance with this chapter or permit.
(d) Notwithstanding divisions (a) through (c) of this section, the provisions of Chapter 1244: Enforcement and Penalties shall apply.
(Ord. 21-161, passed 12-13-2021)