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Metamora City Zoning Code

CHAPTER 1139

Wind Turbines

1139.01 PROCEDURE.

   Any proposed construction, erection or siting of a wind turbine generator or anemometer shall be permitted only by issuance of a Conditional Use permit in accordance with Section 1139.04.
(Ord. 759. Passed 5-19-08.)

1139.02 DEFINITIONS.

   For purposes of the regulation of residential, commercial, and industrial use of wind turbine
generators.
Accessory Structures - Structures such as sheds, storage sheds, pool houses, unattached garages, and barns.
Anemometer - An instrument that measures the force and direction of the wind.
Clear Fall Zone -An area surrounding the wind turbine unit into which the turbine and or turbine components might fall due to inclement weather, poor maintenance, faulty construction methods, or any other condition causing turbine failure that shall remain unobstructed and confined within the property lines of the primary parcel where the turbine is located at, the purpose being that if the turbine should fall or otherwise become damaged, the falling structure will be confined to the primary parcel and will not fall onto dwellings, accessory buildings, and will not intrude onto a neighboring property.
Clear Drop Zone - A requirement that the parcel where a wind turbine is located be large enough to accommodate a clear drop zone whereupon if the structure were to fall, it would not fall onto the primary residence of the property, or onto the neighboring property. Given this constraint, a minimum parcel size would not be required since this provision would in effect self-regulate the necessary parcel size.
Cowling - A streamlined removable metal that covers the turbine's nacelle (na-celle).
Ice Throw - Ice being thrown from the rotor blades. Engineering data needs to show that the set-backs and/or composition of the rotors will be sufficient enough to prevent damages from ice throw.
Nacelle - A separate streamlined metal enclosure that covers the essential mechanical components of the turbine.
Primary Structure - For each property, the structure that one or more persons occupy the majority of time on that property for either business or personal reasons. Primary structures include such as residences, commercial buildings, hospitals, and day care facilities. Primary structures exclude structures such as hunting sheds, storage sheds, pool houses, unattached garages, and barns.
Professional Engineer - A qualified individual who is licensed as a professional engineer in the State of Ohio.
Wind Power Turbine Owner - The person or persons who owns the wind turbine structure.
Wind Power Turbine Tower - The support structure to which the turbine and rotor are attached.
Wind Power Turbine Height- the distance from the rotor blade at its highest point to the top surface of the Wind Power Generating Facility (WPGF) foundation.
   (Ord. 759. Passed 5-19-08.)

1139.03 PERMITTED USE.

   Wind Turbines shall be permitted in all districts under the following conditions:
   (a)   Height. The height of any turbine shall include the tower and the maximum vertical height of the turbine's blades. The maximum height therefore shall be calculated by measuring the length of a prop at a maximum vertical rotation to the base of the tower. The maximum height of parcels one (1) to five (5) acres is 100 to 140 feet. On parcels larger than five (5) acres there will be no height restriction but, as in all areas, will require a clear fall zone.
   (b)   Setbacks. Any turbine erected on a parcel of land will need to establish a "clear fall zone" from all neighboring property lines, structures, as well as any structures on the parcel intended for the turbine. A turbine will need to be erected and placed in such a manner that if it were to fall, whatever direction the fall occurs would be contained solely on the property where the turbine is located at, and would not strike any structures including the primary dwelling, and any accessory buildings or uses.
   (c)   Aesthetics. The following provisions shall be applied to the aesthetics issue of wind turbines. The turbine, including the prop blades, turbine, cowling, and tower shall be painted or coated wither white, gray or sky blue. Logos or other identification markers other then those of the manufacturer and model type shall not be permitted anywhere on the turbine.
   (d)   Maintenance. Wind turbines must be maintained in good working order. Turbines that become inoperable for more than two (2) months must be removed by the owner within thirty (30) days of issuance of a zoning violation. Removal includes removal of the apparatuses, supports, and of other hardware associated with the existing turbine. (Ord. 759. Passed 5-19-08.)

1139.04 PERMITS.

   (a)   A permit is required before construction can commence on an individual wind turbine system.
   (b)   As part of the permit process, the applicant shall inquire with the Fulton County Planning Commission as to whether or not additional height restrictions are applicable due to the unit's location in relation to air traffic.
   (c)   Applicant shall then provide the Village Zoning Inspector with the following items and or information when applying for a permit:
      (1)   Location of all public and private airports in relation to the location of the turbine, as well as any applicable FAA restrictions that may be applicable in the area to the turbine.
      (2)   An engineering report (prepared at the applicant's expense) that shows:
         A.   The total size and height of the unit.
         B.   The total size and depth on the unit's concrete mounting pad.
         C.   An average decibel rating for that particular model.
         D.   A list and or depiction of all safety measures that will be on the unit including anti-climb devices, grounding devices, and lighting protection.
         E.   Data specifying the kilowatt size and generating capacity of the particular unit.
         F.   A scaled drawing showing the location of the unit in relation to existing structures on the property, all structures on the property identifying distances to property lines, other structures, and to the turbine unit, roads and other public right-of-ways, and neighboring properties, and the locations of and distances to neighboring structures.
         G.   Evidence of a "clear drop zone" with manufactures recommendations must be attached to the engineering report.
         H.   Color of the unit as well as the location and size of the manufacture's identifying logos shall be included in the plan.
         I.   A maintenance schedule as well as a dismantling plan that outlines how the unit will be dismantled shall be required as part of the permit.
            (Ord. 759. Passed 5-19-08.)