Vermilion City Zoning Code
CHAPTER 1290
Wind Energy Conversion Systems
1290.01 DEFINITIONS.
(a) "Wind Energy Conversion Systems" (WECS) (wind turbines) includes any or all of the following components: a turbine with propeller-style blades, or a vertical rotor, or other means of capturing the energy in moving air; a tower or a mounting structure; an electrical power generator with associated electrical power transmission circuitry; a battery or other means of storing energy; other means of transmitting energy (hydraulic, mechanical, etc.); mechanical control mechanisms; electrical/electronic/computer control circuitry; a foundation; enclosures.
(b) "Total Height" means the distance measured from ground level to the tip of the blade extended at its highest point or to the top of the tower, whichever is highest.
(c) "Small WECS" means a WECS that will be used primarily to reduce on-site consumption of electrical power and has a turbine rated at 100kW or less.
(d) "Wind Turbine Rotor" means that portion of a wind turbine that includes the blades or scoops, hub and shaft.
(e) "Tower" means an elevating structure intended to raise the rotor, turbine and accessory equipment above either the ground surface or the top of a building.
(f) "Commercial WECS" means a WECS consisting of more than one wind turbine and tower, or a WECS that will be used primarily for off-site consumption of electrical power.
(g) "Wind Turbine" means a WECS that converts wind energy into another form of energy by means of rotary motion driven by the passage of air through the WECS.
(h) "Monopole" a wind turbine tower that is a freestanding design without guy wires or lattice supports.
(Ord. 2009-35. Passed 6-1-09.)
1290.02 PERMITTED LOCATIONS.
(a) All Small WECS shall be considered conditional uses and subject to favorable recommendation by the Planning Commission, a permit therefore may be issued by the Board of Zoning Appeals as provided by Chapter 1264. Small WECS shall be permitted in any zoning district.
Exception: Within the boundaries of the Historic District.
(b) Commercial WECS shall be considered conditional uses and subject to favorable recommendation by the Planning Commission, a permit therefore may be issued by the Board of Zoning Appeals as provided by Chapter 1264. Commercial WECS shall be permitted only in commercial and industrial zoning districts.
Exception: Within the boundaries of the Historic District.
(Ord. 2009-35. Passed 6-1-09.)
1290.03 GENERAL.
(a) "Setback" The vertical part of a small WECS shall be setback from the nearest property line, public road right-of-way and communication or electrical line not less than 1.0 times its total height. (Ord. 2010-59. Passed 10-4-10.)
(b) "Maximum Height" The maximum total height of any WECS shall be 100 feet.
(c) “Design Standards"
(1) All WECS shall be monopole design.
(2) The entire structure shall be finished in a corrosion-resistant, non-obtrusive finish and color that is non-reflective. No WECS or tower shall be lighted unless required by the FAA. No flags, streamers, decorations, advertising signs of any kind or nature whatsoever shall be permitted on any WECS.
(d) "Noise" No WECS shall generate sounds exceeding 60 decibels measured at the closest property line from the tower. If there is a valid complaint as determined by the building department about noise, the wind turbine owner is required to submit a current decibel reading report signed by an authorized source.
(e) "Maintenance" WECS must be maintained in good working order. The maintenance records must be kept by the property owner and available for inspection. Manufacturers' records for preventative maintenance shall apply.
(f) "Abandonment" Any WECS that has become inoperable for any reason for more than six (6) months must be removed by the owner, at the owner's expense, within 60 days of notification. Removal includes all components associated with the WECS.
(g) Any WECS proposed on commercial or industrial zoned property shall be subject to Zoning Certification approval from the Planning Commission in accordance with Chapter 1262.07 of the Codified Ordinances of the City of Vermilion.
(h) The installation of WECS must be approved by a state licensed electrician.
(Ord. 2009-35. Passed 6-1-09.)
1290.04 PERMITS.
(a) A building permit is required for the erection and construction of any WECS. An application for a WECS shall include but is not limited to the following:
(1) Completed application on the form prescribed by the building official.
(2) Structural drawings and engineering analysis, stamped by a certified engineer, of the WECS demonstrating adequate weight and lateral stress capacity, foundation and anchor design demonstrating adequate vertical and lateral support capacity for the soil conditions at the site, manufacturer's decibel rating for the proposed unit, a list and or depiction of all safety measures that will be on the unit including anti-climb devices, data specifying the kilowatt size, rated power output and generating capacity of the proposed unit.
(3) A site plan to scale showing the location of all of the components of the proposed WECS and the locations of all existing buildings, structures, and property lines along with distances.
(4) Elevations to scale showing the height, design, and configuration of the WECS and the height and distance to all existing structures, buildings, electrical lines, and property lines.
(5) Emergency and normal shut down procedures.
(6) Name and address of the component manufacturer's along with model number and serial number of all WECS components.
(7) An electrical one-line drawing of the electrical components of the system in sufficient detail to establish that the installation conforms to all applicable electrical codes.
(8) Evidence that the provider of electrical service of the property has been notified of the intent to install an interconnected electricity generator, unless the system will not be connected to the electricity grid.
(Ord. 2009-35. Passed 6-1-09.)
(b) In addition to any other applicable permit fees, there is hereby established a structural fee of Three Hundred Dollars ($300.00) for all small WECS.
(Ord. 2010-59. Passed 10-4-10.)
1290.99 PENALTY.
Whoever violates and fails to comply with any of the provisions of this Chapter shall be guilty of a minor misdemeanor for a first offense and shall be fined not more than $100. A separate offense shall be deemed committed each day during or on which a violation or non compliance continues. (Ord. 2009-35. Passed 6-1-09.)