Through the conditional use permit process, the small wind energy system shall be evaluated for compliance with the following standards.
(A) Setbacks.
(1) Small wind energy systems shall be set back a distance equal to 100% of the total height from:
(a) Any public road right-of-way, unless written permission is granted by the governmental entity with jurisdiction over the road;
(b) Any overhead utility lines;
(c) All property lines, unless the affected landowner provides written permission through a recorded easement allowing the small wind energy system’s fall zone to overlap with the abutting property; and
(d) Any travelways, to include, but not be limited to, driveways, parking lots, nature trails or sidewalks.
(2) In addition to the total height setback requirement of division (A)(1) above, small wind energy systems must meet all setbacks for principal structures for the zoning district in which the system is located.
(3) The setback shall be measured to the center of the tower’s base.
(4) Guy wires used to support the tower are exempt from the small wind energy system setback requirements.
(B) Tower.
(1) Wind turbines may only be attached to free-standing or guy-wired monopole towers. Lattice towers are explicitly prohibited.
(2) The tower shall not exceed 80 feet in height on any parcel of one-half acre or less. On parcels greater in size than one-half acre, height shall be limited only by the clear fall radius or by FAA regulations.
(3) The applicant shall provide evidence that the proposed tower height does not exceed the height recommended by the manufacturer of the wind turbine.
(C) Sound level. Noise generated by the small wind energy system shall not exceed 60 decibels, measured at the property line, except during short-term events such as severe wind storms and utility outages.
(D) Shadowing; flicker. Small wind energy systems shall be sited in a manner that does not result in significant shadowing or flicker impacts. The applicant has the burden of proving that this effect does not have significant adverse impact on neighboring or adjacent uses either through siting or mitigation.
(E) Signs. All signs, both temporary and permanent, are prohibited on the small wind energy system, except as follows:
(1) Manufacturer’s or installer’s identification on the wind turbine; and
(2) Appropriate warning signs and placards.
(F) Code compliance. The small wind energy system shall comply with all applicable sections of the B.O.C.A. Basic Building Code.
(G) Aviation. The small wind energy system shall be built to comply with all applicable Federal Aviation Administration limitations and requirements regarding installations close to airports. Evidence of compliance or non-applicability shall be submitted with the application.
(H) Visual impacts. It is inherent that small wind energy systems may pose some visual impact due to the tower height needed to access the wind resources. The purpose of this division (H) is to reduce the visual impacts without restricting the owner’s access to the wind resources.
(1) The applicant shall demonstrate through project site planning and proposed mitigation that the small wind energy system’s visual impact will be minimized for surrounding neighbors and the community. This may include, but not be limited to, information regarding site selection, turbine design or appearance and buffering and screening of ground mounted electrical and control equipment. All electrical conduits shall be underground.
(2) The color of the small energy wind system shall either be the stock color from the manufacturer or painted with a non-reflective, unobtrusive color that blends in with the surrounding environment.
(3) A small wind energy system shall not be artificially lit unless such lighting is required, and the applicant shall provide a copy of the FAA determination to establish the required markings and/or lights for the small wind energy system.
(I) Utility connection. If the proposed small wind energy system is to be connected to the power grid through net metering, it shall adhere to all applicable state statutes.
(J) Access.
(1) All ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access.
(2) A tower shall be designed and installed so as not to provide step bolts or a ladder readily accessible to the public for a minimum height of eight feet above the ground.
(Prior Code, § 9-804) Penalty, see § 151.99