(a) Intent. The village intends to:
(1) Regulate the placement, construction and modification of alternative energy systems throughout the village to protect and promote the economic vitality of the village and to protect property values.
(2) Minimize the visual impacts of alternative energy systems through careful design siting and landscape screening.
(3) Accommodate the growing need for alternative energy systems.
(4) Avoid potential damage to adjacent properties from small wind turbines failure through engineering and careful siting of tower structures.
(5) To the greatest extent feasible, provide that proposed alternative energy systems shall be designed in harmony with the natural setting and the surrounding development pattern as well as to the highest industry standards.
(6) Establish criteria designed to minimize adverse health, safety, public welfare and visual impacts through siting, design and construction and buffering requirements.
(b) Permitted and conditional uses. The following alternative energy systems are either permitted or conditional within any district in the village for use by the owner of the subject property on which they are located.
(1) Subject to the approval of the Planning Commission, small wind turbines are permitted as a conditional use in all zoning districts, contingent on a number of criteria being met.
(2) Solar panels may require a conditional use permit pursuant to Section 1274.07(h)(1).
(3) Alternative energy systems placed in interstate ROW are exempt from this chapter.
(c) Definitions.
(1) The following definitions pertain generally to alternative energy systems.
A. ALTERNATIVE ENERGY SYSTEM. Any energy system using renewable, non-fossil fuels to generate power, including but not limited to solar, geothermal, and wind.
B. GENERATION OF POWER FOR COMMERCIAL PURPOSES. The generation of more than twice as much energy as used annually by the subject property upon which an alternative energy system is installed.
C. NON-RESIDENTIAL ALTERNATIVE ENERGY SYSTEM. An alternative energy system which is an accessory use to a lawful non-residential use in any zoning district.
D. OWNER. The record owner of the real property upon which an alternative energy system is installed or maintained.
E. RESIDENTIAL ALTERNATIVE ENERGY SYSTEM. An alternative energy system that is an accessory use to a lawful residential use in any zoning district.
(2) The following definitions pertain to the general installation of small wind turbines.
A.
HUB HEIGHT. The distance measured from the surface of the tower foundation to the height of the wind turbine hub, to which the blade is attached.
B.
LOT. A distinct permanent parcel, identified as such by permanent parcel number upon the public record.
C. MONOPOLE. A support structure, erected for small wind turbines purposes, constructed of a self-supporting hollow metal tube securely anchored to a foundation.
D. SMALL WIND ENERGY SYSTEM. A wind energy conversion system consisting of a turbine, a tower, and associated control or conversion electronics, which has a capacity of not more than ten kW and which is intended to primarily reduce consumption of utility power.
E. TOWER HEIGHT. The vertical component of a wind energy system that elevates the wind turbine generator and attached blades above the ground. Tower height shall be measured to the turbine mounting point.
(3) The following definitions pertain to the general installation of solar panels.
A. SOLAR CELL. A semiconductor device that converts the energy of sunlight into electric energy.
B. SOLAR ENERGY SYSTEM. A system designed and used to obtain energy from the sun in order to supply energy to a principal use or structure located on the same lot as the system. A solar energy system may include, but is not limited to: solar hot water or air heating; photovoltaic systems; a solar panel; array of solar panels; solar panel mounting structures including footing and rail assemblies; plumbing and wiring associated with solar panels, inverters, meters, controllers; and solar energy system batteries.
C.
SOLAR PANEL. A group of connected solar cells. A solar panel may include, but is not limited to: a solarphotovoltaic panel for electricity generation or a solar panel for water heating.
(d) General requirements for wind turbine systems. The following requirements apply to all small wind turbines regardless of the zoning district in which they are to be located:
(1) When the proposed small wind turbine is to include a new tower, a plot plan at a scale of not less than one inch is equal to 100 feet shall be submitted as a part of the application for Planning Commission approval. This plot plan shall include the tower height, type of materials, the name of the tower manufacturer, a soil investigation (where required for footing design), a listing of the type and location of cables or other appurtenances which will be installed at the time the tower is erected, all lot lines, all structures and all uses within 300 feet of the proposed wind turbine.
(2) The name, address, and telephone number of the applicant.
(3) The address and zoning district of the subject property.
(4) 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.
(5) Other relevant studies, reports, certifications and approval as may be reasonably requested by the village to ensure compliance with this chapter and Zoning Code.
(e) Wind turbine systems - use regulations. A small wind energy system is permitted as the sole use on a lot subject to the following:
(1) Minimum yard requirements in all permitted districts.
A. Setbacks for ground-mounted wind turbines.
1. Non-Residential. With respect to proximity to the boundaries of parcels within any non-residential district, a ground-mounted wind turbine shall be set back from all property lines, street right-of-way lines, and overhead utility lines a minimum distance equal to 1.1 times the height of the wind turbine. Turbine setbacks shall be measured from the center of the wind turbine base. With respect to an overhead utility line that provides service only to a single building or a single parcel of land, the setback requirement shall be met if the turbine is placed so that no portion of a rotor blade extends closer than five feet to the utility line.
2. Residential. With respect to proximity to the boundaries of parcels within a Residential District, a wind turbine shall be set back from the property line a minimum distance equal to two times the height of the wind turbine. In the case of a wind turbine that does not exceed 35 feet in height and is located in a Residential District, the wind turbine shall be set back at least 15 feet from all property lines, and no portion of a rotor blade shall extend closer than five feet to any lot line.
B. The height of a ground-mounted wind turbine shall be limited by the setback requirements of this section. The height of a rooftop or other building-mounted wind turbine shall not exceed the maximum permitted building height for the property by more than 20 cent. For a rooftop or other building-mounted wind turbine that exceeds the maximum permitted building height by more than 20 percent the Village Planning Commission, after a public hearing, may approve a greater height if the Commission determines that the placement of the turbine and context of the turbine site will mitigate any significant negative visual or safety impacts on nearby properties.
C. Small wind energy systems shall not exceed 45 decibels, as measured at the closest neighboring inhabited dwelling. The level, however, may be exceeded during short-term events such as utility outages and/or severe windstorms.
D. Wall wind energy systems shall be equipped with manual (electronic or mechanical) and automatic over speed controls to limit the blade rotation speed to within the design limits of the wind energy system.
E. Small wind energy systems shall be accompanied by a line drawing showing the electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the National Electrical Code.
F. A capacity of not more than ten kilowatts maximum power.
G. No small wind energy system shall be installed until evidence has been given that the utility company has been informed of the customer's intent to install an interconnected customer owned generator. Off-grid systems shall be exempt from this requirement.
(f) Conditional use permit for wind turbine systems.
(1) Building permit required. No wind energy facility, or addition of a wind turbine to an existing wind energy facility, shall be constructed or located within the village unless the Village Planning Commission has approved a conditional use permit and the Code Enforcement Officer, pursuant to the requirements of Chapter 1244, has issued a building permit.
(2) 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 Planning Commission pursuant to Chapter 1280. Like-kind replacements as determined by the Code Enforcement Officer shall not require review by the Planning Commission.
(g) Climb prevention/locks on wind turbine systems.
(1) Wind turbines shall not be climbable up to 15 feet above ground surface
(2) All access doors to wind turbines and electrical equipment shall be locked or fenced, as appropriate, to prevent entry by non-authorized persons.
(h) Solar panels.
(1) Generally.
A. Solar panels on a principal or accessory structure do not require conditional use approval. Solar panels mounted on principal or accessory structures are considered to be appurtenances and subject to applicable code restrictions in each zoning district. The amount of solar panels that may be installed may be no more than necessary to serve the needs of the structures located on the parcel.
1. Solar panels on principal or accessory structures in Residential Districts. If the solar panels are within a Residential District, they must be attached to a principal or accessory building, must be installed parallel to the roof slope to which they are attached, and project no more than 12 inchesfrom the roof surface. If an applicant wishes to install solar panels within a Residential District contrary to these requirements, a variance is required. No variance shall be available to locate a solar panel on a residential lot, in a Residential District, as a free-standing solar panel.
2. Solar panels on a principal or accessory structure in Non-Residential Districts. If the solar panels are within a Non-Residential District, they must be attached to a principal or accessory building, must be installed parallel to the roof slope, and project no more than 12 inches from the roof surface. If an applicant wishes to install solar panels within a Non-Residential District contrary to these requirements, a variance is required. For requests related to a free-standing solar panel shall be subject to the conditional use requirements found below.
B. Location with conditional use. Conditional use approval is required in accordance with Chapter 1280 when the solar panel conversion system is a stand-alone facility. Free-standing solar panels are defined as solar panels which are located anywhere on a lot except on a principal or accessory structure. Free-standing 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. Free-standing solar panels are conditional uses in all Residential and Non-Residential Districts, as further limited by divisions (h)(1)B.1. and (h)(2), below.
1. Additional location requirements.
a. Solar panels must be located on a principal or accessory structure of residential uses in Residential Districts. The placement of free-standing solar panels on a lot that is a residential use in a Residential District is prohibited.
b. Free-standing solar panels for any non-commercial use in a Residential District are subject to conditional use approval.
c. Free-standing solar panels for any use in a Non-Residential District are subject to conditional use approval.
(2) Mounting requirements. Solar panels must be installed in accordance with the manufacturer's design and operation standards as well as all county, state, and federal guidelines.
(i) Visual appearance of alternative energy systems.
(1) Alternative energy systems shall appear before the Planning Commission for review and approval.
(2) Wind turbines shall be a non-obtrusive color such as white, off-white or gray.
(3) Wind energy facilities shall not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety.
(4) On-site transmission and power lines between alternative energy systems shall, to the maximum extent practicable, be placed underground.
(j) Exemptions for alternative energy systems located on village-owned property.
(1) Notwithstanding any other provision of this chapter, any small wind energy system or solar panel located on property owned by the village may be exempted from any provision of this chapter (except those provisions relating to permit and inspection fees), provided that any proposal for such a system will be reviewed by the Planning Commission, which may recommend exemption from such sections of this chapter as are deemed practicable by the Commission, and further provided that Council may determine on a case-by-case basis whether to grant such an exemption.
(2) In granting or denying any exemption hereunder, Council shall consider the recommendation of the Planning Commission, if any, but is not bound by said recommendation.
(3) Notwithstanding any provision contained in this section to the contrary, Council may initiate and approve an exemption from any provision of this chapter (except those pertaining to permit and inspection fees) for any small wind turbine systems or solar panels to be located on village property without prior recommendation of the Planning Commission.
(k) Dismantling and removal of alternative energy systems. If the property upon which a small wind turbine facility or solar panel is located, sold or otherwise transferred, or the wind turbine or solar panel structure is in any way abandoned or neglected or becomes dilapidated, the seller or conveyor of such premises shall cause the facility to be dismantled completely, including all support structures and appurtenances, and removed from the property. However, if the purchase contract or other means of conveyance provides specifically for the wind turbine facility or solar panel to remain in place for use by the successive possessor of the property, then this section shall not apply.
(l) Variances. The Board of Zoning Appeals may vary or permit exceptions to any of the provisions of this chapter if it finds that such variance or exception will not violate the spirit or intent of this chapter and that a more harmonious and useful development will result.
(Ord. 2012-20, passed 4-17-2012; Am. Ord. 2022-51, passed 11-21-2022; Am. Ord. 2023-39, passed 7-24-2023)