8-9-16-3: REQUIREMENTS - WIND ENERGY SYSTEM, SMALL:
   A.   Permitted Locations And Number: A small wind energy system that complies with the provisions of this section is permitted as described below:
      1.   Only one small wind energy system may be authorized per lot, with the following exceptions:
         a.   Multiple small wind energy systems may be authorized as permitted uses on lots that are zoned A-10, A-5, Commercial, or Industrial.
         b.   In the A-2.5, and R-1 Zones, up to two (2) small wind energy systems may be authorized as permitted uses when the small wind energy systems are vertical-axis wind turbines and do not exceed forty five feet (45') in height.
         c.   Schools, churches, public service entities, and similar public and non-profit entities located on lots larger than five (5) acres in size may request additional wind turbines through the conditional use permit review process.
      2.   Multiple small wind energy systems may require greater noise setbacks than single systems, as addressed in subsection C5 of this section.
   B.   Minimum Lot Size: A horizontal-axis or vertical-axis small wind energy system may be erected on any lot that meets the minimum lot size requirement for the zone and is capable of meeting the setback and lot size requirements of this section (see subsection A1 of this section).
   C.   Design Standards:
      1.   Pole Or Tower Design: The design of the small wind energy system may include a monopole/freestanding design, or a guy- wired tower, whether mounted on the ground or on a building.
      2.   Total Extended Height: The total extended height of the small wind energy system shall not exceed eighty feet (80') if located on a lot zoned A-2.5, R-1 or R-1/2; or one hundred twenty five feet (125') if located on a lot that is zoned A-10, A-5, Commercial or Industrial.
      3.   Safety:
         a.   The minimum height of the lowest extent of a turbine blade/rotor shall be fifteen feet (15') above the ground, if on a horizontal axis turbine. There is no minimum rotor height for a vertical-axis turbine, provided the blades/rotor must be located or isolated (e.g., fenced) such that they are not easily accessible to anyone but maintenance personnel.
         b.   No tower shall have an external climbing apparatus within twelve feet (12') of the ground. All access doors or access ways to towers and electrical equipment shall be locked when not in use.
         c.   Appropriate warning signage/marking is to be placed on towers, guy wires, and electrical equipment.
         d.   All small wind energy systems must have a manufacturers' maximum RPM (revolutions per minute) rating of less than five hundred (500).
         e.   Sufficient clearance to lower and raise the tower and turbine is to be provided and maintained.
      4.   Setbacks: In determining the required separation of a small wind energy system from the uses listed, all applicable setbacks are to be followed. Where multiple setbacks are applicable, the most restrictive applies.
         a.   Property Lines: Small wind energy systems must be set back from property lines a distance of at least one hundred ten percent (110%) of the system's total extended height.
         b.   Safety Areas: For safety purposes, a small wind energy system shall be set back from the nearest property line, public road rights-of-way, tanks containing combustible/flammable liquids, and above-ground communication or electrical lines not less than one hundred twenty five percent (125%) of its total extended height if located on a freestanding tower or pole, or if mounted on a building, the distance of the likely fall zone as determined by an engineer.
      5.   Noise Limitations: To reduce noise impacts to neighboring residential properties, no small wind energy system or combination of small wind energy systems shall produce noise that exceeds fifty (50) dB, as measured at the property line of any neighboring lot not owned by the small wind energy system owner/developer.
      6.   Visual Standards:
         a.   Small wind energy systems are to be finished and maintained as required by the manufacturer.
         b.   No small wind energy system shall be lighted unless required by the Federal Aviation Administration (FAA). When lighting is required by the FAA, it shall be the red, intermittent, glowing style, rather than the white, strobe style, unless disclosed and justified through the application review process.
         c.   No advertising signs of any kind shall be permitted on a small wind energy system.
         d.   The design of any accessory buildings or related structures shall, to the extent reasonably possible, use materials, colors, textures, screening and landscaping that will blend the facility into the natural setting and existing environment.
         e.   The property owner shall reasonably attempt to site the system at a location that minimizes the potential for shadow flicker impacts to neighboring residences.
      7.   Electrical Interconnections: All electrical interconnection or distribution lines shall be underground and comply with all applicable codes and public utility requirements.
      8.   Signal Interference: Efforts shall be made to site small wind energy systems to reduce the likelihood of blocking or reflecting television and other communication signals. If signal interference occurs, both the small wind energy system owner and individual receiving interference shall make reasonable efforts to resolve the problem. No small wind energy system shall cause permanent and material interference with television or other communication signals.
      9.   Over-Speed Controls: Every small wind energy system is to be equipped with an automatic over-speed control, braking system, or feathering system.
      10.   Fire Protection: All small wind energy systems are to be provided with a defensible space for fire protection, in accordance with the Wildland-Urban Interface Code.
   D.   Permit Applications: A building permit is required for a small wind energy system. The application is to include the following information.
      1.   Site Plan: A site plan, drawn to scale, showing the location of the proposed small wind energy system; the locations of all existing buildings and structures and their setbacks to the property lines; the location of any septic system, well, utility line or easement, access easement, or any tank containing flammable materials on the property; the area required for raising and lowering the tower; the defensible space area required by the Wildland-Urban Interface Code; and the applicable setbacks for the small wind energy system.
      2.   Noise Compliance Documentation: Provide the information necessary to demonstrate that the applicable noise requirements of subsection C5 of this section will be met.
      3.   Standard Drawings For Building Permit: Submittal of engineered plans and calculations generally provided by the system manufacturer shall be required to obtain a building permit for a small wind energy system. Plans and calculations shall be stamped, dated and signed in accordance with Utah State Codes, ordinances, and laws governing such actions, by the system manufacturer or an engineer licensed and in good standing with the State of Utah. Plans and calculations must verify that the structure is designed and capable of withstanding the conditions of the site, including, but not limited to, wind load, snow load, seismic conditions, and soil conditions, as required by the County building official. Soils testing by a qualified soils or geotechnical engineer who is licensed by, and in good standing with, the State of Utah may be required.
      4.   Manufacturer Information: Specific information on the type, model, size, rotor material, rated power output, rated rotor speed, over-speed safety features, and survival wind speed, as well as the name and address of the manufacturer is to be provided. These items are typically included in a specification sheet available from the manufacturer.
      5.   Electrical Information: A line drawing of the electrical components of the system in sufficient detail to establish that the installation conforms to the applicable Electrical Code.
      6.   Net Metering Agreement: If the system will be connected to the electricity grid, the applicant must provide documentation with the building permit that notification has been provided to the Moon Lake Electric Cooperative. Where appropriate, a fully-executed net metering permit/agreement must be provided to the building official prior to operation of a system that will be connected to the grid. (Ord. 18-365, 6-11-2018)