Wind projects as defined herein shall be permitted in all zoning districts within the City as a conditional use, subject to the following conditions:
(a) Wind projects of 5 MW or more shall be required to submit an application with the Ohio Power Siting Board (OPSB) and at the Public Utilities Commission of Ohio (PUCO), and shall be required to meet all OPSB regulations. Small wind projects consisting of one unit less than SMW and used solely for Agriculture will be exempt from zoning permit fees as an Agricultural Use.
(b) Maximum Height: The maximum heights of any turbine tower shall be determined by the size of the lot on which it is to be sited, however, no wind turbine shall exceed 125 feet. For the purposes of this chapter, the maximum height shall be considered to be the total height of the turbine system, including the tower and the maximum height of the turbine's blades. Maximum height shall therefore be calculated by measuring the length of the blade at maximum vertical rotation to the top surface of the ground.
(c) Setbacks: Any turbine tower erected on a parcel ofland shall have a set back of 1.1 times the height of the tower, or established clear fall zone, from all road right of way lines and all neighboring property lines and any other buildings or encumbrances. A turbine will need to be erected and placed in such a manner that if it were to fall, whatever direction the fall occurs would be contained solely on the property where the turbine is located, and would not strike any structures including the primary dwelling, and accessory buildings or uses. Siting a turbine tower in front of the primary structure will require an appeal to the Planning and Zoning Commission.
(d) Maintenance: Wind turbines shall be maintained in good working order. The current turbine tower owner or property owner shall, within 30 days of permanently ceasing operation of a wind turbine, provide written notice of abandonment to the City Planning and Commission. An unused wind turbine may stand no longer than 6 months following abandonment. All costs associated with the demolition of any wind turbine and associated equipment shall be borne by the current wind turbine owner or current property owner. A wind turbine is considered to be abandoned when it ceases transmission of electricity for 30 consecutive days. Wind turbine towers/small wind projects that become inoperable for more than 6 months must be removed by the current wind turbine owner or current property owner within 30 days of the issuance of a zoning violation. Removal includes the removal of all apparatuses, supports, and/ or other hardware associated with the existing wind turbine tower or other small wind project.
(e) Decibel Levels: Decibel levels shall not exceed 60 dBA as measured at the closest neighboring inhabited dwelling. Any and all noise complaints shall be civil matters between the property owners, and shall be handled through the civil court system.
(f) Wiring and Electrical Apparatuses: All wires and electrical apparatuses associated with the operation of the wind turbine unit shall meet all applicable local, state and federal codes, including the County Building Regulations and Residential Building Code of Ohio.
(g) Fencing: The wind turbine shall be fenced with a minimum 6 feet and maximum 10 feet in height fence, in such a manner as to prevent unauthorized persons from having access to the structure and equipment.
(h) Warning Signs: Appropriate warning signs to address voltage and trespassing issues shall be posted in a visible location on the fence surrounding the turbine tower and shall conform to all existing sign requirements. Signage shall also display current emergency contact numbers.
(i) Other Signage: Other signage than that described in "G" above, including advertising on the wind turbine tower or surrounding fence is strictly prohibited.
(j) Lighting: The only permitted lighting on a wind turbine tower is that required by the Federal Aviation Association(FAA) and the Federal Communications Commission (FCC).
(k) Building Permits: All small wind projects and parts thereof shall obtain all applicable building permits from the State of Ohio and County Building Regulations where required.
(l) Only mono-pole towers shall be permitted as conditional uses.
(m) Zoning Permits: A permit shall be required before construction can commence on an individual wind project system, including wind turbine towers. As part of the permit process, the applicant shall consult with the County Building Inspector as to whether additional height restrictions or other regulations are applicable due to the unit's location in relation to any local airports. Applicant shall then provide the Planning and Zoning Commission with the following items and/ or information when applying for a permit:
(1) The total size of the unit
(2) If applicable, the total size and depth of the unit's foundation structure as well as soil and bedrock: data.
(3) A list and or depiction of all safety measures that will be on the unit, including anti-climb devices, grounding devices, and lightning protection, braking systems, guy wiring, anchors, warning signs and any necessary FAA and/ or FCC lighting.
(4) Data specifying the kilowatt size and generating capacity in kilowatts of the particular unit.
(5) A hazardous materials disposal plan.
(6) The maximum decibel level of the particular unit. This information shall be obtained from the unit's manufacturer.
(7) A site drawing showing the location of the unit in relation to existing structures on the property, roads and other public rights of way, and neighboring property lines.
(8) Evidence of an established setback of 1.1 times the height of the unit and clear fall zone.
(9) A maintenance schedule as well a dismantling plan that outlines how the unit will be dismantled shall be required as part of the permit application and permit.
(10) Verification from the County Building Inspector that no additional regulations apply to the wind project.
(11) Utility company documentation as to what will happen to any excess power that may be generated.
(12) Documentation that addresses ice throw, with engineering data that the setbacks and/ or composition of the rotors will be sufficient to prevent damage from ice throw from the blades.
(13) Total size and depth of the concrete mounting pad, and any other required specifications for the turbine, its tower, base and other parts.
(14) The turbine, including prop blades, turbine, cowling, tower, etc. shall remain in the color provided by the manufacturer, in a non reflective neutral such as white or gray. Any logos or identification marks other than those of the manufacturer and model type are strictly prohibited.
(n) Utility companies regulate the types of turbines that can be installed into their grids, and limit 300 kw hours on 3 phase grids and 25 kw hours on 1 phase grids.
(Ord. 2011-03. Passed 3-21-11.)