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NOTICE OF PUBLIC HEARING Notice is hereby given, that the Kosciusko County Area Plan Commission shall hold a public hearing to discus the amendments and revisions of the following sections of the Kosciusko County Zoning Ordinance; ARTICLE 1 - That the Kosciusko County Zoning Ordinance be amended and revised as follows: 3.14 Height Regulations: Except in agricultural, industrial, or commercial districts, no principle structure shall exceed forty (40) feet in height above mean ground level, and no accessory building shall exceed twenty-five (25) feet in height above mean ground level nor an eave height higher then sixteen (16) feet unless approved by the Board of Zoning Appeals. In any district the Board may authorize a variance from this height requirements if: 3.14.1 If All front and side depths are increased one (I) foot for each additional foot of height; or 3.14.2 The structure is any of the following and does not constitute a hazard to any established airport, television and radio towers, church spires, belfries, monuments, tanks, water and fire towers, cooling towers, chimneys, silos, elevator bulkheads, conveyors and flagpoles. 3.14.3 A variance may be granted for an accessory building which exceeds the standards of section 3.14, above, by petition to the Board of Zoning Appeals and under the criteria of section 5.3 of this ordinance TABLE A Residential Permitted Uses 12. Micro Wind System Public Uses Exception Uses 9. Micro Wind System 9. Wind Turbines (Large Wind System or Small Wind System), Wind Farm, anemometers and related devises and structures Agricultural II Permitted Uses Exception Uses 7. Micro Wind System 6. Small Wind System Agricultural Permitted Uses Exception Uses 11. Micro Wind System 40. Wind Turbines (Large Wind System or Small Wind System), Wind Farm, anemometers and related devises and structures Commercial Permitted Uses Exception Uses 15. Micro Wind System 30. Wind Turbines (Large Wind System or Small Wind System), Wind Farm, anemometers and related devises and structures Limited Industrial Permitted Uses Exception Uses 7. Micro Wind System 9. Wind Turbines (Large Wind System or Small Wind System), Wind Farm, anemometers and related devises and structures Light Industrial "1-2" Permitted Uses Exception Uses 7. Micro Wind System 10. Wind Turbines (Large Wind System or Small Wind System), Wind Farm, anemometers and related devises and structures Heavy Industrial "1-3" Permitted Uses Exception Uses 8. Micro Wind System 11. Wind Turbines (Large Wind System or Small Wind System), Wind Farm, anemometers and related devises and structures 3.29 WIND TURBINES 3.29.1 PURPOSE AND SCOPE - This article establishes general guidelines for the siting and use of wind turbine generators, anemometers and related devices and structures. This article is intended to: A. Protect residential areas from any potentially adverse visual or noise impacts of wind turbine generators or related devices and structures. B. Provide for a land use that will provide an energy source with low associated environmental impacts C. Provide for the removal of abandoned or noncompliant wind turbine generator towers, anemometer towers, or related devices and structures. E. Allow restricted use of wind turbine generator towers and anemometers of limited height. 3.29.2 APPLICABILITY A. Micro Wind System towers and anemometer towers under 55 feet in height shall be a permitted as listed under Table A and are subject to the standards of section 3.29.3 however are not subject to Section 3.29.4, B. Wind Farms, Wind Turbines (Large Wind System or Small Wind System), anemometer towers 55 feet in height and over, and all related devices and structures for the above shall only be permitted after special exception approval in accordance with Article 5, section 5.4, Exceptions, exclusively in the those districts listed on Table A and shall be subject to all standards and the requirements of Sections 3.29.3 and 3.29.4. 3.29.3 GENERAL REQUIREMENTS A. Minimum Site Area. The minimum site area for a wind turbine generator or an anemometer tower erected prior to a wind turbine generator shall be as necessary to meet required setbacks and any other standards of this ordinance. B. Setbacks. Each proposed wind turbine generator or anemometer tower shall meet the following applicable setback requirements: I. Each wind turbine generator or anemometer tower and any associated features (including guy wires) shall be set back from any adjoining lot line or road right-of-way line a minimum distance equal to the total height of the structure. 2. Large and small wind system(s) must be located at least 1000' from any occupied structure (including but not limited to residences, schools, churches, medical buildings), except occupied structures located on-site. Occupied Structures located adjacent to and off-site [Tom a large or small wind system shall maintain these same minimum separation requirements. No occupied structure shall be built less than 1000' from any existing large or small wind system. 3. Wind Farms occupying multiple parcels may have internal property line setbacks waived by execution of a written document signed by all land owners sharing such a property line. All such documents shall be recorded in the office of the Kosciusko County Recorder and presented at the time of per mining. E. Minimum Rotor Wind Vane or Blade Clearance. The lowest point of the arc created by rotating wind vanes or blades on a wind turbine generator shall be no less than 25 feet or 113 of the tower height whichever is greater. F. Maximum Noise Levels. Any proposed wind turbine generator shall produce sound levels that are no more than 50 decibels as measured on the dB (A) scale at the property lines of the site in question. A noise report shall be submitted with any application for an anemometer tower or wind turbine generator tower. A noise report shall be prepared by a qualified professional and shall include the following, at a minimum: I. A description and map of the projects noise producing features, including the range of noise levels expected, and the basis of the expectation; 2. A survey and report prepared by a qualified engineer that analyzes the pre-existing ambient noise (including seasonal variation) and the potentially affected residences, schools, public buildings or other noise sensitive land uses located within 2 miles of the proposed project site. 3. A description and map of the cumulative noise impacts and any problem areas identified. 4. A description of the project's proposed noise control features and specific measures proposed to mitigate noise impacts for sensitive land uses. G. Maximum Vibrations. Any proposed wind turbine generator shall not produce vibrations humanly perceptible beyond the property on which it is located. H. Transmission Lines. Any on-site electrical transmission lines connecting the wind turbine generator to the public utility electricity distribution system shall be located underground. I. Interference with Reception. Any wind turbine generators shall be constructed and operated so that they do not interfere with television, microwave, navigational or radio reception to neighboring areas. J. State or Federal Requirements. Any proposed wind turbine generator or anemometer tower shall meet or exceed any additional local, state, or federal standards and regulations. K. Aesthetics and Lighting. Any proposed wind turbine generator or anemometer tower shall meet the following requirements: I. Each wind turbine generator or anemometer tower shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color, such as gray or white, so as to reduce visual obtrusiveness. 2. Each wind turbine generator, including all accessory structures, or anemometer tower shall, to the extent possible, use materials, and colors that will blend them into the natural setting and surrounding buildings. 3. Each wind turbine generator or anemometer tower shall not be artificially lighted, except as required by the FAA in which instance all lighting shall be shielded as much as possible so that no glare extends substantially beyond the boundaries of the facility. In the instance that "strobe" lighting is required it should be configured so that it is alternating lighting; white light during daylight, red light at night. 4. Each wind turbine generator tower may be a monopole, monotube or lattice style construction and shall not include guy wires. This provision shall not apply to anemometer towers. L. Signs. A sign no more than 4 square feet in area displaying an address and telephone number for emergency calls and informational inquiries shall be posted at the wind turbine generator or anemometer tower erected prior to a wind turbine generator. No wind turbine generator tower or anemometer tower or site shall include an advertising sign. M. Not Essential Services. Wind turbine generators and anemometers shall be regulated and permitted pursuant to this Article of the Zoning Ordinance and shall not be regulated or permitted as essential services, public utilities, or private utilities. N. Removal of Abandoned or Unsafe Wind Turbine Generators or Anemometer Towers I. Any wind turbine generator or anemometer tower that is not operated for a continuous period of 6 months shall be considered abandoned. 2. Any tower found to be unsafe or not in compliance with the special exception conditions related to noise or shadow flicker placed upon it by the Board of Zoning Appeals (BZA), shall be found to be in violation of the special exception approval. 3. The owner of any wind turbine generator tower or anemometer tower that is abandoned or in violation of the special exception approval shall remove the same within 90 days of receipt of notice from the Area Plan Commission of such abandonment or violation. 4. In addition to removing the wind turbine generator, or anemometer tower, the owner shall restore the site to its condition prior to location of the wind turbine generator or anemometer tower (excluding replanting of original vegetation and trees), subject to reasonable wear and tear and shall stabilize soils through use of ground cover. 5. Failure to remove an abandoned wind turbine generator or anemometer tower within the 90 day period provided in this subsection shall be grounds for the Kosciusko County Area Plan Commission to pursue the violation as prescribed under section 4.12 of this ordinance. 6. The Planning Commission may require the applicant to file a bond equal to the reasonable cost of removing the wind turbine generator or anemometer tower and attendant accessory structures as a condition of a special exception given pursuant to this section. O. Climb Prevention - All-Tower designs must include features to deter climbing or be protected by anti-climbing devices such as: I. Fences with locking portals at least six feet high; or 2. Anti-climbing devices 15 feet vertically from the base of the tower. 3. Locked tower doors. 3.29.4 SPECIAL EXCEPTION APPROVAL REQUIRED A. Unless exempted under Section 3.29.2, all wind turbine generators and anemometer towers shall be subject to special exception approval and all requirements for special exception uses in Article 5, section 5.4. In addition to the general standards of approval for special exception, all special exceptions regulated under this Article shall comply with the following standards of approval: J. The use shall meet all general requirements listed above in Section 3.29.3. 2. A performance bond is placed in conformance with 3.29.3.N.6, above, to ensure removal of any abandoned or dangerous wind turbine generator tower. 3. As specified in Section 3.29.3.E a Noise Report is submitted including satisfactory mitigation measures to assure that no nearby residential uses will be subjected to unreasonable noise impacts. 4. The special exception granted by the BZA for a proposed project shall be valid for a period of one (I) year in which to apply for an Improvement Location Permit, after which approval shall terminate and be of no further force or effect if construction in earnest of the approved towers has not commenced. The Applicant shall be granted a one (I) year extension to result in a total of two (2) years from the date of the BZA approval if the Applicant presents a request for an extension to the BZA and provides a report to the BZA which shows the progress made on the project. Thereafter, an additional extension shall be at the BZA's discretion. This Hearing will be held in the Commissioners meeting room on the 3rd floor of the Kosciusko County Courthouse at 100 W. Center St., Warsaw, Indiana, on Wednesday the 4th day of February at 1:00 P.M. All interested persons are invited to attend and be heard. Written comments will be considered if they are received in the Office if the Kosciusko County Area Plan Commission, Warsaw, Indiana, no later that 12:00 Noon on the day of the hearing. Copies of the proposals are available upon request in the Kosciusko County Area Plan Commission Office. Kosciusko County Area Plan Commission Daniel W. Richard Director j24,31
