1106.19 WIND ENERGY.
   (a)   Where Permitted.
      (1)   Roof-mounted small wind energy systems are permitted by right in all zoning districts, provided that the system does not fall within the front yard and all of the applicable requirements of this Code are met.
      (2)   Tower-mounted small wind energy systems may be permitted as a special land use in the U, I-R, and I districts, provided that the system does not fall within the front yard and all of the applicable requirements of this Code are met.
   (b)   Minimum Lot Area.
      (1)   Roof-mounted small wind energy systems will have no minimum lot area.
      (2)   Tower-mounted small wind energy systems must be located on a lot with a minimum area of one (1) acre.
   (c)   Maximum Wind Turbine Height.
      (1)   Roof-mounted small wind energy systems will have a maximum height of ten (10) feet above the highest point of the roof or ten (10) feet above the maximum height of the zoning district, whichever is lower.
      (2)   Tower-mounted small wind energy systems will have a maximum height of twenty (20) feet.
   (d)   Minimum Setbacks.
      (1)   Roof-mounted small wind energy systems must adhere to the minimum setbacks of the zoning district.
      (2)   Tower-mounted small wind energy systems must be set back from all property lines, overhead utility rights-of-way and easements, and other towers by a distance equal to or greater than the height of the windmill or tower.
   (e)   General Standards. The following requirements are applicable to all wind energy systems.
      (1)   Noise. A wind energy system must comply with the noise standards set forth in the Kent Codified Ordinances (KCO).
      (2)   Shadow Flicker. The application for a wind energy system must include a shadow flicker analysis demonstrating impact on adjacent and nearby residential properties. Wind energy systems must be constructed in locations that minimize the impacts of shadow flicker on residences.
      (3)   Lighting. No wind energy system will be artificially lighted unless required by the Federal Aviation Administration (FAA).
      (4)   Appearance, Color, and Finish. The wind energy system must be maintained in the color or finish that was originally applied by the manufacturer, unless otherwise approved in the building permit. All wind energy systems will be a single non-reflective, non-obtrusive, matte finished color (e.g., white or gray).
      (5)   Signs. The manufacturer or installer's identification sign, appropriate warnings signs, and an owner identification sign, are permitted. All other signs are prohibited.
      (6)   Electrical Wires. All electrical wires associated with a wind energy system, other than wires necessary to connect the wind generator to the tower wiring, the tower wiring to the disconnect junction box, and grounding wires, must be located underground.
      (7)   Compliance with Ohio Building Code, as amended. Building permit applications for wind energy systems must be accompanied by line drawings of the electrical components in sufficient detail to determine compliance.
      (8)   Construction Codes, Towers, and Interconnection Standards. Wind energy systems, including towers, must comply with all applicable state construction and electrical codes and local building permit requirements. Wind energy systems including towers, must comply with the FAA requirements, and other applicable local and state regulations. A wind energy system connected to the public utility electrical grid must comply with the Public Utilities Commission of Ohio and Federal Energy Regulatory Commission standards. Off-grid systems are exempt from this requirement.
      (9)   System Access. Small wind energy systems must be designed and installed such that step bolts, ladders, or other means of access readily accessible to the public are located at least eight (8) feet above grade level.
      (10)   Safety. A wind energy system must have an automatic braking, governing, or feathering system to prevent uncontrolled rotation or over speeding. All wind towers must have lightning protection. If a tower is supported by guy wires, the wires must be clearly visible to a height of at least six (6) feet above the guy wire anchors.
      (11)   Minimum Ground Clearance. The lowest extension of any blade or other exposed moving component of a wind energy system must:
         A.   Be at least twenty (20) feet above the surrounding grade at its highest point;
         B.   Within twenty (20) feet of the base of the tower; and
         C.   A minimum of twenty (20) feet above any outdoor surface intended for human use, such as balconies or roof gardens that are located below the wind energy system.
      (12)   Roof-Mounted Small Wind Energy Systems. Roof-mounted small wind energy systems must be limited to roof mounting and must not be mounted on any other building wall or surface.
      (13)   Removal. If a small wind energy system ceases to perform its intended function (generating electricity) for more than six (6) consecutive months or has been abandoned, the property owner must remove the wind energy system, electrical components, and all other associated facilities no later than ninety (90) days after the end of the six (6) month period. Where the removal has not been completed as required above, the violation is subject to enforcement under the provisions for civil offenses in accordance with Section 501.13 (KCO), as amended.
      (14)   Utility Connection. The applicant must submit evidence that the utility company has been informed of the customer's purpose to install an interconnected, customer-owned wind energy generator and that such connection has been approved. Off-grid systems are exempt from this requirement. (Ord. 2021-057. Passed 6-16-21.)