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Elyria, OH Code of Ordinances
CODIFIED ORDINANCES OF THE CITY OF ELYRIA, OHIO
DIRECTORY OF OFFICIALS (2024)
PRELIMINARY UNIT
CHARTER OF THE CITY OF ELYRIA, OHIO
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
TITLE ONE - Planning
TITLE THREE - Subdivision Regulations
TITLE FIVE - Zoning
CHAPTER 1121 Conformance of Future Land Use and Major Thoroughfare Plans
CHAPTER 1123 General Provisions
CHAPTER 1125 Definitions
CHAPTER 1127 Administration, Enforcement and Penalty
CHAPTER 1131 Use Districts and Zoning Map
CHAPTER 1133 Amendments
CHAPTER 1135 Conditional Uses
CHAPTER 1137 Supplemental District Regulations
CHAPTER 1140 COS Conservation Open Space District
CHAPTER 1142 R-LD Residential-Low Density District
CHAPTER 1144 R-MD Residential-Medium Density District
CHAPTER 1146 R-UD Residential-Urban Density District
CHAPTER 1148 R-TH Residential-Two Household District
CHAPTER 1150 R-MHL Residential-Multi-Household Low Density District
CHAPTER 1152 R-MHH Residential-Multi-Household High Density District
CHAPTER 1154 R-MHP Residential - Manufactured Home Park District
CHAPTER 1156 B-N Business-Neighborhood District
CHAPTER 1158 B-D Business-Downtown District
CHAPTER 1160 B-G Business-General District
CHAPTER 1162 B-AO Business-Automotive Oriented District
CHAPTER 1163 POD Professional Office District
CHAPTER 1164 L-I Light Industrial District
CHAPTER 1166 H-I Heavy Industrial District
CHAPTER 1168 S-I Special Industrial District
CHAPTER 1170 TPD Technology Park District
CHAPTER 1171 Nonconforming Uses
CHAPTER 1173 Off-Premises Outdoor Advertising Signs
CHAPTER 1174 On-Premises Signs
CHAPTER 1175 Off-Street Parking and Loading
CHAPTER 1176 REDEVELOPMENT OVERLAY DISTRICT (RDOD)
CHAPTER 1177 Residential Planned Unit Developments (R-PUD)
CHAPTER 1179 Cluster Development
CHAPTER 1181 Planned Unit Developments
CHAPTER 1183 Design Review
CHAPTER 1184 Submission of Plans
CHAPTER 1186 Cellular Communication Sites
CHAPTER 1187 Sexually Oriented Businesses
CHAPTER 1188 Wind Energy Facility
CHAPTER 1199 Penalties, Remedies and Fees
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
CHAPTER 1188
Wind Energy Facility
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.
1188.01 PURPOSE.
   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.)
1188.02 DEFINITIONS.
   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.)
1188.03 APPLICABILITY.
   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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