G52-14 (2)Ordinance No . G52-14
AN ORDINANCE
AMENDING TITLE 19 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED ,
ENTITLED "ZONING" TO PROVIDE FOR REGULATIONS
RELATING TO WIND ENERGY SYSTEMS
WHEREAS, the City of Elgin enacted the Sustainability Action Plan in August 2011 , to
encourage the community to pursue alternative and renewable sources of energy; and
WHEREAS, the provision of wind energy systems on property within the community is
consistent with the goals and objectives of the Sustainability Action Plan and will help to reduce
community's energy demand; and
WHEREAS, written application has been made to amend the Elgin Zoning Ordinance to
provide for the installation of wind energy systems on property; and
WHEREAS, the Planning and Zoning Commission held a public hearing concerning the
proposed amendments after due notice in a manner provided by law; and
WHEREAS, the Planning and Zoning Commission has forwarded the proposed
amendments to the city council with a recommendation for approval and finding that the
proposed amendments:
Promote energy conservation and the use of renewable energy by city of Elgin residents
and businesses
Develop clean and renewable energy alternatives unique to Elgin
Pursue alternatives and renewable energy systems to reduce Elgin' s urban peak energy
demand .
Will enhance the effectiveness of the Zoning Ordinance;
Will not negatively affect city efforts to promote a positive image.
WHEREAS , the Community Development Department recommends the requested
amendment be granted.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS :
Section 1. That Section 19.90.015 of the Elgin Municipal Code, 1976, as amended,
entitled "Definitions and Regulations," be and is hereb y further amended to add the following
language :
WIND ENERGY CONVERSION SYSTEM: Equipment used solely within a non-residential
application to convert and then store or transfer energy from the wind into electricity. This
equipment includes any base, blade, foundation, generator, nacelle, rotor, tower, transformer,
vane, wire, inverter, batteries or other component used in the system. A Wind Energy
Conversion System shall be subject to the following supplementary regulations:
A. Maximum Capacity: Wind Energy Conversion Systems shall have a maximum rated
capacity of not more than twenty (20) kilowatts.
B. Compatibility with neighboring properties: Wind Energy Conversion System shall utilize
building materials that comply with the wind turbine manufacturer's specifications. The
accessory equipment structure should have colors and textures that are compatible with
the existing principal building on the zoning lot [SR] and that effectively blend the
system into the surrounding setting and environment to the greatest extent possible.
Accessory structures [SR] shall comply with Chapter 19.14 -"Architectural Design and
review" of the zoning ordinance. Additionally, no Wind Energy Conversion System
Tower shall be constructed with climbing rungs less than twelve feet (12') from the grade
on which the tower is located.
C . Electromagnetic Interference: No Wind Energy Conversion System shall cause
electromagnetic degradation in performance of other electromagnetic radiators or
receptors of quality and proper design.
1. The determination of degradation of performance and of quality and proper
design shall be made in accordance with good engineering practices as defined in
the latest principles and standards of the American Institute of Electrical
Engineers, the Institute of Radio Engineers and Electrical Industries Association.
In case of any conflict between the latest standards and principles of these groups,
the precedence in the interpretation of the standards and principles shall be in
their order oflisting (with the former listed group granted highest priority).
2. Rotor blades shall utilize nonmetallic rotor blades unless the applicant can supply
documentation from an appropriate testing laboratory certifying that any metallic
blade rotor proposed to be used will not cause electromagnetic interference.
3. The city reserves the right to revoke any permit granting a Wind Energy
Conversion System whenever electromagnetic interference from that system
becomes evident.
D. Shadow Flicker and Blade Glint: A wind energy system shall be located, designed and
operated so that shadow flicker from moving blades or reflected blade glint of the sun
will not occur on any other property. Applications for Wind Energy Conversion System
Towers shall be accompanied by documentation including an analysis on potential
shadow flicker and blade glint on other properties .
1. The analysis shall identify the locations of shadow flicker and blade glint that
may be caused by the proposed wind energy conversion system, and the expected
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durations of the flicker and blade glint at these locations from sunrise to sunset
over the course of a year.
2. The analysis shall identify measures that shall be taken to eliminate or mitigate
the problems.
E . High Wind Safety: All Wind Energy Conversion Systems shall contain a rotor speed
regulation mechanism that engages at wind speeds in excess of the manufacturer's
recommended safe operating speed and minimizes the potential for wind damage to the
equipment. Manufacturer's specifications shall be submitted with the building permit
application.
F. Graphics : No graphics of any kind are permitted, except for any applicable warning and
equipment information graphics required by the manufacturer or by federal , state or local
regulations.
G. Lighting : Wind Energy Conversion Systems shall not be illuminated by artificial means,
except where the illumination is specifically required by the Federal Aviation
Administration (FAA) or federal, state, or local regulation.
H. Noise: Wind Energy Conversion Systems shall comply with standards governing noise as
contained in Chapter 10 .30 of the Elgin Municipal Code. Additionally, a noise report
shall be submitted with any application for a wind energy conversion system tower. The
noise report shall be prepared by a qualified professional and shall include the following:
1. A description of the wind energy conversion system's noise producing features,
including the range of noise levels expected;
2. A description and map of the noise sensitive environment located within 1,000
feet of the wind energy conversion system, including any sensitive noise
receptors, i.e . residences, hospitals, libraries, schools, places of worship, parks,
areas with outdoor workers and other facilities where noise is a significant
concern;
3 . A survey and report prepared by a qualified engineer that analyzes the pre-
existing ambient noise (including seasonal variation) and the affected sensitive
noise receptors located within 1,000 feet of the proposed project site;
4 . A description of the proposed noise control features and specific measures
proposed to mitigate noise impacts for sensitive receptors as identified above to a
level of insignificance.
I. Maintenance required: All Wind Energy Conversion Systems shall be kept in good repair
and free from rust.
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J. Abandonment: A Wind Energy Conversion System shall be deemed abandoned if the use
as a Wind Energy Conversion System is discontinued. There shall exist a rebuttable
presumption that the use was intended to be abandoned, if the normal operation of the
system is stopped for a period of one (1) year. All components of an abandoned or
unused Wind Energy Conversion Systems shall be removed within twelve (12) months of
the cessation of operations unless an extension is approved the Code Enforcement
Official. If an extension is not granted, such Wind Energy Conversion System shall be
deemed a nuisance, and subject to the requirements of the City's property maintenance
code, requiring removal at the property owner's expense. Following the removal of the
Wind Energy Conversion System, the owner or operator of the site shall restore the site to
at least its original condition.
WIND ENERGY CONVERSION SYSTEM TOWER: A Wind Energy Conversion System
[SR] mounted on any type of structure consisting of a mast, pole, tripod, or tower, which exceeds
twenty (20) linear feet in combined height, where the sole purpose of such structure is to increase
the height of the Wind Energy Conversion System. Wind Energy Conversion System Towers
shall be subject to the following supplementary regulations:
A . Number: No more than one (1) Wind Energy Conversion System Tower may be
located on a Zoning Lot [SR] less than five (5) acres, and no more than three (3)
Wind Energy Conversion System Towers may be located on a Zoning Lot greater
than five (5) acres.
B. Separation: Wind Energy Conversion System Towers shall be separated by a
distance equal to two times (2x) the height of the tallest tower.
C . Height:
1. For the purpose of this supplementary regulation, "combined height" shall
mean the height measured at the highest part of the Wind Energy
Conservation System Tower plus the tallest extension of any part of the
Wind Energy Conversation System mounted thereto, such as the rotor
blade.
2. The maximum combined height of a Wind Energy Conversion System
Tower shall not exceed sixty (60) feet on a zoning lot less than five (5)
acres and one hundred (100) feet on a zoning lot greater than five (5)
acres. The applicant shall justify the height request with documentation on
the relationship of the proposed height to the efficiency of the particular
Wind Energy Conversion System proposed to be used .
3. A Wind Energy Conversion System Tower may have a combined height
of no more than one hundred and fifty (150) feet on a zoning lot greater
than five (5) acres only if the Wind Energy Conversion System Tower is
located at least one thousand (1,000) feet from a residence district, a
residence conservation district, or residential property located beyond the
city's municipal boundary located within a district primarily designated
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residential. The applicant shall justify the height request with
documentation on the relationship of the proposed height to the efficiency
of the particular Wind Energy Conversion System proposed to be used.
4 . The distance limitation in Subsection 3 of this definition shall be measured
in a straight line, without regard to intervening structures, objects, or non-
residential zoning districts , from the base of the Wind Energy Conversion
System Tower to the nearest point on the nearest residence district or
residence conservation district or to the nearest point on the "lot ofrecord"
[SR] line of a residential property located beyond the city's municipal
boundary located within a district primarily designated residential.
5. The minimum distance between the ground and the vertical length of any
extensions or moving parts such as rotor blades shall be fifteen (15) feet.
D. Setback: Wind Energy Conversion System Towers shall be located a minimum
distance in an amount equal to 1.1 times the combined height of the Wind Energy
Conversion System Tower from any residence conservation district, any residence
district , any community facility district, any business district, the CI Commercial
Industrial District, a public right-of-way , or residential property located beyond
the city's municipal boundary located within a district primarily designated
residential.
E. Accessory Equipment: All accessory equipment shall be located within an
enclosed building or, where such equipment is located on the ground, shall be
screened on all sides with a solid fence and screening landscape material. The
fence shall be no less than six ( 6) feet in height and landscape material shall
consist of a combination of evergreen trees and shrubs where the number of trees
is calculated as the total length of the perimeter of the screening fence (L) divided
by 50 and the number of shrubs is calculated as the total length of the perimeter of
the screening fence (L) multiplied by 0.15.
F. Design: Wind Energy Conversion System Towers shall be designed as a
monopole. Metal towers shall be constructed per the wind turbine manufacturer's
specifications and be of a corrosive resistant material. Unpainted, galvanized
metal towers shall be well maintained and free from corrosion.
WIND ENERGY CONVERSION SYSTEM MOUNTED ON AN EXISTING BUILDING: Any
"Wind Energy Conversion System" [SR] which is not a "Wind Energy Conversion System
Tower" [SR], and which is located on an existing Building [SR]. A Wind Energy Conversion
System Mounted on an Existing Building [SR] shall be subject to the following supplementary
regulations:
A. Clearance : No component of a Wind Energy Conversion System Mounted on an
Existing Building [SR] shall be lower than fifteen (15) feet above the average
grade at the foundation of the building. Additionally, no component of a Wind
Energy Conversion System Mounted on an Existing Building shall exceed twenty
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(20) feet in height above the average surface of the roof measured at the base of
the system. The applicant shall justify the height request with documentation on
the relationship of the proposed height to the efficiency of the particular Wind
Energy Conversion System proposed to be used.
B. Number: Each Wind Energy Conversion System Mounted on an Existing
Building [SR] shall have at least 10,000 square feet of building rooftop, and no
building rooftop shall have more than five (5) such systems.
C. Location: No Wind Energy Conversion System shall be located on the face of an
existing structure or cover or interrupt any major architectural feature , such as
doors , windows, or decorative architectural elements. Wind Energy Conversion
Systems shall be mounted on the roof of buildings and setback no less than ten
(10) feet from the front, side and rear walls of the building upon which it is
mounted.
D. Accessory equipment shall be either roof-mounted or located within an enclosed
building. Roof-mounted accessory equipment shall be screened from view from
public rights of way through the use of screening fences or walls. All screening
shall be constructed fully of materials incorporating the principal building
materials and architectural elements. Screening of the rooftop wind energy
conversion system is not required.
E. No Wind Energy Conversion System shall be located on a building containing a
residential land use within the building.
F. No Wind Energy Conversion System shall be located on a building that is
designated an individual historic landmark in accordance with Title 20 of the
Elgin Municipal Code entitled "Elgin Historic Preservation Ordinance."
Section 2. That the following sections of the Elgin Municipal Code , 1976, as amended ,
be and are hereby further amended as follows :
A. That Section 19.30.130 .A. of the Elgin Municipal Code, 1976, as amended , entitled
"Permitted Uses" (Land Use , Community Facility District) be and is hereby further
amended to add the following land use :
6. Transportation, communication and utilities division
"Wind Energy Conversion Systems" [SR]
"Wind Energy Conversion System Towers" [SR].
B . That Section 19.35.430.A. of the Elgin Municipal Code, 1976, as amended, entitled
"Permitted Uses" (Land Use, AB Area Business District) be and is hereby further
amended to add the following land use:
11. Transportation, communication and utilities division
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"Wind Energy Conversion Systems Mounted on an Existing Building" [SR]
C. That Section 19.35.530.A. of the Elgin Municipal Code, 1976, as amended, entitled
"Permitted Uses " (Land Use, CCI Center City District) be and is hereby further amended
to add the following land use :
9. Transportation, communication and utilities division
"Wind Energy Conversion Systems Mounted on an Existing Building" [SR]
D. That Section 19.35.730.A. of the Elgin Municipal Code, 1976, as amended, entitled
"Permitted Uses" (Land Use, CC2 Center City District) be and is hereby further amended
to add the following land use:
9. Transportation, communication and utilities division
"Wind Energy Conversion Systems Mounted on an Existing Building" [SR]
E. That Section 19.40.130.A. of the Elgin Municipal Code, 1976, as amended, entitled
"Permitted Uses" (Land Use, ORI Office Research Industrial District) be and is hereby
further amended to add the following land use:
10. Transportation, communication and utilities division
"Wind Energy Conversion Systems" [SR]
"Wind Energy Conversion System Towers" [SR].
F. That Section 19.40.330 .A. of the Elgin Municipal Code, 1976, as amended, entitled
"Permitted Uses" (Land Use, GI General Industrial District) be and is hereby further
amended to add the following land use:
10. Transportation, communication and utilities division
"Wind Energy Conversion Systems" [SR]
"Wind Energy Conversion System Towers" [SR].
G. That Section 19.40.530 .A. of the Elgin Municipal Code, 1976, as amended, entitled
"Permitted Uses" (Land Use, CI Commercial Industrial District) be and is hereby further
amended to add the following land use:
10. Transportation, communication and utilities division
"Wind Energy Conversion Systems" [SR]
"Wind Energy Conversion System Towers" [SR].
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Section 3. That Section 19.12 .600.E. entitled "Obstructions in Yards " (Side Yards) of the
Elgin Municipal Code, 1976, as amended, be and is hereby further amended to add the following
language :
Miscellaneous: "Wind Energy Conversion Systems" [SR] and "Wind Energy Conversion
System Towers" [SR], encroaching zero linear feet into the required "building" [SR]
"setback" [SR] from an "interior lot line" [SR], and subject to the provisions for land use
of the zoning district in which they are located.
Section 4. That Section 19.12.800 entitled "Authorized Site Design Variations" of the
Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding the
following paragraph :
D. Height: To permit an increase in the required maximum height of a structure or a
building. The maximum height of "Wind Energy Conversion Systems" [SR] and "Wind
Energy Conversion System Towers" [SR] shall not exceed ten percent (10%) of the
maximum allowable height of such system or tower. Applications to vary the maximum
height of "Wind Energy Conversion Systems" or "Wind Energy Conversion System
Towers" shall be accompanied by the following additional information:
1. Scientific information, including but not limited to manufacturer's specifications
and warranties, engineer's calculations and drawings and all such technical
documents to justify the relationship of the proposed additional height to the
efficiency of the particular system to be used.
2. A site plan, scaled to accurate dimensions , showing the location and height of the
proposed facilities with respect to the subject site, as well as all structures within
three hundred feet (300') of the subject property .
3. Mitigation to justify the additional requested height of the Wind Energy System.
For ground-mounted systems, mitigation must be proposed through the use of
increased setbacks from all lot lines and a combination of screening and landscape
material. For building-mounted systems, mitigation must be proposed through the
use of increased setbacks from the edge of the building and adequate screening
designed in material, colors and textures similar to those of the building on which
the system is installed.
Section 5. All above affected sections of Title 19 shall be re-alphabetized accordingly.
Section 6. That all ordinances or parts of ordinances in conflict with the provisions of
this ordinance be and are hereby repealed to the extent of any such conflict.
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Section 7. That this ordinance shall be in full force and effect upon its passage and
publication in the manner provided by law.
Presented: September 24, 2014
Passed: September 24, 2014
Omnibus Vote: Yeas: 9 Nays : 0
Recorded: September 24, 2014
Published: September 26, 2014
Attest:
-~4,14<~ ~ "'Rimberly Dewis , Citlerk
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