§ 25A03  BASIC REQUIREMENTS.
   (A)   No wind turbine shall be permitted in any zoning district, except that building-mounted turbines, and tower-mounted turbines not to exceed 120 feet in height, may be permitted on parcels where the primary use is comprised of one or more of the following: field crop farms or horticultural nurseries; livestock farm.
   (B)   No wind turbine may be constructed or substantially modified without first obtaining a special-use permit from the Zoning Board of Review.
   (C)   Generally.
      (1)   Wind facilities shall be constructed and operated in a manner that minimizes any adverse visual, safety, and environmental impacts.
      (2)   Wind turbines shall have an automatic braking, governing, or feathering system to prevent uncontrolled rotation, overspeeding and excessive pressure on the tower structure, rotor blades and other turbine components.
      (3)   FAA Regulations. Wind facilities shall comply with applicable requirements of the Federal Aviation Administration (FAA).
      (4)   Setbacks. Wind turbines shall be set back from all property lines a minimum distance equal to three times the height of the turbine.
      (5)   Fall zone. The fall zone shall be a condition of obtaining a special-use permit for a wind turbine, which may not be varied by means of a dimensional variance or special-use permit. The fall zone shall be located entirely within the boundaries of the lot on which the wind turbine is located. Except for building-mounted wind turbines, no occupied building shall be located within the fall zone of a wind turbine.
      (6)   The minimum ground clearance for the wind turbine blades of horizontal axis turbines shall be 25 feet. The minimum ground clearance for blades of vertical axis turbines shall be ten feet.
      (7)   Wind turbines shall not be located in areas that will result in the wind turbine dominating the view of a scenic, natural or historic resource of the town from one or more prominent public vantage points.
      (8)   Temporary wind monitoring or meteorological towers shall be permitted in all zoning districts subject to issuance of a building permit and subject to reasonable conditions imposed by the Building Official. Such towers shall be erected as near as reasonably possible to the proposed location of the wind turbine on the site, and shall comply with the setback and fall zone requirements of this article. Temporary wind monitoring or meteorological towers shall not remain in place for more than one year.
      (9)   Maintenance. Wind turbines shall be maintained in good condition. Such maintenance shall include painting, structural repairs, and integrity of security measures. The proposed maintenance schedule shall be provided with the application package. A report demonstrating compliance with the maintenance schedule shall be submitted annually to the Department of Building and Zoning on the anniversary of the issuance of the building permit.
      (10)   Insurance obligation. At all times from the installation of a wind turbine until its removal the owner shall maintain liability insurance in an amount
sufficient to cover loss or damage to persons and structures that might proximately be caused by the wind turbine. The insurance policy shall provide for notification to the Department of Building and Zoning a minimum of 30 days prior to its expiration or cancellation.
      (11)   The height of a building-mounted wind turbine may not exceed 15 feet above the height limit for the type of building on which it is mounted.
(Ord. passed 2-16-10; Am. Ord. 2010-28, passed 10-18-10; Am. Ord. 2012-14, passed 9-17-12)