1188.01 Purpose.
1188.02 Definitions.
1188.03 Applicability.
1188.04 Conditional use permit.
1188.05 Design and installation.
1188.06 Setbacks.
1188.07 Height restrictions.
1188.08 Noise.
1188.09 Waiver of noise.
1188.10 Liability insurance.
1188.11 Decommissions.
1188.12 Public inquiries and complaint remedies.
1188.13 Remedies.
This chapter is adopted in order to provide for and to promote the development of alternative energy sources; specifically the construction and operation of wind energy facilities in the City subject to reasonable conditions that will protect the public health, safety and welfare.
(Ord. 2011-32. Passed 3-7-11.)
A. “Applicant.” The person or entity filing an application under this chapter.
B. “Facility owner.” Any person having an equitable interest or ownership in the wind energy facility, including their respective successors and assigns.
C. “Hub height.” The distance measured from the surface of the tower foundation to the height of the wind turbine hub, to which the blade is attached.
D. “Occupied building.” A residence, school, hospital, church, public library or any building other than the wind energy facility building used for public gathering.
E. “Operator.” The person responsible for the day-to-day operation and maintenance of the wind energy facility.
F. “Person.” An individual, corporation, business trust, estate, trust, partnership, association, limited liability company or any other entity authorized to do business under the laws of the State of Ohio.
G. “Shadow flicker.” The on-and-off flickering effect of a shadow caused when the sun passes behind the rotor of a wind turbine.
H. “Turbine height.” The distance measured from the surface of the tower foundation to the highest point of the turbine rotor plane.
I. “Wind energy facility.” An electric generating facility, whose main purpose is to supply electricity, consisting of one or more wind turbines and other accessory structures and buildings, including substations, meteorological towers, electrical infrastructure, transmission lines and other appurtenant structures and facilities.
J. “Wind turbine.” A wind energy conversion system that converts wind energy into electricity through the use of a wind turbine generator and includes the nacelle, rotor, tower, and pad transformer, if needed.
(Ord. 2011-32. Passed 3-7-11.)
A. No person shall construct, erect, maintain, extend or remove a wind energy facility in the City without compliance with the provisions of this chapter.
B. A wind energy facility shall be permitted only as a conditional use.
C. Wind energy facilities constructed prior to the effective date of this chapter shall not be required to meet the requirements of this chapter; provided that any physical modification to an existing wind energy facility that materially alters the size, type and number of wind turbines or other equipment shall require a conditional use pursuant to Chapter 1135 of the Codified Ordinances.
(Ord. 2011-32. Passed 3-7-11.)
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