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Commissioner Barnaby
opened the hearing and turned the discussion over to Steve
Brown, Director of Regional Planning. Mr. Brown stated that the
Zoning Commission met in December to consider an application for
a zoning district amendment in York Township and a proposed
amendment to the Fulton County Rural Zoning Resolution.
Mr. Brown went over
the proposed changes as follows:
1. Applicant
Jerry Tedrow, of 8855 – GF has requested an amendment of the
Fulton County Rural Zoning Code, Section 100-4.2, Zoning Plan.
The proposed amendment is for the rezoning of approximately
26.99 acres located in an Agricultural Rural Estate District
(AG/RE) to an Agricultural District (A-1) on the following
described property situated in the SE ¼ Section 14, T7N, R7#,
York Township, County of Fulton and State of Ohio and further
described as parcel #29-056344.01.000 located at 8895-FG.
2. Other
proposed changes involve amending various sections of the Fulton
County Rural Zoning Resolution. The proposed amendments are as
follows:
2008 Proposed
Amendment to Fulton County Rural Zoning Resolution
ARTICLE 100-2:
INTENT AND PURPOSE
The purpose of this
law is to promote the public health, safety and morals
in the interest of public health, safety, and convenience,
comfort, prosperity, or general welfare.
100-5.2
Scope
14. A zoning
permit shall be required for the erection, construction or
alteration of a free-standing solar energy structure. All solar
energy structures shall be approved by the Zoning Inspector as
to their conforming to the requirements of the zoning district.
100-5.8
Wind Turbines (New Section)
Purpose
The purpose of this
section is to establish general guidelines for the location of
wind turbine generators and anemometer towers. This section is
consistent with the stated purpose of the Fulton County Rural
Zoning Resolution: “Protecting the public health, safety,
comfort, and general welfare” of its residents. The County
recognizes in some specific instances, under carefully
controlled circumstances, it may be in the public interest to
permit the placement of wind turbine generators in certain areas
of the County. The County also recognizes the need to protect
the scenic beauty of the County from unnecessary and
unreasonable visual interference, noise radiation, and that wind
turbine generators may have negative health, safety, welfare,
and aesthetic impacts upon adjoining and neighboring uses. As
such, this section seeks to:
1.
Protect residential and agricultural areas from potential
adverse impact of wind turbine generators;
2.
Permit wind turbine generators in selected areas by on-site
residential, commercial, or industrial users, subject to the
terms, conditions, and provisions hereof;
3.
Ensure the public health, welfare, and safety of the County’s
residents in connection with wind turbine generators; and
4.
Avoid potential damage to real and personal property from the
wind turbine generators or anemometer towers or the failure of
such structures and related operations.
Permitted Use
Small wind energy
systems shall be a permitted use in all zoning districts where
structures of any type are allowed, subject to the following
regulations:
Height and Acreage
The maximum height
of any turbine shall be 120 feet, which includes the tower and
the maximum vertical height of the turbine’s blades. Maximum
height shall be calculated by measuring the length of a prop at
a maximum vertical rotation to the base of the tower. A wind
turbine shall be located on a minimum of 1 acre. A height
limitation does not apply to parcels 5 acres and larger, unless
height restrictions are imposed by the F.A.A.
Setbacks
Any wind turbine
system erected on a parcel of land must establish a “clear fall
zone” from all neighboring property lines and structures, as
well as any structures on the parcel intended for the turbine.
A wind turbine must be erected and placed in such a manner that
if it were to fall, the entire system would be contained solely
on the property where the turbine was installed, and would not
strike the primary dwelling. No part of the wind energy system,
including guy wire anchors, which would require a waiver by the
BZA, shall extend closer than ten (10) feet to the property
boundaries of the installation site.
Lighting
The maximum lighting
used for or on the structure is a low intensity red light
designed by the Federal Aviation
Administration.
Decibel Levels
Decibel levels for
the system shall not exceed 60 decibels (dBA) measured at the
closest neighboring inhabited dwelling, except during short-term
events such as utility outages and severe windstorms.
Aesthetics
The wind energy
system, including the prop blades, turbine, cowling, and tower
shall be painted or coated either in white, gray or sky blue.
Logos or other identification markers other than those of the
manufacturer and model type shall not be permitted anywhere on
the turbine.
Federal Aviation
Administration
The FAA is required
to receive notification of any construction or alteration of an
object that is more than 200 feet in height above the ground
level at the site or if the object is located within 10,000 feet
of an airport per FAA, Title 14, Section 77.13.
Permits
A permit shall be
required before construction of an individual wind turbine
system. As part of the permit process, the applicant shall
inquire with the Fulton County Regional Planning Commission as
to whether or not additional height restrictions are applicable
due to the turbine’s location in relation to the Fulton County
Airport, Toledo Express Airport, or the Helicopter Overlay
District.
The following items
and or information shall be provided when applying for a permit:
1.
Location of all public and private airports in relation to the
location of the turbine, as well as any applicable FAA
restrictions that may be applicable to the turbine.
2. An
engineering report that shows:
a. The
total size and height of the unit.
b. The
total size and depth of the unit’s concrete mounting pad.
c. An
average decibel rating for that particular model.
d. A
list and or depiction of all safety measures that will be on the
unit including anti-climb devices, grounding devices, and
lightning protection.
e.
Data specifying the kilowatt size and generating capacity of the
particular unit.
3. A
site drawing showing the location of the unit in relation to
existing structures on the property, roads and other public
right-of-ways, and neighboring properties.
4.
Evidence of a “clear fall zone” with the manufacturer
recommendations must be attached to the engineering report.
5.
Color of the unit as well as the location and size of the
manufacturers identifying logos shall be included in the plan.
6. A
maintenance schedule as well as a dismantling plan that outlines
how the unit will be dismantled shall be required as part of the
permit.
7. The
small wind turbine wire shall be placed underground to any
structures.
8. The
applicant shall notify the Zoning Inspector if operations of the
wind turbine cease and shall be removed within 60 days of
ceasing operations.
9. No
grid-interconnected wind energy system shall be installed until
evidence has been given that the utility company has been
informed of the customer’s intent to install a grid-connected
customer-owned generator. Off-grid systems shall be exempt from
this requirement.
100-9.3
Conditionally Permitted Uses (AG/RE District)
1.
The raising of fur-bearing animals subject to the following
conditions:
a.
The commercial raising of fur-bearing animals, including minks,
chinchillas, rabbits, fox, guinea pigs and similar animals,
shall be located on a contiguous parcel of land twenty (20)
acres or more in area. All outdoor runs or breeding areas shall
be enclosed on all sides by an obscuring wall or fence not less
than four (4) feet in height. All such runs or breeding areas
and shelter areas shall be set back from the front property line
a minimum of one hundred (100) feet, and the rear property line
a minimum of one hundred (100) feet.
b.
The commercial raising of domestic or laboratory animals such as
cats, dogs, mice, rats, or other similar animals shall be
located on a parcel of property not less than ten (10) acres in
area. All outdoor runs or breeding areas shall be enclosed on
all sides by a wall or fence.
100-16.3 &
100-17.4 Industrial Performance Standards
No activity,
operation, or use of land, building or equipment of any use, as
established in this district, shall produce or create dangerous,
injurious, noxious, or otherwise objectionable, fire, explosive
or other hazard, noise or vibration, smoke, dust, odor or other
form of air pollution, glare, electrical or other disturbance,
liquid or solid refuse or waste; such an amount as to affect
adversely the surrounding area or adjoining premises. The
foregoing hereinafter shall be referred to as a “Nuisance
Factor”. All applicable federal, state, and local regulations
shall be adhered to.
100-18.2
Footnotes to Schedule of Regulations
d. All
proposed lot splits, shall be reviewed by the Fulton County
Regional Planning Commission for approval or disapproval. If
denied by the Regional Planning Commission, the applicant may
appeal to the Fulton County Zoning Board of Appeals for a
hearing.
100-22.1
Amendments or Supplements to Zoning Resolution, Procedure,
Referendum
Within twenty (20)
days after such public hearing the Board of County Commissioners
shall either adopt or deny the recommendations of the Zoning
Commission or adopt some modification thereof. In the event the
Board of County Commissioners denies or modifies the
recommendations of the County Rural Zoning Commission, the
unanimous a simple majority vote of the Board of
County Commissioners shall be required.
(New Definition)
Solar Energy
Structure: A structure designed to utilize solar energy as
an alternative for, or supplement to a conventional energy
system.
Commissioner Barnaby
asked for any further questions or testimony. None were given.
Commissioner Genter
made the motion to approve the amendments to the Fulton County
Rural Zoning Resolution as presented and Commissioner Short
seconded the motion. A roll call vote was taken: Genter, yes;
Short, yes; Barnaby, yes. Motion carried unanimously.
Commissioner Genter
made the motion to approve the amendment to Section 100.42 of
the Fulton County Rural Zoning Code as presented and
Commissioner Short seconded the motion. A roll call vote was
taken: Genter, yes; Short, yes; Barnaby, yes. Motion carried
unanimously. |
