(A) Limited wind energy systems are permitted in any zoning district subject to the following standards except that limited wind energy systems under 10 feet in height and located on a principal or accessory structure are not subject to these provisions:
(1) The limited wind energy system shall be used for the purpose of generating power for the property on which the limited wind energy system is located. Commercial sale of power is prohibited.
(2) The limited wind energy system shall be set back a distance equal to its total height plus an additional 20 feet from:
(a) Any right-of-way as designated by the County Comprehensive Plan;
(b) Any right of ingress or egress on the owner's property;
(c) Any overhead utility lines;
(d) All property lines.
(3) The limited wind energy system shall not be located within the required front yard setback.
(4) All ground mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access.
(5) All electrical wires associated with a ground mounted wind energy system shall be located underground, except those wires necessary to connect the wind generator to the wind tower wiring, the wind tower wiring to the disconnect junction box, and the grounding wires.
(6) A wind tower and generator shall not be artificially lighted unless such lighting is required by the Federal Aviation Administration (FAA).
(7) Wind energy systems shall be painted a non-reflective, non-obtrusive color such as the manufacturer's default color option or a color that conforms to the environment and architecture of the community in which it will be located. Wind energy towers shall maintain a galvanized steel, brushed aluminum or white finish, unless FAA standards require otherwise. The Zoning Administrator may require a photo of a wind energy system of the same model that is the subject of the application, adjacent to a building or some other object illustrating scale.
(8) The blade tip or vane of any wind energy system shall, at its lowest point, have ground clearance of no less than 15 feet, as measured at the lowest point of the arc of the blades.
(9) Wind energy systems shall comply with all applicable construction and electrical codes.
(10) Wind energy systems that connect to an electric utility company shall comply with the Public Service Commission regulations.
(11) Each property is eligible for 2 wind energy systems. Additional wind energy systems shall not exceed the total number needed to generate the amount of electricity for the established uses on the property unless the applicant can demonstrate the on- site need for additional power.
(12) Abandonment.
(a) The Zoning Administrator may issue a notice of abandonment to the owner of a wind energy system that is out of service for a continuous 6-month period. The owner shall have the right to respond in writing, within 30 days, to the notice of abandonment setting forth the reasons for operational difficulty and providing a reasonable timetable for corrective action. If sufficient reason is provided, the Zoning Administrator shall withdraw the notice of abandonment and the owner of the wind energy system will be notified.
(b) If the wind energy system is determined to be abandoned, the owner shall remove the wind energy system within 3 months of the date of the notice of abandonment, at the owner's expense. If the owner fails to remove the wind energy system, the Zoning Administrator may pursue legal action to have the wind energy system removed at the owner's expense.
(13) All wind energy systems shall comply with the limitations contained in the noise ordinance of Frederick County (Frederick County Code § 1-11-6).
(B) It is unlawful for any person to construct, install, or operate a wind energy system that is not in compliance with this chapter or with any condition contained in a building permit issued pursuant to this chapter, or that is in violation of any state or federal regulation.
(Ord. 09-11-515, 4-28-2009; Ord. 14-23-678, 11-13-2014)