(a) Submission of Application. An application to construct or alter a wind energy facility subject to the regulations of this chapter shall be submitted to the Department of Building and Housing as part of a Building Permit application.
(b) Determination of Compliance. The Department of Building and Housing shall determine if the application conforms to requirements of this chapter and other applicable regulations of the City of Cleveland, except for those provisions that require a determination by the City Planning Commission under provisions of this chapter.
(c) Referral to City Planning Commission. For proposals subject to approval by the City Planning Commission, under Section 354A.03(b), the Department of Building and Housing shall refer the application to the City Planning Commission for review and approval.
(d) City Planning Commission Action. The City Planning Commission shall review any application subject to its approval under provisions of this chapter and shall determine whether the proposal meets all applicable standards established in this chapter to ensure appropriate appearance and compatibility with surrounding uses. The Commission shall take action on the application at a public meeting, subsequent to providing public notice, as provided in division (e) of this section. The Commission may require modifications to the proposal as a condition of approval. The Commission may disapprove an application if it determines that the proposed location does not meet the standards set forth in this chapter and that a suitable alternative location is available.
(e) Notice Requirements. Prior to taking action on a wind turbine application subject to its approval under provisions of this chapter, the City Planning Commission shall mail notices describing the proposal to all owners of property located within a distance of the wind turbine equal to three (3) times the height of the structure in the case of a ground-mounted structure and to all owners of property located within one hundred (100) feet of the wind turbine in the case of a rooftop-mounted structure. Such notice shall be sent by first-class mail or equivalent method at least ten (10) calendar days prior to the date of the public meeting. The Commission shall also provide notice at the same time to any Councilmember who represents an area in which notices are to be mailed to property owners.
(f) Permit Issuance. The Department of Building and Housing shall issue the required permits if it determines that the application conforms to requirements of this chapter and other applicable regulations of the City of Cleveland, and if it has been approved by the City Planning Commission where such approval is required.
(Ord. No. 458-09. Passed 6-8-09, eff. 6-12-09)