(a) Definitions. For purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) Wind Energy Conversion System or WECS: An electrical generating facility comprised of one or more wind turbines and accessory facilities, including but not limited to: power lines, transformers, substations and meteorological towers, that operate by converting the kinetic energy of wind into electrical energy. The energy may be used on-site or distributed into the electrical grid.
(2) Fall zone: An area defined as a distance of at least one hundred twenty-five percent (125%) of the total height of the total structure from any property line, occupied building, and public or private road or right-of-way.
(3) Property line: The boundary line of the area over which the entity applying for a conditional use permit has legal control for the purposes of installation of a Wind Energy Conversion System. This control may be attained by the applicant through fee title ownership, easement or other appropriate legal relationship.
(4) Rotor diameter: The diameter of the circle described by the moving rotor blades.
(5) Total height: The highest point, above ground level, reached by a rotor tip or any other part of the WECS.
(6) Tower: Towers include vertical structures that support the electrical generator, rotor blades, or meteorological equipment.
(7) Wind turbine: A wind turbine is any piece of electrical generating equipment that converts the kinetic energy of blowing wind into electrical energy through the use of airfoils or similar devices to capture the wind.
(b) Wind Energy Conversion Systems shall be a conditional use only in the M-1 and M-2 Districts, and shall require a conditional use permit and must meet all of the requirements specified in this section. Wind Energy Conversion Systems shall not be allowed in any residential district.
(c) In addition to the other requirements specified in the chapter, the following requirements must be met in order to apply for a conditional use permit for wind turbines.
(1) The application for conditional use shall include a scale site drawing showing the proposed location of all facilities to be constructed, the dimensions of the property, proposed heights, and the distance to all buildings and property lines.
(2) All towers shall be sited so as to provide a safe Fall Zone.
(3) The outermost tip of each moving rotor blade shall be at least thirty feet from ground level while at the lowest point in its rotation.
(4) Noise levels shall be less than 60 dBA at the nearest property line, unless the property where the wind turbine is proposed abuts a residential district, in which case the maximum noise level shall be 50 dBA at any property line abutting a residential district.
(5) All permanent wind turbine towers shall be self-supporting. No guy wires will be allowed on permanent structures.
(6) All towers shall have security features designed to prevent unauthorized persons from climbing the structure.
(7) All electrical wires leading to or from a wind turbine shall be buried underground. All connections to transmission lines and/or substations shall be buried underground.
(8) A color scheme of the tower and turbine assembly shall be submitted to the Planning Commission and shall be subject to the approval by the Planning Commission.
(9) Wind Energy Conversion Systems shall not be artificially lighted, except to the extent required by the FAA or other applicable authority.
(10) A shadow flicker study to determine any potential negative impact on surrounding properties shall be conducted prior to the Planning Commission hearing on the conditional use. The report shall be included in the conditional use application. The study shall be at the applicant’s expense, and shall be performed by a consultant approved by the Village Manager.
(11) A study to determine any possible interference with radio, television, or cellular telephone communication shall be conducted prior to a hearing on the application by the Planning Commission. The results shall be included in the conditional use application. The study shall be at the applicant’s expense, and shall be performed by consultant approved by the Village Manager.
(12) Any tower or structure associated with a WECS that remains unused for any reason for more than ninety days shall be dismantled and removed from the property no later than ninety days from the time use of the equipment has ceased. A plan for dismantling and removal of the equipment shall be included in the conditional use application.
(d) This section shall be reviewed annually by the Planning Commission to determine if any amendments should be recommended to Council.
(Ord. 2126. Passed 2-14-11.)