El Paso City Zoning Code
ARTICLE XVII
Wind Energy Systems
§ 315-116 Authority and applicability.
This article is adopted pursuant to the powers granted and limitations imposed by the Constitution and laws of the state, including the statutory authority granted in 65 ILCS 5/11 13 26. Unless otherwise expressly stated herein, the provisions of this subchapter apply to all property within the City's zoning jurisdiction, and within the unincorporated 1 1/2 mile radius surrounding the City's zoning jurisdiction. Should any provision contained in this article conflict with any provision contained elsewhere in the City's zoning ordinance or City Code, the provisions in this article shall control as to the regulation of wind energy systems.
§ 315-117 Purpose and intent.
A.
To establish reasonable and uniform regulations for the location, installation, operation, maintenance, and decommissioning of both small electricity-generating wind devices for self-consumption and larger wind energy conversion systems;
B.
To assure that any development and production of wind-generated electricity in and around the City is safe and to minimize any potentially adverse effects on the community;
C.
To promote the supply of sustainable and renewable energy resources, in support of national, state and local goals;
D.
To facilitate energy cost savings and economic opportunities for City residents and businesses; and
E.
To exercise regulatory authority pursuant to the authority granted by the Illinois Municipal Code, 65 ILCS 5/11-16-26, et seq.
§ 315-118 Definitions.
To the extent any definition contained in this article conflicts with any definition or term contained elsewhere in the City's zoning ordinance or City Code, the definition in this article shall control as to the regulation of wind energy systems. For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
Any wind energy system that has not been repaired to operational condition within 90 days after falling out of operational condition.
The all-encompassing sound at a given location, usually a composite of sounds from many sources near and far. For the purpose of this chapter, the ambient sound level shall mean the quiescent background level, that is, the quietest of ten-second average sound levels measured when there are no nearby or distinctly audible sound sources (e.g., dogs, cars in line-of-site, or jets). Daytime ambient measurements should be made during mid-morning, weekday hours while nighttime measurements should be made after midnight
The owner, who is in the process of submitting or has submitted an application to install a small wind energy system (SWES) project in the City.
The hours of the day from 7:00 a.m. to 10:00 p.m., local time.
The length of any rotor, or blade, as measured from the tip of the rotor to the center of the turbine multiplied by two.
Any area which is:
Any WECS which is or may be located within the extraterritorial jurisdiction.
An educational facility, golf course, sports arena, religious institution, athletic field, or publicly owned property, provided that, said term shall exclude parks and cemeteries whether publicly or privately owned.
The amount of energy produced from a wind energy system at maximum or optimum speeds within one hour, as indicated by the manufacturer.
The time of day after 10:00 p.m. until 7:00 a.m., local time.
A property that is not owned by the owner of a property on which a small wind energy system is proposed or installed.
Wind energy system facilities being capable of operating at full capacity while meeting all sound, shadow flicker and other ordinance provisions, regulations and permit conditions.
Any person or entity responsible for the day-to-day operation and maintenance of a WECS.
The person(s) who hold(s) title of the property on which a SWES facility is installed, or any person(s) or entity having an equity interest in a WECS.
Land, buildings or structures owned by any governmental body or public agency, including City, county, state or federally owned properties, other than public rights-of-way.
The on-and-off strobe light effect caused by the shadow of moving blades cast by the sun passing above a wind energy system turbine. Shadow flicker intensity is defined as the difference or variation in brightness at a given location in the presence and absence of a shadow.
The area covered by moving blades of a wind energy system turbine, as viewed from the front elevation, described in square feet.
Any wind energy conversion system consisting of a single wind turbine having a maximum generating capacity of 100 kw, which is intended to generate energy for any contiguous property primarily for the use or consumption on that property and not to exceed 45 feet in height.
Wind energy systems that are freestanding, or structurally attached either onto the roof or to the side of a building, not exceeding 45 feet in height above the ground.
The A-weighted sound pressure in decibels (dB) (or the C-weighted level if specified) as measured using a sound level meter that meets the requirements of a Type 2 or better precision instrument according to ANSI S1.4. The "average" SOUND LEVEL is time-averaged over a suitable period (e.g., one minute) using an integrating sound level meter that meets the requirements of ANSI S12.43.
The reflection of sunlight off a surface of the blades, tower or other component of a wind energy system.
The structure on which a wind energy system is mounted.
A wind energy conversion system tower consisting of a single pole, constructed without any guy wires or anchors.
The parts of a wind energy system, including the blades, nacelle and tail.
A device that converts wind energy into electricity through the use of either a horizontal or vertical axis wind turbine generator, and includes the nacelle, rotor, tower, and pad transformer, if any.
The height of a freestanding wind energy conversion system must be measured at a distance from the ground level to the highest point on the tower, including the vertical length of any extension such as the rotor blade. The height of a building-mounted wind energy conversion system shall be measured as the distance from the point where the base of the system is attached to the building or to the lowest point in the wind energy conversion system, whichever is closer to the ground, to the highest point on the wind energy conversion system, including the vertical length of any extensions such as the rotor blade.
An electric generating facility, whose main purpose is to supply wind-generated electricity, consisting of one or more wind turbines and other accessory structures and buildings, including substations, meteorological towers, electrical infrastructure, transmission lines and other appurtenance structures and facilities; but excluding small wind energy conversion systems.
A wind energy conversion system located on a building.
A wind energy production, conversion and distribution system consisting of a wind turbine, tower, and associated electronics equipment.
Any wind energy conversion system other than a small wind energy conversion system as defined in this article.
§ 315-119 Small electricity-generating wind devices for self-consumption.
A.
Indemnification. The owner of the SWES project shall defend, indemnify and hold harmless the City and its officials from and against any and all claims, demands, losses, suits, causes of action, damages, injuries, costs, expenses and liabilities whatsoever including attorney fees arising out of the acts or omissions of the owner concerning the operation of the SWES project without limitation, whether said liability is premised on contract or on tort.
B.
Requirements.
(1)
Permit application requirements.
(a)
Zoning districts. One SWES shall be allowed on a lot as a permitted use in any zoning district within the City and within the unincorporated 1 1/2 mile radius of the City, provided that all building permit requirements and general regulations are met, as provided in the City code of ordinances, including in this article of the City's zoning ordinance. A special use permit shall be required for any additional SWES on a lot.
(b)
Project proposal.
[1]
A permit application shall include the name, address, and phone number of owner and applicant; photographs of the proposed location of the SWES; a project summary including the manufacturer information and number of proposed turbines; and a front elevation depiction showing the location and proposed height of the top of the turbine, including distances related to setback provisions contained herein.
[2]
The permit application shall also provide proof of the following, through documentation such as a guarantee from the manufacturer or an engineer, or other documentation that reasonably satisfies the Zoning Officer:
[a]
The SWES is designed to withstand a minimum wind velocity of 100 miles per hour, with an impact pressure of 40 pounds per square foot;
[b]
The SWES conforms to all applicable industry standards, including those of the American National Standards Institute (ANSI). Applicants shall submit certificates of design compliance that equipment manufacturers have obtained from underwriters laboratory (UL), National Renewable Energy Laboratories (NREL), Det Norske Veritas (DNV), Germanischer Lloyd (GL), or an equivalent third party;
[c]
Proposed SWES facilities are equipped with automatic and manual braking systems;
[d]
Proof of homeowner or business liability insurance, covering the SWES, as appropriate; and
[e]
Approval letter from the local electric utility company, if the system is to be tied to the energy grid.
(2)
Additional installation and use regulations.
(a)
Installation.
[1]
SWES facilities must be installed according to manufacturer specifications.
[2]
SWES devices may be free-standing or structurally attached either on the roof or side of a building.
[3]
Electrical connections must be made by a licensed electrician.
[4]
SWES facilities may be located on accessory buildings or structures, provided that all setback and other regulations are satisfied.
(b)
Height. SWES facilities may extend up to a height of 45 feet above the ground (at their highest point, including the top of the blade), whether or not they are mounted on a building. The blade tip, at its lowest point, shall have a ground clearance of at least 10 feet.
(c)
Sound levels.
[1]
The average sound level from a SWES shall not exceed 55 dB(A) during daytime hours or 45 dB(A) during nighttime hours at any point within residential districts or residentially zoned or used property neighboring the SWES. For neighboring industrial properties the sound level limit is 65 dB(A) and for other neighboring nonresidential properties, the sound level limit is 60 dB(A) at any time of the day.
[2]
Sound level meters used for sound measurement must be a Type 2 or better grade per ANSI S1.4 and must have an integrating feature that meets ANSI S1.43. Procedures must meet the applicable portions of ANSI S12.9. Measurements must be made when ground level winds do not exceed five miles per hour.
[3]
The City may require, at the owner's expense, field tests or sound propagation modeling, conducted by or supervised by an acoustics specialist certified by the Institute of Noise Control Engineering as may be necessary, to determine whether a violation of said sound regulations is occurring or has occurred. The owner shall promptly remedy any such violations or discontinue operation. The City shall have discretion as to whether to require such a test, and shall not be required to do so simply because a resident or neighbor requests that it be done.
(d)
Shadow flicker. The SWES shall be positioned such that a shadow flicker will not fall on any window of an existing residential dwelling of a nonparticipating property for more than one hour a day. The owner may commit to a schedule for turning SWES turbines off during period when shadow flicker would so affect any nonparticipating property. Subsequently constructed or modified residences shall not compromise the existing approval and operation of the SWES, subject to the applicable regulations.
(e)
Tower type. In residential districts, the type of tower a wind turbine may be mounted on shall be restricted to a monopole tower.
(f)
Silhouette. The diameter of the SWES shall not exceed 20% of the width of the building's front elevation for residentially zoned or used property, or for property abutting residentially zoned or used properties.
(g)
Color and sun glint. SWES facilities shall be finished in a neutral color, as approved by the Zoning Officer. The finish shall be flat or matte, so as to reduce incidence of sun glint. The required coloration and finish shall be maintained throughout the life of the system.
(h)
Electronic interference. SWES facilities shall not operate so as to cause electromagnetic degradation in performance of microwave, television, radio, internet, or other wireless transmissions, including public emergency communications systems, contrary to Federal Communication Commission (FCC) rules or other state or local laws.
(i)
Signage. No SWES may have any advertising material, writing, picture, flags, decorations or signage, other than warning information or manufacturer identification.
(j)
Energy production. The primary purpose of the SWES shall be the production of energy for local distribution and consumption. SWES facilities shall not be constructed for the sole purpose of energy production for wholesale or retail sale purposes. It is permissible to sell excess energy that is produced by a SWES to the local electric utility company.
(k)
Setbacks. All parts of the structure of the SWES shall be set back a distance equal to or exceeding 1.1 times the height of the SWES, as measured from its base (where mounted) and extending to the furthest point of the SWES, whether such extension is vertical, horizontal or diagonal, from all adjacent property lines, road rights-of-way, transmission lines and communication towers.
(3)
Maintenance and decommissioning.
(a)
Maintenance. SWES facilities shall be maintained in operational condition at all times, except for reasonable maintenance and repair outages. Should a SWES fall from operational condition, or should any part of the SWES become damaged, or should a SWES violate a permit condition or this article, the owner shall cease operations immediately and remedy the condition promptly.
(b)
Decommissioning.
[1]
If a SWES has not been in operational condition and has been abandoned as defined by this article, the City's Zoning Officer shall notify the owner of the finding of abandonment. The owner shall remove all SWES structures within 90 days of receipt of the finding of abandonment.
[2]
If such abandoned facility is not removed within 90 days, the City may remove all structures at the owner's expense. In the case of such removal, the City has the right to file a lien against the property for reimbursement, following reasonable notice to the owner, to pay for the removal of the facility/facilities. Any and all expenses incurred by the City as part of this effort, which include without limitation, facility removal costs, attorney's fees, accrued interest and recording costs may be sought after by the City.
[3]
Upon removal, the site shall be restored to its original pre-construction condition, determined by a review of the photos presented with the project proposal.
(4)
Historic districts and landmarks. SWES facilities within a local historic district or landmark, a state historic district or landmark or a national historic district of landmark must receive a recommendation from the Board of Zoning Appeals and approval by the City Council prior to any permit being issued for said facility/facilities. Approval letters from the state or nationally recognized historic preservation agencies may be required.
§ 315-120 Wind energy conversion systems.
A.
Site requirements.
(1)
No wind energy conversion systems, apart from small wind energy systems (as regulated in § 315-119), shall be permitted in residentially zoned districts.
(2)
Wind energy conversion structure height and rotor blade diameter restrictions. The height of a wind energy conversion structure and the diameter of the rotor blade shall not exceed the following restrictions for various uses and zoning districts. The height of a wind energy conversion structure shall be measured from ground level to the top of the highest point extended.
[Amended 8-7-2023 by Ord. No. 1068]
(a)
For any use that is located in a nonresidential district and located within 1,000 feet of the boundary of a lot zoned or planned for residential land use, the maximum height of a wind energy conversion structure shall be 100 feet and the maximum diameter of the rotors or blades shall be 50 feet. For any use that is located in a nonresidential district and more than 1,000 feet away from any boundary of a lot zoned or planned for residential use, the maximum height of a wind energy conversion structure shall be 175 feet, and the maximum diameter of the rotors or the blades shall be 100 feet.
(3)
Setback requirements for wind energy conversion structures. The minimum setback from the property line for any wind energy conversion structure shall be the total height of said structure measured from ground level.
(4)
Noise. No wind energy conversion system of combination of wind energy conversion systems on a single parcel shall create noise that exceeds the regulatory standards set by the Illinois EPA Pollution Control Board at any property line where the property on which the wind energy conversion system is located. Measurement of sound levels shall not be adjusted for, or averaged with, nonoperating periods. Any wind energy conversion system exceeding this level shall immediately cease operation upon notification by the Mayor or Mayor's designee and may not resume operation until the noise levels have been reduced in compliance with the required standards and verified by an independent third-party inspector.
(5)
Multiple wind systems.
(a)
Multiple wind systems may be allowed if they meet all regulations as required in this section.
(b)
The number of wind turbines on any given parcel of land shall be limited to:
(c)
There shall be no limit to the number of wind energy conversion structures for parcels of land having an area greater than 10 acres.
(6)
Force wind standards. Wind energy conversion systems must be engineered to withstand wind forces of up to 110 miles per hour.
(7)
Removal of nuisance wind systems or turbines.
(a)
The wind energy conversion system or individual turbine is hereby declared to be a public nuisance if it has been inoperable to generate any electricity for 180 or more consecutive days.
(b)
Upon receipt of written notice from the Mayor or the Mayor's designee that a wind energy conversion system or individual wind turbine has become a public nuisance as defined in Subsection A(1), above, the owner of a wind energy system or individual turbine to operational condition and operation for the generation of electricity or remove it from the property, provided that in the event the Mayor or Mayor's designee determines that, because of its condition, the WECS or individual turbine poses a great and immediate threat to the public health, safety, or welfare, then the City may remove the structure(s) that specifically pose such a great and immediate threat without any prior notice to said owner, assess the owner for all costs incurred and said removal and file a lien for said costs in the manner provided herein.
(c)
A written notice of public nuisance described herein may be personally delivered to the owner or authorized agent of the WECS in question, or delivered by first class U.S. mail. A written notice delivered by first class U.S. mail shall be deemed received by said owner three business days after its deposit in the U.S. mail system.
(d)
The failure of any owner to comply with the requirements to either restore to operation or remove a public nuisance WECS or individual turbine as provided herein shall be determined a violation of this Zoning Code and shall be deemed implied consent by said owner to the City to remove, or hire someone else to remove said wind system or individual turbine, as the case may be, and to charge said owner for the entire cost of said removal. Said cost of removal incurred by the City shall be deemed a lien against the property and the City shall be authorized to file a notice of said lien in the Office of the Recorder of Deeds for the cost of removing the wind energy conversion system. Removal of a wind energy conversion system that constitutes a public nuisance shall include removal of the turbines, and any above-ground improvements, including fencing.
(e)
The City may foreclose upon any lien for removal costs as provided herein in accordance with the procedures for foreclosure of a mortgage in the Illinois Mortgage Foreclosure Law, 735 ILCS 5/15-1101 et seq.
(8)
Signage. Commercial marking, messages, banners, or signs of any kind on the wind energy conversion system or tower shall be prohibited.
(9)
Tower access. The tower shall not be accessible for climbing. No rungs shall be provided for the first 12 feet of the tower and the climbing apparatus shall be covered. Other approved preventative measures may be applicable.
(10)
Color. The exterior color of the wind energy conversion system shall be limited to black, white, off-white and gray and the surface shall be nonreflective.
(11)
Lighting. No lights shall be installed on the tower, unless required to meet FAA regulations.
(12)
Permit for extraterritorial wind energy conversion systems. An application to site and construct an extraterritorial WECS shall be considered by the City in the same manner as if the applicant had submitted an application for the placement of a WECS within the corporate limits of the City. The applicant, facility owner, operator and any participating landowner with respect to any approved application for an extraterritorial WECS shall be subject to the terms and conditions of this code and any approving ordinance or resolution in the same fashion and to the same extent as if the WECS were located within the corporate limits of the City.
(13)
Shadow flicker.
(a)
Wind conversion energy systems shall be designed and located to minimize the shadow flicker. Shadow flicker expected to fall on a roadway or a neighboring residential structure shall be acceptable under the following circumstances:
[1]
The flicker, assuming sunlight will not be obscured by cloud cover during the entire course of the year, will not fall on the location of concern for more than 30 hours per year; and
[2]
With regards to flicker falling on roadways, the traffic volumes are less than 500 vehicles per day on the roadway.
(b)
The applicant shall provide a shadow flicker model for any wind energy conversion system over 150 feet tall. The shadow flicker model shall demonstrate that the wind energy conversion system meets the stated provisions.
(14)
Vibrations. The wind energy conversion structure shall not cause any vibrations detectible by persons without the aid of scientific instruments on any adjacent property.
(15)
Minimum ground clearance. The blade tip of a wind energy conversion system, at its lowest point, shall have a ground clearance of no less than 20 feet.
(16)
Electromagnetic interference.
(a)
The wind energy conversion system shall not cause any electromagnetic interference with any radio, television, microwave communication or satellite navigation on other properties.
(b)
If the wind energy conversion system is found to cause electromagnetic interferences on other properties, the owner shall make any necessary and reasonable changes to the wind energy conversion system within 90 days of notice from the Zoning Administrator, including removal or relocation of the wind energy conversion system to eliminate any electromagnetic interference.
(17)
Proposed wind energy conversion systems.
(a)
Proposed wind energy conversion systems which exceed 45 feet in height shall be required to submit a special use permit in compliance with this chapter.
(b)
The proposed special use permit shall meet the following findings of fact.
[1]
The proposed wind energy conversion system is designed, located, and proposed to be operated so that it will not be unreasonable injurious or unreasonably detrimental to the district in which it may be located or otherwise injurious to the public welfare. It shall be the applicant's burden to submit evidence to demonstrate the anticipated impacts of the proposed wind energy conversion system.
[2]
Other than height regulations in this article, the proposed use conforms to all the applicable regulations and standards of the district in which it shall be located.
[3]
The proposed use is consistent with the Comprehensive Plan.
(c)
The issuance of a special use permit for a wind energy conversion system shall only be allowed in the I-Industrial Zoning District or extraterritorial jurisdiction. A special use permit for a wind energy conversion system may be permitted in the extraterritorial jurisdiction only in areas that are 1,500 feet away from any residential land use or areas planned for residential land uses by the Comprehensive Plan and its subsequent amendments and updates.
(d)
The applicant shall submit the following documentation as part of the special use permit application:
[1]
A noise study, as prepared by a qualified professional, demonstrating that except for intermittent episodes, the wind energy conversion system shall not emit noise in excess of the limits established by the Illinois EPA Pollution Control Board.
[2]
A description and map of the project's noise producing features, including the range of noise levels expected and the basis of the expectation.
[3]
A description and map of the noise sensitive environment, including any sensitive noise receptors, such as, residences, hospitals, libraries, schools, places of worship, parks, areas with outdoor workers and other facilities where quiet is important or where noise could be a nuisance within 1,000 feet.
[4]
A description and map of the cumulative noise impacts of any problem area defined.
[5]
A description of the project's proposed noise control features and specific measures proposed to mitigate noise impacts for sensitive receptors as identified above to a level of insignificance.
[6]
A shadow flicker model that demonstrates that shadow flicker shall not fall on, or in, any existing residential structure and that establishes that shadow flicker expected to fall on a roadway or a portion of a residentially-zoned parcel may be acceptable if the flicker does not exceed 30 hours per year at the location of concern; and the flicker will fall more than 100 feet from any residence; or the traffic volumes are less than 500 vehicles on the roadway that is impacted by the flicker. The shadow flicker model shall:
[a]
Map and describe within a 1,000-foot radius of the proposed dispersed wind energy system the topography, existing residences and location of their windows, locations of other structures, wind speeds and directions, existing vegetation and roadways. The model shall represent the most probable scenarios of wind constancy, sunshine constancy and wind directions and speed;
[b]
Calculate the locations of shadow flicker caused by the proposed project and the expected durations of the flicker at these locations, calculate the total number of houses per year of flicker at all locations; and
[c]
Identify problem areas where shadow flicker will interfere with existing and future residences and roadways and describe proposed mitigation measures, including, but not limited to, a change in siting of the wind energy conversion system, a change in the operation of the wind energy conversion system, or grading or landscaping mitigation measures.
B.
Permit application fee. The permit application fee of $100 is hereby established and payable to the City for each wind turbine to be erected.
C.
Penalty.
(1)
Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to Article IV, entitled "General Penalty," of the City Code.
(2)
Any person who shall violate or refuse to comply with any of the provisions of this chapter shall be subject, upon conviction thereof, to a fine of not more than $200, or imprisonment of not more than six months, for each offense. Each day that a violation is permitted to exist shall constitute a separate offense.