1137.16 WIND TURBINES.
   (a)   Definitions. For purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      (1)    Wind Energy Conversion System or WECS: An electrical generating facility comprised of one or more wind turbines and accessory facilities, including but not limited to: power lines, transformers, substations and meteorological towers that operate by converting the kinetic energy of wind into electrical energy. The energy may be used on-site or distributed into the electrical grid.
      (2)   Commercial WECS: A WECS that will be used for off-site consumption of electrical power.
      (3)   Fall Zone: An area defined as a distance of at least 125% of the total height of the total structure from any property line, occupied building, and public or private road or right-of-way.
      (4)   Feeder Line: Any power line that carries electrical power from one or more wind turbines or individual transformers associated with an individual wind turbine to the point of interconnection with the electric power grid.
      (5)   Property line: The boundary line of the area over which the entity applying for a Conditional Use Permit has legal control for the purposes of installation of a Wind turbine. This control may be attained through fee title ownership, easement, or other appropriate legal relationship between the project developer and landowner.
      (6)   Rotor diameter: The outer diameter of the circle described by the moving rotor blades.
      (7)   Small WECS: A WECS that will be used to reduce on-site consumption of electrical power.
      (8)   Total height: The highest point, above ground level, reached by a rotor tip or any other part of the WECS.
      (9)   Tower: Towers include vertical structures that support the electrical generator, rotor blades, or meteorological equipment.
      (10)   Wind Turbine: A wind turbine is any piece of electrical generating equipment that converts the kinetic energy of blowing wind into electrical energy through the use of airfoils or similar devices to capture the wind.
   (b)    WECS shall be a Conditional Use in all districts, and shall require a Conditional Use Permit and must meet all of the requirements specified in this section. WECS shall not be allowed in any residential district, except that small WECS will be allowed in all districts as a conditional use.
      (1)   The conditional use permit application shall be made in compliance with this Chapter and Section 1145.06 of the Codified Ordinances and shall be accompanied with a fee in the amount of one hundred dollars ($100.00).
      (2)   An applicant who proposes to construct or locate a WECS, as defined in this Chapter, on the roof of an existing structure shall be required to apply for a conditional use permit and request a waiver by the Planning Commission from those requirements of this Chapter that the Planning Commission finds are not applicable.
   
   (c)   In addition to the other requirements specified in Chapter 1145, the following requirements must be met in order to apply for a Conditional Use Permit for wind turbines.
      (1)   The application for a Conditional Use Permit shall include a scale site drawing showing the proposed location of all facilities to be constructed, the dimensions of the property, proposed heights, and the distance to all buildings and property lines.
      (2)   All towers shall be sited so as to provide a Fall Zone.
      (3)   All moving rotor blades shall be a minimum of 30 feet from ground level.
      (4)   Noise levels shall be less than 60 dBA at the nearest property line, unless the property where the wind turbine is proposed abuts a residential district, in which case the maximum noise level shall be 50 dBA at any property line abutting a residential district.
      (5)   All permanent wind turbine towers shall be self supporting. No guy wires will be allowed on permanent structures.
      (6)   All towers shall be made non-climbable in a manner approved by the Village Administrator.
      (7)   All electrical wires leading to or from a wind turbine shall be buried underground. All connections to transmission lines and/or substations shall be buried underground.
      (8)   A color scheme of the tower and turbine assembly shall be submitted to the Planning Commission and shall be subject to its approval.
      (9)   WECS facilities shall not be artificially lighted, except to the extent required by the FAA or other applicable authority.
      (10)   A shadow flicker study to determine any potential negative impact on surrounding properties shall be conducted prior to Planning Commission hearing of the conditional use and the report shall be included in the conditional use application. The study shall be at the applicant's expense, and shall be performed by a neutral third party approved by the Village Administrator.
      (11)   A study to determine any possible interference with radio, television, or cellular telephone communication shall be conducted prior to hearing of the application by Planning Commission, and the results shall be included in the conditional use application. The study shall be at the applicant's expense, and shall be performed by a neutral third party approved by the Village Administrator.
      (12)   Any tower or structure associated with a Wind Turbine and WECS that remains unused for any reason for more than twelve (12) months shall be dismantled and removed from the property no later than ninety (90) days from receipt of written notice from the Village Administrator. A plan for dismantling and removal of the equipment shall be included in the conditional use application.
         (Ord. 873. Passed 10-4-10.)
TABLE 1
DISTRICT REGULATIONS FOR RESIDENTIAL BUILDINGS
 
District
Minimum Lot
Area Per Unit
(sq. ft.)
Size
Width
Yard Dimensions
Lot Coverage
(Max.)
Height
(Max.)
Minimu m Floor Area Per Dwelling Unit (sq. ft.)
Front
Side One Yard
Side
Both
Rear
R-1
Single Family
Two Family
12,000
8,000
80'
100'
30'
30'
12'
12'
24
24
25'
25'
30%
30%
32'
32'
1000
1000
R-2
Single Family
Two Family
Multiple Family
8,712
6,500
4,000
66'
99'
99'
30'
30'
30'
6'
5'
8'
14'
12'
20'
25'
25'
25'
30%
30%
25%
50'
50'
50'
700
800
600
R-3
Single Family
Two Family
Multiple
6,500
6,500
4,000
50'
99'
99'
Average
Two
Adjoinin g
5'
5'
5'
10'
10'
10'
25'
25'
25'
30%
30%
30%
50'
50'
50'
600
700
600
C-1, C-2
Single Family
Two Family
Multiple
same
as
R-2
sam e
as
R-2
same
as
R-2
same
as
R-2
same
as
R-2
same
as
R-2
same
as
R-2
same
as
R-2
same
as
R-2
M-1, M-2
Prohibited
 
TABLE 2
DISTRICT REGULATIONS FOR ALL BUILDINGS OTHER THAN DWELLINGS
District
Minimum Lot
Area
Lot
Width
Yard Dimensions
Lot Coverage
(Max.)
Height
(Max.)
Front
Each Side Yard
Rear
S-1
217,800 sq. ft.
(5 A.)
500'
30'
20'
30'
30%
No restriction
R-1
same as S-1
same as S- 1
same as S-1
same as S-1
same as S- 1
same as S- 1
same as S- 1
R-2
26,000 sq. ft.
100'
30'
20'
30'
30%
No restriction
R-3
19,800
100'
30'
15'
25'
30%
50'
C-1
none
none
none
none
none
85%
45'
C-2
22,500 sq. ft.
150'
30' *
15'
25'
50%
45'
M-1, M-2
none
none
30' *
15'
25'
50%
75'
 
*   Where fronts on state highway front shall be (2) times these requirements.
(Ord. 312. Passed 9-10-79; Ord. 427. Passed 6-28-82.)