Summary Only
For full ordinance text, please find pdf below or visit county website.
Date Passed/Amended: May 9, 2012
Summary Written: June 21, 2022
Agricultural Use Table:
Eligible Zoning:
a) Commercial Wind Energy Conversion System (CWECS)
a. Agricultural District (AG)
b. Low Intensity Commercial District (C-1)
c. Commercial District (C-2)
d. Business Park District (BP)
e. Light Industrial District (I-1)
f. Heavy Industrial District (I-2)
Prohibition Language:
Required Information/Permits Required:
a) Commercial Wind Energy Conversion System (CWECS)
a. A Conditional Use Permit is required.
Request for Variance:
Site and Structure Requirements:
a) Compliance with all local, state, and federal regulations:
a. Commercial Wind Energy Conversion System (CWECS)
i. All CWECS must comply with all requirements of the Miami County Building Code.
ii. All CWECS shall comply with applicable FAA regulations, including any necessary approvals for installations close to any public or private airport.
iii. Structural design shall be in compliance with industry standards and manufacturers specifications. The structural design shall be approved and certified by a professional engineer licensed in the state of Kansas.
b) Concentrating Solar Power Facilities:
c) Fencing/Security:
a. Commercial Wind Energy Conversion System (CWECS)
i. All CWECS towers shall be reasonably protected against unauthorized climbing.
d) Glare minimization:
a. Commercial Wind Energy Conversion System (CWECS)
i. All CWECS shall maintain a galvanized finish or be painted white, gray, pale blue, pale green or another non-obtrusive and non-reflective color and finish.
ii. Blades may be black in order to facilitate deicing.
e) Height:
a. Commercial Wind Energy Conversion System (CWECS)
i. CWECS one hundred and fifty (150) foot height restriction does not apply to the Agricultural District, Low Intensity Commercial District, Commercial District, Business Park District, Light Industrial and Heavy Industrial District with the issuance of a Conditional Use Permit.
f) Lighting:
a. Commercial Wind Energy Conversion System (CWECS)
i. CWECS shall be lighted as required by the FAA. The applicant shall submit a copy of the FAA’s determination to establish the required marking and/or lights for the system.
g) Minimum Lot Size:
h) Noise:
a. Commercial Wind Energy Conversion System (CWECS)
i. Submittal of an acoustical analysis is required, which verifies that the sound level at the nearest property line shall not exceed sixty (60) dba.
ii. This level may be exceeded during short-term events and/or severe windstorms.
i) Outside storage:
j) Setbacks and Lot Coverage:
a. Commercial Wind Energy Conversion System (CWECS)
i. Minimum setback distance for any CWECS shall be 1.1 times the total height of the tower from any property line or overhead utility line.
k) Screening:
l) Signage:
a. Commercial Wind Energy Conversion System (CWECS)
i. A sign or signs shall be posted on the site to warn of high voltage and notice of no trespassing.
ii. Signs with emergency contact information shall also be posted.
m) Site Access/Emergency Response:
n) Utility Connections:
a. Commercial Wind Energy Conversion System (CWECS)
i. CWECS intra-project power lines shall be buried underground.
o) Waste:
Operation and Maintenance Plan:
a) Monitoring and Maintenance:
b) Soil and Erosion and Sediment Control:
a. Commercial Wind Energy Conversion System (CWECS)
i. Owner/operator shall be responsible for maintenance and restoration of all county roads leading to the project site that may be damaged during construction or due to activities involving the operation of the CWECS.
Decommissioning and Site Reclamation
a) Commercial Wind Energy Conversion System (CWECS)
a. CWECS shall be considered abandoned if the use is discontinued (no energy production) for a period of at least twelve (12) consecutive months unless a plan has been submitted and approved by the Planning Director, which outlines steps and a schedule for returning the CWECS to service.
b. A Decommissioning Plan shall be submitted, which outlines the anticipated means of removing the CWECS, including the foundation, and all other accessory facilities at the end of their serviceable life or abandonment.
c. All systems shall be decommissioned and all foundations removed to four (4) feet below grade within one hundred and eighty (180) days of abandonment.
