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The following regulations and conditions, which are applicable to all districts to provide for safe, effective and efficient regulation of wind energy conversion systems (WECS), shall apply, whether they are tower mounted or structure mounted.
(A) Small wind energy conversion systems (small WECS). The following standards shall apply to all small WECS as defined herein.
(1) Small WECS are permitted, subject to conditions, in zoning districts regulated by the Village of Pewamo Zoning Ordinance.
(2) A zoning compliance certificate and all applicable permits required by the Village of Pewamo and Ionia County Building Department are required prior to construction (installation) of a small WECS.
(3) For all zoning districts, the total height of a tower mounted small WECS, which includes the tower and the rotor blade, shall not be greater than 35 feet. The total height shall be measured from the ground level the base of the tower to the maximum vertical extension of the blade.
(4) The total height for a structure mounted vertical axis small WECS shall not exceed 15 feet as measured from the highest point of the adjacent roof or structure to which it is attached, excluding chimneys, antennae or other similar features.
(5) The minimum site area for a tower mounted small WECS shall be equal to the minimum lot area requirements of the zoning district in which the small WECS is located plus any additional lot area required to meet setback requirements of this section.
(6) The minimum site area for a structure mounted small WECS shall be equal to the minimal lot requirements of the zoning district in which it is located.
(7) For structure mounted small WECS, documentation shall be submitted by a licensed professional engineer, with details pertaining to the structure's ability to sustain all loads imposed.
(8) Setbacks. A tower mounted small WECS shall be set back a distance equal to one and one-half times the height of the tower measured from the top of its blade in vertical position from all adjoining property lines, easements, or right-of-way, and no part of a small WECS may extend into any adjacent yard or property unless an easement has been recorded for that purpose. A structure mounted small WECS shall meet the setback requirements of the zoning district in which it is located.
(9) Ground clearance. A tower mounted small WECS must have a minimum ground clearance of 20 feet between the lowest extension of the rotor blade and the average grade at the base of the structure.
(10) Noise; sound pressure level. The sound pressure level shall not exceed 55 dB(A) measured at the property line or the lease unit boundary, whichever is farther from the source of the noise. The sound pressure level shall not be exceeded for more than three minutes in any hour of the day. If the ambient sound pressure level exceeds 55 dB(A), the standard shall be ambient dB(A) plus 5 dB(A).
(11) Wind turbine structural plans. A building permit application for a small WECS shall be accompanied by standard drawings of the wind turbine structure, including the tower, base, and footings. If structure-mounted, an engineering analysis demonstrating compliance with the State Building Code and certified by a licensed professional engineer shall also be submitted.
(12) WECS removal. The WECS owner shall advise the Village of Pewamo of discontinuance of WECS use or abandonment within 60 days of such discontinuance or abandonment. Any WECS that is not operated for a continuous period of 12 months shall be considered abandoned and the owner of such WECS shall remove the same within 90 days of receipt of notice from the Village of Pewamo notifying the owner of such abandonment. Failure to remove an abandoned WECS within said 90 days shall be grounds for the Village of Pewamo to remove the WECS at the owner's or property owner's expense. With the exception of time period specified in this section, the process for abatement and removal of an abandoned WECS shall conform to the process, including recovery of the village's costs and penalties, set forth in Chapter 154, Blight.
(13) Structures mounted small WECS. Structures mounted small WECS shall meet the following additional requirement: structures mounted to small WECS shall not be attached to that portion of a structure facing a public road, but may be attached to principal or accessory structures providing all other requirements of this section are met, shall not utilize guy wire supports, and may not contain commercial advertising.
(14) Additional towers or structures. There may be more than one tower and/or structures mounted small WECS systems per lot or parcel if the total combined rated output of all turbines on the site does not exceed ten (KW) and the additional units are permitted by a special land use approval; and provided that such additional tower or structure meet all of the requirements of this chapter.
(15) The zoning compliance certificate permit application for any small WECS must include:
(a) A project summary, including:
1. A general description of the project, including its approximate name plate capacity, the potential equipment manufacturer(s), type(s) of the WECS, number of WECS and capacity of WECS, the maximum height and diameter of the WECS rotors, a professional analysis of the shadow flicker impact, the general location of the project; and
2. A description of the applicant, owner and operator including their respective business entities.
(b) The name(s), address(es) and phone number(s) of the applicant(s) and property owner(s);
(c) A description for the location of the WECS tower and/or structure mounted system and the location or property lines of adjoining property owners;
(d) A site plan for the installation of the WECS, showing location of each WECS tower, primary structures, property lines, setback lines, height, ancillary equipment and layout of all structures within geographical boundaries of any applicable setbacks;
(e) All required studies, reports, certification and approvals demonstrating compliance with the provisions of this subchapter; and
(f) Any other information required to demonstrate compliance with this subchapter or any other applicable laws and regulations of the village, county, state or federal government.
(16) Guy wires, advertising, and use of non-reflective surfaces and neutral colors. Small WECS system shall not utilize guy wires for support, shall not contain or display commercial advertising, and shall utilize non-reflective surfaces and neutral colors to the maximum extent feasible.
(B) Large wind energy conversion systems (large WECS). The following standards shall apply to all large wind energy conversion systems (WECS) as defined herein:
(1) Large WECS require a special land use permit, a zoning compliance certificate, and a building permit prior to construction/installation and operation;
(2) Large WECS are permitted by special land use only in the (L-1) Light Industrial Zoning Districts only;
(3) The application for a special land use permit must be accompanied by:
(a) An evaluation prepared by certified professionals with a specialty in large WECS of the likely impact of the proposed WECS in the following areas:
1. Noise and vibration impact on any property line;
2. Potential impact on wildlife, including native and migrating birds;
3. Shadow flicker and glare impact on adjacent properties; and
4. Aesthetic impact of the WECS on adjoining properties.
(b) The following information must be detailed to supplement the site plan required for a special use permit application:
1. Property lines, dimension, acreage and contours with appropriate intervals for site evaluation;
2. Location and elevation of the proposed large WECS;
3. Locations and dimensions of all existing structures and uses on the lot within 300 feet of the system;
4. Height of any structures or trees over 35 feet with a 500 foot radius, on-site of the proposed large WECS; and
5. Surrounding land use and structures, irrespective of height, within 500 feet of the large WECS location.
(c) Additional information required for application for special land use permit:
1. Standard drawings of the structural components of the large WECS, including structures, tower, base and footings. A registered professional engineer shall certify drawings and any necessary calculations demonstrating that the system complies with all applicable local, state and federal building structural and electrical codes, and regulations;
2. Certification from a registered professional engineer or qualified person that the rotor and overspeed control have been designed for the proposed use on the proposed site; and
3. Registered professional engineer's certification of the design and safety for the proposed tower to withstand any high wind speeds, and that the large WECS can be operated successfully on the subject property.
(4) Setbacks. A large WECS shall maintain a minimum setback of 1½ times the total height of the tower to the top of the blade in its vertical position from any property line, easements, or right-of-way, and no part of a large WECS may extend into any adjacent yard or property unless an easement has been recorded for the purpose.
(5) Dimensions.
(a) A large WECS shall not exceed a total tower and blade height of 100 feet.
(b) In all cases, the minimum height of the lowest position of the large WECS blade shall be at least 30 feet above the ground.
(c) An approved large WECS is exempt from the height restrictions of the zoning district in which it is located.
(d) A large WECS shall be located on a minimum site area of one acre or larger plus any additional area required to meet the setback requirements of this section.
(6) Noise. The sound pressure for on-site use of small or large WECS shall not exceed 55 dB(A) at the property line closest to the wind energy system. The sound pressure may be exceeded during short term events such as utility outages and/or severe wind storms. If the ambient sound pressure level exceeds 55 dB(A), the standard shall be ambient dB(A) plus 5 dB(A).
(7) General siting and design standards. A large WECS shall meet all federal, state and local aviation regulation requirements, which shall include, but not be limited to, air traffic warning lights or other marking lights, and shall be positioned to avoid undue visual impact on neighboring properties.
(8) Safety measures.
(a) Each large WECS shall be equipped with both manual and automatic controls to limit the rotation or speed of the rotor blade so it does not exceed the design limits or the rotor.
(b) Each large WECS shall be properly grounded to safety sustain natural lightning strikes.
(c) A large WECS shall not include any sign or advertising of any kind, except for an informational sign no larger than two square feet in area posted at the base of the tower, which shall contain the following information:
1. “WARNING; HIGH VOLTAGE”;
2. Manufacture's name;
3. Operator's name;
4. Emergency telephone number; and
5. Emergency shutdown procedures.
(9) Radio and television interference. A large WECS shall be designed and constructed so as not to cause radio and television interference.
(10) Removal of a large WECS. The large WECS owner shall advise the village of the discontinuance of WECS use or abandonment within 60 days of discontinuance. Any WECS that is not operated for a continuous period of 12 months shall be considered abandoned and the owner of such WECS shall remove the same within 90 days of receipt of notice from the village notifying the owner of such abandonment. Failure to remove an abandoned WECS within said 90 days shall be grounds for the village to remove the WECS at the owner's expense. The village may, as a condition of special use permit approval, require a financial guarantee in the form of a performance bond, cash deposit or irrevocable letter of credit or provide sufficient funds for the removal of an abandoned WECS and facilities associated therewith.
(11) Inspections. The village shall have the right at any reasonable time to provide same-day notice to the applicant to inspect the premises on which the WECS are located. The village may hire one or more consultants with approval from the applicant to assist with inspections at the applicants or project owner's expense. Inspection must be coordinated with, and escorted by, applicant's operations staff at the WECS to ensure compliance with the Occupational Safety and Health Administration (OSHA), NESC and all other applicable safety guidelines.
(12) Training emergency response. Applicant will provide firefighter WECS safety awareness training annually for the local fire department, and shall assist in developing an emergency action plan suited for all emergency incidents. The applicant shall coordinate at least annually a walk-through of the WECS with the Village Fire Chief and members of the fire department to develop the emergency action plan that includes, but is not limited to, the location of any and all emergency shut off switches, lockout locations, and other safety and emergency response requirements as determined by the Village Fire Chief or Fire Marshal. The cost for WECS safety awareness training and the emergency action plan shall be at the applicant’s or owner’s expense.
(C) Utility scale wind energy conversion systems. Utility scale wind systems are not permitted by the Village of Pewamo Zoning Ordinance.
(D) Wind energy monitoring station. A wind energy monitoring station is permitted by right in all zoning districts, shall not exceed the maximum height permitted for any potential WECS permitted in that zoning district, shall require a building permit if required by the Village of Pewamo and Ionia County Building Department, and shall be removed within 14 months from the installation date.
(E) Construction codes, towers, interconnection standards. All WECS (small or large) shall comply with all applicable state construction and electrical codes and local building permit requirements. WECS shall comply with state and federal regulations and laws, including the Federal Aviation Administration regulations and requirements, the Michigan Airport Zoning Act, and the Michigan Tall Structures Act.
(F) Maintenance and removal of renewable energy systems.
(1) Renewable energy systems must always be maintained in good repair and operable condition, including compliance with all standards in applicable building and technical codes to ensure structural and technical integrity of such facilities, except for maintenance and repair outages. If a system becomes inoperable or damaged, operations must cease and be promptly remedied.
(2) If the village determines that a renewable energy system fails to comply with the applicable provisions of this code, the Village of Pewamo shall provide written notification to the property owner. The property owner shall have a period of 90 days from the date of notification to either restore the renewable energy system to operation or remove the system. The Zoning Administrator or other person designated by the Village Council may grant extensions to the owner of a renewable energy system to remedy damaged systems upon a showing of good cause, such as any circumstance or event beyond the reasonable control of the owner of a renewable energy system, including the following events:
(a) Explosion, fire, tornado, lightning, flood, unusually severe weather, natural disaster, epidemic, any other act of God, and any other similar circumstance; or
(b) Failure of any third party supplier.
(3) In the event such renewable energy system is not brought into compliance with this code within the specified period, the village may remove or cause the removal of said facility at the property owner's expense. With the exception of time period specified in this section, the process for abatement and removal of an abandoned WECS shall conform to the process, including recovery of the village's costs and penalties, set forth in Chapter 154, Blight.
(4) The Village of Pewamo may pursue all available legal remedies at law and equity to remove a renewable energy system which fails to comply with this code.
(5) Any delay by the Village of Pewamo in taking enforcement action against the owner of a renewable energy system and the owner of the property if such owner is different from the owner of such facility shall not waive the village's right to take any legal action as provided by law.
(6) The village may seek the removal of a renewable energy system regardless of the owner's or operator's intent for said facility, and regardless of any permits that may have been issued or granted by other state or federal governmental authorities. After the renewable energy system is removed, the owner of the subject property shall promptly restore the subject property to a condition consistent with the property's condition prior to the installation of the system. Installation shall comply subject to applicable local, state and federal laws and regulations.
(Ord. 2019-02, passed 6-10-2019)
(A) Authorization of use. Building-integrated, building-mounted and ground-mounted solar energy systems may be authorized administratively in all zoning districts in accordance with requirements of this chapter and subject to approval by the Village of Pewamo or their designees.
(B) Height.
(1) Building-mounted solar energy system may not extend above the peak roof height of the building to which the solar energy systems is affixed.
(2) Ground-mounted solar energy system. The maximum height of a ground-mounted solar energy system shall be six feet as measured from the average grade at the base of the pole to the highest edge of the system.
(C) Location.
(1) Ground-mounted solar energy systems shall not be located within the required front yard or corner side yard or in any utility, water, sewer, or other type of public easement.
(2) All parts of any ground-mounted solar energy system shall be set back at least ten feet from the interior side and rear property lines.
(3) Ground-mounted solar energy systems shall not exceed 20% of the required rear or backyard.
(Ord. 2019-02, passed 6-10-2019)
(A) Purpose and intent. The purpose and intent of this section is to establish standards for siting, installation, operation, repair, decommissioning and removal of large solar energy within the Light Industrial (LI) and Agricultural/Rural Estate District (A-1).
(B) Site plan drawing and supporting materials. All applications for a large solar energy systems use must be accompanied by detail site plans, drawn to scale and dimensioned and certified by a professional engineer licensed in the State of Michigan, displaying the following information:
(1) All lot lines and dimensions, including a legal description of each lot or parcel comprising the large solar energy system;
(2) Names of owners of each lot or parcel within the Village of Pewamo that is proposed to be within the large solar energy system;
(3) Vicinity map showing the location of all surrounding land uses;
(4) Location and height of all proposed solar array(s), buildings, structures, electrical tie lines and transmission lines, security fencing, and all above-ground structures and utilities associated with a large solar energy system;
(5) Horizontal and vertical (elevation) to scale drawings with dimensions that show the location of the proposed solar array(s), buildings, structures, electrical tie lines and transmission lines, security fencing and all above ground structures and utilities on the property;
(6) Location of all existing and proposed overhead and underground electrical transmission or distribution lines within the large solar energy system and within 100 feet of all exterior property lines of the large solar energy system;
(7) Proposed setbacks from the solar array(s) to all existing and proposed structures with the large solar energy system;
(8) Land elevations for the solar array(s) location and the relationship to the land elevations of all existing and proposed structures within the large solar energy systems at a minimum of 10 feet contours;
(9) Access driveways within and to large solar energy system, together with a detailed narrative regarding dimensions, composition and maintenance of each driveway. All access drives shall be subject to approval by Village of Pewamo and Ionia County Road Commission;
(10) Planned security measures to prevent unauthorized trespass and access during the construction, operation, removal, maintenance or repair of the large solar energy system;
(11) A written description of the maintenance program to be used for the solar array and other components of the large solar energy system, including decommissioning and removal. The description shall include maintenance to be performed, and decommissioning and removal procedures and schedules if the large solar energy system is decommissioned;
(12) Planned lightening protection measures; and
(13) Additional detail(s) and information as required by the special land use requirements of the Village of Pewamo Zoning Ordinance.
(C) Application escrow account. An escrow account shall be deposited with the village by the applicant when the applicant applies for a special land use permit for a large solar energy system. The monetary amount deposited by the applicant in escrow with the village shall be the amount estimated by the village to cover all reasonable costs and expenses associated with the special land use permit review and approval process, which cost shall include, but not be limited to, reasonable fees of the Village Attorney, Lyons Township Supervisor, Ionia County Road Commission, and Ionia County Building Department, as well as costs for any reports or studies that are reasonably related to the zoning review process for the application. The applicant shall have 30 days to refuse or approve of the amount estimated by the village. Such escrow amount shall be in addition to any filing or application fees established by resolution.
(D) Compliance with the County Building Code and the National Electric Safety Code. Construction of a large solar energy system shall comply with the National Electric Safety Code and Ionia County Building Codes (as shown by approval by the county) as a condition of any special land use permit under this section. In the event of a conflict between the County Building Code and National Electric Safety Code (NESC), the NESC shall prevail.
(E) Certified solar array components. Components of a solar array shall be approved by the Institute of Electrical and Electronics Engineers (IEEE), Solar Rating and Certification Corporation (SRCC), Electronic Testing Laboratories (EIL), or other similar certification organization if the similar certification organization is approved by the village, which approval shall not be unreasonably withheld.
(F) Height. Maximum height of a solar array, other collection device, components or buildings of the large solar energy system, excluding substation and electrical transmission equipment, shall not exceed 15 feet (as measured from the natural grade at the base of improvements) at any time or location on the property. Substation and electrical transmission equipment shall not exceed 100 feet.
(G) Lot size. A large solar energy system shall be located on one or more parcels with an aggregate area of ten acres or greater.
(H) Setbacks. A minimum setback distance in (L-1) Light Industrial District of 100 feet from all exterior property lines of the large solar energy system and existing public roads and bike/walking trails shall be required for all buildings and solar arrays. Also, a setback of 500 feet shall be required from back property line of residential structures. A minimum setback distance in (A-1) Agricultural/Rural Estate District of 200 feet from exterior property lines of the large solar energy system and existing public roads and bike/walking trails shall be required for all buildings and solar arrays, also a setback of 500 feet shall be required from back property line of residential structures.
(I) Lot coverage. A large solar energy system is exempt from maximum lot coverage limitations.
(J) Screening/security. A large solar energy system shall be completely enclosed by perimeter security fencing to restrict unauthorized access. Such fencing shall be six feet in height with a one foot extension arm consisting of a minimum of three strands of barbed-wire placed above the fencing and
slanting outward as measured from the natural grade of the fencing perimeter. Electric fencing is not permitted. The perimeter of large solar energy systems shall also be screened and buffered by installed evergreen or native vegetative plantings whenever existing natural vegetation does not otherwise reasonably obscure the large solar energy system from adjacent residential structures, subject to the following requirements:
(1) The evergreen or native vegetative buffer shall be composed of native or evergreen trees that at planting shall be a minimum of four feet in height and shrubs two feet in height. The evergreens shall be spaced no more that 15 feet apart on center from central trunk of plant to the central trunk of the next plant. Shrubs shall be spaced to more than seven feet apart on center. All unhealthy (60% dead or greater) and dead material shall be replaced by the applicant within one year or the next appropriate planting period, whichever comes first.
(2) Failure to install or continuously maintain the required vegetative buffer shall constitute a violation of the subchapter and any special use permit may be subject to revocation.
(K) Signage. No advertising or non-project related graphics shall be on any part of the solar arrays or other components of the large solar energy systems. This exclusion does not apply to entrance gate signage or notifications containing points of contact or any and all other information that may be required by authorities having jurisdiction for electrical operations and the safety and welfare of the public.
(L) Noise. No component of any large solar energy system shall emit noise exceeding 65 dB(A) as measured at the exterior property boundary or the existing ROW line.
(M) Lighting. All lighting for parking lots, driveways, external illumination of buildings, or the illumination of signs shall be directed away from and be shielded from adjacent properties and shall be so arranged as to not adversely affect driver visibility or adjacent public roads.
(N) Distribution, transmission and interconnection. All collection lines and interconnections from the solar array(s) to any electrical substations shall be located and maintained underground inside the large solar energy system, except in areas where technical or physical constraints make it preferable to install equipment above ground. This requirement excludes transmission equipment meant to connect the project substation to the local transmission system.
(O) Abandonment and decommissioning. Following the operational life of the project, the applicant shall perform decommissioning and removal of the large solar energy system and all its components. The applicant shall prepare a decommissioning plan and submit it to the Village of Pewamo for review and approval prior to issuance of the special land user permit. Under this plan, all structures, concrete, piping, facilities, and other project related materials above grade and any structures up to three feet below-grade shall be removed offsite for disposal. Any solar array or combination of photovoltaic devices that is not operated for a continuous period of 12 months shall be considered abandoned and shall be removed under the decommissioning plan. The ground must be restored to its original topography within 365 days of abandonment or decommissioning. Failure to remove an abandoned large solar energy system and all its components within the period set forth herein shall be grounds for the Village of Pewamo to remove the large solar energy system and all its components at the owner's or property owner's expense. With the exception of time period specified in this section, the process for abatement and removal of an abandoned large solar energy system and all its components shall conform to the process, including recovery of the village's costs and penalties, set forth in Chapter 154, Blight. The Village of Pewamo may pursue all available legal remedies at law and equity to remove an abandoned large solar energy system and all its components which fails to comply with this code. Any delay by the Village of Pewamo in taking enforcement action against the owner or successor entity of an abandoned large solar energy system and all its components, or the owner of the property if such owner is different from the owner of such facility, shall not waive the village's right to take any legal action as provided by law.
(P) Approval time limit and extensions. Special use and site plan approvals or permits under this section shall be valid for one year but, if requested by the applicant prior to the expiration date, shall automatically be extended for an additional one-year period.
(Q) Inspection. The village shall have the right, at any reasonable time, to provide same-day notice to the applicant to inspect the premises on which any large solar energy system is located. The village may hire one or more consultants, with approval from the applicants, to assist with inspections at the applicant’s or project owner's expense. Inspections must be coordinated with, and escorted by, the applicant’s operations staff at the large solar energy facility to ensure compliance with the Occupational Safety and Health Administration (OSHA), NESC and all other applicable safety guidelines.
(R) Training emergency response. Applicant will provide firefighter safety awareness training for large solar energy systems for the local fire department and assist in developing an emergency action plan suited to all incidents. Also, the applicant shall provide a walk through of the large solar energy system between the applicant and the local fire department that includes, but is not limited to, the location of emergency shut off switches, lock out locations, and the like. The cost for each is to be covered at the applicant’s or owner’s expense.
(S) Maintenance and repair. Each large solar energy system must be kept and maintained in good repair and condition at all times. The applicant shall keep maintenance logs on the solar array(s), which shall be available for the village review within 48 hours of such request. The applicant shall keep all sites within the large solar energy system neat, clean and free of refuse, waste or unsightly, hazardous or unsanitary conditions.
(T) Roads. Any material damages to a public road located within the village resulting from the construction, maintenance or operation of a large solar energy system shall be repaired at the applicant's expense. In addition, the applicant shall submit to the appropriate county agency a description of routes to be used by construction and delivery vehicles and any road improvements that will be necessary to accommodate construction vehicles, equipment or other deliveries. The applicant shall abide by all county requirements regarding the use and/or repair of county roads.
(U) Continuing obligations. Failure to keep any required financial security in full force and effect at all times while a large solar energy system exists or is in place shall constitute a material and significant violation of the special land use permit and this section, and will subject the large solar energy system applicant, owner and operator to all remedies available to the village, including any enforcement action, civil action, request for injunctive relief, and revocation of the special land use permit.
(V) Other requirements. Each large solar energy system shall also comply with all applicable federal, state and county requirements, in addition to other applicable village codes.
(Ord. 2019-02, passed 6-10-2019)
AMENDMENTS AND CONFLICTS
(A) Pursuant to Act 110 of 2006 being M.C.L.A. §§ 125.3101 et seq., Act 12 of 2008 being M.C.L.A. §§ 125.3101 et seq. and Act 33 of 2008 being M.C.L.A. §§ 125.3801 et seq., all provisions contained within this chapter including text and all regulations, zoning districts and the boundaries thereof, may be amended, modified and supplemented by appropriate action of the Village Council.
(B) Such amendment or request for change may be initiated by the Village Council, the Planning Commission or by any owner of the property which is the subject of said request according to the following procedure.
(1) Each request for amendment of, or change, in this chapter shall be in writing and on a form provided by the village and signed by petitioner. Upon receipt, said petition shall be referred to the Village Planning Commission. All fees in connection therewith shall be as established from time to time by resolution of the Village Council and shall be due and payable upon the filing of said petition.
(2) Notice of public hearings on all such requests shall be given as provided in § 153.126.
(3) Upon receipt by the Village Council of the report, summary of comments, and recommendation of the Planning Commission, the Village Council may, at any meeting thereafter, adopt or refuse to adopt same with or without amendments. Nothing contained herein shall be construed to prohibit the Village Council from referring the matter back to the Planning Commission for any additional report or from holding additional public hearings if it considers same to be necessary and appropriate.
(4) Upon the presentation of a protest petition meeting the requirements of this division (B), an amendment to this chapter which is the object to said petition shall be passed by not less than two-thirds vote of the Village Council. The protest petition shall be presented to the Village Council before final legislative action on the amendment and shall be signed by one of the following:
(a) Owners of at least 20% of the area of land included in the proposed change; or
(b) Owners of at least 20% of the area of land included within an area extending outward 100 feet from any point on the boundary of the land included in the proposed change. (For purposes of the foregoing criteria, publicly owned land shall be excluded in calculating the 20% land area requirements.)
(5) Following the adoption of amendments to this chapter by the Village Council, said amendments shall be filed with the Village Clerk and a notice of ordinance adoption shall be published in a newspaper of general circulation within the village within 15 days after adoption. Said notice shall include all of the following information:
(a) A summary of the regulatory effect of the amendment, including the geographic area affected or the text of the amendment; and
(b) The effective date of the amendment and the place and time where a copy of the amendment may be purchased or inspected.
(Ord., § 7.1, passed 8-5-1991; Ord. 2012-02, passed - -2012)
(A) Notice of public hearing shall be published in a newspaper of general circulation within the village not less than 15 days before the date the application or request will be considered for approval. If a particular or specific property is the subject of a hearing or the proceedings, notice shall also be sent by first class mail or personal delivery to the owners of property for which the approval is being considered and to all persons to whom real property is assessed within 300 feet of the property and to the occupants of all structures within 300 feet of the property, regardless of whether the property or occupant is located within the village. If the name of the occupant is not known, the term “occupant” may be used in making the notification required herein. Only one notification per unit or spatial area owned or leased by different persons need be given, and if a single structure contains more than four dwelling units or other distinct spatial areas owned or leased by different persons, notice may be given to the manager or owner of the structure who shall be requested to post the notice at the primary entrance to said structure.
(B) In addition, the notice required by this section shall describe the nature of the request or proceeding and identify the property that is the subject of the request, including a listing of all existing street addresses within the property and indicate when and where written comments will be received concerning the request.
(C) The foregoing notwithstanding, where any group of adjacent properties numbering eleven or more that is proposed for rezoning, the requirement for listing individual street addresses shall not apply to that group of adjacent properties.
(Ord. 2012-02, passed - -2012)
Any and all ordinances or parts thereof in conflict with or inconsistent with any of the terms of this chapter are hereby repealed to the extent they are so in conflict or inconsistent; provided, however, that the adoption of this chapter shall not prevent or bar the continuance or institution of any proceedings for offenses heretofore committed in violation of any existing ordinance.
(Ord., § 7.3, passed 8-5-1991)
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