(a) Building Permit Required. Small wind energy conversion systems and met towers are an accessory use permitted in the GI zoning district where permitted structures are allowed. No small wind conversion energy system shall be erected, constructed, or installed without first receiving a building permit from the Building Commissioner. A building permit shall be required for any physical modification to an existing small wind conversion energy system. Towers that receive a building permit shall be permitted on a temporary basis not to exceed three years from the date the building permit was issued.
(b) Building Permit Application. An application for a building permit for the installation and use of a small wind conversion energy system submitted to the Planning Commission for consideration at a public hearing. The application shall contain a site plan with the following information:
(1) Property lines and physical dimensions of the applicant’s property;
(2) Location, dimensions, and types of existing major structures on the property;
(3) Location of the proposed small wind conversion energy system, foundations, guy anchors and associated equipment;
(4) Tower foundation blueprints or drawings;
(5) Tower blueprints or drawings;
(6) Setback requirements as outlined in this Zoning Code;
(7) The right-of-way of any public road that is contiguous with the property;
(8) Any overhead utility lines;
(9) Small wind conversion energy system specifications, including manufacturer, model, rotor diameter, tower height, tower type, nameplate generation capacity;
(10) Small wind conversion energy systems that will be connected to the applicable power grid shall include a copy of the application for interconnection with their electric utility provider;
(11) Sound level analysis prepared by the wind generator manufacturer or qualified engineer;
(12) Electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the Ohio Basic Building Code;
(13) Evidence of compliance or non-applicability with Federal Aviation Administration requirements; and
(14) List of names and addresses of abutting property owners to the applicant’s property.
(c) Public Hearing Procedure.
(1) Within sixty days of the receipt of the application to construct a small wind conversion energy system approval, the Planning Commission shall act on it by holding a public hearing pursuant to the procedure set forth in this Section 1123.03(f).
(2) Planning Commission action.
A. The Planning Commission shall hold a public hearing on the small wind conversion energy system application within sixty days after receipt of all required application information, and failure to act within such period shall be considered disapproval of the appeal, unless an extension of time is mutually agreed upon by both the City and the applicant.
B. The Planning Commission shall make a final determination on a small wind conversion energy system application request.
(3) Continuation of a Public Hearing. The Planning Commission may vote to continue a public hearing from time to time without making a final determination on the matter, and, if the time and place of the continued hearing is publicly announced at the time of the adjournment, no further notice shall be required.
(4) The Building Commissioner shall issue a building permit for the small wind conversion energy system following the public hearing based upon an affirmative vote by the Planning Commission that such proposed system satisfies the requirements of this chapter and all other applicable standards found within this Zoning Code.
(5) Conditions. The Planning Commission, as part of an affirmative vote, is authorized to attach reasonable conditions to a small wind conversion energy system application to meet the overall spirit and intent of the GI zoning district for which the system is proposed to be located, and to comply with the objectives of this Zoning Code, the Middleburg Heights Comprehensive Plan or any other relevant planning document.
(6) Appeals. Appeals of decisions made by the Planning Commission concerning this application may appeal any such action or decision to the Board of Zoning Appeals.
(Ord. 2022-24. Passed 5-24-22.)