Loading...
A. Meteorological Towers shall not be allowed for time periods in excess of twelve (12) months and shall be removed prior to the installation of the wind energy system for which they are measuring. A request to install a meteorological tower shall be included in the application to install either a Micro Wind System or a Small Wind Energy System.
B. Building-mounted micro wind systems shall be regulated by applicable building and electrical codes, and system height shall not exceed the maximum permitted building height by more than thirty (30%) percent. Any building mounted micro wind system that exceeds the maximum permitted building height by more than thirty (30%) percent shall be subject to review by the Toledo City Plan Commission as a major site plan review unless a Special Use Permit (SUP) is required.
C. Maximum System Height - Freestanding Small Wind Energy Systems shall not exceed the maximum height requirement in residentially zoned districts, subject to TMC 1106.0100 - Intensity and Dimensional Standards. These systems shall not exceed sixty-five (65) feet for commercial and one hundred and twenty (120') feet for industrial and institutional zoned districts. A SUP is required in an IC District if the system height exceeds the maximum height as shown on the approved Master Plan. In multi- dwelling residential, commercial and industrial zoning districts, a wind energy system that exceeds these height limits may be allowed with a SUP.
D. Setbacks - Small Wind Energy Systems shall be set back from all property lines a distance equal to one hundred twenty (120%) percent of the height of the structure including the blades to maintain an adequate fall zone. Micro Wind Energy Systems shall be set back from all property lines a distance equal to fifty (50%) percent of height of the structure including the blades to maintain an adequate fall zone. No part of the Small Wind Energy System or micro wind system structure, including, but not limited to, guy wire anchors, may extend closer than ten feet (10') to the property line.
E. Sound - Micro Wind Systems and Small Wind Energy Systems shall not exceed thirty (30) dbA, measured from the closest property line (four feet (4') or five feet (5') above grade) in residentially zoning district and fifty-five (55) dbA in non-residential zoned district and enforced by either Toledo Police Department per TMC 507 or Environmental Services. The facility owner and operator shall make reasonable efforts to minimize shadow flicker to any proposed wind energy system.
F. Turbine Clearance - No portion of any turbine shall extend within twenty feet (20') of the ground, overhead utility lines, parking areas, driveways and sidewalks.
G. Automatic Over-Speed Controls - All Micro Wind Systems and Small Wind Energy Systems shall be equipped with manual (electronic or mechanical) and automatic over-speed controls to limit the blade rotation speed to within the design limits of the Micro Wind System or Small Wind Energy System.
H. Tower color - Tower colors shall be off-white, gray, or neutral subdued tones, such as earth tones of green or brown. Towers shall not be finished in bright or vivid colors, nor shall the tower be used for advertising of any kind.
I. Lighting - Micro Wind Systems and Small Wind Energy Systems shall not be artificially lighted, except as required by the FAA.
J. Climb prevention - Small Wind Energy Systems shall not be climbable up to fifteen feet (15') above the ground surface.
K. Wind Energy Systems on residentially zoned properties shall have a nameplate capacity of ten (10) kilowatts or less. In multi-dwelling residential, commercial, industrial, and institutional campus zoning districts, a wind energy system with more than ten (10) kilowatts may be allowed with a SUP.
L. Wind Energy Systems shall not be permitted in any front yard.
M. No more than one (1) Wind Energy System shall be permitted per parcel. More than one (1) wind energy system may be allowed on a parcel in an IC District if shown in the approved Master Plan or with a SUP, and in multi-dwelling residential, commercial and industrial zoning districts with a SUP.
(Ord. 96-10. Passed 3-2-10; Ord. 164-11. Passed 4-5-11.)
Application to construct new or alter an existing wind energy system facility shall be submitted to the Division of Building Inspection. The Division of Building Inspection and Plan Commission staff shall determine if the application conforms to the requirements of this ordinance and other applicable regulations of the City of Toledo.
Application: The following materials shall be provided as part of the application process:
A. Property lines and dimensions of the applicant's property.
B. Location, dimensions, and use of existing structures on the property.
C. Location of the proposed small wind energy system, foundations, guy anchors and associated equipment.
D. Setback requirements as outlined in this ordinance.
E. The right-of-way of any public road that is contiguous with the property.
F. Any overhead utility lines.
G. Small wind energy system specifications, including manufacturer, model, rotor diameter, tower height, tower type, and kilowatt rating.
H. Foundation and anchoring details sealed by an architect or engineer registered in the State of Ohio.
I. Small wind energy systems that will be connected to the power grid shall include a copy of the application for interconnection with their electric utility provider and application for a City of Toledo electrical permit.
J. Sound level analysis prepared by the wind generator manufacturer or qualified engineer.
K. A maintenance schedule and a clear fall zone shall be shown on the site plan.
L. Certification that the design is in compliance with the current National Electric Code and local electrical code. Building permit applications for Micro Wind Systems and Small Wind Energy Systems shall be accompanied by a line drawing of the electrical components in sufficient detail to allow for a determination that the manner of the installation conforms to the National Electrical Code and local electrical codes.
M. Evidence satisfactory to the Director of the Toledo-Lucas County Plan Commissions that the proposed system meets the following standards:
1. That the Micro Wind System or Small Wind Energy System is Under Writers Laboratory (UL) listed, and/or meets the Institute of Electrical and Electronic Engineers (IEEE) standards, or other Nationally Recognized Testing Lab (NRTL);
2. Information demonstrating that the wind turbine is approved under an emerging technology program, such as International Electrotechnical Commission (IEC) or any other small wind certification program recognized by the American Wind Energy Association (AWEA) or the U.S. Department of Energy. Non-certified wind turbines must submit a description of the safety features of the turbine prepared by a professional mechanical engineer.
N. Equipment Replacement - Any major replacement such as the turbine blades, generator, main gear-box or the entire wind energy system shall comply with the current ordinance.
(Ord. 96-10. Passed 3-2-10.)
Any Wind Energy System that is not operated on a functional basis for a period of twelve (12) consecutive months shall be deemed abandoned. The building official may order the repair or removal of said Wind Energy System, in accordance with these provisions. The applicant, owner, or other person responsible for the facility shall repair or remove the same within thirty (30) days of receipt of notification by certified mail. If said facility is not either operational or removed after thirty (30) days from the date of notification, the City may remove the system at the owner's expense.
The City reserves the right to enter upon and disconnect, dismantle or otherwise remove any Wind Energy System should it become an immediate hazard to the safety of persons or property due to emergency circumstances, as determined by the Commissioner of Building Inspection or building official, such as natural or man-made disasters or accidents, when the applicant, owner, or other person responsible for the facility is not available to immediately remedy the hazard. The City shall attempt to notify any such applicant, owner, or other person responsible for the facility of such action within forty-eight hours. The applicant, owner, or other person responsible for the facility shall reimburse the City for all costs incurred for action taken pursuant to this Section.
(Ord. 96-10. Passed 3-2-10.)
The addition of charging equipment to existing spaces or adjustment of drive-aisles for traffic-flow shall be considered a modification of a parking space for the purpose of Site Plan Review per section 1111.0800. A modification of 5 to 59 spaces shall require a Minor Site Plan Review, and a modification of 60 or greater shall require a Major Site Plan Review per section 1111.0800.
(Ord. 78-23. Passed 2-21-23.)
Loading...