A. No wind energy facility, or addition of a wind turbine to an existing wind energy facility, shall be constructed or located within the City unless a conditional use permit ordinance has been adopted by the City pursuant to this chapter and Chapter 1135 of the Elyria Codified Ordinances.
B. Except as otherwise approved by City Council, wind turbines shall be limited in height and kilowatt output in the City of Elyria zoning use districts as follows:
Zoning District | Maximum Height | Maximum Kilowatt output |
R-LD | 35 ft. | 5kw |
R-MD | 35 ft. | 5kw |
R-UD | 35 ft. | 5kw |
R-TH | 35 ft. | 5kw |
R-PUD | 35 ft. | 5kw |
R-MHL | 100 ft. | 15kw |
R-MHH | 100 ft. | 15kw |
R-MHP | 100 ft. | 15kw |
B-N | 100 ft. | 15kw |
B-D | 100 ft. | 15kw |
B-AO | 100 ft. | 15kw |
B-G | 155 ft. | 100kw |
POD | 155 ft. | 100kw |
TPD | 155 ft. | 100kw |
L-I | 250 ft. | 250kw |
H-I | 250 ft. | 250kw |
S-I | 250 ft. | 250kw |
COS | 250 ft. | 250kw |
C. Any physical modification to an existing conditionally permitted wind energy facility that materially alters the size, type and number of wind turbines or other equipment shall require conditional use approval pursuant to Chapter 1135 of the Codified Ordinances. Like-kind replacements as determined by the Building Inspector shall not require review by City Council or the Planning Commission.
D. Submission Requirements.
1. An application for a conditional use permit shall be as described in Section 1135.03 of the Codified Ordinances. In addition the following information is to be provided:
a. A narrative description of the existing use.
b. A narrative describing the proposed wind energy facility, including an overview of the project; the project location; the approximate generating capacity of the wind energy facility; the approximate number, representative types and height or range of heights of wind turbines to be constructed, including their generating capacity, dimensions and respective manufacturers, and a description of ancillary facilities.
c. An affidavit or similar evidence of agreement between the property owner and the facility owner or operator demonstrating that the facility owner or operator has the permission of the property owner to apply for necessary permits for construction and operation of the wind energy facility.
d. A site plan showing the planned location of each wind turbine, property lines, setback lines, access road and turnout locations, substation(s), electrical cabling from the wind energy facility to the substations(s), ancillary equipment, buildings, and structures, including permanent meteorological towers, associated transmission lines, and layout of all structures within the geographical boundaries of any applicable setback, a lighting plan, and other information that may be required.
e. Documents related to decommissioning, i.e. plan and estimated cost of removal.
f. Other relevant studies, reports, certifications and approval as may be reasonably requested by the City to ensure compliance with this chapter.
g. Any documents reasonably deemed necessary by the Service Director.
h. The fee as established by City Council.
(Ord. 2011-32. Passed 3-7-11.)