Findlay City Zoning Code
CHAPTER 1156
Alternative Energy
1156.01 INTENT.
The purpose of this article is to provide regulations for the safe and effective construction and operation of Wind Energy Conversion Facilities (WECS) in the City of Findlay, subject to reasonable restrictions, which will preserve the public health and safety.
(Ord. 2023-115. Passed 12-19-23.)
1156.02 PERMITTED ZONING DISTRICTS.
(a) I-3 Innovation District.
(Ord. 2023-115. Passed 12-19-23.)
1156.03 NONCONFORMITY.
It is recognized that nonconforming structures exist and shall be regulated as set forth in Chapter 1162. (Ord. 2023-115. Passed 12-19-23.)
1156.04 USAGE.
(a) The power generated by the WECS shall primarily serve a single user at a single location.
(b) No wind turbine shall be constructed or continue to operate if it does not serve a single user at a single location.
(Ord. 2023-115. Passed 12-19-23.)
1156.05 REQUIRED SETBACKS.
(a) The minimum setback from any property line shall be the largest of: one hundred ten percent (110%) of Blade Radius, one hundred ten percent (110%) Blade Length, or fifty percent (50%) of Total System Height.
(b) The minimum setback from a residential structure that is not owned by the WECS owner or off taker shall be the greater of one hundred seventy-five percent (175%) of the total system height or 700 feet.
(c) The minimum setback from a regularly occupied structure shall be one hundred ten percent (110%) of the Total System Height.
(d) The minimum setback from all other structures shall be the greater of Blade Radius or Blade Length.
(Ord. 2023-115. Passed 12-19-23.)
1156.06 HEIGHT STANDARDS.
(a) The total WECS height shall not exceed 499 feet.
(Ord. 2023-115. Passed 12-19-23.)
1156.07 DESIGN STANDARDS.
(a) Access. No tower shall have a climbing apparatus within fifteen feet (15’) of the ground. All access doors or access ways to towers and electrical equipment shall be able to be locked. If climbing access to the turbine is less than twelve feet (12’) from the ground, then fencing shall be required around the base of the WECS.
(b) Noise. A WECS shall have a Sound Power Level warranted or guaranteed by the Manufacturer of less than or equal to 107 dBa. In no event shall the WECS exceed the noise restrictions for the zoning area in which it is located.
(c) Certifications. A WECS shall be certified to meet the requirements of the American Wind Energy Association Small Wind Turbine Performance and Safety Standard (AWEA Std 9.1- 2009) or IEC 61400 by an independent association including ETL, CSA, UL, Small Wind Certification Council, DNV, TUV, NORD, or other nationally recognized testing agency.
(d) Visual Appearance. WECS towers shall be monopole and not lattice. Wind turbines and towers shall be white, off white or unpainted metal, should be corrosion resistant, and have a non-obtrusive and non-reflective finish.
(e) Electric Collection Lines. All electrical interconnection or distribution lines shall predominantly be underground.
(f) Electrical Interconnections. All electrical interconnection shall comply with Ohio Administrative Code “Chapter 4901:1-22 Interconnection Services” as amended. Lighting: WECS shall not be illuminated except as required by the Federal Aviation Administration (FAA).
(g) Signage. A sign or signs shall be posted on the tower, transformer, and substation warning of high voltage. Signs with emergency contact information shall also be posted on the
turbine or at another suitable point.
(Ord. 2023-115. Passed 12-19-23.)
1156.08 TERMINAL WECS.
(a) The owner shall provide written notice of permanently ceasing operation of a WECS within thirty (30) days to the Zoning Inspector.
(b) A WECS that fails to operate as originally intended for one hundred eighty (180) consecutive calendar days shall be considered terminal and shall be removed within ninety (90) days of becoming terminal. The City shall provide written notice to the owner that the WECS is considered terminal. If the owner returns the WECS to operation as originally intended within ninety (90) days of received notice from the City, the WECS shall no longer be considered terminal and may continue to operate as originally intended. If the owner fails to remove the terminal WECS, the City shall have the right to publicly auction off the removal work, perform the work, and encumber the cost against the property.
(Ord. 2023-115. Passed 12-19-23.)
1156.09 SOLAR POWER.
1156.10 PERMITTED ZONING DISTRICTS.
(a) Accessory Solar Energy Systems.
(1) Building Mounted – Permitted in all zoning districts.
(2) Ground Mounted – Conditional Use in all zoning districts.
(3) Subordinate use to the primary use of the property.
(b) Principal Solar Energy Systems.
(1) Medium-Scale Solar Energy System (1750 – 40,000 sq. ft.) – Permitted in C2, I1, I2.
(2) Large-Scale Energy System (greater than 40,000 sq. ft.) – Permitted in I1, I2. Conditionally permitted in C2.
(3) Solar energy generation is the primary use of the property and shall not be building mounted.
(Ord. 2023-115. Passed 12-19-23.)
1156.11 PLAN APPROVAL REQUIRED.
All solar energy systems shall require a zoning permit. Applications for permits shall include, at a minimum, the following:
(a) A site plan showing:
(1) Property lines and physical features, including roads, for the project site;
(2) Proposed changes to the landscape of the site, grading, vegetation clearing and planting, exterior lighting, screening vegetation or structures; and
(3) Blueprints or drawings of the solar energy system showing the proposed layout of the system, any potential shading from nearby structures, the distance between the proposed solar collector and all property lines and existing on-site buildings and structures, the tallest finished height of the solar collector, placement of panels on a structure.
(b) Documentation of the major system components to be used, including the panels, mounting system, and inverter.
(1) Proof of compliance with applicable industry standards, including those of the American National Standards Institute (ANSI), Underwriters Laboratories (UL), the American Society for Testing and Materials (ASTM), or other similar certifying organizations;
(2) Proof of compliance with the Ohio Building Code and with all other applicable fire and life safety requirements; and
(3) Manufacturer Specifications.
(c) Utility Notification.
(1) The owner of the small solar energy system shall provide written authorization that the public utility company has been informed of the customer's intent to install an interconnected customer-owned generator and also approves of such connection.
(2) Off-grid systems shall be exempt from this requirement.
(Ord. 2023-115. Passed 12-19-23.)
1156.12 SITE DESIGN REQUIREMENTS.
(a) Accessory Solar Systems.
(1) Mounting.
A. Building Mounted.
i. Whenever practical, all accessory solar energy systems shall be attached to a building.
ii. Pitched Roofs
(a) Shall be flush-mounted, or as long as it matches the slope of the roof, shall have a maximum tilt of no more than five percent (5%) steeper than the roof pitch on which it is mounted.
iii. Flat Roofs
(b) May be installed at any angle.
(c) Shall be shielded from the ground level perspective.
iv. Shall not extend the perimeter (or edge of roof) of the structure on which it is located
v. May be mounted to a principal or accessory structure
vi. Combined height of solar energy system and structure to which it is mounted may not exceed the maximum building height allowed in that zoning district for the type of structure to which it is attached.
B. If not designed to be attached to the building, the applicant shall demonstrate by credible evidence that such systems cannot feasibly be attached to a building due to structural limitations of the building.
C. The preferred ground mounted surface is vegetated with stone/gravel splash pads under panel dripline.
(2) Glare Control. Accessory solar energy systems shall be designed and located in order to prevent reflective glare toward any inhabited structure on adjacent properties as well as adjacent street rights-of-way.
(3) Height Restrictions.
A. Building Mounted - For purposes for the height measurement, solar energy systems shall be considered to be mechanical devices and subject to the restrictions of Section 1161.04.
B. Ground Mounted – Shall not exceed the maximum accessory structure height within the underlying district.
(4) Setback.
A. Building Mounted – The accessory solar energy system shall not extend beyond the exterior perimeter of the building on which the system is mounted.
B. Ground Mounted – No portion of the solar energy system shall extend past the front boundary of the primary structure and must adhere to the setback requirements of the underlying district.
(5) Screening.
A. In all cases, the accessory solar system shall be concealed from view to the extent possible without reducing their efficiency.
B. Building Mounted –
i. Roof penetration is preferred to conceal supply/return heating/cooling water lines and/or electrical wiring from public visibility.
ii. Exposed supply/return heating/cooling lines shall be permitted provided: the covering insulation is colored to match that of the roof and wall surfaces to which they are attached and eave penetration is used for perpendicular descent of heating/cooling lines from the roof to exterior building wall surfaces.
C. Ground Mounted - Fences, walls, and/or landscaping shall be utilized to screen the solar energy system from view, particularly from roadways and abutting residential properties.
(b) Principal Solar Energy Systems.
(1) Height – Shall not exceed the maximum structure height within the underlying district.
(2) Setback – Shall adhere to the setback requirements of the underlying district.
(3) Screening
A. All mechanical equipment of principal solar energy systems including any structure for batteries or storage cells, shall be completely enclosed by a minimum six (6) six foot (6’) high fence with a self-locking gate, and provided with screening in accordance with Section 1161.07.
(4) Utilities.
A. Underground - All on-site utility and transmission lines shall be placed underground, to the extent feasible.
B. Substations or similar electrical systems shall be considered an accessory use to Principal Solar Energy Systems and do not require separate review.
(5) Signage.
A. A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations.
B. A sign shall be required to identify the owner and provide a twenty-four (24)-hour emergency contact phone number.
C. Solar energy systems shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the solar energy system.
(6) Lighting.
A. Lighting of Principal Solar Energy systems shall be consistent with local, state, and federal law.
B. Lighting of other parts of the installation shall be limited to that required for safety and operational purposes, and shall be reasonably shielded from abutting properties.
C. Where feasible, lighting of the solar energy system shall be directed downward and shall incorporate full cut-off fixtures to reduce light pollution.
(7) Decommissioning – The applicant agrees to the following as conditions of the land use permit:
A. If the applicant ceases operation of the energy project or begins, but does not complete, construction of the project, the applicant shall restore the site according to a plan approved by the City Planning Commission.
B. The Principal Solar Energy Production Facility owner is required to notify the City of Findlay immediately upon cessation or abandonment of the operation. The owner shall be responsible for the removal of the facility within six (6) months from the date the applicant ceases use of the facility or the facility becomes obsolete. The owner shall then have twelve (12) months in which to dismantle and remove the Solar Energy Production Facility from the property.
C. At the time of issuance of the permit for the construction of the Large Solar Energy Production Facility, the owner shall provide financial security in form and amount acceptable to the City of Findlay to secure the expense of dismantling and removing said structures.
(Ord. 2023-115. Passed 12-19-23.)