A. General Standards:
1. Electric Distribution Line:
a. Electric distribution line shall be a principal permitted use. Master site plan approval shall not be required.
b. Electric distribution line rights of way shall be exempt from the landscaping regulations of chapter 4, article F of this title.
c. Electric distribution line shall comply with section 8-4A-20 of this title.
2. Electric Subtransmission Line:
a. Electric subtransmission line shall be a principal permitted use. Master site plan approval shall be required. A parking plan is not required with the master site plan application unless a parking area is proposed with the subtransmission line.
b. Electric subtransmission line rights of way shall be exempt from the landscaping regulations of chapter 4, article F of this title.
c. Electric subtransmission line shall comply with section 8-4A-20 of this title.
3. Electric Transmission Line And Substation:
a. Electric transmission line and substations shall require conditional use approval.
b. All electric transmission line rights of way shall be exempt from the landscaping regulations of chapter 4, article F of this title.
c. Electric substations and other utility structures shall be deemed outdoor storage areas and shall meet the standards in section 8-5-3-78 of this chapter.
d. Towers for the purpose of communicating from the substation to remote devices shall be deemed an accessory use to an approved substation, provided that the pole and antenna are no taller than the existing towers.
e. Electric transmission line and substations shall comply with section 8-4A-20 of this title.
4. Centralized Or Distributed Power Facilities:
a. No power facility shall be used for displaying any advertising except for reasonable identification of the manufacturer or operator.
b. The power facility shall comply with section 8-4A-21 of this title.
c. The power facility shall comply with all local, state, and federal regulations.
d. Installation of an anemometer or similar devices shall be reviewed as a temporary use. See chapter 4, article L of this title for governing regulations.
B. Specific Standards Applicable To Centralized Power Facilities:
1. Standards Applicable To All Centralized Power Facilities:
a. The minimum property size shall be forty (40) acres.
b. The centralized power facility shall not be located within an area of city impact.
c. The applicant may be required to obtain approval from the appropriate agency, including, but not limited to, the following: federal energy regulatory commission, federal aviation administration, national guard, Mountain Home military base, Idaho bureau of aeronautics, Boise Airport director, IPUC, Idaho Power Company compliance, Idaho fish and game, U.S. department of fish and wildlife, Idaho department of water resources, IDEQ, Ada County emergency communications division, Idaho bureau of homeland security public safety communications, and the appropriate fire authority as a condition of approval.
d. The master site plan for the proposed centralized power facility shall include a map of the proposed transmission line corridors and any proposed or existing substations, if any.
2. Additional Standards For Certain Centralized Power Facilities:
a. Biomass Facility:
(1) The applicant shall identify the specific location and type of all fuel sources for the biomass facility, and the method of gathering and delivering the fuel to the site.
(2) Mass burn facilities shall not use waste containing hazardous materials as a fuel source.
b. Hydroelectric Facility:
(1) Major earthwork associated with construction and maintenance shall be scheduled to minimize soil disturbance between December 1 and April 15.
(2) Any removal of riparian vegetation along watercourses shall be replaced at a ratio of two to one (2:1).
(3) A master site plan approval is not required for a hydroelectric facility, relating to a seasonal irrigation canal.
c. Solar Facility:
(1) Solar equipment shall meet the required setbacks of the rural preservation (RP) district.
(2) All solar panels shall be nonreflective.
C. Specific Standards For Certain Distributed Power Facilities:
1. Geothermal Resources: Direct use of geothermal resources for heating spas, greenhouses, and other similar uses shall not constitute a distributed power facility.
2. Solar Facility:
a. All solar panels shall be nonreflective.
b. Roof mounted solar equipment shall not exceed five feet (5') above the roof surface and in no case shall the equipment exceed the maximum height of the base district.
c. Ground and pole solar equipment shall be prohibited in the required front or side yard.
d. Pole solar equipment shall not exceed a maximum height of fifteen feet (15').
e. Pole solar equipment shall be set back 1.5 feet from the property line for every one foot (1') of maximum height or the minimum setback for the district, whichever is greater.
f. Ground solar equipment shall meet the minimum setback for the district in which it is located.
3. Wind Facility:
a. Specific Standards For Rooftop Or Freestanding Wind Tower:
(1) The applicant may be required to obtain approval from the appropriate agency, including, but not limited to, the following: federal energy regulatory commission, federal aviation administration, national guard, Mountain Home military base, Idaho bureau of aeronautics, Boise Airport director, IPUC, Idaho Power Company compliance, Idaho fish and game, U.S. department of fish and wildlife, Idaho department of water resources, IDEQ, Ada County emergency communications division, Idaho bureau of homeland security public safety communications, and the appropriate fire authority as a condition of approval.
(2) Documentation shall be submitted that describes the expected maximum noise level that will be generated by the facility. If the noise level exceeds the applicable standard set forth below, the applicant shall submit an acoustical study prepared by a licensed professional that demonstrates how the facility will comply with the maximum allowed noise level.
(3) No experimental, homebuilt, or prototype wind turbines shall be allowed.
b. Rooftop Wind Facilities:
(1) A minimum property size shall be one acre.
(2) One rooftop wind facility requires an accessory use; see article A of this chapter.
(3) Two (2) or more rooftop wind facilities require a conditional use; see article B of this chapter.
(4) Rooftop wind equipment shall not exceed the maximum height of the base district in which it is located.
(5) The maximum diameter of the blades shall not exceed five feet (5').
(6) Roof mounted wind equipment shall be located so that in the event of failure, no part of the equipment will fall across any property line.
(7) Noise emitted from a rooftop wind facility shall not exceed thirty five (35) decibels (dBA) measured from all external property lines of the subject property.
c. Freestanding Wind Facilities:
(1) Minimum Property Size: The minimum property size shall be forty (40) acres.
(2) Number Of Towers Allowed Per Acre: One wind tower per forty (40) acres shall be allowed.
(3) Restriction On Number Of Towers: A property owner shall only be allowed to construct a maximum of two (2) wind towers on their property, including all of their abutting properties.
(4) Maximum Height: The maximum height shall be one hundred twenty feet (120') including the tip height of the blade.
(6) Fall Zone: In addition to the setback requirements in subsection C3c(5) of this section, a fall zone for each wind tower facility shall be delineated and permanently restricted from future development, as follows:
(B) All future development with the exception of agricultural structures shall be prohibited within the fall zone.
(7) Minimum Setback From Overhead Utility Lines: The minimum required setback distance from all overhead utility lines shall be no less than the tower height including the tip height of the blade plus ten feet (10') unless extended by an easement from the overhead utility line company for the fall distance.
(8) Maintenance And Removal:
(A) Maintenance: All wind facilities and their identification tags, supports, braces, mechanical and electrical equipment, and associated apparatus must be kept fully operable and maintained in a safe, neat, and clean condition.
(B) Removal: Any wind facility that is not operated for a continuous period of twelve (12) months or more or that is in an obvious state of disrepair and a threat to public safety will be deemed abandoned and must be removed within sixty (60) days.
(9) Shadow Flicker: The facility owner and operator shall make reasonable efforts to minimize shadow flicker to any nonparticipating landowner's property.
(10) Color: Wind facilities shall be a neutral, nonreflective color designed to blend with the surrounding environment. This shall not preclude towers requiring FAA painting and/or marking from meeting those standards.
(11) Minimum Distance From Ground To Blade: Minimum distance between the ground and the tip of the blade closest to the ground in a resting position shall not be less than twenty feet (20').
(12) Landscaping: All wind facilities shall be exempt from the landscaping regulations of chapter 4, article F of this title.
(13) Lighting: No lighting is allowed, except as required by the federal aviation administration.
(14) Uncontrolled Rotation Prevention: All wind turbines must have an automatic braking, governing, or feathering system to prevent uncontrolled rotation creating excessive pressure on the tower structure, rotor blades, and turbine components.
(15) Emergency Shutdown: Procedures for emergency shutdown of power generation units shall be established and posted prominently and permanently within three feet (3') of the meter panel.
(16) Director's Review: The conditional use permit shall require a director's review every five (5) years upon issuance of a zoning certificate. The director shall review the conditions of approval for compliance.
(17) Noise: Noise emitted from a freestanding wind facility shall not exceed forty five (45) decibels (dBA) as measured from all external property lines of the subject property. (Ord. 389, 6-14-2000; amd. Ord. 772, 7-27-2011; amd. Ord. 797, 4-24-2012
; amd. Ord. 902, 10-2-2019)