The purpose of this chapter is to preserve and protect public health and safety without significantly increasing the cost or decreasing the efficiency of wind or solar energy systems; and to allow for the orderly development of land, protect property values and aesthetic conditions in accordance with the comprehensive plan and zoning ordinances of the village of Milan. This chapter does not repeal, abrogate, annul, impair or interfere with any existing ordinance. (Ord. 1542, 10-17-2011)

This chapter applies to all incorporated lands within the boundaries of the village of Milan and within a 1.5 mile radius surrounding its zoning jurisdiction. (Ord. 1542, 10-17-2011)

SOLAR ENERGY CONVERSION SYSTEM (SECS): Equipment and devices for converting solar energy into a useful form and convey it to the point of use. This may include solar collectors or panels, auxiliary devices and structures, thermal conversion and/or storage devices, and circuits or conduits for conveying such energy to the point of use.

   A.   Small SECS: A system designed to serve only the needs of a single property in the residential or suburban estate zoning classifications.

   B.   Large SECS: A system designed to serve the needs of a property in the agricultural, business or industrial zoning classifications. The total combined rating of such devices shall not exceed the peak demand of the property.

   C.   Solar Farms: An array of multiple SECS intended to produce electrical energy for sale to others usually via electrical devices and circuits.

WIND ENERGY CONVERSION SYSTEMS (WECS): Equipment and devices for converting wind energy into useful electrical energy and convey it to the point of use. This may include towers or structures, turbine/generators, auxiliary devices, and electric circuits or lines to convey the electrical energy to the point of use.

   A.   Small WECS: A system designed to serve only the needs of a single property in the residential or suburban estate zoning classifications. This shall consist of a single unit only.

   B.   Large WECS: A system designed to serve the needs of a property in the agricultural, business or industrial zoning classifications and with provisions for selling any excess generation to an electric utility company. This shall consist of no more than two (2) units, and shall have a combined rating not to exceed the peak electrical demand of the property.

   C.   Wind Farms: An array of multiple WECS intended to produce electrical energy for sale to others via an electrical transmission and distribution system. (Ord. 1542, 10-17-2011)

   Wind farms and solar farms are prohibited on any property within the Village of Milan or upon any property over which the Village of Milan has jurisdiction to enforce its zoning ordinance unless such use is authorized as a special use after public hearing and recommendation by the Planning Commission with approval by the Village Board as provided in Section 4 of Chapter 9A of Title 11 of the Milan Municipal Code.

(Ord. 1542, 10-17-2011; amd. Ord. 1785, 7-1-2024)

Detailed plans must be submitted to the village for review and approval prior to the issuing of a construction permit.

   A.   All WECS and SECS require a special use permit approved by the Milan village board upon recommendation of the planning commission. Failure to comply with any of the conditions or restrictions imposed on a special use permit shall be deemed a violation of the zoning ordinance.

   B.   Plans will be reviewed by the Milan planning commission and a public hearing will be scheduled prior to issuing a special use permit for approval of the village board.

   C.   Plans will also be reviewed by the appropriate village inspectors who will submit their comments to the planning commission and the village board. (Ord. 1542, 10-17-2011)

   A.   Location:

      1.   Small WECS shall only be permitted within residential or suburban estate zoning classifications, wherein they shall be located in rear yards behind any primary residential structure. Any roof mounted unit must be located on the rear facing side of the roof.

      2.   Large WECS shall only be permitted within agricultural, business or industrial zoning classifications, wherein they shall be located on the rear side of any primary structures, away from any public right of way.

      3.   Some locations will require consideration of FAA requirements.

   B.   Setbacks And Height Limitations:

      1.   The WECS total tower height shall be measured from the tower base to the tip of the rotor blade extended vertically.

      2.   Rooftop units shall not exceed a height of six feet (6') above the peak of the roof.

      3.   A WECS must be set back from all public and private right of way lines of the parcel on which it is located a distance 1.1 times (110 percent of) the total height, or the total height plus ten feet (10'), whichever is greater.

      4.   The distance between the ground and any blades shall be no less than twenty feet (20').

      5.   Small WECS shall not exceed a total height of fifty feet (50').

      6.   Large WECS shall not exceed a total height of one hundred feet (100').

   C.   Access: All WECS towers, including any climbing aids, shall be secured against unauthorized access by means of a locked barrier or security fence six feet (6') in height.

   D.   Electrical Circuits: All electrical circuits associated with the WECS shall be located underground or in conduits attached to the structures or towers.

   E.   Appearance:

      1.   The exterior surface of any visible components of a WECS shall be of a nonreflective, neutral color, as approved by the village.

      2.   No tower, structures or accessory buildings may be used for advertising or promotion (i.e., team logos, etc.).

      3.   Only appropriate warning signs and similar pertinent information signs will be allowed. (Ord. 1542, 10-17-2011)

   A.   Location:

      1.   Small SECS shall only be permitted within residential or suburban estate zoning classifications, wherein they shall be located in rear yards behind any residential structure. Any roof mounted unit should generally be located on the rear facing side of the roof. Solar panels will not be permitted on a front or side facing pitched roof unless they are flat against the roof surface or incorporated into the roofing surface material.

      2.   Large SECS shall only be permitted within agricultural, business or industrial zoning classifications, wherein they shall be located on the rear side of any primary structures, away from any public right of way. Solar panels may be mounted on flat roofs in business and industrial districts only.

      3.   Solar thermal systems that are incorporated into the architectural design of house or building will generally be permitted unless they violate building codes or property covenants.

   B.   Setbacks And Height Limitations:

      1.   Side yard zoning requirements shall be adhered to.

      2.   Freestanding units shall be mounted in rear yards, and shall have a maximum height of ten feet (10') above ground. They shall not shade an adjoining yard during the period of three (3) hours before until three (3) hours after the solar meridian.

      3.   Rooftop units on rear facing roofs shall not be visible from the street in front of the house or building.

      4.   Rooftop units on flat roofs in business or industrial districts shall not be higher than six feet (6') above the roof surface.

   C.   Access:

      1.   System shall be secured from climbing or unauthorized access.

   D.   Electrical Circuits:

      1.   All electrical circuits associated with the SECS shall be located underground or in conduits attached to the structures.

   E.   Appearance:

      1.   The exterior surface of any visible components of an SECS shall be of a nonreflective, neutral color, as approved by the village.

      2.   No structures or accessory buildings may be used for advertising or promotion (i.e., team logos, etc.).

      3.   Only appropriate warning signs and similar pertinent information signs will be allowed.

(Ord. 1542, 10-17-2011; amd. Ord. 1785, 7-1-2024)

A wind energy conversion system (WECS) or solar energy conversion system (SECS) that is out of service for a continuous twelve (12) month period will be deemed to have been abandoned. It shall be the responsibility of the owner to maintain these systems in operable condition at all times. At the request of the zoning administrator, the owner must demonstrate the operability of the system or show that it is under repair or maintenance and will be returned to service within the twelve (12) month period. The owner shall provide the zoning administrator with written notice of termination of operations if operation of the system is terminated.

Within six (6) months of the abandonment or termination of a WECS or SECS, it shall be completely removed by the owner. This shall include the following: removal of all structures, equipment, and aboveground improvements including accessory or storage buildings, removal of foundations, pads and underground ducts or pipes and electrical circuits to a depth of four feet (4'), removal of all hazardous material from the property and disposal of it in accordance with federal and state laws. (Ord. 1542, 10-17-2011)