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Planning Commission clarifies wind‑energy ordinance; exempts small residential towers under 35 feet in FAR zones
Summary
The Planning Commission approved edits to the county's wind energy conversion systems (WEX) ordinance to clarify permitting distinctions between small residential turbines and commercial wind facilities, and to use consistent "total height" language in permit thresholds.
The Cook County Planning Commission on Feb. 12 adopted clarifications to the county Wind Energy Conversion Systems (WEX) ordinance that distinguish small, residential wind generators from larger commercial installations.
Staff said the revisions mainly clarify when a residential wind tower may be installed without a land-use permit and when a larger tower must follow more robust commercial permitting standards. The commission also directed staff to replace inconsistent uses of "tower height" with "total height" (which includes rotor/blade extensions) for consistency across the ordinance.
Why it matters: the edits aim to remove ambiguity that had made some residential owners believe they must meet commercial WEX standards. The changes explicitly exempt residential production-phase WEX in FAR‑1, FAR‑2 and FAR‑3 zone districts from permit application if the unit is on a conforming lot and the total height does not exceed 35 feet. Towers taller than 35 feet, or commercial-scale facilities, must seek conditional-use permits and meet the ordinance's broader standards.
Staff presentation and DNR context
Neva, Land Services staff, told the commission the proposed language responds to a recent landowner inquiry about whether a small backyard turbine would trigger the full set of commercial WEX requirements. The proposed edits clarify that small residential WEX meeting the FAR zone, lot-size and height conditions are "generally allowed" without an application but must still meet safety and siting provisions in section 4 of the ordinance.
The DNR provided a letter saying the statewide shoreland rules do not address WEX and that the agency does not have authority to approve the proposed WEX amendments. No written public comments were submitted to staff by the legal-notice deadline, staff said.
Height and measurement
Commissioners asked staff to be precise about terminology. One commissioner noted that "tower height" and the height that matters for safety or setback calculations can differ once rotor blades are included. Staff responded that they will standardize on "total height"—"the elevation of the structure measured from the base to the tallest vertical extension, including any attachments." The commission accepted that change and the WEX amendments.
Vote and next steps
A motion to approve the WEX amendments as presented, with the change to use "total height" in the ordinance, passed without recorded opposition. Staff will finalize language and publish the updated ordinance text for inclusion in the county code.
What commissioners raised
Commissioners discussed practical constraints for residential turbines, noting that a 35-foot limit will preclude many towers in heavily wooded parcels unless property owners clear trees or site towers in open areas. Staff said the 35-foot number aligns with other county building‑height benchmarks and was already present in the ordinance.
Ending
Staff will incorporate the agreed language change (tower height -> total height) and return the final ordinance text for publication. Commissioners asked staff to note the practical limits for residential turbines in heavily treed areas when the ordinance is posted.
