(a) Purpose. To regulate the placement, construction, and modification of wind energy conversion systems and other alternative energy systems and their support structures in order to protect the public health, safety and welfare, while at the same time not unreasonably interfering with the development of alternative energy systems.
(b) Applicability. All towers, support structures, and alternative energy systems, any portion of which is located within The City of Troy, are subject to Section 1151.14 of this Zoning Code. Except as provided herein, any use being made of an existing tower or support structure on the effective date of this Zoning Code shall be deemed a nonconforming structure and allowed to continue, even if in conflict with the terms of this Zoning Code. Any tower site that has received approval in the form of a zoning or building permit by the City of Troy, but has not yet been constructed or located, shall be considered a nonconforming structure so long as such approval is current and not expired.
(c) Standards.
(1) Construction Standards. All alternative energy systems and support structures shall be certified by an Engineer licensed in the State of Ohio to be structurally sound and, at a minimum, in conformance with Ohio Basic Building Code.
(2) Color and Appearance Standards. All alternative energy systems shall be painted a non-contrasting gray or similar color minimizing its visibility, unless otherwise required by the Federal Aviation Administration. All appurtenances shall be aesthetically and architecturally compatible with the surrounding environment by the means of camouflage deemed acceptable by the City of Troy.
(3) Advertising Prohibited. No advertising is permitted anywhere upon or attached to any alternative energy system.
(4) Artificial Lighting Restricted. No alternative energy system shall be artificially lit except as required by the Federal Aviation Administration.
(5) Abandonment. All alternative energy systems shall be subject to the abandonment requirements set forth in Section 1151.14(g) of this Zoning Code.
(6) Access Control. The base of any tower ladders or other climbing apparatus shall be a minimum of twelve (12) feet above the ground.
(7) Noise. All alternative energy systems shall comply with the noise regulations outlined in Section 1157 of this Zoning Code.
(d) Large Wind Energy Conversion Systems. Large wind energy conversion systems, defined as those producing more than one hundred (100) kilowatts, are permitted in the A Agriculture Zoning District, subject to the following requirements:
(1) Maximum Height. The maximum height of the pole or support structure shall be less than the distance of such pole or support structure from the nearest property line.
(2) Minimum Setback from Property Lines. All elements of a Large Wind Energy Conversion System shall be set back 1.25 times the distance from the ground to the center of the turbine.
(3) Siting. All Large Wind Energy Conversion Systems shall adhere to all Federal and State Regulations including, but not limited to, submittal of an application to the Ohio Power Siting Board and Section 4906 of the Ohio Administrative Code.
(4) Vehicular Access. Vehicular access to the wind turbines or equipment shelter shall be via concrete or asphalt roadways.
(5) Equipment Shelter. The minimum setbacks for principal and accessory structures shall apply and such shelter shall not be located in any required front or side yards.
(6) Uncontrolled Rotation. Both a manual and automatic braking, governing or feathering system shall be required to prevent uncontrolled rotation.
(e) Small Wind Energy Conversion Systems. Small wind energy conversion systems, defined as those producing less than 100 kilowatts, are permitted in all zoning districts, subject to the following requirements:
(1) Number. No more than one (1) small wind energy conversion system shall be permitted per zoning lot and shall only generate energy for use for or in support of a main building and/or accessory buildings located on the same lot.
(2) Maximum Height. The maximum height of a small wind energy conversion system shall be forty (40) feet, measured from the ground to the center of the turbine.
(3) Minimum Setback from Property Lines. All elements of a small wind energy conversion system shall be setback the same distance from the ground to the center of the turbine from all boundaries of the property, or shall adhere to the side and rear yard setbacks for the district in which it is located, whichever is greater. If a lesser setback is proposed, the City shall require that the small wind energy conversion system and foundation design, taking into consideration the soil conditions at the site, be certified by a State of Ohio Professional Engineer.
(4) Design. The small wind energy conversion system shall be designed with a monopole without guide wires support structure. Lattice towers are prohibited.
(5) Historic District Prohibition. Small wind energy conversion systems shall be prohibited in any Historic Preservation Overlay Districts.
(6) Uncontrolled Rotation. Both a manual and automatic braking, governing or feathering system shall be required to prevent uncontrolled rotation.
(f) Alternative Energy Source Systems. Alternative energy source systems, such as solar panels, shall be permitted in all zoning districts subject to the following provisions:
(1) Ground-Mounted.
A. Location. Ground mounted systems shall be located in the rear yard of the property, and shall not be located nearer any lot lines than what is permitted for accessory uses in that district.
B. Screening. Ground mounted shall be screened with landscaping.
(2) Roof-Mounted. Roof mounted systems shall be located so not to be visible from the public right of way fronting the property except as otherwise approved by Planning Commission.
(3) Number. Alternative energy source systems shall only generate energy for use for or in support of a main building and/or accessory buildings located on the same lot.
(g) Abandonment.
(1) Required Notification. All persons utilizing wind energy conversion systems shall present a report to City of Troy notifying it of any tower facility located in the City of Troy whose use will be discontinued and the date this use will cease. Such report shall be filed with the City of Troy thirty (30) days prior to the cessation date. If at any time the use of the facility is discontinued for one hundred and eighty (180) days, the Zoning Administrator may declare the facility abandoned. The one hundred eighty (180) day period excludes any dormancy period between construction and the initial use of the facility. The owner/operator of the facility shall, upon receipt of a written notice from the Zoning Administrator, either reactivate use of the facility within one hundred eighty (180) days, or dismantle and remove the facility. If reactivation or dismantling does not occur, the City of Troy will either remove the facility or will contract to have the facility removed and assess the owner/operator the costs.
(2) Required Notice to Owner. The City of Troy must provide the tower owner thirty (30) days notice and an opportunity to be heard before the Board of Zoning Appeals before initiating such action to remove or dismantle the facility. After such notice has been provided, the City of Troy shall have the authority to initiate proceedings to either acquire the tower and any appurtenances attached thereto at the current fair market value at that time, or in the alternative, order the demolition of the tower and all appurtenances.
(3) Right to Public Hearing by Owner. The City of Troy shall provide the tower owner with the right to a public hearing before the Board of Zoning Appeals, which public hearing shall follow the thirty (30) day notice required in Section 1151.14(2) of this Zoning Code. All interested parties shall be allowed an opportunity to be heard at the public hearing.
(4) Order of Abatement or Demolition. After a public hearing is held pursuant to Section 1151.14(3) of this Zoning Code, the City of Troy may order the abatement or demolition of the tower. The City of Troy shall require licensee to pay for all expenses necessary to acquire or demolish the tower.
(h) Application and Review Requirements. The following information shall be submitted as part of the Zoning Permit application to the City for a wind energy conversion system or alternative energy system:
(1) Plot Plan. A plot plan at a scale of not less than one (1) inch equals one hundred (100) feet shall be submitted. This plot plan shall indicate all building and land uses within two hundred (200) feet of the proposed facility. Aerial photographs and/or renderings may augment the plot plan.
(2) A detailed description of the proposed wind energy conversion system or alternative energy system, to include:
A. Specifications and drawings, including proposed generation capacity, the generator, hub and blade, prepared by the manufacturer or a professional engineer.
B. Proposed height.
C. A line drawing, photograph or equivalent graphic representation of the wind turbine, solar panel or other alternative energy device, including support structure.
D. Structural drawings of the tower, base or foundation, prepared by the manufacturer or a professional engineer.
E. Documentation from the manufacturer that the wind energy conversion system or alternative energy system will not produce noise levels in excess of those permitted by Section 1157 of this Zoning Code.
F. Photographs of the proposed site, including photographs taken from public rights-of-way and neighboring properties if available.
(3) For Large Wind Energy Conversion Systems, documentation that the proposed project is in compliance with all applicable Federal and State regulations. Copies of all regulatory agency permits shall be included in the application.
(4) If a connection to the publicly regulated utility grid is proposed, a copy of the contract between the applicant and the utility verifying that the proposed connection is acceptable, and/or other evidence demonstrating that the utility is aware of the proposed connection and does not object to said connection.
(5) Any other additional information deemed necessary by the Director.