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HomeMy WebLinkAboutOrdinances - MC-84-293 - 02/06/1984 - Ch 7 Wind Energy Conversion SystemsAN ORDINANCE ORDINANCE NO. MC-84-293 ..), — (,v - Lfy BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1. Chapter 7 of the Municipal Code, City of McHenry, Illinois be and the same is hereby amended by adding thereto the following provisions as and for Article X thereof: ARTICLE X WIND ENERGY CONVERSION SYSTEMS (WECS) Section 7.160 DEFINITION: "Wind Energy Conversion Systems (WECS)" shall mean any device that converts wind power to another form of energy, such as electricity or heat (also referred to by such common names as Wind Charger, Wind Turbine, or Wind Mill). Section 7.161. PERMITTED IN ALL ZONING DISTRICTS. WECS shall be considered a permitted use in all zoning districts within the City and shall comply with the terms and provisions of the Zoning Ordinance of the City applicable to the subject property and with the terms and provisions of this ordinance, whichever are the more stringent. Section 7.162. APPLICATION FOR PERMIT. No WECS shall be installed or operated within the City unless a written application shall first have been made to the City and a permit issued to allow such construction and operation. The applicant requesting a permit for a WECS shall furnish the City scaled drawings and other information with sufficient detail to show full compliance with the terms and provisions of this ordinance, including but not limited to, a plot plan of the premises showing lot lines, the precise location of all buildings and structures on the subject premises, the precise location of the proposed WECS device, and the location of all buildings and structures having a heighth in excess of 15 feet on all residential properties located within 60 feet of the WECS and all non-residential properties located within 100 feet of the WECS. Section 7.163. HEIGHT. The maximum height of a WECS located on residentially zoned property shall not be in excess of 60 feet nor more than 75% of the distance from the closest property line, whichever is less. The maximum height of a WECS located on non -residentially zoned property shall not be in excess of 100' nor more than 75% of the distance from the closest property line, whichever is less. The height shall be measured from the base of the WECS structure to the rotor -hub, top of the tower or the tip of the blade in its vertical position, whichever is higher. Section 7.164. SET -BACKS. No part of a WECS may be located within, or above, any front yard or side yard of the subject property as such yard is defined in the Zoning Ordinance of the City. Section 7.165. MINIMUM DESIGN STANDARDS. All WECS shall meet the following minimum design standards: (a) An automatic braking device capable of halting operation in high winds (40 m.p.h. or greater) shall be incorporated within the system. (b) The WECS shall be designed, constructed and operated so as not to create electro-magnetic interference with any radio, television or com- munications transmissions or receptions. ( c ) The operation of any WECS at a noise level which either annoys, injures or endangers the comfort, repose, health or safety of others is prohibited and is hereby declared to be a public nuisance and hazard. (d) The WECS shall be designed and constructed so as to prevent climbing of the structure by unauth- orized persons. As a minium requirement, the first 12 feet of the structure shall be unclimbable by design or shall be enclosed by a 6 feet high non -climbable fence with secured access. -2- (e) The WECS shall be designed and installed to withstand natural lightening strikes. (f) The WECS electrical equipment and connections shall comply with all laws and ordinances. Section 7.166. DESIGNATION OF AGENT FOR SERVICE OF NOTICE. The aforesaid application for a permit for a WECS shall also specify the name and address of the applicant's agent for the purpose of receiving notice from the City pursuant to the terms of this ordinance. Section 7.167. DISMANTLING OF WECS. Any WECS which fails to comply with any law, or ordinance of the City, shall cease operating immediately upon receipt of notice of such non-compliance and shall be brought into compliance within 30 days after receipt of such notice or shall be dismantled. Any WECS which ceases to operate for any 12 consecutive months shall be dismantled. In the event that the WECS is not dismantled within 30 days after notice is served upon or mailed to the applicant's aforesaid agent, the City shall be deemed to have been empowered and authorized by the applicant and owner to enter upon the premises on which such WECS is located without any prior or further notice, to dismantle such WECS, to dispose of such dismantled WECS in any manner the City deems convenient and to file a lien in the McHenry County Recorder of Deeds' Office against the subject premises in the amount of the City's costs associated with the dismantling and disposition of such WECS. SECTION 2. PENALTY Any person, firm or corporation violating any provision of this ordinance shall be fined not less than Twenty Dollars ($20.00) nor more than Five Hundred Dollars ($500.00) for each offense committed on each day during, or on which, a violation occurs or continues. SECTION 3. All ordinances, or parts thereof, in conflict with the terms and provisions hereof, be and the same are hereby repealed to the extent of such conflict. SECTION 4. This ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, Illinois. SECTION 5. This ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form, as provided by law. -3- PASSED this 6th day of February , 1984. AYES• Bolger, Nolan, Busse, Datz, McClatchey, Smith, Snell, Serritells NAYS : None ABSTAINED: None ABSENT: None NOT VOTING: None APPROVED this 6th day of February , 1984. ATTEST: CITY CLERK -4-