1321.04 SITING AND DESIGN REQUIREMENTS.
   The following siting and design requirements apply to all Wind Energy Turbines existing pursuant to this chapter.
   (a)   Upwind Turbines: Upwind Turbines shall be required.
   (b)   Monopole Only: All Wind Energy Turbines shall be mounted on a monopole. Lattice towers, guy wires, structure-mounted turbines, or any other manner of turbine mounting shall not be permitted.
   (c)   Height:
      (1)   The total height of each Small Wind Energy Turbine shall not exceed one hundred twenty (120) feet.
      (2)   The total height of each Large Wind Energy Turbine shall not exceed one hundred fifty (150) feet.
   (d)   Ground Clearance: The lowest extension of any blade or other exposed moving component of a Wind Energy Turbine shall be at least fifteen (15) feet above the ground (at the highest point of the grade level within fifty (50) feet of the base of the tower) and, in addition, at least fifteen (15) feet above any outdoor surfaces intended for human use, such as balconies or roof gardens, that are located directly below the Wind Energy Turbine.
   (e)   Aesthetics: 
      (1)   Each Wind Energy Turbine, including accessory buildings and related structures, shall be a non-reflective, non-obtrusive color (e.g. white, gray, black). The appearance of the turbine, tower, and any ancillary facility shall be maintained throughout the life of the Wind Energy Turbine.
      (2)   Each Wind Energy Turbine shall not be artificially lighted, except to the extent required by the Federal Aviation Administration, Ohio Department of Transportation, or other applicable authority.
      (3)   Each Wind Energy Turbine shall not be used for displaying, advertising (including flags, streamers, or decorative items), except for identification of the turbine manufacturer.
      (4)   No other antennae or dishes or the like are permitted to be mounted or attached to a Wind Energy Turbine.
   (f)   Quantity: The permissible number of Wind Energy Turbines shall be determined based on Siting and Setback.
   (g)   Siting and Setback:
      (1)   Location: Each Wind Energy Turbine shall only be located in a rear yard of a property that has an occupied building.
      (2)   Occupied Building Setback: Each Wind Energy Turbine shall be set back from all occupied buildings on the applicant’s parcel a minimum of twenty (20) feet measured from the base of the tower.
      (3)   Property Line Setbacks: Each Wind Energy Turbine shall be set back from every neighboring property line a distance equal to 1.1 times the Total Height of the Wind Energy Turbine, determined at the nearest neighboring property line boundary. If a sufficient setback cannot be attained due to lot size limitations and proximity to neighboring property lines, the owner must procure a waiver signed and notarized by the adjoining property owner(s).
      (4)   Public Road Setbacks: Each Wind Energy Turbine shall be set back from the nearest public road a distance equal to 1.1 times the total height of the Wind Energy Turbine, determined at the nearest boundary of the underlying right-of-way for such public road, unless written permission is granted from the governmental entity with jurisdiction over the road.
      (5)   Communication and Electrical Lines: Each Wind Energy Turbine shall be set back from the nearest above-ground public electric power line or telephone line a distance equal to 1.1 times the total height of the Wind Energy Turbine, as measured from the base of the Tower, determined from the existing power line or telephone line, unless written permission is granted from the affected utility.
      (6)   Tower Separation: Wind Energy Turbine towers shall be separated based on industry standards and manufacturer recommendations.
   (h)   Maintenance: Each Wind Energy Turbine shall be maintained in good working order.
   (i)   Vibration: The Small Wind Farm shall not produce vibrations that are humanely perceptible beyond the property on which a Wind Energy Turbine is located.
   (j)   Noise: The Small Wind Farm shall not by its operation create any noise nuisance. Decibel levels for the project shall not exceed 50 decibels (dBA) measured at the closest neighboring inhabited dwelling, except during short-term events such as utility outages and severe windstorms.
   (k)   Communication Systems: The Small Wind Farm shall not interfere with communication systems such as, but not limited to, radio, telephone, television, satellite, or emergency communication systems.
   (l)   Shadow Flicker: Applicants shall ensure nearby buildings are not subjected to more than thirty (30) hours of Shadow Flicker per year as a result of a Large Wind Energy Turbine.
   (m)   Electrical System: All electrical controls, control wiring, grounding wires, power lines, and system components shall be placed underground within the boundary of each parcel upon which each Wind Energy Turbine is sited at a depth designed to accommodate the existing land use to the maximum extent practicable. Wires necessary to connect the wind generator to the tower wiring are exempt from this requirement.
   (n)   Grid-Interconnected: No grid-interconnected Small Wind Farm shall be installed until evidence has been given that the utility company has been informed in writing by the customer of his intent to install a grid-connected customer-owned generator. The customer must receive written approval from the utility company to be grid- interconnected. Off-grid systems shall be exempt from this requirement.
   (o)   Code Compliance: A Small Wind Farm shall comply with all applicable state construction and electrical codes.
   (p)   FAA Regulations: The Small Wind Farm shall comply with all applicable Federal Aviation Administration requirements, including Part 77 of Title 14 of the Code of Federal Aviation Regulations regarding installations close to airports.
      (Ord. 734. Passed 8-3-11.)