43-08 Amend Ord 91-95 Zoning Code - wind turbines

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congregate and create noise which may become a nuisance to adjacent residential areas. (4) Any extended hours of operation business including an outdoor/seasonal dining facility shall conform to the design requirements and other regulations pursuant to subsection 1161.03(t). (5) All exterior site and building lighting, which shall be provided, is approved by the Architectural Board of Review pursuant to Chapter 1325 of the Building Code, and such design shall minimize the intrusive effect of glare and illumination upon any abutting areas, especially residential. (6) Any extended hours of operation business adjacent to a residential district and/or use shall be enclosed with a six (6) foot high solid fence along such abutting property lines and be approved by the Architectural Board of Review pursuant to Chapter 1325. Such fence may be increased in height where the Commission deems necessary and be approved by the Board pursuant to Chapter 1153. (7) Delivery trucks shall only be permitted between the hours of 8:00 a.m. and 9:00 p.m. pursuant to Chapter 515 of the Ordinances. The Commission may prohibit or provide for other restrictions and conditions related to such deliveries, as it deems necessary to protect the surrounding neighborhood. (8) Crowd control or other security or safety measures and means of control for sounds, vibrations or odors may be required as deemed necessary by the Commission. (9) For any extended hours of operation business, in order to address specific conditions, the Commission may limit hours of operation during certain days of the week, month or year as deemed necessary to protect the surrounding neighborhood. (10) A Conditional Use Permit issued pursuant to subsection 1161.03(u) shall expire twelve (12) months after the date of issuance. Notwithstanding anything in this Chapter or this Section to the contrary, where the Commissioner determines, after compliance with the requirements of Section 1173.02, that a permit holder seeking renewal of a permit issued pursuant to this Section has remained in compliance with the conditions of said permit, the Commissioner may issue such renewal. (x) Residential Wind Turbines. In a residential district, residential wind turbines may be permitted as a conditionally permitted use where the proposed use complies with all applicable local, State and Federal laws. Section 7. It is found and determined that all formal actions of this Council concerning and relating to the passage of this Ordinance were adopted in an open meeting of this Council, and that all such deliberations of this Council and of any of its committees that resulted in such formal action were in meetings open to the public in compliance with all legal requirements.