(A) The Board may impose conditions to assure that the special exception will conform to the intent of this chapter.
(B) These conditions may include, but are not limited to, the provisions of the following:
(1) Off-street parking and loading areas, with particular attention to the economic, noise, glare or odor effects of the special exception on adjoining properties;
(2) Refuse and service areas;
(3) Special screening and buffering with reference to type, dimensions and character;
(4) Signs and proposed exterior lighting with reference to glare, traffic safety, economic effect and compatibility and harmony with properties in the area;
(5) Additional setback distances, yards and open spaces;
(6) (a) General compatibility with adjoining properties, with reference to site development standards designed for their mutual protection and the environmental harmony of the area.
(b) A confined feeding operation, a concentrated animal feeding operation, and a satellite manure storage structure shall meet any applicable requirements of the federal, state or local government. Also, in addition to those requirements for special exceptions found in divisions (B)(1) through (B)(6) above, the following requirements may apply, as determined by the Board, to a confined feeding operation, a concentrated animal feeding operation and a satellite manure storage structure.
(7) The minimum lot size on which a confined feeding operation, concentrated animal feeding operation, and a satellite manure storage structure may be permitted is 40 acres;
(8) A minimum setback distance of 1,320 feet from any other zone district, including zone districts located in adjoining counties, is required for the placement of a confined feeding operation, a concentrated animal feeding operation and a satellite manure storage structure;
(9) A minimum setback distance shall be 660 feet from any lot line of a parcel containing an existing residence, business, public recreation area, golf course or any non-agricultural principle permitted use in the A-1 Agricultural Zone District for the placement of a confined feeding operation, a concentrated animal feeding operation, and a satellite manure storage structure. Exception #1: the minimum setback distance may be reduced upon having a written agreement with the owner(s) of the existing residence, business, public recreation area, golf course or any non-agricultural principle use permitted in the A-1 Agricultural Zone District. Any such agreement shall contain the legal description of the property owned by the agreeing property owner(s), be in recordable form, and duly recorded in the office of the county recorder of each county in which that property is located;
(10) A manure storage capacity of at least 225 days is required for all confined feeding operations, and concentrated animal feeding operations;
(11) A minimum setback distance shall be 1,000 feet from any private or public water supply well, public water supply surface intake structure or drinking water supply reservoirs. A private water supply well that is located upon the same parcel as the SMSS is not required to comply with this setback distance;
(12) A minimum setback distance shall be 660 feet from any other sensitive area;
(13) A copy of the manure management plan as submitted to the State Department of Environmental Management during the State Confined Feeding Regulation Program permitting process is required to be submitted with the special exception application;
(14) (a) A construction design for an MSMSS shall be provided at the time of application and shall be made available to the Board. The Board, after having examined the construction design and conditions specific to the site (e.g., soil types, topography, unique site features and the like) may require additional setbacks or conditions for approval as permitted by divisions (B)(1) through (B)(6) above. In the event that the State Department of Environmental Management has determined through their permitting process that additional or greater setbacks are required to protect human health or the environment, the additional or greater setbacks shall apply.
(b) A small wind energy conversion system (WECS) shall meet any applicable requirements of the federal, state or local government. In addition to those requirements for Special Exceptions found in divisions (B)(1) through (B)(6) above, the following shall apply to a Small Wind Energy Conversion System.
(15) No small WECS shall be illuminated unless required by a state or federal agency, such as the FAA;
(16) The exterior surface of all small WECS, including the wind tower and associated outbuildings shall be a non-reflective, neutral color;
(17) Minimum clearance between blade tip and ground level is thirty feet (30’);
(18) The minimum separation distance between a wind tower associated with a small wind energy conversion system and all surrounding property lines, overhead utility or transmission lines, other electrical substations, meteorological towers and primary communication towers shall be no less than the total height of the wind tower. This is measured from the base of each wind tower;
(19) The minimum setback between a wind tower associated with a small wind energy conversion system and a public street(s) shall be no less than the total height of the wind tower or the front setback of the applicable zone district, whichever is the greater;
(20) A small wind energy conversion system must be located at least 1,000 feet from any existing dwelling unit, except a dwelling unit(s) located on the parcel on which the wind tower is erected;
(21) All small WECS shall be located so that the level of noise produced by the wind turbine operation heard off of the parcel on which the wind tower is erected shall not exceed 55dBA;
(22) The base of all small WECS, including any guy wires and wind tower, shall be totally and permanently enclosed by security fence at least six feet high. No fence is required if the climbing apparatus is enclosed inside the wind tower and the entry is secured, or if the climbing apparatus is located at least 12 feet above the ground level;
(23) Small WECS associated outbuildings/ cabinets shall meet all setback requirements for primary structures for the zoning district in which the small WECS is located;
(24) Special exception applications and improvement location permit applications for a small wind energy conversion system must be accompanied by a decommissioning plan detailing how the small wind energy conversion system will be dismantled and the land restored to its prior state. Such plan would be implemented when such small wind energy conversion system ceases operation for a period of 12 months. The plan would include the removal of all portions of the small WECS, including any components to a depth of at least four feet below ground level. The applicant may be required to provide a surety bond or other proof of financial responsibility as prescribed by the Board of County Commissioners in an amount determined by the Plan Commission to be of a sufficient amount to complete the decommissioning plan. The decommissioning must be complete within six months of commencement;
(25) All small WECS shall be equipped with a manual and automatic braking device capable of halting operations;
(26) All wiring installed outside of the wind tower for a small WECS shall be buried;
(27) No small WECS shall be installed in any location where its proximity with fixed broadcast, retransmission or recreation antenna for radio; airport RF signals, television or wireless phone or other personal communications systems would produce electromagnetic interference with signal transmission or reception;
(28) All small WECS electrical equipment and connections must adhere to all applicable local, state and national codes, and relevant national and international standards;
(29) Special exception applications and improvement location permit applications for a small WECS must include a transportation plan showing how vehicles would access the site of a small WECS. The plan shall describe the impact of the proposed project on the local and regional road system during construction, including the transporting of small WECS parts and/or equipment for construction, as well as the operation and maintenance of the project.
(a) The plan shall identify any proposed routes that will be used for construction, operation and maintenance purposes. If the route includes a public road under the jurisdiction of the County Highway Department, the plan must be approved by the County Highway Superintendent. The Superintendent shall conduct a pre-construction assessment to determine existing road conditions for determining potential future damage.
(b) If the route includes a public road under the jurisdiction of any other entity, the plan must be approved by that entity.
(c) Any damage caused to a public road under the jurisdiction of the County Highway Superintendent by the construction, operation or maintenance of the small WECS project must be repaired to the satisfaction of the County Highway Superintendent. The Superintendent may determine that repairs of the road are necessary before the project has been completed; or the Superintendent may determine to require repairs of the road upon completion of the project.
(d) A surety bond in an amount determined by the County Commissioners may be required to insure the county that repairs are completed to the satisfaction of the County Board of Commissioners.
(30) In any small WECS installation, the shadow flicker must be eliminated from any roadway or any occupied structure located on any non-participating property by the placement location of the small WECS; and
(31) A commercial dog breeder and an unlimited kennel shall meet any applicable requirements of the federal, state or local government. In addition to those requirements for a special exception found in divisions (B)(1) through (B)(6) above, the following shall apply to a commercial dog breeder and an unlimited kennel.
(a) Commercial Dog Breeder:
1. Minimum lot area: 15 acres; and
2. Minimum setback from an existing off premises business, residence or accessory structures of the off-premises residence: 400 feet.
(b) Unlimited kennel, minimum lot:
1. Area: 15 acres; and
2. Minimum setback from an existing off premises business, residence or accessory structures of the off-premises structure: 400 feet.
(Ord. passed 3-10-1993; Ord. 2005-009, passed - -2005; Ord. 2015-002, passed 3-18-2015; Ord. 2016-010, passed 12-7-2016)