(A) Small wind turbines.
(1) Intent. It is the purpose of this regulation to promote the safe, effective, and efficient use of small wind energy systems installed to reduce the on-site consumption of utility supplied electricity.
(2) Permitted - all zoning districts. Small wind energy systems shall be a permitted use in all zoning districts subject to certain requirements as set forth in this section.
(3) Required yards.
(a) Minimum setback from the property line. All turbine towers shall be set back from any property line a distance equal to at least 80% of the height of the tower.
(b) Proximity to residential structures. Small wind energy systems shall not be placed closer to any residential structure than the height of the tower, or 25 feet, whichever is greater. Roof mounting is permitted.
(c) Front yard prohibition. Small wind energy systems are not permitted in required front yards.
(d) Setback. No part of the wind system structure, including guy wire anchors, may extend closer than ten feet to the property boundaries.
(4) Tower height by zoning district.
DISTRICT | MAXIMUM HEIGHT |
I-1, I-2 | No limit |
(5) Approved turbines - all districts.
(a) Only wind turbines that have been certified by the Small Wind Certification Council will be permitted in the village. In early 2010 the Small Wind Certification Council (SWCC), an independent certification body, will begin certifying small wind turbines that meet or exceed the performance, durability, and safety requirements of the Small Wind Turbine Performance and Safety Standard. This certification will provide a common North American standard for reporting turbine energy and sound performance and help small wind technology gain mainstream acceptance.
(b) The SWCC will issue certified turbines with easy-to-understand labels for SWCC Rated Annual Energy Output, SWCC Rated Power, and SWCC Rated Sound Level. The label will also confirm the turbine meets durability and safety requirements. SWCC's web directory will include Power Curves, Annual Energy Performance Curves, and measure sound pressure levels for each model certified. For more information see the SWCC Web site at www.smallwindcertification.org. As of 8/27/2021 additional guidance / changes from pending legal outcome of recent review at county level regional planning.
(6) Compliance with Uniform Building Code. Zoning permit applications for small wind turbines shall be accompanied by standard drawings of the wind turbine structure, including the tower, base, and footings. An engineering analysis of the tower showing compliance with the Uniform Building Code and certified by a licensed professional engineer shall also be submitted. This analysis is typically supplied by the manufacturer. Original drawings are not required.
(7) Compliance with FAA regulations. Small wind turbines must comply with applicable FAA regulations, including any necessary approvals for installations close to the airport.
(8) Utility notification. Zoning permit applications for small wind turbines will not be considered without evidence that the utility company has been informed of the applicant's intent to install an interconnected customer-owned generator. If the generator is not proposed to tie into the electrical grid, the applicant must submit an affidavit with the application which states the intent to erect a free-standing, off-grid system.
(B) Signs on towers. Signs are not permitted on towers other than those related to safety.
(C) Solar power - photovoltaic (PV).
(1) Defined.
(a) Accessory solar energy systems are smaller systems that are commonly found as an accessory use to a residential or commercial use. Their purpose is mainly to add electricity to the site, but often generate extra for re-sale to the electric grid on which the site is located.
(b) Principal solar energy systems are larger, more commercialized industry of photovoltaic installations. These large solar energy production facilities exist primarily for the production of electricity for the resale onto the electric grid.
(2) Permitted zoning districts.
(a) Accessory solar energy systems - All districts.
(b) Principal solar energy systems - I-1, I-2.
(3) Accessory solar energy systems; design and installation.
(a) Code compliance.
1. The solar energy system shall comply with all applicable Ohio building and construction codes.
2. Conformance with industry standards. The design and installation of accessory solar energy systems shall conform to applicable industry standards, including those of the American National Standards Institute (ANSI), Underwriters Laboratories (UL), the American Society for Testing and Materials (ASTM), or other similar certifying organizations, and shall comply with the Ohio Building Code and with all other applicable fire and life safety requirements.
3. Manufacturer Specs. The manufacturer specifications shall be submitted as part of the application.
(b) Site requirements.
1. Buried lines. All exterior electrical and/or plumbing lines must be buried below the surface of the ground and be placed in a conduit.
2. Building mounted. Whenever practical, all accessory solar energy systems shall be attached to a building or located on an impervious surface. If not designed to be attached to the building, the applicant shall demonstrate by credible evidence that such systems cannot feasibly be attached to a building due to structural imitations of the building.
3. Glare control. Accessory solar energy systems shall be designed and located in order to prevent reflective glare toward any inhabited structure on adjacent properties as well as adjacent street rights-of-way.
4. Yard requirements. No portion of an accessory solar energy system shall be located within or above any front yard, along any street frontage, nor within any required setback of any property.
5. Height restrictions. Active solar energy systems must meet the following requirements:
a. Building- or roof-mounted. Solar energy systems shall not exceed the maximum allowed height in any zoning district. For purposes for the height measurement, solar energy systems other than building-integrated systems shall be considered to be mechanical devices and are restricted consistent with other building-mounted mechanical devices.
b. Ground- or pole-mounted solar energy systems. Shall not exceed the minimum accessory structure height within the underlying district.
6. Setback. Active solar energy systems must meet the accessory structure setback for the zoning district and primary land use associated with the lot on which the system is located.
a. Roof-mounted. In addition to the building setback, the collector surface and mounting devices for roof-mounted solar energy systems shall not extend beyond the exterior perimeter of the building on which the system is mounted or built. Exterior piping for solar hot water systems shall be allowed to extend beyond the perimeter of the building on a side yard exposure.
b. Ground-mounted. Ground mounted solar energy systems may not extend into the side-yard or rear setback when oriented at minimum design tilt.
(4) Plan approval required. All solar energy systems shall require administrative plan approval by the Planning Commission and Village Council.
(5) Plan applications. Plan applications for solar energy systems shall be accompanied by to-scale horizontal and vertical (elevation) drawings. The drawings must show the location of the system on the building or on the property for a ground-mount system, including the property lines. Applicants must use an installer who is on the Ohio Public Utilities Commission approved list.
(a) Pitched roof mounted solar energy systems. For all roof-mounted systems other than a flat roof the elevation must show the highest finished slope of the solar collector and the slope of the finished roof surface on which it is mounted.
(b) Flat roof mounted solar energy systems. For flat roof applications a drawing shall be submitted showing the distance to the roof edge and any parapets on the building and shall identify the height of the building on the street frontage side, the shortest distance of the system from the street frontage edge of the building, and the highest finished height of the solar collector above the finished surface of the roof.
(c) Plan approvals. Applications that meet the design requirements of this zoning code, and do not require a conditional use permit, shall be granted administrative approval by the Planning Commission and require Village Council approval. Plan approval does not indicate compliance with the Ohio Building Code or Electric Code.
(d) Utility notification. The owner of the small solar energy system shall provide written authorization that the public utility company has been informed of the customer's intent to install an interconnected customer-owned generator and also approves of such connection. Off-grid systems shall be exempt from this requirement.
(6) Principal solar energy systems; design and installation.
(a) Underground utilities. All on-site utility and transmission lines shall, to the extent feasible, be placed underground.
(b) Avoid reflective glare. All large solar energy production facilities shall be designed and located in order to prevent reflective glare toward any inhabited buildings on adjacent properties as well as adjacent street rights-of-way.
(c) Site design.
1. Signage. A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations.
2. Proximity to airports. The proposed solar energy project is not located adjacent to, or within, the control zone of any airport.
3. Building mounted. Whenever practical, all principal solar energy systems should be attached to a building; or if ground mounted and/or freestanding, the applicant shall demonstrate by credible evidence that:
a. The area proposed for the principal solar energy system does not predominantly consist of Class I, II and/or III soils, as identified in the soil survey, and is generally unsuitable for agricultural purposes; and such facilities cannot feasibly be attached to a building due to structural limitations of the building;
b. All mechanical equipment of principal solar energy systems including any structure for batteries or storage cells, shall be completely enclosed by a minimum eight-foot high fence with a self-locking gate, and provided with screening in accordance with the landscaping provisions of the municipal subdivision and land development ordinance.
4. Use of public roads. The applicant has secured, or can secure, all necessary approvals from the local government or the State Highway Division of access points for project roads and parking areas at the project site.
a. Liability insurance. There shall be maintained a current general liability policy covering bodily injury and property damage with limits of at least $1 million per occurrence and $1 million in the aggregate.
b. Decommissioning. The applicant agrees to the following as conditions of the land use permit:
i. If the applicant ceases operation of the energy project or begins, but does not complete, construction of the project, the applicant shall restore the site according to a plan approved by the Village Planning Commission.
ii. The large solar energy production facility owner is required to notify the village immediately upon cessation or abandonment of the operation. The owner shall be responsible for the removal of the facility within six months from the date the applicant ceases use of the facility or the facility becomes obsolete. The owner shall then have 12 months in which to dismantle and remove the large solar energy production facility from the property.
iii. At the time of issuance of the permit for the construction of the large solar energy production facility, the owner shall provide financial security in form and amount acceptable to the village to secure the expense of dismantling and removing said structures.
(Ord. O-2019-24, passed 9-9-2019)