Unless otherwise stated, the regulations hereafter established shall apply within all districts established by this chapter. These regulations supplement and qualify the district regulations appearing elsewhere in this chapter.

(Ord. 1324, passed 1-4-00)

(A)

Buildings on a zoning lot. Not more than one principal building may be located on a single lot of record or a single zoning lot except that the city council may authorize a conditional use permit for more than one principal building on a lot if located in a B-1, B-2, B-2A, B-3, I-1, I-2, or I-3 zoning district. Such conditional use permit shall be petitioned for, reviewed, and acted on according to the provisions of Section 150.18 of this chapter.

(B)

Division of lots. No lot shall hereafter be divided into two or more lots unless each lot created in the division shall conform with all applicable regulations of this title.

(C)

Two uses on a lot. Where two or more permitted uses or conditional uses each requiring a minimum area and width are provided in the same building or on the same lot, the required area and width shall be the sum of the areas and widths required for each use individually.

(D)

Street frontage and access. Every lot must have frontage on a public street except as might be varied in a planned unit development.

(E)

Applicability. A single, lot of record which is part of previously platted land may be split into no more than two parcels (one new and the original remainder) provided the division meets the criteria of this section.

(1)

Lot split criteria. The following conditions must be met to create a lot split:

(a)

The lot being divided is part of a previously record plat of subdivision.

(b)

The lot proposed for division is a single lot.

(c)

The lot or lots have frontage on a public street and access to municipal services including but not limited to municipal water and municipal sanitary sewer.

(d)

No new streets or easements of access are involved.

(e)

The lot or lots meet the minimum standards for lots within the zoning district in which they are located (i.e. lot width, area, etc.).

(f)

The division of the lot(s) shall not cause a remaining part of a lot to become a separate parcel which does not meet the minimum standards of the zoning district in which it is located or which does not have street frontage or access to municipal services.

(g)

The division does not result in a split zoning classification on a single lot.

(h)

The division does not result in the creation of a nonconforming structure or use.

Any division of land that does not meet the above requirements and is not otherwise exempted from the Wilmington subdivision requirements shall only be divided according to the procedures established in the Wilmington subdivision ordinance.

(2)

Lot Split Procedure.

(a)

Application. Applications for a lot split shall include the following:

1.

A completed city of Wilmington land use petition.

2.

Sixteen copies of a plat of survey signed and sealed by an Illinois professional land surveyor. The survey shall include the following information:

i.

Scale and north arrow,

ii.

Legal description of the property,

iii.

Dimensions of the property,

iv.

The proposed division-lines with dimensions,

v.

Names and location of adjacent streets,

vi.

Locations and dimensions of existing buildings on or within 50 feet of the subject property,

vii.

Locations and dimension of any other improvements on the property,

viii.

Location and dimensions of any easements on the property,

ix.

Any other information as may be required to represent the intent of the lot split or to determine if the lot split meets the intent and requirements of the subdivision ordinance.

(3)

The required fee: $150 application fee, $500 deposit for development review.

(Ord. 1324, passed 1-4-00; Am. Ord. 1387, passed 11-20-01)

(A)

Chimneys, cooling towers, elevator headhouses, monuments, stage towers, scenery lofts, tanks, water towers, ornamental towers and spires, church steeples, or necessary mechanical appurtenances usually required to be placed above the roof level may exceed the maximum height limitations outlined in Section 150.50 et seq. (Zoning District Regulations) of this chapter by not more than 20%, except as indicated below:

(1)

Structural projections exceeding the above height limitations shall be considered as conditional uses and shall be processed according to Section 150.18 (Procedures for Variances, Map Amendments and Conditional Uses) of this chapter; provided further that any such structural projections shall require an increased building setback of one foot on all sides for each additional two feet that such structure exceeds the specified height limit as established by the regulations of the district in which such building is situated.

(B)

Buildings that are to be used for storage purposes only may exceed the maximum number of stories that are permitted in the zoning district in which they are located, but such buildings shall not exceed the number of feet of building height permitted in such zoning district.

(Ord. 1324, passed 1-4-00)

(A)

Location of required yards. Yard requirements are set forth under each zoning district for all buildings, structures and uses of land. All required yard areas shall be located on the same lot as the building, structure or use of land for which such yard is required. The right of way of any public roadway, public alley or public access way which exists by dedication, recorded easement or prescription and which is located in the lot shall not be included as part of the required yard.

(B)

Permitted obstructions in required yards.

(1)

Belt courses, chimneys, flues, sills, pilasters, cornices, eaves, gutters, and other similar features may project into a required yard a maximum of 18 inches. Steps or sidewalks that provide access to a building or structure or access to a lot from a street or alley may be located in any required yard.

(2)

Unroofed patios, decks and porches may extend five feet into the required front yard or side yard and 10 feet into the required rear yard. Patios, decks and porches which do have a permanent roof must comply with all yard and setback requirements of the zoning district in which it is located.

(3)

Air conditioning equipment or other heating and ventilation equipment may extend five feet into the required rear yard.

(C)

Required yards for existing buildings. No yards, now or hereafter provided, for a building, structure or use existing on the effective date of the ordinance codified in this chapter, or any amendment thereto, shall subsequently be reduced below, or further reduced if already less than, the minimum requirements of the zoning district in which it is located.

(Ord. 1324, passed 1-4-00)

(A)

Location. Accessory structures may be built in a rear yard, but such structures or combination of structures shall not cover more than 30% of the required rear yard.

(B)

Any accessory building attached in any structural manner to the principal building must conform to the minimum setback requirements for the principal building.

(C)

Accessory structures less than 10 feet from the principal building shall conform with the minimum setbacks required for the principal building.

(D)

Accessory structures 10 feet or more from the principal building shall meet the following minimum setbacks:

(1)

Garages which enter directly onto an alley shall be set back from the alley right of way at least 10 feet.

(2)

Any accessory structure (except for fences) shall be set back from any side or rear lot line at least five feet or no closer to a lot line adjoining a street than the longest distance between such lot line and the nearest wall of the principal building or structure.

(E)

All detached accessory buildings shall not exceed the height of the principal building.

(F)

Time of construction. No accessory building, structure or use shall be constructed or established prior to the time of construction or establishment of the principal building, structure or use to which it is accessory.

(G)

The exterior color of any accessory building or structure shall be compatible with the exterior color of the principal building or structure.

(Ord. 1324, passed 1-4-00)

(Am. Ord. No. 09-03-17-01, passed 3-17-09)

(A)

Statement of Purpose. The objective of this section is to regulate cargo container facilities in Wilmington, referred to herein as the "City." These facilities should meet the following purposes:

(1)

To provide for safe and orderly storage, staging, and maintenance of cargo containers in a manner that minimizes the noise, dust, traffic congestion, aesthetic blight and other adverse environmental impacts of such a use upon the city;

(2)

To ensure that the cargo container facilities are operated in a safe manner based upon such factors as the permitted height of stacking of such containers, the cargo within the containers, the location and surface used, methods of securing the containers so as to prevent safety hazards, and accessibility for emergency and maintenance equipment;

(3)

To ensure adequate visual screening and landscaping of cargo containers from the public rights-of-way and adjacent properties is provided;

(4)

To ensure that the site is of sufficient size to accommodate the clean, safe and orderly storage and maintenance of cargo containers with adequate lighting and signage, in accordance with this section.

(B)

Definitions. The following definitions shall apply to this section.

(1)

"Cargo containers" means an industrial, standardized reusable vessel that was:

(a)

Originally, specifically or formerly designed for or used in the packing, shipping, movement or transportation of freight, articles, goods or commodities; and/or

(b)

Designed for or capable of being mounted or moved on a rail car; and/or

(c)

Designed for or capable of being mounted on a chassis or bogie for movement by truck trailer or loaded on a ship.

(2)

"Cargo container facilities" means any site in which the principal use is the movement, storage on a non-permanent basis, staging, or redistribution of cargo containers either on or off of a chassis, but not to include railroad operations that are subject to jurisdiction of the U.S. Department of Transportation Surface Transportation Board.

(3)

"Chassis" means that portion of a semi-trailer configuration that is the nonpowered portion that provides a way of transporting the cargo container.

(4)

"Permanent" means a time limit of storage that exceeds six (6) months on site without being utilized for transportation purposes.

(5)

"Racking" means a method of storing a chassis on end in an upright position where the bed is perpendicular to the ground.

(6)

"Spotting tractor" means a tractor utilized to pull a chassis only within the cargo container yard. Not utilized for over-the-road hauling.

(7)

"Stacking" means a method of storing cargo containers or a chassis in a vertical manner where the floor of the container or bed of the chassis remains parallel to the ground.

(8)

"Staging/storage" means the outdoor locating and containing cargo containers on and off a chassis, or the chassis by itself until a method of transportation is established and utilized.

(9)

"Tractor" means that portion of a semi-trailer configuration that is utilized to power and pull the chassis.

(10)

Truck Trailer. See "Chassis."

(C)

Location. The location of these facilities are prohibited in all zoning districts except as a special use in the city's most intense industrial/manufacturing zoning district, provided they meet the requirements established in this section and special use provisions.

(D)

Requirements. All cargo container facilities shall be subject to the following provisions:

(1)

Access. Cargo containers on or off a chassis may not be stored in a manner that impedes access to public rights-of-way, public utility or drainage easements, adjacent structures, and buildings.

(2)

Lighting. Cargo container facilities shall provide adequate lighting on site including at all entrances and exits. A lighting plan must be submitted and approved in conjunction with a special use permit. Lighting shall not affect adjacent properties.

(3)

Materials Stored. Materials stored in the cargo containers shall not include any material that is required to be placarded as Class 7 (radioactive materials) according to the U.S. Department of Transportation (DOT) Emergency Response Guidebook (ERG). All other materials stored at the facility should be properly placarded according to the ERG.

(4)

Minimum Lot Size. Cargo container facilities shall have a minimum lot size of twenty (20) acres.

(5)

Noise. Cargo container facilities shall make every effort to contain noise within the site. In the event noise becomes excessive, it shall be treated accordingly as a public nuisance violation in accordance with the governmental unit's ordinances.

(6)

Paving. Cargo container facilities shall be paved in accordance with the city's standards, including drainage and storm water detention. The paving must consist of asphalt, concrete, or other materials found to be acceptable to the governmental units. Gravel, grindings, or tar and chip surfaces are not allowed.

(7)

Parking. No portion of any required off-street parking or loading/unloading areas shall be used for the storage of cargo containers or similar storage devices. The minimum amount of off-street parking spaces shall be one per employee, but not less than six (6) spaces, and one space per 500 sq. ft. of gross floor area of any structure located on site.

(8)

Racking Height. Racking of a chassis shall be limited to fifty-seven (57) feet in height. When a racked chassis exceeds thirty (30) feet in height, an additional one (1) foot shall be added to all setbacks (from property line) for each additional one (1) foot of height for the racked chassis.

(9)

Screening and Landscaping. Screening shall be provided within a landscape easement, a minimum width of 100-feet, adjacent to public right-of-ways and non-industrial zoning districts. Screening shall be a combination of fencing, berming, natural vegetation and landscaping in accordance with the governmental unit's standards. A berm shall contain a 3:1 slope and a minimum height of fifteen (15) feet. Additional landscaping may be required around the entire perimeter of the facility, subject to site plan review by the governmental unit. A landscaping plan must be submitted in conjunction with a special use permit.

(10)

Separation Distance.

(a)

No storage of a cargo container or a chassis shall be closer than 1000 feet from any property zoned or used for residential land uses or be stored closer than thirty (30) feet to any existing structure or building on site.

(b)

No side-by-side grouping shall exceed twenty (20) containers or twenty (20) chassis in width and no end-to-end grouping shall exceed two (2) containers or two (2) chassis in length. Thirty (30) foot paved access drives shall be maintained at all times on all sides of a grouping.

(11)

Signage. No signage, other than company identification logos, shall be allowed on any cargo container unless approved in accordance with each governmental unit's sign ordinance.

(12)

Site Plan. A site plan must be submitted in conjunction with the special use permit.

(13)

Stacking Height Cargo Containers. Cargo containers shall not be stacked more than three units high. When stacked, an additional thirty (30) feet shall be added to all setbacks for each additional level of stacked containers.

(14)

Stacking Height Chassis. Empty chassis shall not be stacked more than five units high.

(E)

Cargo Container Maintenance Facility. Any business that engages in the maintenance and repair of cargo containers, not located within a storage facility, that removes containers from the chassis, shall be subject to the same requirements as a cargo container facility. This may include facilities or operations engaged in the conversion of cargo containers for a secondary use or sale.

(F)

Container Modifications. Cargo containers may not be modified or retrofitted for on site habitation. Containers shall be prohibited from having windows, heating and cooling, plumbing, or multiple entrances. Cargo containers are allowed to have electric and ventilation systems installed that would be necessary to meet the minimum codes and standards for lighting and air circulation for storage purposes.

(G)

Fire Suppression and Insurance. All cargo container facilities must provide adequate means for fire and emergency vehicles (as approved by the Wilmington fire district) to access cargo containers both on and off a chassis in the event of an emergency. All facilities engaged in storage and stacking, must carry adequate insurance and provide a certificate of insurance prior to issuance of a special use permit.

(H)

Structural Integrity, Surety for Removal.

(1)

Any cargo container stored or kept on property under the jurisdiction of the city shall be safe, structurally sound, stable, and in good repair.

(2)

Any cargo container that becomes unsound, unstable or otherwise dangerous shall be immediately repaired or removed from the property where kept, subject to the city's requirements.

(3)

Any cargo container stored or kept in violation of the city ordinances shall be deemed a dangerous condition and a public nuisance and may be immediately removed by the city.

(4)

Any cost or expense associated with the removal of the violating cargo containers is the responsibility of the property owner. All associated costs including but not limited to legal fees and court cost, shall constitute a debt due and owed to the city and shall be recordable as a lien upon the land of the cargo container storage facility and/or property owner.

(I)

Existing Cargo Containers Facilities. Any cargo container facility which existed lawfully on a parcel at the time of the adoption of the ordinance codified in this chapter, or of any subsequent amendment thereto, shall be removed from the property within six (6) months of the adoption of the ordinance codified in this section, unless such cargo container facility meets the requirements of this section or a special use permit approved by the city.

(J)

Payment In Lieu of Taxes. The city, as a condition of a special use permit, may require a payment in lieu of taxes (P.I.L.O.T.).

(K)

Dedication of Right-of-Way. Cargo container facilities shall dedicate right-of-way to the city for public highway and other public purposes. The dedication shall be in a form acceptable to the city and shall be made at no expense to the city.

(L)

Responsibility for Public Improvements. Cargo container facilities shall design and install, at no expense to the city, public improvements adjacent to the facility at the time and in the manner specified by the city in conjunction with the development or subdivision of the parcel, whichever occurs first. The improvements shall be engineered, reviewed, approved and installed according to the procedures and conditions set forth by the city.

(Ord. 1613, passed 2-17-04; Am. Ord. 07-07-03-02, passed 7-3-07)

In situations where a nonresidential use is constructed on a commercial or industrial zoned lot, and said lot is located adjacent to a residentially zoned lot, then the developer of the nonresidential use shall provide the following screening within the required rear and/or side yard building setback area:

(A)

Within this setback there shall be a landscaped area planted with one, two and one half inch caliper tree for every 30 feet of common property line and other ornamental vegetation having a height not less than six feet at the time of planting so that all nonresidential buildings and uses are effectively screened from the view of abutting residential properties.

(B)

In addition, there shall be placed at the property line a neat, clean and maintained sight-proof fence or wall having a minimum height of eight feet.

(C)

The use of earth sculpting or berms may be allowed in place of the fencing provided they are designed to provide the same screening effect and are designed to avoid erosion, drainage or maintenance problems.

(Ord. 1324, passed 1-4-00)

(A)

Residential districts. The establishment of fences in residence districts shall be regulated as follows, except as provided for in Section 150.88 of this chapter:

(1)

Fences may be constructed and maintained in the front yard setbacks to a maximum height of three feet. On corner lots, fences up to six feet in height may be placed within 10 feet of the property line in the side yard (second frontage), provided they do not extend forward of the wall of the principal building facing the designated (principal) front yard.

(2)

Fences up to six feet in height shall be permitted in rear yards and side yards provided that the fence is located behind the front of the principal structure.

(3)

Fences shall be positioned so that the finished side faces away from the lot on which it is constructed.

(B)

Commercial districts. The establishment of fences in commercial districts shall be regulated as follows, except as provided for in Section 150.88 of this chapter.

(1)

Fences may be constructed and maintained in the front yard setbacks to a maximum height of three feet. On corner lots, fences up to six feet in height may be placed within 10 feet of the property line in the side yard (second frontage), provided they do not extend forward of the wall of the principal building facing the designated (principal) front yard.

(2)

Fences up to eight feet in height shall be permitted in rear yards and side yards provided that the fence is located behind the front of the principal structure.

(3)

Fences shall be positioned so that the finished side faces away from the lot on which it is constructed.

(4)

Walls and fences which enclose outside storage shall be a minimum of eight feet and a maximum of 15 feet in height.

(C)

Industrial districts. The establishment of fences in industrial districts shall be regulated as follows, except as provided for in Section 150.88 of this chapter.

(1)

Fences may be located in any required yard.

(2)

All fences other than those intended for decorative or screening purposes shall be buffered with berming and/or landscaping.

(3)

All fences shall not exceed a height of 15 feet.

(4)

Fences shall be positioned so that the finished side faces away from the lot on which it is constructed.

(5)

Walls and fences which enclose outside storage shall be a minimum of eight feet in height and a maximum of 15 feet in height.

(Ord. 1324, passed 1-4-00)

The location of buildings, structures and landscaping on corner lots shall be regulated as follows so as not to obstruct the vision of drivers of motor vehicles. No buildings or structures shall be erected or maintained within a triangular area determined by a diagonal line connecting two points measured along the property lines of abutting streets 30 feet equidistant from the intersection of those property lines, so as to obstruct or obscure the vision of drivers of motor vehicles on either or both streets.

(Ord. 1324, passed 1-4-00)

It shall be unlawful for any person to park or store any of the following on any public street, alley, roadway, highway or other public way or right-of-way within the village, or on any village property: any trailer, camping trailer, travel trailer or mobile home; any recreational vehicle or boat; or any utility trailer or trailer used for hauling, including, but not limited to, trailers designed to haul equipment, snowmobiles, motorcycles or boats.

In a residential zoning district, all major recreational vehicle repairs shall be conducted in an enclosed garage.

(A)

Storage of recreational vehicles:

(1)

Only recreational vehicles defined in subsection of this section shall be stored on any lot or parcel of land by the occupant of the subject lot or parcel, provided they are stored in the rear yard or in a fully enclosed building or structure, including privacy fence. They shall not be stored in required front yard or corner side yard setbacks except as provided in subsection (B) of this section.

(2)

Unsafe conditions. It is unlawful to park or store a recreational vehicle in such a manner as to create a dangerous or unsafe condition. The parking or storage of a recreational vehicle, not locked and choked, whether loaded or not, shall be considered a dangerous and unsafe condition.

(3)

The parking surface of any motorized vehicle in any permitted area shall be sufficient to preclude ruts and must be a suitable replacement for any grass removed, such as pavement, gravel, crushed stone or building blocks. Dirt or wood surface is prohibited. Towed vehicles can be parked on any surface.

(B)

Temporary storage and parking of recreational vehicles. Recreational vehicles may be placed, kept or maintained upon any driveway without meeting the requirements of this section for a period not exceeding 45 days of non-usage.

(C)

Exceptions. The majority of the mayor and the ordinance and license committee shall have the authority to grant exceptions to the parking requirements of this section upon written request by the petitioner. A request for exception shall be at least ten (10) days prior to the committee meeting. Such exception, if granted, will apply to a specified recreational vehicle and is not transferable to any other vehicle.

(D)

Penalty. Any person, firm or corporation violating any provision of this title, for which another penalty is not provided, shall for a first offense be fined not less than $50 nor more than $750, for a second offense within one year thereafter, the person, firm or corporation shall be fined not less than $100 nor more than $750 and for a third or subsequent offense within one year after the first offense, the person, firm or corporation shall be fined not less than $250 nor more than $750. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.

(Ord. 1324, passed 1-4-00; Am. Ord. 1609, passed 12-2-03; Am. Ord. 1616, passed 3-2-04; Am. Ord. 09-07-21-01, passed 7-21-09)

Off-street parking facilities accessory to residential uses shall be used principally for the parking of passenger vehicles. Trucks (excluding personal use pick-up trucks), construction vehicles, commercial vehicles and buses shall be stored or parked in residential districts only in accordance with the following provisions:

(A)

No more than one truck (with a gross vehicle weight in excess of 12,000 pounds), construction vehicle, commercial vehicle or bus may be stored or parked in any residential district;

(B)

Trucks (with a gross vehicle weight in excess of 12,000 pounds), construction vehicles, commercial vehicles or busses stored or parked in any residential district shall be stored or parked in a fully enclosed building or structure, except as hereinafter provided;

(C)

One commercial or construction vehicle may be stored or parked in a residential district on a driveway surface provided that the vehicle is a small van or pick-up truck similar to a noncommercial passenger vehicle and provided that such vehicle is used by the lot's occupant on working days as their principal means of transportation to and from work.

(Ord. 1324, passed 1-4-00)

(A)

Restrictions and limitations. Home occupations are permitted as an accessory use to a residential use in any residential district subject to the requirements of this article:

(1)

Home occupations shall be operated entirely within the principal residential dwelling unit and shall be operated within the principal residential dwelling and shall not occupy more than 15% of the total floor area of the said residential dwelling, with the use of the dwelling for a home occupation being clearly incidental and subordinate to its use for residential purposes by its occupants.

(2)

No home occupation is to be conducted in a garage or other accessory structure.

(3)

In no way shall the appearance of the dwelling be altered or the occupation within the residence be conducted in a manner which would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, or the emission of sounds, noises or vibrations, except that one nonilluminated sign not greater than one square foot in area may be affixed to the residence in which the home occupation is located.

(4)

Such occupation shall be conducted entirely within the residence and carried on by not more than two individuals (not necessarily related) one of whom is the principal occupant.

(5)

A home occupation shall not create substantially greater vehicle or pedestrian traffic than normal for the district in which it is located. Nor shall substantially more vehicles be parked on the property or adjacent streets than what would typically be required for the normal use of the residence.

(6)

No outdoor storage of materials or equipment used in the home occupation shall be permitted.

(7)

No storage or display of materials, goods, supplies, or equipment used in the home occupation shall be permitted.

(8)

No equipment shall be utilized that creates a nuisance due to odor, vibration, noise, electrical interference or fluctuation in line voltage beyond the property line of the lot upon which the home occupation is conducted.

(9)

No home occupation shall cause a substantial increase in the use of any one or more utilities (water, sewer, electricity) so that the combined use for the residences and the occupation exceeds the average for residences in the neighborhood.

(B)

Examples of uses that frequently qualify as home occupations. The following are typical examples of uses which often can be conducted within the regulations of the limits established herein. Uses which qualify as home occupation are not limited to those found in this subsection (B) nor does such listing necessarily qualify it as a home occupation: accountants, beauty and barber shops limited to two operators, babysitting services, architects, engineers, attorneys, real estate agents, urban planners and insurance agents.

(C)

Home occupations that are prohibited. Permitted home occupations shall not be deemed to include the following uses: animal hospitals, medical and dental clinic, eating and drinking establishments, general retail, hospitals and sanitariums, kennels, stables, undertaking establishments and funeral parlors.

(Ord. 1324, passed 1-4-00)

The city council may authorize the temporary use of a building, structure or parcel of land in any zoning district for a building, structure or use of land that does not conform to the regulations prescribed elsewhere in this chapter for the zoning district in which it is located, provided that such use be of a temporary nature. Such use shall be granted for a period of time and subject to such conditions as the city council determines to be necessary for the safeguarding of the public health, safety and general welfare.

(Ord. 1324, passed 1-4-00)

(A)

Purpose and intent. It is the intent and purpose of this chapter to permit antennas and satellite dishes where they can be installed with minimal visual impact by encouraging colocation and other aesthetic measures, without creating adverse economic or safety impacts and promoting the health, safety and general welfare of the community. Furthermore, it is the intent of this article to ensure compliance with Federal Communications Commission (FCC) regulations as they relate to the promotion of universal service, competitive contracting by ensuring fairness through the creation of clear and objective approval criteria.

(B)

Definitions. For the purpose of this article, the following definitions apply:

"Antenna." A device in the form of a metal rod, wire panel or dish, for transmitting or receiving electromagnetic radiation. For the purposes of this section, an antenna includes any supporting tower, pole, mast, or building to which it is affixed.

"Colocation." The placement of two or more antenna systems or platforms by separate FCC license holders on the same structure, building, water tank or utility pole.

"Height." The height of an antenna or satellite dish shall be measured vertically from the highest point of the signal receiving/ transmitting apparatus, when positioned for operation, to the bottom of the base, which supports the antenna.

"Publicly owned property." Property in any district owned, leased, or otherwise controlled by a governmental entity.

"Satellite signal receiving antenna (satellite dish)." A device designed for the purpose of receiving and converting earth orbiting satellite communications signals. It may be a solid, open mesh or bar configured structure typically in the shape of a shallow dish or parabola. Said antenna of this type are hereinafter referred to as "satellite dishes."

"Usable satellite signal." A satellite signal which, when converted and viewed on a conventional television set is at least equal in picture quality to that received from local commercial television stations or by way of cable television.

(C)

Permits required.

(1)

Building and electrical permit. Building and electrical permits shall be required prior to the erection of an antenna or satellite dish, except as provided for in subsection (C)(2) of this section. The plans and specifications shall meet or exceed applicable requirements of any and all building codes that are adopted by the city council and may be amended from time to time.

(2)

Exceptions. The private/personal use of an antenna or satellite dish for the reception or transmission of radio or television signals, ham radio signals, or citizen band transmissions, of a height no greater than 60 feet are exempt from the requirements of a building permit, engineering report, or conditional use permit.

(D)

General requirements.

(1)

Federal Communication Commission (FCC) compliance. All antennas, towers, and satellite dishes shall comply with all FCC requirements.

(2)

Each business or residential lot shall have not more than one antenna, tower, or satellite dish, except that for a residential or business lot may have both a satellite dish and television antenna for personal use located on the same parcel. Radio or television studios or amateur radio operators licensed by the FCC are exempt from subsection (2). Businesses selling satellite dishes shall be allowed a maximum of three satellite dishes located outdoors and only one of these shall be allowed in the front of the building.

(3)

An antenna, tower, or satellite dish shall be located in the side or rear yard. In the situation of a corner lot, such antenna, tower, or satellite dish shall not be closer to the adjoining side street than the principal building.

(4)

In the event that a usable satellite signal cannot be obtained from the rear yard or side yard of the property, such antenna, tower, or satellite dish may be placed on the roof of a building subject to the approval of the zoning administrator and to the other requirements of this section.

(5)

Satellite dishes shall not be visible between the ground level and 10 feet above ground from any street adjoining the property. Screening used to achieve this requirement shall be in compliance with the building code, the provisions of this chapter and approved by the zoning administrator.

(6)

Within residential zoning districts, the diameter of satellite dishes shall not exceed seven feet. The dish and supporting structure shall be neutral in color and shall, as much as possible, blend with the character and appearance of the neighborhood.

(7)

No antenna or satellite dish shall be used or serve as a sign or bear an advertising emblem other than the name of the manufacturer in letters not to exceed two inches in height.

(8)

Guy wires (only where necessary) shall not be anchored within any front yard areas but may be attached to the building.

(9)

Whenever an antenna is installed within a distance less than the height of the tower to power or telephone lines, or where damage would be caused by its falling, a separate safety wire must be attached to the antenna or mast or tower and secured in a direction away from the hazard.

(10)

Antennas, towers and satellite dishes shall meet and be installed according to all manufacturers' specifications. The mast or tower shall be constructed of noncombustible materials, unless otherwise approved by Underwriters Laboratories (UL). Brackets, turnbuckles, clips and similar equipment shall be protected with materials approved by Underwriters Laboratories (UL).

(11)

Antennas, towers or satellite dishes shall meet the setback requirements for a primary structure for the zoning district in which the facilities are located.

(E)

Prohibited Uses. The following uses are prohibited:

(1)

Towers or antennas in residential districts. A tower or antenna used for any commercial or other nonresidential purpose, including the placement of other support equipment or buildings, used in connection with the tower or antenna in any residential district, including residentially planned unit developments (PUD).

(F)

Permitted uses. The following uses are permitted:

(1)

Colocating antennas on existing towers in industrial or commercial zones, or on publicly owned property. Antennas on an existing communication tower of any height provided that:

(a)

The additional antennas are cumulatively no more than 22 feet higher than the existing tower; and

(b)

The antenna is neutral in color; and

(c)

A qualified engineer submits evidence that the existing structure can adequately support the proposed colocation apparatus.

(2)

Colocating antennas on existing nontower structures in industrial or commercial zones, or on publicly owned property. Antennas on an existing structure other than a tower (such as a building, water tank, sign, utility pole, power pole, or other structure), provided that:

(a)

The additional antennas are cumulatively no more than 22 feet higher than the existing tower; and

(b)

The antenna is neutral in color; and

(c)

A qualified engineer submits evidence that the existing structure can adequately support the proposed colocation apparatus.

(G)

Conditional uses. The following uses may be permitted as conditional uses under the conditions and requirements specified in Section 150.10 et seq. of this chapter (Administration) in addition to those outlined below:

(1)

Colocating antennas on existing nontower structures or existing commercial towers in residential districts. Antennas on an existing structure (such as a building (excluding dwelling units), water tank, sign, utility pole, or other structure), provided that:

(a)

The additional antennas are cumulatively no more than 22 feet higher than the existing tower; and

(b)

The antenna is neutral in color; and

(c)

A qualified engineer submits evidence that the existing structure can adequately support the proposed colocation apparatus.

(2)

Towers or antennas in commercial or industrial zones or on publicly owned property. Antennas or towers of any height, including the placement of other supporting equipment and accessory buildings. Any equipment shelter shall comply with development standards (i.e., setbacks, height limitations, bulk, etc.) of the property's zoning district classification.

(3)

Private use antennas, towers or dishes greater than 60 feet. The residential use of an antenna or satellite dish for the reception of radio or television signals, ham radio signals, or citizen band transmissions, in excess of 60 feet. These conditional uses shall meet the requirements of Section 150.10 et seq. (Administration) of this chapter, but will be exempt from the requirements of subsection (H) of this section.

(H)

Application for a conditional use permit for antenna facilities. In addition to the requirements of Section 150.10 et seq. (Administration), the applicant shall be required to submit information that includes, but is not necessarily limited to, how the proposed conditional use will satisfy the following conditions:

(1)

Points of visual interest shall be protected.

Views from residential structures located within 250 feet of the proposed antenna or tower to the following points of interest shall be protected to the greatest practical extent:

(a)

Public open spaces;

(b)

Natural areas;

(c)

Landmark structures.

(2)

Methods for protecting points of visual interest. The following standards shall be used to protect the above identified points of visual interest to the greatest practical extent if views from a residential structure located within 250 feet from a proposed antenna or tower to a point of visual interest specifically identified above, are significantly impacted. The applicant shall:

(a)

Examine locations within the same area where such visual impacts can be minimized;

(b)

Investigate alternative tower designs that can be used to minimize the interruptions of views from the residence to the point of visual interest;

(c)

Minimize visual impacts to the point of visual interest referred to above, by demonstrating that colocation or the use of other structures within the service area is not feasible at this time;

(d)

Minimize visual impacts varying the setbacks or landscape standards that would otherwise be applicable, so long as the overall impact of the proposed development is as good or better than that which would otherwise be required without said variations.

(3)

Color. Antennas or towers and their supporting structures shall be a neutral color that is the same or similar in color as the supporting structure to make the antenna and equipment as visually unobtrusive as possible, unless otherwise specified under Federal Aviation Administration (FAA) standards.

(4)

Height. Antennas or towers shall not exceed the maximum building height plus 15 feet, in the zoning district in which it is located, applicants who wish to exceed this height shall provide evidence demonstrating the need for exceeding this minimum standard.

(5)

Setbacks (adjacent to residential uses). Antennas or towers shall be set back from any existing adjacent residential property line by a distance equal to the height of the tower, unless building plans are submitted demonstrating that the tower will collapse within itself. Such building plans shall be affixed with the seal of a certified structural engineer.

(6)

Lighting. None allowed except as required by the FAA.

(7)

Fencing and security. For security, antennas or towers and ancillary facilities shall be enclosed by a fence not less than six feet in height.

(8)

Landscaping and screening. Landscaping shall be placed outside the required fence area on sides facing public rights-of-way or residential areas and shall consist of a fast growing vegetation with a minimum planted height of four feet, spaced evenly at intervals equal to twice the expected width of the plant material.

(9)

Noise. Noise generating equipment shall be sound buffered by means of baffling, barriers, or other suitable means to reduce sound level measured at the property line of 30 dBA when adjacent to residential areas and 45 dBA in other areas.

(10)

Tower design. Towers shall generally be designed without the use of guy wires or external supports. In instances where such a requirement may not be feasible, appropriate documentation shall be provided by the petitioner, demonstrating why such a tower is not feasible. The applicant will offer alternatives to the design so as to minimize the visual impact of the tower.

(11)

Colocation protocol. Any conditional use request for the erection of a new tower shall complete the colocation protocol as outlined in subsection (I) of this section.

(I)

Colocation protocol.

(1)

Purpose.

(a)

The purpose of this requirement is to create a process that will allow providers to equitably share publicly available, nonproprietary information among themselves, with interested persons and agencies, and with the city, at the time the provider schedules a pre-application conference with the city. This colocation protocol is designed to increase the likelihood that all reasonable opportunities for colocation have been investigated and that the appropriate information has been shared among the providers.

(b)

The city recognizes that colocation is preferable, where technologically feasible and visually desirable, as a matter of public policy, but that colocation of antennas by providers is not always feasible for technical or business reasons. However, if all licensed providers are made aware of any pending tower or antenna permit request, such disclosure will allow providers to have the maximum amount of time to consider possible colocation opportunities, and will also assure the city that all reasonable accommodations for colocation have been investigated.

(2)

Pre-application requirement. A pre-application conference is required for all proposed support structures.

(3)

Colocation request letter requirement. At the time of pre-application conference, the applicant shall demonstrate that the following notice was mailed to all other providers rendering service within the city:

Pursuant to the requirements of Section 150.93(C) of the City of Wilmington Zoning Code, (applicant) is hereby providing you with notice of our intent to meet with the City of Wilmington in a pre-application conference to discuss the location of a wireless communication facility that would be located at ___________. In general, we plan to construct a support structure of ___ feet in height for the purpose of providing (Cellular, PCS, etc.) service.

Please inform us whether you have any existing or pending antenna or tower facilities located within ___ feet of the proposed facility that may be available for possible colocation opportunities. Please provide us with this information within 10 business days after the date of this letter. Your cooperation is appreciated.

(4)

Applicant's duty to analyze the feasibility of colocation.

(a)

If a response to colocation request letter is received by an applicant indicating an opportunity for colocation, the applicant shall analyze the feasibility of colocation. This analysis shall be submitted with an application for any support structure.

(b)

The investigation of the feasibility of colocation shall be deemed to have occurred if the applicant submits all of the following information:

1.

A statement from a qualified engineer indicating whether the necessary service can or cannot be provided by colocation at the possible location site;

2.

Evidence that the lessor of the possible colocation site either agrees or disagrees to colocation on their property;

3.

Evidence that adequate access does or does not exist at the possible colocation site to accommodate needed equipment and meet all of the site development standards;

4.

Evidence that adequate access does or does not exist at the possible colocation site.

(5)

Result of colocation feasibility analysis. If the applicant has provided information addressing each of the criteria in subsection (I)(4) of this section, the colocation protocol shall be deemed complete.

(J)

Abandoned facilities. An antenna or satellite dish which has been discontinued for a period of six consecutive months or longer is declared abandoned. Abandoned facilities shall be removed by the property owner within 90 days of abandonment. Failure to remove an abandoned facility is declared a public nuisance and is subject to penalties as outlined in the Wilmington Municipal Code.

(Ord. 1324, passed 1-4-00)

Freestanding electronic banking facilities shall be considered as conditional uses in all commercial and industrial zoning districts, shall be processed according to Section 150.10 et seq. (Administration and Enforcement) of this chapter as it relates to conditional use permits, and shall be subject to the following criteria:

(A)

The unit may be located within a required front, side or rear yard, except it may not be located within 10 feet of a public right-of-way, within five feet of any property line nor within any required buffer yard adjacent to a residential zoning district. The plan commission may recommend and the council may approve a waiver to these setback requirements if the proposal is in a desirable location and the existing parking lot or vehicle maneuvering area does not comply with these setback standards;

(B)

The unit shall be located on private property in a location that provides a minimum of three automobile stacking spaces;

(C)

The unit shall not be located within an area that blocks safe vision for access or vehicle maneuvering throughout the site or on neighboring properties or streets;

(D)

Neither the unit nor the required stacking area shall be located in an area that conflicts with typical automobile maneuvers within adjacent or nearby parking lots, driving lanes or streets;

(E)

Canopies intended for weather protection of the user shall be allowed, but said structures shall not interfere with any driving lane or maneuvering area, and the clearance height of the structure shall be clearly posted on the unit facing the direction of approach. The maximum height of any such canopy or roof shall not exceed 20 feet;

(F)

Signage on the unit shall be limited to wall and canopy signage. Signs shall not project beyond the edge of the unit, and shall be restricted to the name or type of the electronic banking facility, the name of the sponsoring financial institution, and the types of cards accepted at the unit. All other aspects of signage, including size, shall be in accordance with Chapter 96 (Signs).

(Ord. 1324, passed 1-4-00)

(A)

Statement of Purpose.

(1)

This section is adopted for the following purposes:

a.

Provide regulations for the permitting of wind energy conversion systems in the City of Wilmington and the one and one-half miles surrounding the city to preserve and protect natural resources as well as the quality of life for the citizens of the City of Wilmington;

b.

To facilitate economic opportunities for local residents;

c.

To promote the supply of wind energy in support of Illinois' statutory goal of increasing energy production from renewable sources.

(B)

Definitions.

(1)

The following words and terms, when used in this section, shall have the meaning set forth, except where otherwise specifically indicated.

(2)

For the purposes of this section, the following definitions are adopted:

a.

"Applicant" is the entity or person who submits to the City of Wilmington an application for the siting of any WECS or substation.

b.

"Host agreement" is an agreement between the applicant and the city which addresses the economic development and growth impacts to the city caused by hosting U-SWECS within the borders of the city and the one and one-half mile area surrounding the city.

c.

"Meteorological tower," for the purposes of this chapter, meteorological towers are those towers which are erected primarily to measure wind speed and direction plus other data relevant to siting WECS. Meteorological towers do not include towers and equipment used by airports.

d.

"Nonparticipating landowner" is a person who owns land or real property in the WECS regulatory jurisdiction who is not an applicant, owner or operator and has not entered into a contract, lease, option or agreement with the applicant, owner or operator concerning a WECS project within the WECS regulatory jurisdiction.

e.

"Off-grid systems," a system is considered an off-grid system only if it supplies electrical power solely for on-site use.

f.

"Operator" is the entity responsible for day-to-day operation and maintenance of the WECS, including any third party subcontractors.

g.

"Owner" is the entity or entities with an equity interest in the WECS including their respective successors and assigns. Owner does not mean the real property owner where the WECS is located unless the property owner has an equity interest in the WECS. Owner also does not mean any person holding a security interest in the WECS solely to secure an extension of credit, or a person foreclosing on such a security interest provided that after foreclosure such person seeks to sell the WECS within one year of such event.

h.

"Participating landowner" is a person who owns land in the WECS regulatory jurisdiction and is either personally the applicant, owner or operator of a WECS or has entered into a contract, lease, option or other agreement with an applicant, owner or operator of a WECS.

i.

"Person" is a legal entity as recognized by Illinois law.

j.

"Professional engineer" is a qualified individual who is licensed as a professional engineer in the State of Illinois.

k.

"Public conservation lands" is land owned in fee title by state or federal agencies and managed specifically for conservation purposes, including, but not limited to, state wildlife management areas, state parks, state scientific and natural areas, federal wildlife refuges and waterfowl production areas. For the purposes of this chapter public conservation lands will also include lands owned in fee title by nonprofit conservation organizations. Public conservation lands do not include private lands upon which conservation easements have been sold to public resource management agencies or nonprofit conservation organizations.

l.

"Rated wind speed" is the lowest wind speed at which the rated output power of an electric-generating wind device is produced.

m.

"Micro-WECS" is an electric-generating WECS device which has a rated nameplate capacity of up to five kilowatts and which is incidental and subordinate to a permitted use on the same parcel. A system is considered a micro-WECS only if it supplies electrical power solely for on-site use, except that when a parcel on which the system is installed also receives electrical power supplied by a utility company, excess electrical power generated and not presently needed for on-site use may be used by the utility company.

n.

"Rotor" is an element of a wind energy system that acts as a multibladed airfoil assembly, thereby extracting through rotation, kinetic energy directly from the wind.

o.

"Rotor diameter" is the diameter of the circle described by the moving rotor blades.

p.

"Shadow flicker" is the alternating changes in light intensity caused by the moving blade of a WECS casting shadows on the ground and stationary objects, such as a window and dwelling.

q.

"Small wind energy conversion systems (S-WECS)" is an electric-generating wind device which has a rated nameplate capacity of up to 100 kilowatts operating at the rated wind speed and which is incidental and subordinate to a permitted use on the same parcel. A system is considered a small wind energy conversion system only if it supplies electrical power solely for on-site use, except that when a parcel on which the system is installed also receives electrical power supplied by a utility company, excess electrical power generated and not presently needed for on-site use may be used by the utility company.

r.

"Sound pressure" is average weight at which sound energy is transmitted to a unit area in a specified direction. The pressure of the sound measured at a receiver.

s.

"Sound pressure level" is the sound pressure mapped to a logarithmic scale reported in decibels (db).

t.

"Subject property" is the real estate where a WECS is proposed to be located.

u.

"Substation" is any electrical facility designed to convert electricity produced by wind turbines to a voltage greater than 35,000 kV for interconnection with high-voltage transmission lines.

v.

"Total height" is the distance measured from grade to the uppermost extension of any blade or the maximum height reached by any part of a WECS.

w.

"Tower" is the support structure to which the nacelle and rotor are attached, freestanding or guyed structure that supports the wind turbine generator.

x.

"Utility-scale wind energy conversion system (U-SWECS)" is a device that converts wind energy into electricity through the use of a wind turbine generator which includes the turbine, blade, tower, base and pad and each such turbine generates nameplate capacity in excess of 100 kilowatts.

y.

"WECS regulatory jurisdiction" is the jurisdictional limits of the City of Wilmington and the one and one-half miles surrounding its zoning jurisdiction.

z.

"Wind energy conversion systems" is any device that converts wind energy into electricity through the use of a wind turbine generator which includes, but is not limited to, the turbine, blade, tower, base, pad, transformer, supports, guy wires, generators and any other accessory equipment, if any.

aa.

"Wind farm" is one or more utility-scale wind energy conversion systems (U-SWECS) which are intended to produce electricity for sale to a rate regulated or nonregulated utility or for use off site.

bb.

"Wind turbine generator" is any piece of electrical generating equipment that converts the kinetic energy of blowing wind into electrical energy through the use of air flows or similar devices to capture the wind.

(C)

Zoning Districts.

(1)

Location of all types of electric-generating wind devices are prohibited in all zoning districts except as prescribed in subsections (D) through (G) of this section:

(D)

Micro-WECS.

(1)

Micro-WECS shall be allowed in all zoning districts of the City of Wilmington as a permitted use.

a.

The building permit application for micro-WECS shall include standard drawings of the wind turbine structure, including the tower and base.

(2)

General Regulations.

a.

The micro-WECS must comply with any and all regulations of the Illinois Pollution Control Board concerning noise.

b.

The micro-WECS shall not exceed 15 feet in height above the highest point of the real property structure.

c.

The micro-WECS shall be of a neutral color in appearance with flat nonreflective paint and shall not be artificially lit in any manner.

d.

The micro-WECS shall be no higher than 50 feet from ground level.

e.

Noise levels must comply with the Illinois Pollution Control Board regulations. All measurements of sound pressure levels shall be at the boundaries of nonparticipating properties. To demonstrate compliance with IPCB regulatory limits all measurements must be taken at the borders of any nonparticipating property. The applicant must immediately cease any violation of the IPCB regulations unless said violation is excused and waived by the affected landowners and occupants.

f.

No micro-WECS shall be installed until written evidence has been given that the utility company has been informed of the customer's intent to install an interconnected, customer-owned generator. Off-grid systems shall be exempt from this requirement.

(3)

Regulations Agricultural and Residential.

a.

Micro-WECS shall not exceed 15 feet in height above the highest point of any house or building on the subject property. Micro-WECS can be mounted to the side of the house or building or be on a freestanding pole of no more than 50 feet tall.

b.

The blade tip of any rotor shall, at its lowest point, have ground clearance of no less than 15 feet, as measured at the lowest point of the arc of the blades. The lowest point of the arc of the blade shall also be 10 feet above the height of any structure within 50 feet of the base.

c.

Only one micro-WECS may be sited if approved per lot in residential districts.

(4)

Regulations Commercial and Industrial.

a.

Micro-WECS shall not exceed 15 feet in height above the highest point of the structure on the subject property. Micro-WECS can be mounted to the side of a structure or be on a freestanding pole of no more than 50 feet tall.

b.

The blade tip of any rotor shall, at its lowest point, have ground clearance of no less than 15 feet, as measured at the lowest point of the arc of the blades. The lowest point of the arc of the blade shall also be 10 feet above the height of any structure within 50 feet of the base.

(E)

Small Wind Energy Conversion Systems.

(1)

Small wind energy conversion systems shall be allowed in any zoning district of the City of Wilmington only if approved as a conditional use.

(2)

Conditional Use Permit Application Requirements.

a.

The conditional use application for S-WECS shall include standard drawings of the wind turbine structure, including the tower and base and an engineering analysis of the system showing compliance with the adopted building codes of the city and certified by an Illinois-licensed design professional.

b.

The conditional use application shall include a certification from an engineering or acoustical professional that the Illinois Pollution Control Board regulations will not be violated by the proposed conditional use. Said application shall also include a baseline study of the background noise levels at the property lines of all adjacent properties.

c.

The application shall include the certification from an appropriate design engineer or other professional approved by the City of Wilmington that there shall be no more than 30 hours per year in shadow flicker on any nonparticipating commercial or residential structure caused by the S-WECS.

d.

The conditional use applicant shall include an agreement to indemnify and hold harmless the city from any and all lawsuits or cause of action alleging damage or improper zoning or any other claims arising from the siting, ownership or operation of the S-WECS, including, but not limited to, attorney's fees and costs.

(3)

General Regulations.

a.

Only one S-WECS may be approved per zoning lot.

b.

S-WECS may only be approved as an accessory use to a principal structure, and no S-WECS shall be approved on a vacant parcel.

c.

Climbing apparatus: All climbing apparatus shall be located at least 15 feet above the ground, and the tower must be designed to prevent climbing within the first 15 feet from top of foundation.

d.

Tower structure lighting is prohibited unless required by the Federal Aviation Administration (FAA) or appropriate authority.

e.

S-WECS must comply with applicable FAA regulations, including any necessary approvals for installations close to airports.

f.

S-WECS, except as required by the FAA, shall be finished in either off-white, light gray, other neutral color, or other color as approved by the zoning administrator. The finish shall be flat or matte. The required coloration and finish shall be maintained throughout the life of the system.

g.

Noise. The sound pressure levels generated by an S-WECS shall comply with all Illinois Pollution Control Board noise regulations. To demonstrate compliance with IPCB regulatory limits all measurements must be taken at the borders of any nonparticipating property. The applicant must immediately cease any violation of the IPCB regulations unless said violation is excused and waived by the affected landowners and occupants.

h.

No S-WECS shall be installed until evidence has been provided that the utility company has been informed of the owner or operator's intent to install an interconnected, customer-owned generator. Off-grid systems shall be exempt from this requirement.

i.

Any S-WECS that is not operated for a continuous period of three months shall be considered abandoned, and the owners of such system shall remove all structures within 90 days of receipt of notice from the city notifying the owner of such abandonment. If the S-WECS is not removed within 90 days, the city may remove all structures at the owner's expense.

j.

A monopole construction is preferred for all S-WECS without the use of guy wires; however, if guy wires or anchoring systems are employed they shall extend no closer than 30 feet from an adjacent property line.

k.

The S-WECS shall not have any advertising material, writing, pictures, or signage other than warning, equipment identification or ownership information. This prohibition includes, but is not limited to, the attachment of any flag, decorative sign, streamers, pennants, ribbons, spinners or waving, fluttering or revolving devices, which are not directly used for the generation of energy, but not including meteorological/weather devices.

l.

S-WECS shall not operate so as to cause microwave, television, radio or navigation interference to any nonparticipating landowner, and if such interference occurs it shall be mitigated by the owner or operator.

(4)

Agricultural and Residential Districts.

a.

Maximum height (any fraction of an acre will be rounded down to the closest whole number):

b.

Minimum lot size: One acre.

c.

Setbacks. Pursuant to 65 ILCS 5/11-13-26 the City of Wilmington may only impose a setback of 1.1 times the turbine height from any property line and accordingly that setback is established.

d.

The blade tip of any rotor shall, at its lowest point, have ground clearance of no less than 15 feet, as measured at the lowest point of the arc of the blades. The lowest point of the arc of the blade shall also be 10 feet above the height of any structure within 50 feet of the base.

(5)

Commercial and Industrial Districts.

a.

Maximum height (any fraction of an acre will be rounded down to the closest whole number):

b.

Minimum lot size: One acre.

c.

The height shall be limited to 70 feet in cases where a nonresidential use is adjacent to a residential zoning district or use. Rezonings and single-family residences constructed subsequent to the construction of the S-WECS do not compromise the facility.

d.

Setbacks. Pursuant to 65 ILCS 5/11-13-26 the City of Wilmington may only impose a setback of 1.1 times the turbine height from any property line and accordingly that setback is established.

e.

The blade tip of any rotor shall, at its lowest point, have ground clearance of no less than 15 feet, as measured at the lowest point of the arc of the blades. The lowest point of the arc of the blade shall also be 10 feet above the height of any structure within 50 feet of the base.

(F)

Utility-Scale Wind Energy Conversion Systems (U-SWECS).

1.

U-SWECS are prohibited in all zoning districts except when allowed as a conditional use in the A1, I1, I2, I3, I4 and I5 zoning districts (unless specifically approved by annexation or development agreement prior to the adoption of this section).

2.

Conditional Use Permit Application Requirements.

a.

The applicant for a U-SWECS conditional use shall file 25 copies of the application, including 10 full size copies with exhibits and 15 reduced copies of all exhibits with the city administrator together with the appropriate site review application fee. The applicant may be required to provide up to 10 additional copies of the application to the city upon request.

b.

An executed host agreement must be appended to, and included as part of any U-SWECS conditional use application filed with the city. The content of said host agreement will be discussed and negotiated between the applicant and the city's appointed counsel or representatives and will address the issues including, but not limited to, payments in lieu of taxes, economic issues, removable energy credit sharing, carbon credit sharing, reimbursement of city expenses including consultants, experts, and outside attorneys' fees. An example of a payment in lieu of taxes agreement which might be included in a host agreement is attached to this section as Exhibit A [see note following this section].

c.

Site plan showing the following:

i)

Subject Property. Survey of property or properties including any and all existing and proposed structures on the property such as buildings, U-SWECS towers, substations, and service roads.

ii)

A depiction of the distance of the U-SWECS to nearest structures and residential dwellings.

iii)

Setback requirements of the zoning district.

iv)

Setback requirements for each electric-generating wind device tower.

v)

Any floodplains or wetlands on the subject property.

vi)

Any existing or proposed roads and driveways.

vii)

Routes to be utilized for transportation of components of U-SWECS.

viii)

Location, height and dimensions of all existing and proposed structures and fencing on the subject property.

ix)

Any easements or aboveground utilities on the subject property.

x)

Surrounding zoning and uses within 1,320 feet of the subject property including any existing structures.

xi)

All existing proposed underground or aboveground utilities.

xii)

All rights-of-way, wooded areas, and public conservation lands on the subject property.

xiii)

Ingress and egress from the site as proposed during construction [and] thereafter which indicates the proposed road service and cover, dust control measures, the width and length of access routes.

xiv)

Certify easements, contracts, waivers, and option agreements for proposed use of the land.

xv)

Utility interconnection details and a copy of written notification of the utility company requesting the proposed interconnection.

xvi)

A description of the hours of operation for construction of [and] the maintenance of the facility, the number of employees expected during construction and after construction is completed, and the type of traffic expected to be generated at the site during construction and after.

d.

Project proposal that includes the following:

i)

Name, company, address and phone number of the owner, developer or any other interested party and participating landowner. The applicant shall describe its legal standing as to whether it is a corporation, limited liability company, individual or other legal entity and shall identify its officers and directors, shareholders and members. It shall also identify its parent and subsidiary companies. The same information shall be provided for all owners and operators of the U-SWECS system. Proof must be included that the applicant has legal authority to bring the application in the name of any participating landowner, owner, operator or other interested party.

ii)

Project summary including the nameplate generating capacity; equipment manufacturer; type and number of U-SWECS.

iii)

Proposed maximum height for each electric-generating wind device and the diameter of each U-SWECS rotor.

iv)

Evidence that the site is feasible for a wind farm facility.

v)

Certification that all electronic equipment conforms to all applicable city, state and national codes.

vi)

An indemnity clause indemnifying and holding harmless the city and its officials from and against any and all claims, demands, suits, causes of action, damages, injuries, costs, expenses, and liabilities, including attorney fees, arising from the approval and construction of the wind farm facility.

vii)

Proof that the wind farm facility shall be operated without offensive noise, vibration, dust, smoke, odor, glare, lighting, risk of fire, explosion or other accident and shall not be detrimental to the public health, safety and/or general welfare of the immediate neighborhood or community at large.

viii)

Other inclusions as specified by the planning and zoning commission.

ix)

Avian and Wildlife Impact Analysis. The applicant shall have a third-party, qualified professional approved by the city administrator conduct an analysis to identify and assess any potential impacts on wildlife, including, but not limited to, impacts to birds, bats and bees as well as endangered species. If any such impacts are discovered, the applicant shall provide a plan to minimize, eliminate or mitigate such adverse impacts and the third-party, qualified professional shall identify and evaluate the significance of any net effects or concerns that remain after the mitigation.

x)

Environmental Impact Study. The applicant shall have a third-party, qualified professional conduct an analysis to identify and assess any potential impacts of the natural environment including archaeological sites, endangered species, and wetlands, and other fragile ecosystems, historical or cultural sites and antiquities. The applicant shall provide a plan as to the measures it will take to minimize, eliminate or mitigate any adverse impacts identified in the analysis. The third-party, qualified professional shall identify and evaluate the significance of any effects or concerns that remain after the mitigation efforts.

xi)

Noise. A modeling analysis of the proposed site shall be included in the application performed by a third-party, independent professional approved by the city administrator which model shall predict the sound pressure levels at all properties in the footprint and within one mile of a U-SWECS. To demonstrate compliance with the IPCB regulatory limits the modeling must be performed at the property line of the receiving property. A nighttime baseline sound pressure study must be done at all nonparticipating properties within one mile of a proposed U-SWECS before construction commences.

e.

Property Value Protection Plan. A plan shall be included to protect the property values of any nonparticipating real property owner within two miles of a U-SWECS tower or substation. Said plan should be consistent with the plan attached hereto as Exhibit B [see note following this section]. Any such plan is subject to the approval of the city administrator.

f.

Federal and State Law Compliance. The applicant shall provide evidence that the WECS meets or exceeds any and all standards and regulations of any agency, state or federal government with authority to regulate U-SWECS including, but not limited to, providing a determination that the proposed structure(s) are compliant with all Federal Aviation Administration regulations and do not interfere or present a hazard to any public or private aircraft.

g.

Emergency services plan shall be included which provides:

i)

Emergency shutdown procedures.

ii)

Each electric-generating wind device shall be assigned a street address and shall be prominently displayed along the road in front of the facility.

iii)

A plan for appropriate warning signs and safety procedures including locking portholes and climbing prevention techniques.

iv)

A formal education plan with all emergency service providers involved in the administration of emergency services to the site(s).

h.

Shadow Flicker Study. The applicant shall have a third-party, qualified professional approved by the city administrator conduct an analysis on the potential shadow flicker on the nonparticipating properties and public roadways within two miles of any U-SWECS. The analysis shall identify locations of shadow flicker that may be caused by the project and any expected durations of flicker at these locations from sunrise to sunset over the course of a year. The analysis shall include measures to eliminate or mitigate these problems at the residences of nonparticipating landowners impacted by the shadow flicker. The study is subject to the approval of the city administrator.

i.

Project Proposal Road Use Plan. The city, township and county roads which will be used for construction, maintenance and transportation of supplies for the U-SWECS shall be identified on the site plan. All routes for either egress or ingress need to be shown. The routing shall be subject to approval of the designated Wilmington Engineer or representative. The applicant shall provide a pre-construction baseline survey performed by a qualified engineer approved by the city administrator, to determine existing road conditions for assessing potential future damage due to U-SWECS related traffic. If any damage or change to the roadways will occur, a road use agreement must be entered into and approved by the city administrator or its appointed representative. The applicant shall provide a road plan to ameliorate any and all damage, installation or placement of roads that might be required. The applicant shall provide cash or an escrow account in an amount and form approved by the City of Wilmington to cover all potential future damage. Any road construction or repair shall be completed in accordance with recognized standards for road construction that are subject to the approval of the city's appointed engineer or representative. If the city determines at any time that any road construction or repairs have not been completed in accordance with these recognized standards, the applicant will be responsible for correcting the work to the satisfaction of the city's appointed engineer or representative. Any vehicle that will exceed the maximum allowable weight to a city roadway will only be permitted upon the entry of a roadway agreement recommended by the city administrator or appointed representative.

j.

Drainage Plan. The application shall include a drainage plan which provides that any damage to waterways, drainage ditches, field tiles or any other infrastructure caused by construction or maintenance of the U-SWECS shall be completely repaired to near-original condition so as not to impede the natural flow of water. The plan shall provide that all repairs will be completed within seven days unless otherwise agreed to by the city and affected landowners. The plan must provide that the WECS owner will notify the city administrator or its appointed representative when the construction of any part of the project encounters underground field and drainage tiles and will provide proposals for remediation which will be subject to the approval of the city administrator or its appointed representative. The plan shall provide that all existing drainage tiles [that] will be crossed by private access roads shall be removed and replaced with load-resistant tile. The plan shall further provide that financial assurances will be posted in the form of cash, an escrow account, surety bond or letter of credit in a form and amount acceptable to the city administrator to assure compliance with the drainage plan.

k.

Decommissioning Plan. The applicant shall provide a decommissioning plan for the U-SWECS or in the event that any U-SWECS are taken out-of-service, abandoned or become inoperable. If a U-SWECS is out of service or not producing electrical energy for a period of three months, it will be deemed nonoperational and decommissioning removal of that facility will need to commence according to the provisions approved by the City of Wilmington. The decommissioning plan shall at a minimum provide that the U-SWECS will be removed within 180 days of the U-SWECS being deemed nonoperational and that:

i)

All wind turbines, aboveground improvements and outside storage will be removed.

ii)

Foundations, pads and underground electrical wires will be reclaimed to a depth of four feet below the surface of the ground.

iii)

Hazardous material from the property will be disposed of in accordance with federal and state law.

iv)

Cost estimates will be provided of the decommissioning facility prepared by a professional engineer or contractor who has expertise in the removal of U-SWECS and is approved by the city administrator or its appointed representative. The decommissioning cost estimate must explicitly detail the cost before considering any projected salvage value of out-of-service U-SWECS. The decommissioning costs shall be made by cash, escrow account, surety bond or irrevocable letter of credit before any construction commences. Finally, the decommissioning plan must include a restoration plan to identify how the site will be restored to its original condition or improved.

l.

Complaint Resolution Plan. The applicant shall develop a process to resolve any complaints that may arise from neighboring property owners or nonparticipating landowners during the construction and operation of the U-SWECS. The process may use an independent mediator or arbitrator and shall include a time limit for acting on a complaint that is received. The process shall not preclude the local government from acting on a complaint.

m.

Liability Insurance. The owner or operator of the U-SWECS shall maintain a current general liability policy covering bodily injury and property damage and name the City of Wilmington as an additional insured with limits of at least $2,000,000.00 per occurrence and $5,000,000.00 in the aggregate with a deductible of no more than $5,000.00.

n.

Application Fee and Cost Reimbursement. Each U-SWECS application shall include a $50,000.00 nonrefundable application fee which may be used to reimburse any city personnel, outside consultants, engineers or attorneys needed to review the application. The applicant must also acknowledge that it will be responsible for the reimbursement of any such reasonable fees and costs which exceed the $50,000.00 application fee.

3.

General Regulations.

a.

At wind farm facilities, the design of the buildings and related structures shall, to the extent reasonably possible, use materials, colors, textures, screening and landscaping that will blend the facilities to the natural setting and the existing environment.

b.

Color. U-SWECS, except as required by the Federal Aviation Administration (FAA) or other authority, shall be finished in either off-white, light gray, or other neutral color, or a color as approved by the zoning administrator. The finish shall be flat or matte. The required color and finish shall be maintained throughout the life of the system.

c.

Lighting. The turbines shall not be illuminated or have any external lighting unless required by the FAA. To the extent warning lighting is required it shall consist of approved red strobe lights at the lowest intensity allowed and timed to activate at synchronized intervals. The applicant shall further seek leave from the FAA to utilize the least intrusive lighting possible. The applicant will employ the best available technology, if approved, to minimize the impacts of lighting including lighting which is only activated upon approach of aircraft.

d.

Utilities. All electrical components of the U-SWECS shall conform to all applicable local utility standards and national electric codes. All electrical wires and lines connecting each U-SWECS to other U-SWECS shall be installed underground.

e.

Signage. No wind tower shall have any advertising material, writing, picture, or signage other than warning, equipment identification or ownership information. This prohibition shall include the attachment of any flag, decorative sign, streamers, pennants, ribbons, spinners or waving, fluttering or revolving devices, but not including meteorological/weather devices.

f.

Warning Signage. Signs warning of the high voltage associated with the U-SWECS shall be posted at every entrance to a U-SWECS and at the base of all pad-mounted transformers and substations. A sign that provides emergency contact information, such as a phone number, shall be posted near each tower and operations and maintenance buildings.

g.

Outdoor Storage. Only the outdoor storage of materials, vehicles and equipment that directly support the operation and maintenance of the wind farm facility shall be allowed with the exception of outdoor storage that is expressly allowed in the zoning district as specified herein. The zoning administrator or his or her designee shall have the discretion in determining whether the outdoor storage is in compliance with this provision. In any event all outdoor storage areas shall be paved with a bituminous surface and either fenced or screened to prevent viewing from adjoining properties and uses.

h.

Safety/Climb Prevention. All U-SWECS shall be designed to prevent unauthorized access to electrical or mechanical components or access to the towers on the site. A monopole design with an internal ladder and locked access door is preferred and guy wired towers are disfavored. All towers shall not be climbable from the ground to 15 feet above ground and all access doors and towers and equipment shall be lockable.

i.

Each U-SWECS shall be marked with a visible identification number to assist with provision of emergency services, and the applicant shall file with the appropriate local fire protection district and sheriff's police a wind farm facility map identifying wind turbine locations and numbers.

j.

Guy wires and anchoring systems shall extend no closer than 200 feet from nonparticipating adjacent property lines. Visible, reflective, colored objects, such as flags, reflectors, or tape shall be placed on the anchor points of guy wires and along the guy wires up to a height of 15 feet from the ground.

k.

Electrical Components. All electrical components of the wind farm facility shall conform to applicable local, state, and national codes, and relevant national and international standards (e.g. ANSI and International Electrical Commission).

l.

Controls/Brakes. All wind towers shall be equipped with a redundant braking system. This includes both aerodynamic overspend controls (including variable pitch, tip, and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Stall regulation shall not be considered a sufficient braking system for overspend protection.

m.

Shadow Flicker. The U-SWECS shall not cause shadow flicker in excess of 30 hours annually at the residences or commercial buildings of any nonparticipating landowner properties unless waived by the landowner.

n.

Noise. Noise levels must comply with the Illinois Pollution Control Board Regulations. After the U-SWECS are constructed and operational, a third-party shall complete a sound pressure analysis of the existing conditions. This analysis shall be completed and returned to the City of Wilmington within 60 days. The applicant, owner or operator must immediately cease any violation of the IPCB regulations unless those violations are excused and waived in writing by the effected landowner and occupant and in no event shall U-SWECS exceed five decibels above the nighttime background sound pressure levels. All analyses and studies are subject to the approval of the city administrator.

o.

Signal and Electromagnetic Interference. U-SWECS shall not be installed at any location where its proximity to existing fixed broadcast, retransmission, reception antennas for radio, television or wireless phone or other personal communication systems would produce electromagnetic interference with the signal transmission or reception unless the applicant provides a replacement signal for the affected party that would restore reception to at least the level present before the operation of the U-SWECS. U-SWECS shall not be installed within the line of site of an existing microwave communications link where operation of the wind energy system is likely to produce electromagnetic interference with the link's operation unless the interference is insignificant.

p.

Waste Disposal. All solid waste generated from supplies, equipment, parts, packaging or operation of the facility shall be removed from the site immediately and disposed of in an appropriate manner. Any hazardous waste which is generated by the facility, including, but not limited to, lubricating materials shall be removed consistent with all local, state and federal rules and regulations.

q.

Conformance Industry and Code Standard/Engineer Certification. The U-SWECS shall comply with all applicable local and county codes for the electrical, mechanical and structural components of the facility. All documents provided for review shall be stamped and signed by a professional engineer.

r.

Operation and Maintenance Inspections. Each owner, operator or successor in interest shall have the facility inspected annually by a third-party, qualified wind power professional at their own expense. The third-party, qualified wind power professional shall be subject to the approval of the Wilmington City Administrator or its designated representative. Within 15 days of the inspection a copy of any report must be provided to the City of Wilmington Administrator. U-SWECS may not operate unless a certificate is provided to the city administrator indicating the annual maintenance has been completed and the facility is in good working condition. Failure to provide this certification may cause the revocation of the conditional use permit.

s.

Coordination with Local Fire Department.

i)

The applicant, owner or operator shall submit to the local fire department a copy of the site plan.

ii)

Upon request by the local fire department, the owner or operator shall cooperate with the local fire department to develop the fire department's emergency response plan.

iii)

Nothing in this section shall alleviate the need to comply with all other applicable fire laws and regulations.

4.

Size and Setback Regulations.

a.

Maximum Height. Total height of the WECS tower with blade or meteorological tower used in conjunction with the WECS shall not exceed 500 feet.

b.

Minimum Lot Size. One thousand acres (any combination of rented, owned, or leased property).

c.

Setbacks measured from the vertical centerline of the foundation tower:

i)

From Participating Landowner.

(1)

Primary structures within subject property. One hundred fifty percent of the total height of the tower, the structure owner may waive this setback requirement; but in no case shall a tower be located closer to a primary structure than 110% of total height.

(2)

One hundred twenty-five percent of total height of tower from all participating landowner property lines and no closer than 150% from a property structure of a participating property owner.

ii)

From Nonparticipating Landowner.

(1)

Twenty-five hundred feet from any nonparticipating landowner's property line unless a written waiver is acquired from the nonparticipating landowner.

d.

Public road, third-party transmission line, communication tower: One hundred twenty-five percent of total height of tower.

e.

All rezoning actions, dwelling/buildings constructed or permitted after the date of the wind farm facility conditional use permit do not compromise the facility.

f.

The blade tip or any rotor shall, at its lowest point, have ground clearance of no less than 75 feet.

g.

Any waiver of any setback requirement shall only be considered an effective compliance of the subsection if said waiver is in writing and runs with the land and is recorded as part of the chain of title of the subject property.

(G)

Tower Construction Training Facilities.

1.

For the sole purpose of training workers to assemble, dismantle and maintain U-SWECS, such may be erected in office, research, industrial, light industrial district, upon issuance of a conditional use permit.

2.

Conditional use permit application requirements.

a.

An executed host agreement must be appended to, and included as part of any training facility U-SWECS conditional use application filed with the city. The content of said host agreement will be discussed and negotiated between the applicant and the city's appointed counsel or representatives and will address the issues including, but not limited to, payments in lieu of taxes, economic issues, removable energy credit sharing, carbon credit sharing, reimbursement of city expenses including consultants, experts, and outside attorneys' fees. An example of a payment in lieu of taxes agreement which might be included in a host agreement is attached to this section as Exhibit A [see note following this section].

b.

The conditional use application for a training facility U-SWECS shall include standard drawings of the wind turbine structure, including the tower and base and an engineering analysis of the system showing compliance with the adopted building codes of the city and certified by an Illinois-licensed design professional.

c.

The conditional use application shall include a certification from an engineering or acoustical professional that the Illinois Pollution Control Board regulations will not be violated by the proposed conditional use. Said application shall also include a baseline study of the background noise levels at the property lines of all adjacent properties.

d.

The application shall include the certification from an appropriate design engineer or other professional approved by the City of Wilmington that there shall be no shadow flicker on any nonparticipating commercial or residential structure caused by the training facility U-SWECS.

e.

The conditional use applicant shall include an agreement to indemnify and hold harmless the city from any and all lawsuits or cause of action alleging damage or improper zoning or any other claims arising from the siting, ownership or operation of the WECS, including, but not limited to, attorneys' fees and costs.

f.

Project summary including the nameplate generating capacity; equipment manufacturer; type and number of U-SWECS.

g.

Proposed maximum height for each electric-generating wind device and the diameter of each U-SWECS rotor.

h.

Evidence that the site is feasible for a wind farm facility.

i.

Certification that all electronic equipment conforms to all applicable city, state and national codes.

j.

Proof that the wind farm facility shall be operated without offensive noise, vibration, dust, smoke, odor, glare, lighting, risk of fire, explosion or other accident and shall not be detrimental to the public health, safety and/or general welfare of the immediate neighborhood or community at large.

k.

Property value protection plan. A plan shall be included to protect the property values of any nonparticipating real property owner within two miles of a U-SWECS tower or substation. Said plan should be consistent with the plan attached hereto as Exhibit B [see note following this section]. Any such plan is subject to the approval of the city administrator.

l.

Federal and state law compliance. The applicant shall provide evidence that the WECS meets or exceeds any and all standards and regulations of any agency, state or federal government with authority to regulate U-SWECS including, but not limited to, providing a determination that the proposed structure(s) are compliant with all Federal Aviation Administration regulations and do not interfere or present a hazard to any public or private aircraft.

m.

Shadow flicker study. The applicant shall have a third-party, qualified professional approved by the city administrator conduct an analysis on the potential shadow flicker on the nonparticipating properties and public roadways within two miles of any U-SWECS. The analysis shall identify locations of shadow flicker that may be caused by the project and any expected durations of flicker at these locations from sunrise to sunset over the course of a year. The analysis shall include measures to eliminate or mitigate these problems at the residences of nonparticipating landowners impacted by the shadow flicker. The study is subject to the approval of the city administrator.

n.

Project proposal road use plan. The city, township and county roads which will be used for construction, maintenance and transportation of supplies for the U-SWECS shall be identified on the site plan. All routes for either egress or ingress need to be shown. The routing shall be subject to approval of the designated Wilmington Engineer or representative. The applicant shall provide a pre-construction baseline survey performed by a qualified engineer approved by the city administrator, to determine existing road conditions for assessing potential future damage due to U-SWECS related traffic. If any damage or change to the roadways will occur, a road use agreement must be entered into and approved by the city administrator or its appointed representative. The applicant shall provide a road plan to ameliorate any and all damage, installation or placement of roads that might be required. The applicant shall provide cash or an escrow account in an amount and form approved by the City of Wilmington to cover all potential future damage. Any road construction or repair shall be completed in accordance with recognized standards for road construction that are subject to the approval of the city's appointed engineer or representative. If the city determines at any time that any road construction or repairs have not been completed in accordance with these recognized standards, the applicant will be responsible for correcting the work to the satisfaction of the city's appointed engineer or representative. Any vehicle that will exceed the maximum allowable weight to a city roadway will only be permitted upon the entry of a roadway agreement recommended by the city administrator or appointed representative.

o.

Drainage plan. The application shall include a drainage plan which provides that any damage to waterways, drainage ditches, field tiles or any other infrastructure caused by construction or maintenance of the U-SWECS shall be completely repaired to near original condition so as not to impede the natural flow of water. The plan shall provide that all repairs will be completed within seven days unless otherwise agreed to by the city and affected landowners. The plan must provide that the WECS owner will notify the city administrator or its appointed representative when the construction of any part of the project encounters underground field and drainage tiles and will provide proposals for remediation which will be subject to the approval of the city administrator or its appointed representative. The plan shall provide that all existing drainage tiles [that] will be crossed by private access roads shall be removed and replaced with load-resistant tile. The plan shall further provide that financial assurances will be posted in the form of cash, an escrow account, surety bond or letter of credit in a form and amount acceptable to the city administrator to assure compliance with the drainage plan.

p.

Liability insurance. The owner or operator of the U-SWECS shall maintain a current general liability policy covering bodily injury and property damage and name the City of Wilmington as an additional insured with limits of at least $2,000,000.00 per occurrence and $5,000,000.00 in the aggregate with a deductible of no more than $5,000.00.

3.

General regulations.

a.

Color. Training facility U-SWECS, except as required by the Federal Aviation Administration (FAA) or other authority, shall be finished in either off-white, light gray, or other neutral color, or a color as approved by the zoning administrator. The finish shall be flat or matte. The required color and finish shall be maintained throughout the life of the system.

b.

Lighting. The training facility U-SWECS shall not be illuminated or have any external lighting unless required by the FAA. To the extent warning lighting is required it shall consist of approved red strobe lights at the lowest intensity allowed and timed to activate at synchronized intervals. The applicant shall further seek leave from the FAA to utilize the least intrusive lighting possible. The applicant will employ the best available technology, if approved, to minimize the impacts of lighting, including lighting which is only activated upon approach of aircraft.

c.

Utilities. All electrical components of the U-SWECS shall conform to all applicable local utility standards and national electric codes. All electrical wires and lines connecting each training facility U-SWECS to other U-SWECS shall be installed underground.

d.

Signage. No wind tower shall have any advertising material, writing, picture, or signage other than warning, equipment identification or ownership information. This prohibition shall include the attachment of any flag, decorative sign, streamers, pennants, ribbons, spinners or waving, fluttering or revolving devices, but not including meteorological/weather devices.

e.

Warning Signage. Signs warning of the high voltage associated with the training facility U-SWECS shall be posted at every entrance to a training facility U-SWECS and at the base of all pad-mounted transformers and substations. A sign that provides emergency contact information, such as a phone number, shall be posted near each tower and operations and maintenance buildings.

f.

Safety/Climb Prevention. All U-SWECS shall be designed to prevent unauthorized access to electrical or mechanical components or access to the towers on the site. A monopole design with an internal ladder and locked access door is preferred and guy wired towers are disfavored. All towers shall not be climbable from the ground to 15 feet above ground and all access doors and towers and equipment shall be lockable.

g.

[Guy Wires and Anchoring Systems.] Guy wires and anchoring systems shall extend no closer than 200 feet from nonparticipating adjacent property lines. Visible, reflective, colored objects, such as flags, reflectors, or tape shall be placed on the anchor points of guy wires and along the guy wires up to a height of 15 feet from the ground.

h.

Electrical Components. All electrical components of the wind farm facility shall conform to applicable local, state, and national codes, and relevant national and international standards (e.g. ANSI and International Electrical Commission).

i.

Controls/Brakes. All wind towers shall be equipped with a redundant braking system. This includes both aerodynamic overspend controls (including variable pitch, tip, and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Stall regulation shall not be considered a sufficient braking system for overspend protection.

j.

Shadow Flicker. The U-SWECS shall not cause shadow flicker in excess of 30 hours annually at the residences or commercial buildings of any nonparticipating landowner properties unless waived by the landowner.

k.

Noise. Noise levels must comply with the Illinois Pollution Control Board Regulations.

l.

Signal and Electromagnetic Interference. U-SWECS shall not be installed at any location where its proximity to existing fixed broadcast, retransmission, reception antennas for radio, television or wireless phone or other personal communication systems would produce electromagnetic interference with the signal transmission or reception unless the Applicant provides a replacement signal for the affected party that would restore reception to at least the level present before the operation of the U-SWECS. U-SWECS shall not be installed within the line of site of an existing microwave communications link where operation of the wind energy system is likely to produce electromagnetic interference with the link's operation unless the interference is insignificant.

m.

Waste Disposal. All solid waste generated from supplies, equipment, parts, packaging or operation of the facility shall be removed from the site immediately and disposed of in an appropriate manner. Any hazardous waste which is generated by the facility, including, but not limited to, lubricating materials shall be removed consistent with all local, state and federal rules and regulations.

n.

Conformance Industry and Code Standard/Engineer Certification. The U-SWECS shall comply with all applicable local and county codes for the electrical, mechanical and structural components of the facility. All documents provided for review shall be stamped and signed by a professional engineer.

o.

Operation and Maintenance Inspections. Each owner, operator or successor in interest shall have the facility inspected annually by a third-party, qualified wind power professional at their own expense. The third-party, qualified wind power professional shall be subject to the approval of the Wilmington City Administrator or its designated representative. Within 15 days of the inspection a copy of any report must be provided to the City of Wilmington Administrator. U-SWECS may not operate unless a certificate is provided to the city administrator indicating the annual maintenance has been completed and the facility is in good working condition. Failure to provide this certification may cause the revocation of the conditional use permit.

p.

Coordination with Local Fire Department.

(1)

The applicant, owner or operator shall submit to the local fire department a copy of the site plan.

(2)

Upon request by the local fire department, the owner or operator shall cooperate with the local fire department to develop the fire department's emergency response plan.

(3)

Nothing in this section shall alleviate the need to comply with all other applicable fire laws and regulations.

q.

Setbacks Measured from the Vertical Centerline of the Foundation Tower:

(1)

From Participating Landowner.

(a)

Primary structures within subject property. One hundred fifty percent of the total height of the tower, the structure owner may waive this setback requirement; but in no case shall a tower be located closer to a primary structure than 110% of total height.

(b)

One hundred twenty-five percent of total height of tower from all participating landowner property lines and no closer than 150% from a primary structure of a participating property owner.

(2)

From Nonparticipating Landowner. One hundred ten feet from any nonparticipating landowner's property line unless a written waiver is acquired from the nonparticipating landowner.

r.

Minimum Lot Size:

(1)

The minimum lot size shall be 160 acres and limited to two towers per training facility. (Ord. 12-06-19-01, § 1, passed 6-19-12)

Note— Appendices A and B, hereinabove referenced, have not been included in the code but can be seen in the city's offices.