73-08 Amend 1103.02 Wind Energy Facilities

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PLACED ON is"t,Rt;ADING PUBLIC WORKS COMMITTEE READSNG+7/21/08. ORDINANCE NO. 73=u8 BY: DEVER REFERRED TO THE 7/7/.08,.2ND Antonio, Bullock, Butler, Madigan, Powers, Summers. AN ORDINANCE to amend the Zoning Code of the City of Lakewood, Ordinance No. 91-95, to include provisions to create a conditional use for Wind Energy Facilities and to regulate the placement of Wind Energy Facilities within the City of Lakewood and two miles into Lake Erie from the natural shoreline. WHEREAS, Ohio Revised Code §721.04, Use and control of waters and soil of Lake Erie, permits a municipal corporation to establish regulations prohibiting the placement, maintenance of unlawful encroachments within the municipal territory and extending into Lake Erie to the distance of two miles from the natural shoreline; and WHEREAS, this Council recently adopted legislation that regulates the placement of wind turbines within the City of Lakewood; and WHEREAS, the Planning Commission has already granted one application for a Conditional Use Permit for placement of a wind turbine on a lakefront residential property within the City of Lakewood; and WHEREAS, with increasing demands for energy placing addifional burdens on our natural resources, alternative forms of energy are necessary and encouraged; and WHEREAS, the Administration and this Council are in support of alternative forms of energy, including the placement of wind turbines or wind energy facilities within the jurisdictional limits of the City of Lakewood so long as the placement does not negatively impact surrounding or competing land uses. Now, therefore BE IT ORDAINED BY THE CITY OF LAKEWOOD, STATE OF OHIO Section 1. That Section 1103.02, Definitions, of the Zoning Code of the City of Lakewood, currently reading as follows: 1103.02 DEFINITIONS The following terms and phrases shall have, for purposes of the Code, the meanings as set forth in this section. (aaa) PRINCIPAL USE means the use to which the greatest percentage of the principal structure or lot not occupied by a structure is devoted.