(B) Any wind energy conversion system proposed to be established in any zoning district classification other than agricultural or residential shall be treated as a public service under § 154.118 below.
(C) Prior to initiating construction, all wind energy conversion systems shall first obtain a building and zoning permit in accordance with the Unincorporated Lake County Building Code, as amended. The building and zoning permit may be issued only after compliance with this section is exhibited.
(D) Depending on the specific zoning district classification, a SWECS is permitted as an accessory use in all residential and agricultural zoning districts either by right or by special exception. The following regulations apply to all SWECS in both instances:
(1) Height. The maximum height of any SWECS tower and generator blades shall not exceed 100 feet measured from ground level to the tip of any wind generator blade, rotor, or vane when it is at its highest point or extension. Further, the minimum distance between the ground and the wind generator blade, rotor, or vane shall be 15 feet measured at the lowest point of the arc of the blade, rotor, or vane;
(2) Setbacks. The maximum height of any SWECS tower and generator blade measured from ground level to the tip of any wind generator blade at its highest point as described in division (D)(1) above shall establish the required setback for any SWECS tower and generator blades from any property line. In other words, if the maximum height of and SWECS tower and associated generator blade at its highest point is 100 feet, then a setback from all property lines shall be a minimum of 100 feet. In any case, all minimum setbacks, for any SWECS or supporting structures such as guy wires, including the front, side, and rear yards as described in other sections of this section shall be maintained for the zoning district in which the system is located;
(3) Roof mounted SWECS. The maximum allowable height for a roof mounted SWECS shall be measured from the highest point of the roof to the tip of any wind generator blade, rotor, or vein when at its highest point or extension and shall be no more than 20 feet above the maximum allowable building height of the zoning district classification. The roof mounted SWECS shall be installed using accepted engineering practices and principles and be in conformity with all other laws, ordinances, and codes.
(4) Sound level or noise. A SWECS shall not exceed 60 decibels (dB) measured at the closest property line, except during short-term events such as severe wind storms or utility outages;
(5) Shadow flicker. Shadow flicker is the visible flicker effect when rotating blades of a wind generator cast shadows on the ground and nearby structures causing a repeating pattern of light and shadow. SWECS shall be sited in a manner that does not result in significant shadow flicker impacts. Significant shadow flicker is defined as more than 30 hours per year on abutting occupied buildings. The applicant for any SWECS has the burden of proving that any shadow flicker will not have significant adverse impact on neighboring or adjacent occupied buildings;
(6) Signage. No signs, advertising devices, flag streamers, decorative items, or any graphic representation that may be construed as advertising may be placed on any portion of any SWECS. Except that, at least one sign shall be posted on the gate or entry-point to the SWECS warning of potential electrical shock or high voltage.
(7) Visual impacts. It is inherent that SWECS may pose some visual impacts due to the tower height needed to access wind resources. The purpose of this division is to reduce the visual impacts without restricting the owner's access to the optimal wind resources on the property:
(a) Any applicant for a SWECS shall demonstrate by development plan approval in the case of a special exception or by project site planning in the case of approval by right in Agricultural or Rural Residential Zoning Districts that the SWECS's visual impacts will be minimized for surrounding neighbors and the community. This may include information regarding site selection, wind generator design or appearance, buffering, and screening of ground-mounted electrical and control equipment. All electrical conduits shall be underground in accordance with applicable codes;
(b) No SWECS shall be artificially lighted, unless required by the Federal Aviation Administration (FAA) or appropriate authority. If lighting is required, the applicant shall provide a copy of the FAA determination to establish the required markings or lights for the SWECS;
(c) The color of the SWECS shall be either the stock color from the manufacturer or painted with a non-reflective, unobtrusive color that blends in with the surrounding environment. Approved colors include white, off-white, earth-tone, or gray;
(d) Location of any SWECS in any front yard of any property is prohibited.
(8) Signal disturbance. Any SWECS shall be constructed to prevent any emissions that would interfere with radio, television, wireless communication, police, fire, emergency transmissions, and the like. Upon complaint of any signal disturbance, the operation of the SWECS shall cease. The owner or occupant of the property maintaining the SWECS shall immediately correct any signal disturbance problem that has been identified before the operation of the SWECS may resume;
(9) Other laws, codes, ordinances. Any SWECS shall comply with all federal, state, and local laws, including the Federal Aviation Administration regulations. The burden of proof for compliance of these regulations is on the owner or applicant for any such SWECS;
(10) Access and fencing. Any SWECS or supporting structures shall be enclosed by a chain-link fence six feet in height in conjunction with § 154.039 above to prevent climbing, entry, or access. Further no fenced enclosure shall be greater than twenty feet in length and width (20 feet by 20 feet);
(11) Abandonment. A SWECS that is out of service for a continuous 18-month period will be deemed to have been abandoned and must immediately be removed in its entirety to the existing ground level by the property owner and the area that contained the SWECS shall be made to appear as vacant undisturbed ground. Full disclosure of any below-grade improvements, such as the footings, foundation, electrical wiring or conduit, or any other items that remain after removal of the abandoned SWECS, shall be made upon any transfer, lease, or sale of the property on which the SWECS was constructed.
(Ord. 2313, passed 9-14-2010)