The intent of this chapter regarding wind energy conversion systems is to:

A.

Provide regulations for the construction and operation of wind energy conversion systems in the City of Streator.

B.

Provide regulations to facilitate the development of wind energy conversion systems, while protecting adjacent land uses from adverse noise, visual, and other negative impacts that may be associated with a wind energy conversion system.

C.

Facilitate the development of low impact, sustainable energy sources within the City of Streator and its jurisdiction.

(Ord. No. 2010/11-24, § 1, 4-20-11)

Unless otherwise specifically provided, or unless clearly required by the context, the words and phrases defined in this section shall have the meaning indicated when used in this chapter. If a word or phrase is not defined in this section, the definitions contained in Title 1 or Title 17 of this Code shall apply.

"Diameter, rotor" shall mean the length of any rotor, or blade, as measured from the tip of the rotor to the center of the turbine multiplied by two.

"Facility owner" shall mean any person or entity having an equity interest in a WECS.

"Institutional use" shall mean an educational facility, golf course, sports arena, religious institution, athletic field or publicly owned property, provided that, said term shall exclude parks and cemeteries whether publicly or privately owned.

"Operator" shall mean any person or entity responsible for the day-to-day operation and maintenance of a WECS.

"Publicly owned property" shall mean land, buildings or structures owned by any governmental body or public agency including city, county, state or federally owned properties, other than public rights-of-way.

"Shadow flicker" shall mean the moving shadows or shaded areas which are cast by rotating turbine blades.

"Wind energy conversion system height" shall mean the height of a freestanding wind energy conversion system to be measured as the distance from the ground level to the highest point on the tower, including the vertical length of any extensions such as the rotor blade. The height of a building mounted wind energy conversion system shall be measured as the distance from the point where the base of the system is attached to the building or the lowest point on the wind energy conversion system, whichever is closer to the ground, to the highest point on the wind energy conversion system, including the vertical length of any extensions such as the rotor blade.

"Small wind energy conversion system or small WECS" shall mean any wind energy conversion system consisting of a single wind turbine having a maximum generating capacity of one hundred (100) kw.

"Tower, monopole" shall mean a wind energy conversion system tower consisting of a single pole, constructed without guy wires and anchors.

"Wind energy conversion system or WECS" shall mean an electric generating facility other than a small WECS, whose main purpose is to supply wind-generated electricity, consisting of one (1) or more wind turbines and other accessory structures and buildings, including substations, meteorological towers, electrical infrastructure, transmission lines and other appurtenant structures and facilities.

"Wind energy conversion structure or wind turbine" shall mean a device that converts wind energy into electricity through the use of either a horizontal or vertical axis wind turbine generator, and includes the nacelle, rotor, tower and pad transformer, if any.

"Wind energy conversion system, building mounted" shall mean a wind energy conversion system located on a building.

"Wind farm" means any wind energy conversion system other than a small wind energy conversion system as defined in this division.

(Ord. No. 2010/11-24, § 1, 4-20-11)

In addition, to meeting any other applicable requirements in this Code, wind energy conversion systems shall be constructed in accordance with the restrictions set forth in this section:

A.

Wind Energy Conversion Structure Height and Rotor Blade Diameter Restrictions. The height of a wind energy conversion structure and the diameter of the motor blade shall not exceed the following restrictions for various uses and zoning districts. The height of a wind energy conversion structure shall be measured from ground level to the top of the highest blade at the highest point extended.

1.

For Single and Two-Family dwellings, Multi-Family dwellings, and Non-Residential uses within the R1A, R1B, R2, R3, R3MD, AG, RE, C1, C2, C3, CBD, M1, and M2 Zoning Districts the maximum height of a wind energy conversion structure, shall not exceed one hundred (100) feet. The maximum diameter, as measured from the tip of the rotor or blade to the center of the turbine multiplied by two, shall not exceed fifty (50) feet.

2.

For any use that is located in a non-residential district and located within one thousand (1,000) feet of the boundary of a lot zoned or planned for residential land use, the maximum height of a wind energy conversion structure shall be one hundred (100) feet and the maximum diameter of the rotors, or the blades, shall be fifty (50) feet. For any use that is located in a nonresidential district and more than one thousand (1,000) feet away from any boundary of a lot zoned or planned for residential use the maximum height of a wind energy conversion structure shall be one hundred and seventy-five (175) feet. The maximum diameter of the rotors, or the blades, for wind energy conversion systems shall not exceed one hundred (100) feet.

3.

Building mounted Wind Energy Conversion Systems in residential zoning districts shall not exceed ten (10) feet higher than the highest point on the roof of the structure it is mounted to.

B.

Setbacks.

1.

Setback requirements for wind energy conversion structures. The minimum setback from the property line for any wind energy conversion structure shall be 1.5 times the total height of said structure measured from ground level.

C.

Noise.

1.

No wind energy conversion system or combination of wind energy conversion systems on a single parcel shall create noise that exceeds the regulatory standards set by the Illinois EPA Pollution Control Board at any property line where the property on which the wind energy conversion system is located. Measurement of sound levels shall not be adjusted for, or averaged with, non-operating periods. Any wind energy conversion system exceeding this level shall immediately cease operation upon notification by the City of Streator Zoning Administrator and may not resume operation until the noise levels have been reduced in compliance with the required standards and verified by an independent third party inspector, approved by the City of Streator, at the property owner's expense. Upon review and acceptance of the third party noise level report, the City of Streator will allow operation of the wind energy conversion system.

D.

Screening.

1.

Building mounted Wind Energy Conversion Systems shall be exempt from the rooftop screening provisions of Section 17.36 "Supplementary Use Regulations."

2.

Freestanding Wind Energy Conversion Systems shall meet the screening requirements of Section 17.36 or Section 17.56 as applicable.

E.

Multiple Wind Systems.

1.

Multiple wind systems may be allowed if they meet all regulations as required herein.

2.

The number of wind turbines on any given parcel of land shall be limited to:

a.

Three wind energy conversion structures for parcels of land having an area of five acres or less.

b.

Five wind energy conversion structures for parcels of land having an area, greater than five acres and not exceeding ten (10) acres.

c.

There shall be no limit to the number of wind energy conversion structures for parcels of land having an area greater than ten (10) acres.

3.

There shall be no limit to the number of roof mounted wind energy conversion systems on any given parcel of land.

F.

Force Wind Standards.

1.

Wind energy conversion systems must be engineered to withstand wind forces of up to one hundred ten (110) miles per hour.

G.

Removal of Nuisance Wind Systems or Turbines.

1.

The Wind Energy Conversion System or individual turbine is hereby declared to be a public nuisance if it has been inoperable or has not been operated to generate any electricity for ninety (90) or more consecutive days.

2.

Upon receipt of written notice from the zoning administrator or administrator's designee that a wind energy conversion system or individual wind turbine has become a public nuisance as defined in subparagraph (1) above, the owner of a wind energy conversion system and associated facilities shall have one hundred eighty (180) days to restore the wind energy conversion system or individual turbine to operating condition and operation for the generation of electricity or remove it from the property, provided that in the event the zoning administrator or administrator's designee determines that, because of its condition, the WECS or individual turbine poses a great and immediate threat to the public health, safety, or welfare, then the city may remove the structure(s) that specifically pose such a great and immediate threat without any prior notice to said owner, assess the owner for all costs incurred for said removal and file a lien for said costs in the manner provided herein.

3.

A written notice of pubic nuisance described herein may be personally delivered to the owner or authorized agent of the WECS in question, or delivered by First Class U.S. Mail. A written notice delivered by First Class U.S. Mail shall be deemed received by said owner three business days after its deposit in the U.S. Mail system.

4.

The failure of any owner to comply with the requirements to either restore to operation or remove a public nuisance WECS or individual turbine as provided herein shall be deemed a violation of this zoning ordinance and shall be deemed implied consent-by said owner to the city to allow the city to remove, or hire someone else to remove said wind system or individual turbine, as the case may be, and to charge said owner for the entire cost of said removal. Said cost of removal incurred by the city shall be deemed a lien against the property, and the city shall be authorized to file a notice of said lien in the Office of the LaSalle County Recorder of Deeds for the cost of removing the wind energy conversion system. Removal of a wind energy conversion system that constitutes a public nuisance shall include removal of the turbines, tower, and any above ground improvements, including fencing.

5.

The city may foreclose upon any lien for removal costs as provided herein in accordance with the procedures provided for foreclosure of a mortgage in the Illinois Mortgage Foreclosure Law, 735 ILLS 5/15-1101 et seq.

H.

Signage.

1.

Commercial marking, messages, banners, or signs of any kind on the wind energy conversion system or tower shall be prohibited.

I.

Tower Access.

1.

The tower shall not be accessible for climbing. No rungs shall be provided for the first twelve (12) feet of the tower. The climbing apparatus shall be covered, and any other approved preventative measures may be required.

J.

Color.

1.

The exterior color of the wind energy conversion system shall be limited to black, white, off-white, and grey, and the surface shall be nonreflective.

K.

Lighting.

1.

No lights shall be installed on the tower, unless required to meet FAA regulations.

L.

Shadow Flicker.

1.

Wind Conversion Energy Systems shall be designed and located to minimize shadow flicker. Shadow flicker expected to fall on a roadway or a residential structure shall be acceptable under the following circumstances:

a.

The flicker, assuming sunlight will not be obscured by cloud cover during the entire course of the year, will not fall on the location of concern for more than thirty (30) hours per year; and

b.

With regards to flicker falling on roadways, the traffic volumes are less than five hundred (500) vehicles per day on the roadway at the location of the flicker.

2.

The applicant shall provide a shadow flicker model for any wind energy conversion system over ninety-nine (99) feet tall. The shadow flicker model shall demonstrate that the wind energy conversion system meets the stated provisions.

M.

Vibrations.

1.

The wind energy conversion structure shall not cause any vibrations detectible by persons without the aid of scientific instruments on any adjacent property.

N.

Tower Type.

1.

In residential districts, the type of tower a wind turbine may be mounted on shall be restricted to a monopole tower.

O.

Minimum Ground Clearance.

1.

The blade tip of a wind energy conversion system, at its lowest point, shall have a ground clearance of no less than twenty (20) feet.

P.

Electromagnetic Interference.

1.

The wind energy conversion system shall not cause any electromagnetic interference with any radio, television, microwave communication, or satellite navigation on other properties.

2.

If the wind energy conversion system is found to cause electromagnetic interference on other properties, the owner shall make any necessary and reasonable changes to the wind energy conversion system within ninety (90) days of notice from the zoning administrator, including removal or relocation of the wind energy conversion system to eliminate any electromagnetic interference.

Q.

Energy Efficient Subdivision.

1.

Any subdivision which is developed with the specific intention of providing wind energy to the property owners within the subdivision shall be allowed to construct a wind energy conversion system on a common lot to be maintained by the home owners association.

a.

A wind energy conversion system within an energy efficient subdivision shall be required to be constructed prior to the issuance of any building permits for any structures within the subdivision.

b.

A wind energy conversion system within an energy efficient subdivision shall not exceed a maximum height of one hundred and seventy-five (175) feet. The maximum diameter of the rotors, or the blades, for wind energy conversion systems more than one hundred (100) feet.

c.

A wind energy conversion system within an energy efficient subdivision shall meet all other requirements of this chapter.

R.

Special Use Permit.

1.

Proposed wind energy conversion systems which exceed the height limitation of this chapter shall be required to submit a special use permit application in compliance with Chapter 17.18 of this Title.

2.

The proposed special use permit shall meet the following findings of fact:

a.

That the proposed wind energy conversion system is designed, located, and proposed to be operated so that it will not be unreasonably injurious or unreasonably detrimental to the district in which it may be located or otherwise injurious to the public welfare. It shall be the applicant's burden to submit evidence to demonstrate the anticipated impacts of the proposed wind energy conversion system.

b.

Other than height regulations in this division, the proposed use conforms to all the applicable regulations and standards of the district in which it shall be located.

c.

That the proposed use is consistent with the City of Streator Comprehensive Plan.

3.

The issuance of a Special Use Permit for a wind energy conversion system to exceed the height limitations of this chapter shall only be allowed in the AG, C3, M1, and M2 Zoning Districts.

4.

The applicant shall submit the following documentation as part of the special use permit application:

a.

A noise study, prepared by a qualified professional, demonstrates that except for intermittent episodes, the wind energy conversion system shall not emit noise in excess of the limits established by the State of Illinois Pollution Control Board. The noise study shall include:

i.

A description and map of the projects noise producing features, including the range of noise levels expected, and the basis of the expectation.

ii.

A description and map of the noise sensitive environment, including any sensitive noise receptors e.g. residences, hospitals, libraries, schools, places of worship, parks, area with outdoor workers and other facilities where quiet is important or where noise could be a nuisance within one thousand feet (1,000').

iii.

A description and map of the cumulative noise impacts of any problem area identified.

iv.

A description of the project's proposed noise control features and specific measures proposed to mitigate noise impacts for sensitive receptors as identified above to a level of insignificance.

b.

A shadow flicker model that demonstrates that shadow flicker shall not fall on, or in, any existing residential structure and that establishes that shadow flicker expected to fall on a roadway or a portion of a residentially zoned parcel does not exceed thirty (30) hours per year at the location of concern, and the flicker will fall more than one hundred feet (100') from an existing residence, or the traffic volumes are less than five hundred (500) vehicles on the roadway that is impacted by the flicker. The shadow flicker model shall:

i.

Map and describe within a one thousand foot (1,000') radius of the proposed dispersed wind energy system the topography, existing residences and location of their windows, locations of other structures, wind speeds and directions, existing vegetation and roadways. The model shall represent the most probable scenarios of wind constancy, sunshine constancy, and wind directions and speed;

ii.

Calculate the locations of shadow flicker caused by the proposed project and the expected durations of the flicker at these locations, calculate the total number of houses per year of flicker at all locations;

iii.

Identify problem areas where shadow flicker will interfere with existing of future residences and roadways and describe proposed mitigation measures, including, but not limited to, a change in sitting of the wind energy conversion system, a change in the operation of the wind energy conversion system, or grading or landscaping mitigation measures.

(Ord. No. 2010/11-24, § 1, 4-20-11)