(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 Fostoria. All Wind Energy Systems shall be a "conditionally permitted" use in all Zoning Districts.
(b) Definitions.
(1) Applicant: The person or entity filing an application under this Section.
(2) Clear Fall Zone: An area surrounding the wind turbine unit or wind energy system into which the turbine, tower and/or turbine components might fall due to inclement weather, poor maintenance, faulty construction methods, or any other condition causing structure failure. The area shall remain confined within the property lines of the primary parcel where the wind energy structure is located. The purpose of the zone being that, if the structure should fall or otherwise become damaged, the falling structure will be confined to the primary parcel, will not fall onto dwellings or accessory buildings, and will not intrude onto a neighboring property.
(3) Decibel: A unit of relative sound equal to ten time the common logarithm of the ratio of two readings. For sound, decibel scales run from zero for the least perceptible to 130 for sound that causes pain.
(4) Facility Owner: The entity or entities having equity interest in the wind energy facility, including their respective successors and assigns.
(5) Large Wind Energy System: A wind energy system that has a rated capacity of more than 600 kilowatts (kW).
(6) Lattice Tower: A tower constructed of vertical metal struts and cross braces forming a square or triangle structure that tapers from the foundation.
(7) Medium Wind Energy System: A wind energy system which has a rated capacity of more than 20 kilowatts (kW) and less than 600 kW.
(8) Monopole Tower: A tower constructed of a single, self-supporting metal tube, anchored to a foundation with controls locked inside the tube.
(9) Non-Participating Landowner: Any landowner except a landowner on whose property all or a portion of a wind energy system is located.
(10) Operator: The entity responsible for the day-to-day operation and maintenance of the wind energy system.
(11) Occupied Building: A residence, school, hospital, church, public library, or other building used for private or public gathering or for commercial purposes that is occupied or in use when a permit application is submitted.
(12) Shadow Flicker: The on-and-off flickering effect of a shadow caused when the sun passes behind the rotor of a wind energy system.
(13) Small Wind Energy System: A wind energy system which has a rated capacity of not more than 20 kilowatts (kW).
(14) Total Height: The vertical distance from ground level to the tip of a wind generator blade when the tip is at its highest point.
(15) Tower: an elevating structure intended to raise the rotor, turbine and accessory equipment above the ground or mounting surface.
(16) Wind Turbine Height: The height from pre-existing natural grade to the highest point of the wind turbine rotor plane.
(17) Wind Energy System: An electric generating system, whose main purpose is to convert wind energy into usable forms or energy, or to supply electricity, consisting of one (1) or more wind turbines, supporting structures and other accessory structures, buildings, including substations, meteorological towers, electrical infrastructure, energy storage systems and equipment, transmission lines and other appurtenant structures and systems.
(18) Wind Energy System Owner: The entity or entities having an equity interest in the wind energy system, including their respective successors and assigns.
(19) Wind Turbine: A wind energy conversion system that controls or converts wind energy into electricity through the use of a generator.
(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 Fostoria 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 and 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) Conditionally Permitted. All Wind Energy Systems 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 Fostoria 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 Section 1109.03 Conditional Use Permit.
(4) 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.
(5) Specific information on the type, size rotor, material and rated power output, performance, safety and noise characteristics and decibel rating, of all parts of the system including the name and address of the component manufacturer's model and serial numbers of all system components and statement from the manufacturer that the system meets all applicable electrical codes. This information shall be submitted at the time of the application for a conditional use permit.
(6) All Wind Energy Systems connected to the commercial power system (power grid) shall be net metered, and shall have grid failure disconnect systems and shall adhere to Ohio R.C. 4928.67.
(7) The setback distance for all Wind Energy Systems shall be determined and based on the total height of the system. The minimum setback shall be 1.1 times the total height from the nearest property line; public right-of-way; rail line; utility corridor/easement and; overhead public utilities, such as fiber optic, cable, telephone or electric lines.
(8) 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
(9) 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,
(10) 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 for the State of Ohio.
(11) Documentation that a "Determination of No Hazard to Air Navigation" has been received from the Federal Aviation Administration (FAA) for the proposed Wind Energy System.
(12) 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.
(13) Applicants must submit all required applications, drawings, etc., to Wood County Building Inspection for Wind Energy Systems within Commercial or Industrial Zoning Districts.
(f) Wind Energy Systems Design Standards and Installation.
(1) All Wind Energy Systems shall conform to the National Electric Code and Ohio Building Code and all electrical interconnections and distribution electric lines shall be underground and shall comply with all applicable codes and requirements.
(2) Any Wind Energy System shall not provide power to off-site buildings, structures, or uses other than the electrical power energy distribution system (power grid).
(3) There shall be only one (1) unit at each residential site or parcel. In Commercial or Industrial Zone Districts, the Board of Zoning Appeals shall set the permitted number of units at each location, site or parcel. For Large Wind Energy Systems, the maximum number of towers per a four (4) acre parcel/site or system owner shall not exceed two (2).
(4) Tower Design. The design of the tower shall be a single enclosed pole, which is freestanding, without guy wires.
(5) Wind Energy Systems in Residential Zoning Districts shall be roof mounted or mounted on a standard single metal utility pole in accordance with manufacturer's specifications. A roof mounted system shall not extend higher than twelve (12) feet above the top of the roof where it is mounted. Pole mounted Small Wind Energy Systems shall be located at the rear of a main building.
(6) Visual Appearance. Wind Energy Systems shall be finished in a corrosion resistant, non-obtrusive finish and a non-reflective color consisting of off-white, gray or sky/pale blue. No Wind Energy System shall be lighted, unless required by the 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.
(7) Wind Energy Systems in Commercial Zoning Districts; 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 horizontally from any part of the arc of the turbine blades.
(8) 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.
(g) Liability Insurance. Property owners of all Wind Energy Systems shall maintain a current liability insurance policy which will cover installation and operation of the Wind Energy System at all times. The liability insurance policy shall, as a minimum include covering bodily injury and property damage with limits of at least one (1) million dollars per occurrence and one (1) million dollars in the aggregate. Property owners shall make the City of Fostoria a Certificate Holder and provide a copy of said certificate to the City of Fostoria.
(h) Signal Interference. No Wind Energy System shall cause interference with television, internet or other communication signals received from abutting property owners. Once determined, said system is causing interference, the owner shall take steps to filter or block the cause of said interference. Failure to correct the cause for interference may cause the City to order the owner to terminate the Wind Energy System until such time the interference is corrected.
(i) Noise. No Wind Energy System shall generate sounds exceeding 60 decibels in Commercial Zoning Districts as measured from the nearest property lines and 45 decibels in Residential Zoning District.
(j) Wind Energy Systems. No experimental, home built, or prototype Wind Energy System shall be allowed.
(k) Anti-Climbing Device. A single pole tower shall have anti-climbing protection which shall consist of not having rungs/ladders or other climbing devices for the first fifteen (15) feet from the foundation.
(l) Maintenance. All Wind Energy Systems shall be maintained in good working order in accordance with manufacturer's specifications.
(m) Non-Use. Any Wind Energy System which complies with the terms of this ordinance, but is not operable, with pending repairs limited to twelve months from the last date of operation, shall be removed within six (6) months after said repair period has expired. The property owner shall remove the Wind Energy System at their expense. Removal of the system shall include the removal of the entire structure, including foundations, transmission/inter-connect equipment, and fencing from the property. Failure to remove the system shall be deemed a violation of this ordinance and shall be subject to civil and criminal prosecution.
(n) Severability. Should any section, subdivision, clause, or phrase of this chapter be declared by the courts to be invalid, the validity of the chapter as a whole, or in part, shall not be affected other than the part invalidated.
(o) Penalty. Whoever violates any provisions of this chapter for which no other penalty is provided, or any rule or regulation promulgated hereunder, or fails to comply therewith or with any written notice, or order issued hereunder, or whoever interferes with, obstructs or hinders the Chief Building Official or his authorized representative while attempting to make inspections, is guilty of a misdemeanor of the third degree as defined in the Ohio Revised Code. Each day such violation occurs or continues shall constitute a separate offense.
(Ord. 2014-15. Passed 4-1-14.)