(A) Wind turbines.
(1) Development standards.
(a) Single, mono-pole wind turbines are considered to be conditional uses in all zoning districts as primary or accessory structures.
(b) Single, mono-pole wind turbines are subject to compliance with all requirements established in this chapter, as well as all county, state and federal agency requirements, including the FAA due to possible proximity to Akron Canton Airport. Wind turbines supported by guy wires are not permitted.
(c) As conditional uses, freestanding wind turbines shall be reviewed and approved through the Planning and Zoning Commission, through the established site plan review process and applicable fee schedule. Wind turbines that are installed as appurtenances to primary structures are not subject to Planning and Zoning Commission approval.
(d) A water pumper is exempt from Planning and Zoning Commission review, but must be sited with setbacks to the property lines equivalent to the height of the tower plus ten feet.
(e) Application submittals shall include a site plan, a line drawing identifying the electrical components of the system, detailed specifications for the wind turbine to be installed, a property entry agreement providing city access to the site in the event that decommissioning is required, and evidence that the applicant has communicated with Ohio Edison regarding proposed interconnection to the utility grid.
(f) Site plans for wind turbine projects shall be drawn to scale and clearly detail the following:
1. Information about the proposed site, including all parcels, property lines, dimensions of the site, acreage, parcel number(s), current zoning designation and use;
2. Indicate the location and dimensions of existing structures on the site, noting which are habitable; indicate habitable structures on adjoining property not owned by the applicant within 100 feet of the property lines in all directions;
3. Freestanding turbines: indicate the exact location and height of the proposed wind turbine, setbacks from the wind turbine to all property lines on the site and to all habitable structures within 100 feet;
4. Specific location and positioning on the structure for building mounted units;
5. Location of all aboveground utility lines, freestanding antennas, public and private streets, gas and oil storage, and pumping facilities within the setback radius;
6. Indicate the property owner, mailing address and physical address of the project;
7. Wind turbine: include the make, model, picture/diagram showing the height to the hub and to the top of the blade when extended to the highest point, a cutaway view illustrating the foundation, manufacturer’s specifications, and decibel level; and
8. Photographs of the turbine location, taken from the property line and/or setback locations.
(2) Review and permit requirement.
(a) Prior to installation of a freestanding wind turbine, the property owner is responsible for making application for a conditional use permit through the Planning Department a minimum of 45 days prior to the intended meeting.
(b) The Planning Department will provide a minimum ten-day advance notification to contiguous property owners and property owners within a 200-foot radius of the project site via regular U.S. mail through the conditional use process with specific information about the proposed project and the Planning and Zoning Commission meeting, date, and time, when the project will be reviewed; and also publish the notification in newspapers of general publication in the city with the same advance notice period.
(c) After obtaining approval through the Planning and Zoning Commission, the property owner is responsible for ensuring that all required permits are obtained prior to initiation of construction, including city permits and county building and any other permits deemed necessary.
(d) Prior to making any modifications to an existing wind turbine under a conditional use permit that may materially alter the size and/or type of equipment, the applicant is responsible for contacting the Planning Department for alteration review. Like-kind replacements shall not require an additional review or permit.
(3) Location/placement on property.
(a) A freestanding wind turbine may be located in the side or rear yard on lots that exceed one acre in area, subject to all setback restrictions. The turbine may be located in a front yard in specific applications, where the home is situated further from the street than current code permits, if double tower height setbacks can be met in all directions, or as approved by the Planning and Zoning Commission.
(b) A building-mounted wind turbine may be installed on a primary structure located on any size parcel, in compliance with appurtenance height restrictions; a qualified professional must install the turbine in accordance with manufacturer’s guidelines. Building-mounted turbines are not subject to review and approval of the Planning and Zoning Commission.
(c) Small, accessory use turbines may be approved by the Planning and Zoning Commission.
(4) Height regulations. A freestanding wind turbine shall not be installed on an artificially established mound or base, with the intention of siting the system higher than natural grade settings.
(a) In all residential zoning districts, freestanding wind turbines shall not exceed 55 feet in height, or as approved by the Planning and Zoning Commission, and subject to required setbacks.
(b) In business and industrial districts, freestanding wind turbines shall not exceed 75 feet in height, or as approved by the Planning and Zoning Commission and subject to required setbacks.
(c) Building-mounted wind turbines may be attached to primary structures and may not extend more than ten feet above the peak of the highest roof level.
(d) All moving parts, components and blades of freestanding wind turbines shall be at least 15 feet above the ground and at least 15 feet above any open-air building features intended for human occupancy, such as balconies or roof gardens that are located directly below the wind turbine.
(5) Setbacks.
(a) Setbacks are established to create a fall zone. The minimum setback is equal to the height of the freestanding wind turbine plus ten feet, measured from the base of the tower to property lines and habitable buildings contiguous to the site.
(b) The entire fall zone must be free of overhead transmission lines, public or private streets, aboveground gas or oil storage or pumping facilities, and habitable buildings.
(c) For lots where property lines extend to the center of a road, the setback shall be measured to the road right-of-way or road easement.
(6) Nuisance conditions.
(a) Anemometer. The construction of an anemometer tower for the purpose of collecting data to develop a wind energy system shall require a building permit conforming to the applicable sections of the Ohio Building Code and shall be permitted for a period not to exceed 18 months.
(b) Sound.
1. A normal sound pressure level shall be measured at the property line with the wind turbine turned off; a second measurement shall be made with the turbine turned on.
2. An acceptable wind turbine sound pressure level will not exceed 20 decibels above the normal sound level measured at the property line. This level, however, may be exceeded during short-term events, such as times of excessive wind speeds or during power outages.
(c) Shadow flicker. During the location design phase, prior to installation, the property owner shall anticipate possible shadow flicker on neighboring properties and make reasonable efforts to reduce or remove the impact to occupied structures.
(7) Safety standards.
(a) Rotor safety. Each wind turbine system must be equipped with both manual and automatic controls to limit the rotational speed of the blade to correspond with the design limits of the rotor.
(b) Wind turbine tower access. Tower-climbing apparatus for freestanding wind turbines shall be located no closer than 15 feet from the ground; or have a locked anti-climb device installed on the tower; or the tower shall be completely enclosed by a locked, protective six-foot tall fence.
(c) Lighting. Wind turbines shall not be artificially lighted, except to the extent that may be required by the Federal Aviation Administration or other applicable authority that regulates air safety. The city shall notify the Akron Canton Airport of proposed structures.
(d) Transmission lines. Transmission and power lines shall be placed underground.
(8) Appearance.
(a) Wind turbines and components shall be painted or finished with a nonreflective, unobtrusive color that blends into the surrounding landscape to the greatest extent possible.
(b) Signage identifying the manufacturer, owner and emergency contacts shall be posted on the turbine. Signage shall not exceed one square foot; a sign permit is not required.
(9) Freestanding wind turbine maintenance and abandonment.
(a) The property owner is responsible for ensuring that the wind turbine operates as designed and in compliance with the guidelines established in this chapter. If a wind turbine system ceases to perform as originally intended for more than 12 consecutive months, the property owner is responsible for repairing or totally removing all parts of the system no later than 90 days after the end of the 12-month period.
(b) A wind turbine that is out-of-service for a continuous 12-month period will be deemed to have been abandoned. The Zoning Division may issue a notice of abandonment to the owner of a wind turbine that is deemed to have been abandoned. The owner shall have the right to respond to the notice of abandonment within 30 days from notice receipt date. The Zoning Division shall withdraw the notice of abandonment and notify the owner that the notice has been withdrawn if the owner provides information that demonstrates the wind turbine has not been abandoned.
(c) If the wind turbine is determined to be abandoned, the owner of a wind turbine shall remove the tower and all components completely at the owner’s sole expense within three months of receipt of notice of abandonment. If the owner fails to remove said tower and components from the site, the Zoning Division may pursue a legal action to have the tower and all components removed at the owner’s expense.
(d) The property owner is responsible for all costs and expenses incurred in connection with the securing, removal and disposal of the system. Upon failure to pay invoices for such costs and expenses within 30 days of invoicing by the Finance Department, any unpaid costs will be placed as a lien to be collected as part of real estate taxes. The assessment of such costs shall be effective even if the property would otherwise be exempt from real estate taxation.
(10) Utility connection. Energy systems proposed to be connected to the power grid through net metering shall adhere to R.C. § 4928.67.
(B) Solar panels.
(1) Solar panels mounted on primary structures are considered to be appurtenances and subject to applicable code restrictions in each zoning district: residential, business and industrial. The amount of solar panels to be installed shall serve the needs of the structures located on the parcel.
(2) Solar panels must be installed in accordance with the manufacturer’s design and operation standards, as well as all local, county, state and federal guidelines.
(3) Freestanding solar panels are considered to be accessory uses, subject to accessory use code and zoning and building permit requirements in each zoning district, however they shall not be counted as contributing to the total square footage of accessory uses/structures. Transmission and power lines shall be placed underground.
(C) Outdoor furnaces.
(1) Not to be confused with wood-burning stoves and fireplaces, outdoor furnaces are generally installed outside, sometimes within a small insulated shed, some distance from the home for the primary purpose of the combustion of solid fuel (wood or corn) to heat interior space or water.
(2) Outdoor furnaces are permitted accessory to residential uses in RR and R-1 Zoning Districts, and must also comply with county, state or federal agency guidelines. The city recommends installation by a qualified professional and strict adherence to manufacturer’s instructions.
(3) Outdoor furnaces shall be located on minimum one acre lots to be used during the established burning season, in compliance with the following.
(a) Outdoor furnaces installed after January 1, 2010 must be EPA Phase II Program Qualified Models or better.
(b) Outdoor furnaces may be located only in the rear yard.
(c) Minimum setback to all property lines shall be 25 feet.
(d) If located within 100 feet of any residence not served by the furnace, the stack height must be adjusted to minimize smoke encroaching onto neighboring properties at human-occupied levels.
(e) Only natural wood or the manufacturer’s listed fuels may be burned in any outdoor furnace. Burning of any and all other materials is prohibited, including, but not limited to, plastics, naphtha, leaves, trash, rubbish, garbage, construction materials, treated wood, yard waste, green wood, pallets and the like.
(f) The maximum height for the furnace and/or enclosure shall not exceed 15 feet, measured from the average grade at the base of the furnace to the top, not including the stack.
(g) The property owner is required to obtain all required permits, including a zoning permit for an accessory use and applicable permits through County Department of Building Standards. (Note: the square footage of the furnace shall not be calculated into the total square footage allowed for accessory uses.)
(h) Operation of outdoor furnaces is permitted during the established burning season, from September 15 through April 30.
(Prior Code, § 1479.04) (Ord. 2009-20, passed 8-25-2009)