1333.05 CONDITIONAL USE PERMIT.
(a) No wind energy facility, or wind turbine shall be constructed or located within the City unless a conditional use permit has been issued by the Planning Commission to the facility owner or operator approving construction of the facility for compliance with the applicable sections of this Chapter and all other applicable provisions of the Code.
(b) Any physical modification to an existing conditionally permitted wind energy facility or wind turbine that materially alters its size, type or function, shall require conditional use approval by the Planning Commission. Like-kind replacements as determined by the Building Commissioner shall not require review by the Planning Commission.
(c) Submission Requirements.
(1) An application for a Conditional Use Permit shall be on a form approved by the Building Commissioner, but shall contain at least the following information:
A. The name, address, and telephone number of the applicant.
B. The address and zoning district of the subject property.
C. A narrative description of the existing use.
D. A narrative describing the proposed wind energy facility or wind turbine, including an overview of the project; the project location, the approximate generating capacity of the wind energy facility or wind turbine; the representative type and height or range of height of the wind turbine to be constructed, including its generating capacity, dimensions and respective manufacturer, and a description of ancillary facilities.
E. 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 or wind turbine.
F. Identification of the properties on which the proposed wind energy facility or wind turbine will be located, and all the properties adjacent to where the wind energy facility will be located, and all other properties that are within two (2) times the hub height.
G. A site plan showing the planned location of the wind energy facility or wind turbine, property lines, setback lines, access road and turnout locations, substation(s), electrical cabling from the wind energy facility to the substation(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, a plan showing areas impacted by shadow flicker.
H. Documents related to decommissioning.
I. Aesthetics impact study. A visual simulation showing 360 degree view points around the wind energy facility or wind turbine.
J. Environmental impact study.
M. Other relevant documents, information, studies, reports, certifications and approval as may be reasonably requested by the Building Commissioner or Planning Commission to ensure compliance with this Chapter and the Code.
(2) Upon receipt of a complete application for a Conditional Use Permit, the Building Commissioner shall, no later than sixty (60) business days, make a preliminary review of the application to determine compliance with the requirements of subsection (c)(1) hereof. If the Building Commissioner determines that the application is not complete, the Building Commissioner shall immediately notify the applicant; otherwise, the Building Commissioner shall forward the application to the Planning Commission for review at its next regularly scheduled meeting.
(3) The Planning Commission shall schedule a public hearing. The applicant shall participate in the hearing and be afforded an opportunity to present the project to the public and municipal officials, and answer questions about the project. The public shall be afforded an opportunity to ask questions and provide commitment on the proposed project.
(4) After the close of any public hearing, the Planning Commission shall make a determination whether to issue or deny the conditional use permit at its next regular meeting, unless the applicant requests for the decision to be postponed by the Planning Commission to a mutually agreeable date.
(5) Throughout the permit process, the applicant shall promptly notify the City of any changes to the information contained in the permit application.
(6) Changes to the pending application that do not materially alter the initial site plan may be adopted without a renewed public hearing as determined by the Building Commissioner.
(Ord. 2009-30. Passed 8-11-09.)