(a) No wind energy facility, or addition of a wind turbine to an existing wind energy facility, shall be constructed or located within the
City unless a conditional use permit has been issued by the Commission, pursuant to the requirements of Chapter 1161 and Section 1173.02, to the facility owner or operator approving construction of the facility for compliance with the applicable sections of this Chapter and the Code.
(c) Any physical modification to an existing conditionally permitted wind energy facility that materially alters the size, type and number of wind turbines or other equipment shall require conditional use approval by the Commission pursuant to Chapter 1161. Like-kind replacements as determined by the Building Commissioner shall not require review by the Planning Commission.
(d) Submission Requirements.
(1) An application for a Conditional Use Permit shall be on a form approved by the Director and shall contain 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, including an overview of the project; the project location; the approximate generating capacity of the wind energy facility; the approximate number, representative types and height or range of heights of wind turbines to be constructed, including their generating capacity, dimensions and respective manufacturers, 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.
F. Identification of the properties on which the proposed wind energy facility will be located, and the properties adjacent to where the wind energy facility will be located.
G. A site plan showing the planned location of each 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, and other information the Commission may require.
H. Documents related to decommissioning.
I. Other relevant studies, reports, certifications and approval as may be reasonably requested by the
City to ensure compliance with this Chapter and Code.
J. Any documents reasonably deemed necessary by the Director.
K. The fee as established pursuant to Section 1173.06.
(2) Upon receipt of an application for a Conditional Use Permit, the Director shall, within thirty (30) working days, make a preliminary review of the application to determine compliance with the requirements of paragraph (1) herein. If the Director determines that the application is not complete, the Director shall immediately notify the applicant; otherwise, the Director shall forward the application to the Commission for review at its next regularly scheduled meeting.
(3) Within sixty (60) days of a completeness determination, the Director 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 comment on the proposed project.
(4) Within one hundred and twenty (120) days of a completeness determination, or within forty-five (45) days after the close of any hearing, whichever is later, the Commission will make a determination whether to issue or deny the permit application.
(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 Commissioner.
(Ord. 73-08. Passed 9-2-2008.)