(a) The maximum height of any wind turbine in a residential zoning district shall not exceed the maximum height permitted within the zoning district.
(b) The maximum height of any wind turbine for utility scale generation shall be forty feet. Heights exceeding forty feet may be reviewed and determined by the Planning Commission on a case by case basis.
(c) Maximum height shall be considered the total vertical height calculated by measuring the length of the blade or vane at the maximum vertical rotation to the original/normal grade.
(d) Setbacks. Any wind turbine erected on a parcel of land shall be located within the rear yard and shall meet the required setbacks of the zoning district and will need to establish a "clear fall zone" equal to the maximum height of the wind turbine from all neighboring property lines, structures, as well as any structures on the parcel intended for the wind turbine.
(1) A wind 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 safely on the property where the wind turbine is located and would not strike any structures including the primary dwelling, and any accessory buildings or uses.
(e) Ice. The potential ice throw or ice shedding for the wind turbine shall not cross the property lines of the site in question nor impinge on any public right-of-way or overhead utility line. Compliance shall be demonstrated in the zoning permit application.
(f) A zoning permit shall be required before construction can commence on a wind generation system. The permit application shall contain the following items:
(1) The total size and maximum height of the wind turbine unit.
(2) The total size and height of the tower, pole, or support structure and method of mounting.
(3) As part of the application process for wind turbines that exceed the maximum height of any zoning district or as provided herein, the applicant shall provide written documentation that the FAA, Toledo Executive Airport and any other applicable state and federal regulatory agencies of the proposed wind energy system.
(g) As part of the application, the applicant shall provide to the City a report prepared with the following information:
(1) The total size and height of the tower, pole, or support structure, ground mounted wind turbines shall include sealed structural design calculations from a professional engineer.
(2) Evidence of a "clear fall zone" shall be shown on the site drawing with manufacturing recommendations.
(3) The following items pertain to utility scale use of wind turbines:
A. The total size and depth of the concrete foundation including sealed foundation design calculations from a professional engineer.
B. A list and or depiction of all safety measures that will be on the unit, including anti-climb device, grounding devices, and lighting protection.
C. Data specifying the kilowatt size and generating capacity of the wind turbine unit.
D. A sealed site drawing showing the location of the unit feet and inches in relation to existing structures on the site, roads and other public right-of-ways, and neighboring properties and structures.
E. A maintenance schedule as well as a dismantling plan that outlines how the unit will be dismantled shall be required as part of the zoning certification.
F. Documentation that the site of the wind turbine has sufficient wind resources for the proposed wind turbine equipment.
G. Analysis, measurements, and projections of wind turbine noise which shall include a survey of the existing ambient background noise levels. Analysis shall include daytime measurements and also at least two ambient noise measurements between 9:00 p.m. and 11:59 p.m. and two between 1:00 a.m. and 5:00 a.m.
(Ord. 2022-45. Passed 2-23-23.)