Leadington City Zoning Code
ARTICLE XV
Detached Solar Power System, Towers And Windmills
Section 405.1010 Permit Required.
[Ord. No. 257, 7-13-2010]
No person, partnership, corporation, limited liability company, business, or other entity shall erect or maintain within the City limits of the City of Leadington any detached solar power system, tower or wind mill as defined in Section 405.020 of this Chapter unless and until an application shall first be submitted to and a permit issued by the City in accordance with the provisions of this Article and Article XVI of this Chapter.
Section 405.1020 Application.
[Ord. No. 257, 7-13-2010]
A.
The applicant shall submit the Zoning Administrator a written application for a special use permit, which details the location and building specifications of the detached solar power system, tower or wind mill which shall also include engineering specifications for any tower or structure erected or maintained to support the tower or wind mill or to hold the detached solar power system.
B.
The detached solar power system, tower or wind mill shall comply with the height limits set forth in Article X of this Chapter.
C.
The overhead clearance of each wind mill shall be a minimum of twelve (12) feet.
D.
The detached solar power system, tower or wind mill shall have at least one (1) foot of setback from each respective property line, for each foot of height of the accessory structure.
E.
At the time of submission of such application, applicant shall have entered into and executed an "interconnection application/agreement" with AmerenUE, and shall submit written documentation of technical specifications which meet all the requirements listed in said interconnection application/agreement; provided, however, that if a wind mill is used for non-power generating purposes, an interconnection agreement shall not be required.
Section 405.1030 Lapse/Expiration Of Special Use Permit.
[Ord. No. 257, 7-13-2010]
A.
The special use permit for any detached solar power system, tower or wind mill shall automatically expire if the wind mill or detached solar power system shall be nonfunctional for a period of at least sixty (60) consecutive days, or if it shall otherwise no longer be used for its original intended purpose.
B.
Within ninety (90) days after receipt of written notice from the Zoning Administrator of the expiration of the special use permit, the owner shall remove the structure at owner's expense, and shall further provide to the Zoning Administrator a copy of owner's written notice to AmerenUE of the ower's intent to cease operations. Accessory equipment or structures shall not be removed from the premises until the detached solar power system, tower or wind mill shall first be dismantled and removed.
Section 405.1040 Nonconforming Use.
[Ord. No. 257, 7-13-2010]
Any towers, wind mills and detached solar power systems in legal operation at the same location as of the effective date of this Article shall be considered as legal nonconforming uses, so long as in continuous operation at all times hereafter, but any such existing use shall not be extended, expanded or enlarged.