CHAPTER 3A
UTILITIES FACILITIES
UTILITIES FACILITIES
SECTION:
9-3A-1: Purpose And Intent
9-3A-2: Definitions
9-3A-3: Zoning Regulations
9-3A-4: Permitted Uses
9-3A-5: Categorical Exclusion
9-3A-6: Conditional Use Permit Procedure
9-3A-7: Standards Of Evaluation
9-3A-8: Administrative Review Of Application
9-3A-9: Public Hearing And Notice Requirements
9-3A-10: Commission Or Hearing Examiner Review And Action
9-3A-11: Abandonment
The purpose and intent of this chapter is to promote safe, effective use of residential wind energy facilities installed to reduce the on site consumption of utility supplied electricity and to provide a regulatory scheme for the construction and operation of wind energy facilities in the county, subject to reasonable restrictions, which will preserve scenic assets and protect the public health, safety, and welfare. (Ord. 2010-02, 1-19-2010)
ROOFTOP WIND ENERGY FACILITY: A wind energy facility mounted to the top of a structure to which it is an accessory. Overall height is measured from grade to highest point on the WEF.
WIND ENERGY FACILITY (WEF): A wind energy conversion system consisting of a turbine or generator and typically blades and a tower and associated control or conversion electronics which provides electrical power intended for residential or farm and associated outbuildings and on site uses.
WIND ENERGY FACILITY HUB HEIGHT: The height above grade to the centerline of the turbine rotor on a horizontal axis wind turbine.
WIND ENERGY FACILITY TIP HEIGHT: The height above grade of the fixed portion of the tower plus the blade radius at its highest point. (Ord. 2010-02, 1-19-2010)
The placement, use or modification of a WEF as allowed by law within unincorporated Blaine County by a permittee, is subject to the provisions of this title.
A. Rooftop Wind Energy Facilities:
1. One or more rooftop WEF up to an overall height of forty feet (40') is a conditional use on less than five (5) acres subject to section 9-3A-6, "Conditional Use Permit Procedure", of this chapter in all zones.
3. No rooftop WEF shall be permitted within the mountain overlay district or the scenic corridor.
B. Freestanding Wind Energy Facilities:
1. A freestanding WEF up to forty foot (40') tip height is a conditional use subject to section 9-3A-6, "Conditional Use Permit Procedure", of this chapter in the following zoning districts: SCR-.4, R-.4, R-1, R-2, and R-21/2 on a minimum of two and a half (2.5) acres; and R-5 on a minimum of five (5) acres.
2. A freestanding WEF up to forty foot (40') hub height is subject to section 9-3A-5, "Categorical Exclusion", of this chapter in the following zoning districts: R-10, A-20, A-40, and RR-40 on a minimum of ten (10) acres. On parcels of five (5) acres up to ten (10) acres in these zones, a freestanding WEF up to forty foot (40') hub height is a conditional use subject to section 9-3A-6, "Conditional Use Permit Procedure", of this chapter.
3. A freestanding WEF with a hub height no taller than eighty feet (80') is a conditional use on a minimum of ten (10) acres subject to section 9-3A-6, "Conditional Use Permit Procedure", of this chapter in the R-10 zoning district.
4. A freestanding WEF with a hub height no taller than one hundred twenty feet (120') is subject to section 9-3A-5, "Categorical Exclusion", of this chapter in the following zoning districts: A-20, A-40, RR-40 on a minimum of twenty (20) acres.
5. No freestanding WEF shall be permitted within the mountain overlay district or the scenic corridor. (Ord. 2010-02, 1-19-2010)
A. Installation of an anemometer, or related devices, for not less than twelve (12) months for the purpose of determining feasibility of a wind energy generating site. The anemometer may not be installed at a WEF height greater than permissible for that zoning district.
B. General repair, maintenance, replacement or upgrade of equipment of an existing WEF provided that any equipment replaced does not violate the conditions of administrative or conditional use permit approval. (Ord. 2010-02, 1-19-2010)
Unless the intent is to circumvent the purposes of this chapter, a landowner or his/her authorized agent may be categorically excluded from the CUP requirements of this chapter if before commencing construction of a single WEF, the landowner or agent first obtains a written decision from the administrator, in consultation with the county engineer or his/her designated representative, that the WEF construction falls within and meets the following criteria:
A. Rooftop WEF is an accessory fixture to the residence or agricultural building upon which it is mounted.
B. Rooftop WEF does not exceed a five foot (5') diameter.
C. Rooftop WEF noise emission does not exceed thirty five (35) decibels as measured from the nearest property line.
D. Complies with all administrative standards in subsection 9-3A-7A of this chapter. (Ord. 2010-02, 1-19-2010)
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