1292.05 PERMITTED USES.
   (a)   Small structure-mounted wind energy turbine (SSMWET) and small tower mounted wind energy turbine (STMWET) shall be considered a permitted accessory use in all zoning districts, which shall not be erected, constructed, installed, or modified as provided in this Chapter unless a building permit has been issued to the owner(s) and/or operator(s).
   (b)   An application for a SSMWET or STMWET permit shall contain the following information:
      (1)   Name of property owner(s), address, and parcel number.
      (2)   A site plan shall include maps (drawn to scale) showing the proposed location of all components and ancillary equipment of the SSMWET or STMWET, property lines, physical dimensions of the property, existing building(s), setback lines, right-of-way lines, public easements, overhead utility lines, sidewalks, non-motorized pathways, roads and contours. The site plan must also include adjoining properties as well as the location and use of all structures.
      (3)   The proposed type and height of the SSMWET or STMWET to be constructed including the manufacturer and model, product specifications including maximum noise output (measured in decibels), total rated generating capacity, dimensions, rotor diameter, and a description of ancillary facilities.
      (4)   Documented compliance with the noise requirements set forth in this Chapter.
      (5)   Documented compliance with applicable local, state and federal regulations including, but not limited to, all applicable safety, construction, environmental, electrical, communications, and FAA requirements.
      (6)   Proof of applicant's liability insurance pursuant to Section 1292.15.
      (7)   Evidence that the utility company has been informed of the customer's intent to install an interconnected, customer-owned generator and that such connection has been approved. Off-grid systems shall be exempt from this requirement.
      (8)   Other relevant information as may be reasonably requested.
      (9)   Signature of the applicant.
      (10)   The applications shall also include the total proposed number of SSMWETs or STMWETs.
      (11)   The application shall also include a description of the methods that will be used to perform maintenance on the STMWET or SSMWET and the procedures for lowering or removing the STMWET or SSMWET in order to conduct maintenance.
   (c)   All small structure mounted wind energy turbines (SSMWET) and small tower mounted wind energy turbines (STMWET) are subject to the following minimum requirements:
      (1)   Siting and Design Requirements:
         A.   Upwind turbines shall be required.
         B.   Visual Appearance; A SSMWET or STMWET, including accessory buildings and related structures shall comply with Section 1292.07.
         C.   Ground Clearance. The lowest extension of any blade or other exposed moving component of a SSMWET or STMWET shall be at least 15 feet above the ground (at the highest point of the natural grade within 30 feet of the base of the tower) and, in addition at least 15 feet above any outdoor surfaces intended for human use, such as balconies or roof gardens, that are located directly below the SSMWET or STMWET.
         D.   Noise. Noise emanating from the operation of a SSMWET or STMWET shall not exceed, at any time, the limits set forth by Chapter 634 and Section 1278.09 in the North Royalton Codified Ordinances "Noise Control".
         E.   Vibration. Vibrations shall not be produced which are humanly perceptible beyond the property on which a SSMWET or STMWET is located.
         F.   Guy Wires. Guy wires shall not be permitted as part of the SSMWET or STMWET.
         G.   In addition to the siting and design requirements listed previously, the SSMWET shall also be subject to the following:
            1.   Height. The height of a SSMWET shall not exceed five feet as measured from the highest point of the roof, excluding chimneys, antennae and other similar protuberances.
            2.   Setback. The setback of the SSMWET shall be a minimum of 15 feet from the property line, public right-of-way, public easement, or overhead utility lines if mounted directly on a roof or other elevated surface of a structure. If the SSMWET is affixed by any extension to the side, roof, or other elevated surface, then the setback from the property line or public right-of-way shall be a minimum of 15 feet. The setback shall be measured from the furthest outward extension of all moving parts and shall further comply with all setback, height, area and yard requirements set forth in Sections 1270.04 and 1270.05.
            3.   Separation. If more than one SSMWET is installed, a distance equal to the height of the highest SSMWET must be maintained between the base of each SSMWET.
            4.   Comply with any clear fall zones as determined by the Building Commissioner.
         H.   In addition to the siting and design requirements listed previously, the STMWET shall also be subject to the following:
            1.   Height. The total height of a STMWET shall not exceed 40 feet.
            2.   Location. The STMWET shall be located in a rear yard of a property.
            3.   Occupied Building Setback. The setback from all occupied buildings on the applicant's parcel shall be a minimum of 20 feet measured from the base of the Tower or 1.1 times the turbine height, whichever is greater and further shall comply with all setback requirements and area and yard requirements set forth in 1270.04 and 1270.05.
            4.   Other Setbacks. The setback shall be equal to 1.1 times the total height of the STMWET, as measured from the base of the tower, from the property line, public right-of-way, public easement, or overhead public utility lines.
            5.   Separation. If more than one STMWET is installed, a distance equal to the height of the highest STMWET must be maintained between the base of each STMWET.
            6.   Comply with any clear fall zone requirements as determined by the Building Commissioner.
         I.   Safety Requirements.
            1.   If the SSMWET or STMWET is connected to a public utility system for net-metering purposes, it shall meet the requirements for interconnection and operation as set forth in the public utility's then-current service regulations meeting federal, state, and industry standards applicable to wind power generation facilities, and the connection shall be inspected by the appropriate public utility.
            2.   The SSMWET or STMWET shall be equipped with an automatic braking, governing or feathering system to prevent uncontrolled rotation, over-speeding, and excessive pressure on the tower structure, rotor blades and other wind energy components unless the manufacturer certifies that a braking system is not necessary.
            3.   A clearly visible warning sign regarding voltage shall be placed at the base of the SSMWET or STMWET.
            4.   The structural integrity of the SSMWET or STMWET shall conform to the design standards of the International Electrical Commission, specifically IEC 61400-1, "Wind Turbine Safety and Design" and/or IEC 61400-2, "Small Wind Turbine Safety," IEC 61400-22 "Wind Turbine Certification," and IEC 61400-23 "Blade Structural Testing," or any similar successor standards as approved by the Building Commissioner.
            5.   To the extent applicable, the wind energy turbines shall comply with the Ohio Building Code.
            6.   All electrical components shall conform to the relevant and applicable local, state and national codes.
         J.   Signal Interference. The SSMWET or STMWET shall not interfere with communication systems such as, but not limited to, radio, telephone, television, satellite, or emergency communication systems.
         K.   SSMWET or STMWET decommissioning shall comply with Section 1292.16.
(Ord. 10-85. Passed 11-16-10.)