(a)

Approval required. No owner shall, within the village, build, construct, use or place any type or kind of wind energy system without holding the appropriate conditional use permit for the system.

(b)

Separate permit required for each system. A separate conditional use permit shall be required for each system. The permit shall be applicable solely to the systems, structures, use and property described in the permit.

(c)

Basis of approval. The village board shall base its determinations on general considerations as to the effect of the grant on the health, general welfare, safety and economic prosperity of the village and, specifically, of the immediate neighborhood in which the use would be located, including the considerations as the effect on the established character and quality of the area, its physical attractiveness, the movement of traffic, the demand for related services, the possible hazardous, harmful, noxious, offensive or nuisance effect as a result of noise, dust, smoke or odor and the other factors as would be appropriate to carry out the intent of the chapter 54.

(d)

Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Wind energy systems means "windmills" which are used to produce electrical or mechanical power.

(Code 2003, § 13-1-131)

(a)

Application. The permit application for a wind energy system shall be made to the zoning administrator on forms provided by the village. The application shall include the following information:

(1)

The name and address of the applicant.

(2)

The address of the property on which the system will be located.

(3)

Applications for the erection of a wind energy conversion system shall be accompanied by a plat or survey for the property to be served showing the location of the generating facility and the means by which the facility will provide power to structures. If the system is intended to provide power to more than one premises, the plat or survey shall show all properties to be served and the means of connection to the wind energy conversion system. A copy of all agreements with system users off the premises shall accompany the application. The application shall further indicate the level of noise to be generated by the system and provide assurances as to the safety features of the system. Energy easements shall accompany the application.

(4)

An accurate and complete written description of the use for which special grant is being requested, including pertinent statistics and operational characteristics.

(5)

Plans and other drawings showing proposed development of the site and buildings, including landscape plans, location of parking and service areas, driveways, exterior lighting, type of building material, etc., if applicable.

(6)

Any other information which the zoning administrator, village board or building inspector may deem to be necessary to the proper review of the application.

(7)

The zoning administrator shall review the application and, if the application is complete and contains all required information, shall refer it to the village board.

(b)

Hearing. Upon referral of the application, the village board shall schedule a public hearing thereof following the procedures for conditional use permits in article V of this chapter.

(c)

Determination. Following public hearing and necessary study and investigation, the village board shall, as soon as practical, render its decision and a copy be made a permanent part of the board's minutes. The decision shall include an accurate description of the special use permitted, of the property on which permitted, and any and all conditions made applicable thereto, or, if disapproved, shall indicate the reasons for disapproval. The village board may impose any conditions or exemptions necessary to minimize any burden on the persons affected by granting the special use permit.

(d)

Termination. When a special use does not continue in conformity with the conditions of the original approval, or where a change in the character of the surrounding area or of the use itself cause it to be no longer compatible with surrounding areas, or for similar cause based upon consideration for the public welfare, the special grant may be terminated by action of the village board following a public hearing thereon.

(e)

Changes. Subsequent change or addition to the approved plans or use shall first be submitted for approval to the village board and if, in the opinion of the village board, the change or addition constitutes a substantial alteration, a public hearing before the village board shall be required and notice thereof be given.

(f)

Approval does not waive permit requirements. The approval of a permit under this article shall not be construed to waive the requirement to obtain electrical, building or plumbing permits prior to installation of any system.

(Code 2003, § 13-1-132)

(a)

Additional standards. Wind energy conversion systems, commonly referred to as "windmills," which are used to produce electrical power, shall also satisfy the requirements of this section in addition to those found elsewhere in this article.

(b)

Application. Applications for the erection of a wind energy conversion system shall be accompanied by a plat or survey for the property to be served showing the location of the generating facility and the means by which the facility will provide power to structures. If the system is intended to provide power to more than one premises, the plat or survey shall show all properties to be served and the means of connection to the wind energy conversion system. A copy of all agreements with system users off the premises shall accompany the application. The application shall further indicate the level of noise to be generated by the system and provide assurances as to the safety features of the system. Energy easements shall accompany the application.

(c)

Construction. Wind energy conversion systems shall be constructed and anchored in such a manner to withstand wind pressure of not less than 40 pounds per square foot in area.

(d)

Noise. The maximum level of noise permitted to be generated by a wind energy conversion system shall be 50 decibels, as measured on a dB(A) scale, measured at the lot line.

(e)

Electro-magnetic interference. Wind energy conversion system generators and alternators shall be filtered or shielded so as to prevent the emission of radio-frequency energy that would cause any harmful interference with radio or television broadcasting or reception. In the event that harmful interference is caused subsequent to the granting of a conditional use permit, the operator of the wind energy conversion system shall promptly take steps to eliminate the harmful interference in accordance with Federal Communications Commission regulations.

(f)

Location and height. Wind energy conversion systems shall be located in the rear yard only and shall meet all setback and yard requirements for the district in which they are located and, in addition, shall be located not closer to a property boundary than a distance equal to their height. Wind energy conversion systems are exempt from the height requirements of this article; however, all the systems over 75 feet in height shall submit plans to the Federal Aviation Administration (FAA) to determine whether the system is to be considered an object affecting navigable air space and subject to FAA restrictions. A copy of any FAA restrictions imposed shall be included as a part of the wind energy conversion system conditional use permit application.

(g)

Fence required. All wind energy conversion systems shall be surrounded by a security fence not less than six feet in height. A sign shall be posted on the fence warning of high voltages.

(h)

Utility company notification. The appropriate electric power company shall be notified, in writing, of any proposed interface with that company's grid prior to installing the interface. Copies of comments by the appropriate utility company shall accompany and be part of the application for a conditional use permit.

(Code 2003, § 13-1-133)