(a)   Purpose.  The purpose of this section is to protect the public health and safety of its citizens and to promote an orderly land use within the City of Clyde.  All Wind Energy Systems shall be a "conditionally permitted" use in all Zoning Districts.
   (b)   Definitions.
      (1)   A Wind Energy System includes any or all of the following components:
         A.   A turbine with propeller-style blades, or
         B.   A vertical rotor, or
         C.   Other means of capturing the energy in moving air
         D.   A tower or
         E.   A mounting structure
         F.   Associated electrical distribution circuitry;
         G.   A battery or
         H.   Other means of storing energy
         I.   Other means of transmitting energy
         J.   Mechanical control mechanism;
         K.   Electrical/electronic/computer control circuitry
         L.   A foundation
         M.   Enclosures
      (2)   Total Height means the distance measured from the natural ground elevation (not mounded) to the highest point that any part of the Wind Energy System can reach.
      (3)   A Wind Energy System is a system designed to reduce the on-site consumption of Municipal Power.
      (4)   Wind Turbine Rotor means that portion of a wind turbine that includes the blades or scoops, hub and shaft.
      (5)   Tower means an elevating structure intended to raise the rotor, turbine and accessory equipment above either the ground surface or the top of a building.
      (6)   Commercial Wind Energy System means a system having more than one (1) wind turbine and primarily used for off-site sale of generated power.
      (7)   Wind Turbine means a Wind Energy System that converts wind energy into electric energy by means of rotary motion driven by the passage of air through the Wind Energy System.  Wind Energy Systems include those models designed to be mounted on rooftops of existing or new buildings, including residential applications.
   (c)   Applicability. 
      (1)   This section applies to all Wind Energy Systems as defined in subsection (b) hereof that are proposed to be constructed or located within the City of Clyde after the effective date of this section.
      (2)   Any Wind Energy System constructed or located prior to the effective date of this section will not be required to meet the provisions of this section, provided that any physical modifications to such pre-existing Wind Energy System that materially alters the size, type an number of any such Wind energy Systems shall be required to comply with provisions of this section.  Preexisting Wind Energy Systems that are destroyed or damaged to the extent they can no further operate, shall not be reconstructed except in conformity with this section.
   (d)   Conditional Permitted.  A Wind Energy System shall be considered a "Conditionally Permitted Use" in all Zoning Districts.
   (e)   Permit Requirements. 
      (1)   No Wind Energy System shall be constructed or located within the City of Clyde unless a "Conditionally Permitted Use" has been approved by the Board of Zoning Appeals and a permit has been issued to the applicant by the Zoning Inspector.  Application for a Wind Energy System shall be made on the same application as used for other zoning applications.
      (2)   The conditionally permitted use permit application shall be made in compliance with this section and Chapter 1169 Conditionally Permitted Uses.  The fee for such permit shall be the same as for other Conditionally Permitted Uses.
      (3)   Any physical modifications to an existing and permitted Wind Energy System that materially alters the size, type and number of such systems shall require a new permit be issued.
      (4)   An applicant who proposes to construct  or locate a Wind Energy System, as defined in this Section - on a roof of an existing or new structure shall be required to apply for a conditionally Permitted Use Permit.
   (f)   Wind Energy Electric System Requirements. 
      (1)   The Wind Energy System, as defined, is permitted in all Zoning Districts.
      (2)   The setback for a Wind Energy System shall be determined based upon its height.  The setback height shall be measured from the foundation of the system to the highest point of the blades.  The minimum setback from the nearest property line; public right of way; occupied structure; and overhead public utilities, such as telephone or electric lines shall be no less than 1.1 times the setback height.
      (3)   Design standards.
         A.   Tower Design.  The design of the tower, if any, shall be a single enclosed pole, which is freestanding, without guy wires or an open lattice tower.  When either type of tower is employed, it shall have anti-climbing protection.  A single enclosed pole shall have no climbing rungs for the first fifteen (15) feet from the foundation.  A lattice tower shall have fencing or other material of sufficient height to prevent climbing of the tower.
         B.   Minimum Blade Height.  The minimum height of the lowest extent of the turbine blade shall be thirty (30) feet above the foundation of the tower or thirty (30) feet above any structure or obstacle within thirty (30) feet horizontally from any part of the arc of the turbine blades.
         C.   Noise.  No Wind Energy System shall generate sounds exceeding 45Dba as measured one hundred (100) feet from the tower.  Noise generated from these systems shall also comply with existing City noise ordinances.
         D.   Visual Appearance.  Small Wind Energy Systems shall be finished in a corrosion-resistant, non-obtrusive finish and color that is non-reflective.  No Wind Energy Electric System shall be lighted, unless required by FAA.  No flags, streamers, decorations or advertising signs of any kind or nature shall be permitted on any system.  All systems shall have a clearly visible warning sign at the base of the system warning of "high voltage".  All access doors to the wind Energy system, if any, shall be locked to prevent entry by non-authorized personnel.
         E.   Electrical Interconnections.  All electrical interconnections and distribution electric lines shall be underground and comply with all applicable codes and requirements.  Before any Wind Energy System may be installed, the owner shall first make application for interconnect with the City's electric department and also enter into an interconnect agreement with the City.  Both application and agreements forms are available from the Zoning Inspector.
         F.   Signal interference.  No Wind Energy System shall cause material interference with television or other communication signals received from abutting property owners.  Once determined said system is causing interference, the owner shall take steps to filter, reflect or block any noise causing such interference.  Failure to correct the cause for interference may cause the City to terminate service until such time the interference is corrected.
         G.   Controls and brakes.  All Wind Energy Systems with external blades shall be equipped with a redundant braking system.  This includes both aerodynamic over speed controls (including pitch, tip and other similar systems) and mechanical brakes.  Mechanical brakes shall be operated in a fail-safe mode.  Stall regulations shall not be considered a sufficient braking system for over speed protections.
         H.   Wind Energy Systems proposed to be connected to the City's distribution system for the purpose of net metering shall adhere to the Ohio R.C. 4928.67.
      (4)   Permit applications.  Applications for a Wind Energy System are available from the Zoning Inspector and shall include the following information.
         A.   Site Plan (map view) to scale showing the location of all of the components of the proposed Wind Energy System and the locations of all existing buildings, structures, property lines; overhead utilities, along with distances, and
         B.   Elevation (side view) drawings of the site to scale showing the height, design, and configuration of the system and the height and distance to all existing structures, buildings, overhead utilities, property lines, and
         C.   Structural drawings and engineering analysis of the system tower and/or supporting structure, demonstrating adequate weight and lateral stress capacity, and a standard foundation and anchor design demonstrating adequate vertical and lateral support capacity for the soil conditions at the site.  Tower and foundation designs shall be certified by a registered Professional Engineer from the State of Ohio.
         D.   Specific information on the type, size, rotor material, rated power output, performance, safety and noise characteristics of all parts of the system, including the name and address of the component manufacturers model and serial numbers of all system components and statement from the manufacturer that the system meets all applicable electrical codes.
         E.   Property Owners of a Wind Energy System shall maintain a current liability policy covering bodily injury and property damage with limits of at least one million dollars ($1,000,000) per occurrence and one million dollars ($1,000,000) in the aggregate.  Property owner shall provide a copy of a current policy and make part of the application for a Wind Energy System.
   (g)   Non-Use.  Any Wind Energy System which complies with the terms of this section, but is not operable, excluding pending repair parts, shall be removed within six (6) months.  Failure to remove the system shall be deemed a violation of this ordinance and shall be handled in the same manner as other nuisances within the City.
(Ord. 2009-44.  Passed 11-3-09.)