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(b) FACILITY OWNER means the entity or entities having an equity interest in the wind <br />energy facility, including their respective successors and assigns. <br />(c) HUB HEIGHT means the distance measured from the surface of the tower foundation to <br />the height of the wind turbine hub, to which the blade is attached. <br />(d) NON-PARTICIPATING LANDOWNER means any landowner except those on whose <br />property all or a portion of a wind energy facility is located pursuant to an agreement <br />with the facility owner or operator. <br />(e) OPERATOR means the entity responsible for the day-to-day operation and maintenance <br />of the wind energy facility. <br />(f) OCCUPIED BUILDING means a residence, school, hospital, church, public library or <br />other building used for public gathering that is occupied or in use when the permit <br />application is submitted. <br />(g) SHADOW FLICKER means the on-and-off flickering effect of a shadow caused when <br />the sun passes behind the rotor of a wind turbine. <br />(h) TURBINE HEIGHT means the distance measured from the surface of the tower <br />foundation to the highest point of the turbine rotor plane. <br />(i) WIND TURBINE means a wind energy conversion system that converts wind energy <br />into electricity through the use of a wind turbine generator, and includes the nacelle, <br />rotor, tower, and pad transformer, if any. <br />(j) WIND ENERGY FACILITY means an electric generating facility, whose main purpose <br />is to supply electricity, consisting of one (1) or more wind turbines and other accessory <br />structures and buildings, including substations, meteorological towers, electrical <br />infrastructure, transmission lines and other appurtenant structures and facilities. <br />1160.03 APPLICABILITY <br />(a) No person shall constmct, erect, maintain, extend or remove a wind energy facility in the <br />City, including the territory extending into Lake Erie to the distance of two (2) miles from <br />the natural shore line pursuant to the authority granted in Ohio Revised Code §721.04, <br />without compliance with the provisions of this Chapter. <br />(b) Wind energy facilities constructed prior to the effective date of this Code shall not be <br />required to meet the requirements of this Code; provided that any physical modification to <br />an existing wind energy facility that materially alters the size, type and number of wind <br />turbines or other equipment shall require a conditional use from the Commission. <br />1160.04 USE REGULATIONS <br />