Oak Harbor City Zoning Code
WIND ENERGY
SYSTEMS
§ 153.490 PURPOSE.
The purpose of this subchapter is to protect the public health and safety of its citizens and to promote an orderly land use within the village. All wind energy systems shall be a "conditionally permitted" use in all zoning districts.
(Ord. 08-2010, passed 4-19-10; Am. Ord. 09-2022, passed 12-5-22)
§ 153.491 DEFINITIONS.
As used in this subchapter:
COMMERCIAL WIND ENERGY SYSTEM. A system having more than one wind turbine and primarily used for off-site sale of generated power, and having a faceplate capacity of 100 kW or less, and shall conform to the National Electrical Code. Under no circumstance shall wind energy systems provide power to electric power energy distribution systems (power grids) other than the village municipal power system. No experimental, home-built, or prototype wind energy systems shall be allowed without certification by a professional engineer licensed by the state.
TOTAL HEIGHT. The distance measured from the natural ground elevation (not mounded) to the highest point that any part of the wind energy system can reach. Total height for roof mounted systems means the distance from the point of roof attachment to the highest point any part of the wind energy system can reach.
TOWER. An elevating structure intended to raise the rotor, turbine and accessory equipment above either the ground surface or the top of a building.
WIND ENERGY SYSTEM. A wind energy system is a system designed to reduce the on-site consumption of municipal power, and having a faceplate power capacity of 100 kW or less, and shall conform to the National Electric Code. Under no circumstance shall noncommercial wind energy systems provide power to off-site buildings, structures, uses or other electric power energy distribution systems (power grids) other than the village municipal power system. No experimental, home-built, or prototype wind energy systems shall be allowed without certification by a professional engineer licensed by the state. A wind energy system includes any or all of the following components:
(1) A turbine with propeller-style blades;
(2) A vertical rotor;
(3) Other means of capturing the energy in moving air;
(4) A tower;
(5) A mounting structure;
(6) Associated electrical distribution circuitry;
(7) A battery;
(8) Other means of storing energy;
(9) Other means of transmitting energy;
(10) Mechanical control mechanism;
(11) Electrical/electronic/computer control circuitry;
(12) A foundation;
(13) Enclosures.
WIND TURBINE. A wind energy system that converts wind energy into electric energy by means of rotary motion driven by the passage of air through the wind energy system. Wind energy systems include those models designed to be mounted on rooftops of existing or new buildings, including residential applications.
WIND TURBINE ROTOR. That portion of a wind turbine that includes the blades or scoops, hub and shaft.
(Ord. 08-2010, passed 4-19-10; Am. Ord. 09-2022, passed 12-5-22)
§ 153.492 APPLICABILITY.
(A) This subchapter applies to all wind energy systems as defined herein that are proposed to be constructed or located within the village after the effective date of this subchapter.
(B) Any wind energy system constructed or located prior to the effective date of this subchapter will not be required to meet the provisions of this subchapter, provided that any physical modifications to such pre-existing wind energy system that materially alters the size, type and number of any such wind energy systems shall be required to comply with provisions of this subchapter. Preexisting wind energy systems that are destroyed or damaged to the extent they can no further operate shall not be reconstructed except in conformity with this subchapter.
(Ord. 08-2010, passed 4-19-10; Am. Ord. 09-2022, passed 12-5-22)
§ 153.493 CONDITIONALLY PERMITTED.
A wind energy system shall be considered a "conditionally permitted use" in all zoning districts. Commercial wind energy systems shall be considered a "conditionally permitted use" in the Heavy Industrial (HI) District only.
(Ord. 08-2010, passed 4-19-10; Am. Ord. 09-2022, passed 12-5-22)
§ 153.494 PERMIT REQUIREMENTS.
(A) No wind energy system shall be constructed or located within the village unless a "conditionally permitted use" has been approved by the Board of Zoning Appeals and a permit has been issued to the applicant by the Zoning Inspector. Application for a wind energy system shall be made on the same application as used for other zoning applications. No wind energy system shall be connected to the municipal power system without a properly executed power contract or interconnection agreement.
(C) Any physical modifications to an existing and permitted wind energy system that materially alters the size, type and number of such systems shall require a new permit be issued. Like-kind replacements shall not require a permit modification.
(D) Commercial wind energy system applications shall include the identification of probable useful life of the wind energy system, as well as a decommissioning plan for the commercial wind energy system.
(E) An applicant who proposes to construct or locate a wind energy system, as defined in this subchapter, on a roof of an existing or new structure shall be required to apply for a conditionally permitted use permit.
(Ord. 08-2010, passed 4-19-10; Am. Ord. 09-2022, passed 12-5-22)
§ 153.495 WIND ENERGY ELECTRIC SYSTEM REQUIREMENTS.
(A) Generally. The wind energy system, as defined, is permitted in all zoning districts. Commercial wind energy systems are permitted only in the Heavy Industry (HI) District.
(B) Setback. The setback for a wind energy system shall be determined based upon its total height. The minimum setback shall be 1.3 times the total height from the nearest property line, public right-of-way, utility corridor, and overhead public utilities, such as fiber optic, cable, telephone or electric lines. No wind energy systems shall be permitted in front yards.
(C) Design standards.
(1) Tower design. The design of the tower, if any, shall be a single enclosed pole, which is free standing, without guy wires, or an open lattice tower. When either type of tower is employed, it shall have anti-climbing protection. A single enclosed pole shall have no climbing rungs for the first 15 feet from the foundation. A lattice tower shall have fencing or other material of sufficient height to prevent climbing of the tower.
(2) Minimum blade height. The minimum height of the lowest extent of the turbine blade shall be 30 feet above the foundation of the tower or 30 feet above any structure or obstacle within 30 feet horizontally from any part of the arc of the turbine blades.
(3) Noise. No wind energy system shall generate sounds exceeding 45 Dba as measured 100 feet from the tower or mounting base. Noise generated from these systems shall also comply with existing village noise ordinances.
(4) Visual appearance. Wind energy systems shall be finished in a corrosion-resistant, non-obtrusive finish and color that is non-reflective. No wind energy system shall be lighted, unless required by FAA. No flags, streamers, decorations or advertising signs of any kind or nature shall be permitted on any system. All systems shall have a clearly visible warning sign at the base of the system warning of "High Voltage". All access doors to the wind energy system, if any, shall be locked to prevent entry by non-authorized personnel.
(5) Electrical interconnections. All electrical interconnections and distribution electric lines shall be underground and comply with all applicable codes and requirements. Before any wind energy system may be installed, the owner shall first make application for interconnect to the village's municipal electric system with the Village Administrator's office, and also enter into a power interconnect agreement with the village. Both interconnect application and interconnect agreement forms are available from the Village Administrator. Under no circumstance shall wind energy systems provide power to off-site buildings, structures, uses or other electric power energy distribution systems (power grids) other than the village municipal power system.
(6) Signal interference. No wind energy system shall cause material interference with television or other communication signals received from abutting property owners. Once determined that the system is causing interference, the owner shall take steps to filter, reflect or block any noise causing such interference. Failure to correct the cause for interference may cause the village to terminate wind energy system use service until such time the interference is corrected.
(7) Controls and brakes. All wind energy systems with external blades shall be equipped with a redundant braking system. This includes both aerodynamic over-speed controls (including pitch, tip and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Stall regulations shall not be considered a sufficient braking system for over-speed protections.
(8) Other requirements. Wind energy systems proposed to be connected to the village's municipal power shall be net metered, and all wind energy systems shall have grid failure disconnect systems and shall adhere to R.C. § 4928.67.
(D) Permit applications. Applications for a wind energy system are available from the Village Administrator and shall include the following information.
(1) Site plan. Site plan (map view) to scale showing the location of all of the components of the proposed wind energy system and the locations of all existing buildings, structures, property lines; overhead utilities, along with distances.
(2) Elevation drawings. Elevation (side view) drawings of the site to scale showing the height, design, and configuration of the system and the height and distance to all existing structures, buildings, overhead utilities, property lines.
(3) Structural drawings and engineering analysis. Structural drawings and engineering analysis of the system tower and/or supporting structure, demonstrating adequate weight and lateral stress capacity, and a standard foundation and anchor design demonstrating adequate vertical and lateral support capacity for the soil conditions at the site. All roof top mounts and free standing tower type designs shall be certified by a registered professional engineer from the state.
(4) Specific information. Specific information on the type, size, rotor material, rated power output, performance, safety and noise characteristics of all parts of the system, including the name and address of the component manufacturers model and serial numbers of all system components and statement from the manufacturer that the system meets all applicable electrical codes.
(5) Insurance. Property owners of a wind energy system shall maintain a current liability insurance policy which will cover installation and operation of the wind energy system at all times. The liability insurance policy shall, as a minimum, include covering bodily injury and property damage with limits of at least $1,000,000 per occurrence and $1,000,000 in the aggregate. Property owner shall provide a copy of a current policy and make part of the application for a wind energy system. Annually property owner and/or wind energy system owner shall be required to re-apply for a wind energy system permit which requires proof of insurance.
(Ord. 08-2010, passed 4-19-10; Am. Ord. 09-2022, passed 12-5-22)
§ 153.496 NON-USE.
Any wind energy system which complies with the terms of this Zoning Code, but is not operable, excluding pending repair parts, shall be removed within six months. The property owner shall remove the wind energy system at their expense. Removal of the system shall include the removal of the entire structure, including foundations, transmission/inter- connect equipment, and fencing from the property. Failure to remove the system shall be deemed a violation of this subchapter and shall be handled in the same manner as other nuisances, Property Maintenance - § 93.40 of the Codified Ordinances, within the village, which requires that the failure of an owner to remove an inoperable wind energy system the village may petition the Ottawa County Municipal Court to, among other remedies, abate the nuisance, require the owner to post a cash bond totaling the estimated abatement cost, and/or file a written statement of all costs and expenses incurred by the village related to the abatement of the public nuisance with the court and submit a copy to the property owner. The property owner shall pay to the village such amount of the costs and expenses of the written statement as approved by the court within 30 days after court approval. If the property owner fails or refuses to pay the village such amount as approved by the court, then such amount shall be entered by the village upon the tax duplicate and shall be a lien upon such property from the date of entry and shall be collected as other taxes and returned to the General Fund of the village.
(Ord. 08-2010, passed 4-19-10; Am. Ord. 09-2022, passed 12-5-22)