Springboro City Zoning Code
CHAPTER 1277
Wind Energy Conversion Systems
1277.01 PURPOSE.
The purpose of this Chapter is to regulate private use wind energy conversion systems (referred to from this point on as WECS) for the production of electricity for use on the subject site or off-site. These regulations are established to ensure that WECS will be developed and maintained in a manner that maximizes utilization of Springboro's wind energy resources and to balance the need for clean, renewable energy while protecting the public health, safety and welfare.
(Ord. 0-15-4. Passed 2-19-15.)
1277.02 LOCATION, SETBACKS, NUMBER OF UNITS, AND HEIGHT.
(a) Zoning Districts.
(1) Roof-Mounted WECS are permitted by right in all zoning districts, provided that all of the applicable requirements of this Code are met.
(2) Tower-Mounted WECS may be permitted by right in the R-1, ED, M-1, and M-2 Districts, provided that all of the applicable requirements of this Ordinance are met.
(b) Minimum Lot Area.
(1) Roof-Mounted WECS shall have no minimum lot area.
(2) Tower-Mounted WECS shall be located on a lot with a minimum net area of 1 acre.
(c) Maximum Wind Turbine Height. The height of a WECS is the vertical distance from grade level adjacent to the base of the structure to the center of the hub of a horizontal axis WECS or the highest point of a vertical axis wind turbine.
Figure 6. Horizontal Axis and Vertical Axis Wind Turbines
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(1) Roof-Mounted WECS shall have a maximum height of 10 feet above the highest point of the roof.
(2) Tower-Mounted WECS shall have a maximum height of 20 meters (65.617 feet) on lots less than 5 acres and a maximum height of 30 meters (98.425 feet) on lots 5 acres or greater.
(d) Minimum Setbacks.
(1) Roof-Mounted WECS shall adhere to the minimum setbacks of the zoning district.
(2) Tower-Mounted WECS shall be set back from all property lines, overhead utility rights-of-way and easements, and other towers a distance equal to or greater than the height of the windmill .
(e) Number of Units. Each structure or parcel shall be limited to the construction of one WECS unit.
(Ord. 0-15-4. Passed 2-19-15.)
1277.03 LIGHTING, DESIGN AND NOISE.
(a) Lighting. WECS shall not be illuminated except as required by the Federal Aviation Administration.
(b) Structural Design. WECS shall be designed to meet all requirements of the Building Codes of the City of Springboro and all applicable state and federal regulations.
(c) Aesthetic Design. WECS shall be designed in a manner that makes them as visually unobtrusive as possible, while meeting safety requirements. To this end, towers shall be monopole. With respect to color, WECS shall be white or off-white or unpainted metal, unless other colors are required by federal regulations or unless another color is approved by the approving authority as being more effective or more appropriate in a particular instance.
(d) Signs. All installations will have a durable permanent sign warning of electric shock and identifying the manufacturer and installer with contact information for both but shall not include any off-premise advertising or any advertising for businesses or other activities located on the premises. The total area of such signs shall not exceed 2 square feet nor exceed a height of 5feet.
(e) Noise. All WECS shall comply with the noise requirements in this section. These levels may not be exceeded at any time, including short-term events such as utility outages and severe wind storms. A manufacturer's sound report shall be required with a building permit application. All noise shall meet the standards of the Noise Ordinance (Ord. 12-27, adopted 6-7-12 or succeeding ordinance).
(1) Noise Limits. No WECS located on a residential parcel shall create noise that exceeds a maximum of 35 decibels at any property line on which the WECS is located. WECS located in districts other than residential shall not create noise that exceeds a maximum of 55 decibels at any property line on which the WECS is located. Measurement of sound levels shall not be adjusted for, or averaged with, non-operating periods. Any WECS(s) exceeding these levels shall immediately cease operation upon notification by the City of Springboro and may not resume operation until the noise levels have been reduced, verified and approved by the Zoning Inspector. WECS unable to comply with these noise restrictions shall be shut down immediately and removed upon notification by the Zoning Inspector.
(f) Prohibit Climbing. The base of the tower shall be designed so it is not climbable for a distance of 12 feet, as measured from the ground.
(g) Electrical Components. All electrical components of the WECS shall conform to relevant and applicable local, state and national codes, and relevant and applicable international standards. All electrical wires associated with a WECS, other than wires necessary to connect the wind generator to the tower wiring shall be located underground.
(h) Electrical interference. No WECS shall be installed in any location where its proximity with existing fixed broadcast, retransmission, or reception antenna for radio, television, or wireless phone or other personal communication systems would produce electromagnetic interference with signal transmission or reception.
(i) Rotor Safety. Each WECS shall be equipped with both manual and automatic controls to limit the rotational speed of the blade within the design limits of the rotor. An external, manual shut-off switch shall be included with the installation. The minimum distance between the ground and any protruding blades utilized on a ground mounted WECS shall be 15 feet as measured at the lowest point of the arc of the blades.
(Ord. 0-15-4. Passed 2-19-15.)
1277.04 APPLICABILITY.
(a) General Applicability. No WECS shall be erected, enlarged or extended without conformance to the provisions of this Chapter, and other applicable regulations, as evidenced by the issuance of a Zoning Certificate by the Zoning Inspector and the issuance of a Building Permit by the Department of Building and, where required, approval by the City Planning Commission.
(Ord. 0-15-4. Passed 2-19-15.)
1277.05 APPLICATION, APPROVAL PROCESS, AND PERMIT REQUIREMENTS.
(a) Submission of Application. An application to construct or alter a WECS is subject to the regulations of this chapter and shall be submitted to the Department of Zoning as part of a Zoning Certificate application.
(b) Determination of Compliance. The Department of Zoning shall determine if the application conforms to regulations of this chapter and other applicable regulations of the City of Springboro, except for those provisions that require a determination by the City Board of Zoning Appeals and the City Planning Commission under provisions of this chapter.
(c) Referral to City Planning Commission. For proposals otherwise subject to approval by the City Planning Commission, under Chapter 1284, the Department of Zoning shall refer the application to the City Planning Commission for review and action.
(d) City Planning Commission Action. The City Planning Commission shall review any application subject to its approval under provisions of this chapter and shall determine whether the proposal meets all applicable standards established in the chapter to ensure appropriate appearance and compatibility with surrounding uses. The Commission shall take action on the application at a public meeting, subsequent to providing public notice, as provided in division (e) of this section. The Commission may require modifications to the proposal as a condition of approval. The Commission may disapprove an application if it determines that the proposed location does not meet the standards set forth in this chapter or that a suitable alternative location is available.
(e) Notice Requirements. Prior to taking action on a WECS application subject to its approval under provisions of this chapter, the City Zoning Department shall mail notices describing the proposal to all owners of property located within a distance of the proposed WECS equal to 250 feet of the property lines of subject property. Such notice shall be sent by certified mail at least 10 calendar days prior to the date of the public meeting. The Zoning Department shall also provide notice at the same time to any Councilmember who represents an area in which notices are to be mailed to property owners.
(f) Permit Issuance. A building permit shall be required for the installation of a WECS. The Department of Zoning shall issue the required permits if it determines that the application conforms to requirements of this chapter and other applicable regulations of the City of Springboro, and if it has been approved by the City Planning Commission where such approval is required. The Department of Building shall issue the required building permit(s) if it determines that the application conforms to the requirements of this chapter and other applicable regulations of the City of Springboro. (Ord. 0-15-4. Passed 2-19-15.)
1277.06 CONTENTS OF AN APPLICATION.
All applications subject to the provisions of this chapter shall be accompanied by the following information, as applicable, in addition to information required for all Building Permit applications.
(a) Ground-Mounted WECS. In addition to information required by other provisions of these Codified Ordinances, the following information shall be submitted with an application for ground-mounted and accessory structures to demonstrate compliance with the provisions of this chapter.
(1) Site Plan. A site plan of the subject property showing, property lines and physical dimensions of the property, easements, adjoining streets, the proposed WECS and any proposed and existing buildings, fencing, power lines, structures, landscaping, driveways, parking, and curb cuts on the subject property.
(2) Elevation. An elevation drawing showing the proposed WECS and all structures shown on the required site plan, indicating the height, color and materials of the tower and all proposed fencing and other structures.
(3) Lighting Plan. Where lighting of the WECS is required, a lighting plan for the proposed WECS, indicating the location, color, and intensity of the lighting, both as it will appear in daylight and at night, and indicating any mechanisms to prevent glare on adjacent properties and streets and to shield the lighting from residences, to the maximum extent feasible.
(4) Vicinity Map. For any WECS that will exceed the height limit for buildings on the subject property, a vicinity map showing the subject property and the proposed WECS and fencing in the context of all property located within a radius of 250 feet of the WECS, showing within this area, all streets and existing buildings, power lines, and significant structures and indicating the residential use of any buildings and any property zoned in Residential Districts, such map being marked with topographic contours at two-foot intervals.
(5) Color Photographs. For any WECS that will exceed the height limit for buildings on the subject property, color photographs showing the current view of the WECS site from any adjoining public street or any other street within 250 feet of the proposed WECS and from the closest groupings of residential buildings located within an area from the proposed WECS equal to a radius of 250 feet of the proposed structure, plus a second set of color photographs showing the same views with the proposed WECS superimposed to scale onto the photographs.
(6) Specifications. WECS specifications, including manufacturer and model, noise rating, rotor diameter, tower height and tower type (freestanding, etc.).
(7) Foundation. Tower foundation blueprints or drawings.
(8) Blueprint. Tower blueprint or drawing.
(b) Rooftop-mounted WECS. In addition to information required by other provisions of these Codified Ordinances, the following information shall be submitted with an application for a WECS proposed to be attached to the roof of a building or to another structure and subject to approval by the City under the provisions of this chapter.
(1) Elevation. An elevation drawing of the building or structure to which the proposed WECS will be attached, showing the placement of the WECS and indicating the color of the structure and any enclosures in relation to the surface to which it will be attached and showing the projection of the WECS from the structure, marked with all necessary dimensions.
(2) Color Photographs. Color photographs of the building or structure to which the proposed WECS will be attached, with the proposed WECS superimposed onto such photographs, showing various perspectives from which the WECS will be viewed.
(3) Specifications. WECS specifications, including manufacturer and model, noise rating, rotor diameter, mounting, height and type.
(4) Blueprints. Blueprints or drawings.
(Ord. 0-15-4. Passed 2-19-15; Ord. O-24-6. Passed 3-7-24.)
1277.07 MAINTENANCE AND ABANDONMENT.
(a) Maintenance and Monitoring. All buildings, structures, fences, and property used in connection with a WECS shall be maintained in good condition and in safe working order. On each biennial anniversary of the issuance of the Final Inspection approval for the WECS, or not more than 90 days prior to that date, the permit holder for such WECS shall submit to the Director of Building an affidavit that verifies continued operation of the WECS use and compliance with all requirements of this chapter and other applicable governmental regulations.
(b) Out-of-Service.
(1) Notice. A WECS that is not in use for a continuous 6-month period will be deemed to be out-of-service and the Zoning Inspector may issue a Notice of Out-of-Service to the owner. The owner shall have the right to respond to the Notice of Out-of-Service within 30 days from Notice receipt date.
(2) Removal. If the WECS is determined to be out-of-service, the Owner of a WECS shall remove the WECS at the Owner's sole expense within 3 months of receipt of Notice of Out-of-Service. If the Owner fails to remove the WECS, the City may pursue a legal action to have the WECS removed at the Owner's expense.
(Ord. 0-15-4. Passed 2-19-15.)
1277.08 VARIANCES.
A variance must be requested from the Board of Zoning Appeals for any construction of a WECS that does not adhere to all provisions of this chapter.
(Ord. 0-15-4. Passed 2-19-15.)
1277.09 VIOLATIONS.
It is unlawful for any person to construct, install, or operate a WECS that is not in compliance with this ordinance or with any condition contained in a building permit issued pursuant to this chapter. (Ord. 0-15-4. Passed 2-19-15.)
1277.10 ADMINISTRATION AND ENFORCEMENT.
(a) Zoning Inspector. This chapter shall be administered by the Zoning Inspector or other official as designated.
(b) Inspection. The Zoning Inspector or other official as designated may enter any property for which a zoning certificate has been issued under this ordinance to conduct an inspection to determine whether the conditions stated in the permit have been met.
(c) Abate Violations. The Zoning Inspector or other official as designated may issue orders to abate any violation of this chapter.
(d) Issue Citations. The Zoning Inspector or other official as designated may issue a citation for any violation of this chapter.
(e) Legal Counsel. The Zoning Inspector or other official as designated may refer any violation of this chapter to legal counsel for enforcement.
(Ord. 0-15-4. Passed 2-19-15.)
1277.11 SEVERABILITY.
The provisions of this chapter are severable, and the invalidity of any section, subdivision, paragraph, or other part of this chapter shall not affect the validity or effectiveness of the remainder of the chapter.
(Ord. 0-15-4. Passed 2-19-15.)
1277.12 PENALTIES.
(a) Whoever violates any provision of this chapter shall be guilty of a misdemeanor of the first degree per Chapter 1288.
(b) The City Zoning Inspector and/or the City Building Inspector shall have the right to issue and enforce a "Stop Work" order to any and all perceived violators of this chapter, a violation of which shall also be construed as a misdemeanor of the first degree.
(c) Each improper installation of a separate WECS unit shall constitute a separate offense.
(Ord. 0-15-4. Passed 2-19-15.)
(Ord. 0-15-4. Passed 2-19-15.)