§ 152.316 SMALL WIND ENERGY CONVERSION SYSTEMS (WECS).
   The following standards shall apply to all small WECS as defined herein.
   (A)   Small WECS are permitted by right, subject to conditions, in all zoning districts regulated by the Village of Fowler Zoning Ordinance.
   (B)   A zoning compliance certificate (division (O) of this section) and all applicable permits required by the Building Official are required prior to construction (installation) of a small WECS.
   (C)   For all zoning districts other than the C-2 Commercial and the I Industrial Districts, the total height for a tower mounted small WECS, which includes the tower and the rotor (blade), shall not be greater than 35 feet. The total height for a tower mounted small WECS in the C-2 Commercial and I Industrial Districts shall not be greater than 60 feet. The total height shall be measured from the ground level at the base of the tower to the maximum vertical extension of the blade.
   (D)   The total height for a structure mounted vertical axis small WECS shall not exceed 15 feet as measured from the highest point of the adjacent roof or structure to which it is attached, excluding chimneys, antennae or other similar features.
   (E)   The minimum site area for a tower mounted small WECS shall be equal to the minimum lot area requirements of the zoning district in which the small WECS is located plus any additional lot area required to meet setback requirements of this section.
   (F)   The minimum site area for a structure mounted small WECS shall be equal to the minimal lot area requirements of the zoning district in which it is located.
   (G)   For structure mounted small WECS, documentation shall be submitted by a registered design professional, with details pertaining to the structure's ability to sustain all loads imposed.
   (H)   Setbacks. A tower mounted small WECS shall be set back a distance equal to one and one-half times the height of the tower measured from the top of its blade in vertical position from all adjoining property lines, easements, or rights-of-way, and no part of a small WECS may extend into any adjacent yard or property unless an easement has been recorded for that purpose. A structure mounted small WECS shall meet the setback requirements of the zoning district in which it is located.
   (I)   Ground clearance. A tower mounted small WECS must have a minimum ground clearance of 20 feet between the lowest extension of the rotor blade and the average grade at the base of the structure.
   (J)   Noise. The sound pressure level shall not exceed 55 dB(A) measured at the property line or the lease unit boundary, whichever is farther from the source of the noise. This sound pressure level shall not be exceeded for more than three minutes in any hour of the day. If the ambient sound pressure level exceeds 55 dB(A), the standard shall be ambient dB(A) plus 5 dB(A).
   (K)   Wind turbine structural plans. A building permit application for a small WECS shall be accompanied by standard drawings of the wind turbine structure, including the tower, base, and footings. If structure-mounted, an engineering analysis demonstrating compliance with the State Building Code and certified by a licensed professional engineer shall also be submitted.
   (L)   WECS removal. The WECS owner shall advise the village of discontinuance of WECS use or abandonment within 60 days of such discontinuance or abandonment. Any WECS that is not operated for a continuous period of 12 months shall be considered abandoned and the owner of such WECS shall remove the same within 90 days of receipt of notice from the village notifying the owner of such abandonment. Failure to remove an abandoned WECS within said 90 days shall be grounds for the village to remove the WECS at the owner's expense.
   (M)   Structure mounted small WECS shall meet the following additional requirements: shall not be attached to that portion of a structure facing a public road, may be attached to principal or accessory structures providing all other requirements of this section are met, shall not utilize guy wire supports, and may not contain commercial advertising.
   (N)   There may be more than one tower and/or structures mounted small WECS systems per lot or parcel if the total combined rated output of all turbines on the site does not exceed ten kW and the additional units are permitted by special land use approval.
   (O)   The zoning compliance certificate permit application for any small WECS must include:
      (1)   A project summary, including: (1) a general description of the project, including its approximate name plate capacity, the potential equipment manufacturer(s), type(s), of the WECS(s), number of WECS(s) and capacity of WECS, the maximum height and diameter of the WECS rotors, a professional analysis of the shadow flicker impact, the general location of the project; (2) a description of the applicant, owner and operator, including their respective business entities.
      (2)   The name(s), address(s) and phone number(s) of the applicant(s) and property owner(s).
      (3)   A description for the location of the WECS tower and/or structure mounted system and the location of property lines of adjoining property owners.
      (4)   A site plan for the installation of the WECS, showing location of each WECS tower, primary structures, property lines, setback lines, height, ancillary equipment and layout of all structures within geographical boundaries of any applicable setbacks.
      (5)   All required studies, reports, certifications and approvals demonstrating compliance with the provisions of this chapter.
      (6)   Any other information required to demonstrate compliance with this chapter or any other ordinance or law of the village, county, state, or federal government.
   (P)   Small WECS system shall not utilize guy wires for support, shall not contain or display commercial advertising, and shall utilize non-reflective surfaces and neutral colors to the maximum extent feasible.
[Amended 3-14-2011]