§ 152.346 WIND ENERGY CONVERSION SYSTEMS; GENERALLY.
   (A)   Classification. WECS shall be classified as either:
      (1)   A small wind energy conversion system (“SWECS”), designed and installed exclusively for the on-site use of any associated electric power generation; or
      (2)   A wind energy facility (“WEF”), designed and installed exclusively for off-site use of any associated electric power generation.
   (B)   Districts permitted. A SWECS is permitted in all zoning districts as an accessory use; a WEF is permitted as a special use in designated zoning districts.
   (C)   Building permit. A building permit is required for the installation of all WECS.
      (1)   Building permit applications for a SWECS shall be accompanied, at a minimum, by:
         (a)   Standard manufacturer’s drawings of the engineering specifications for the installation requirements of the wind turbine structure, including the tower, base, and footings. This analysis is frequently supplied by the manufacturer;
         (b)   A statement that the system shall comply with all applicable rules and regulations of the electric service provider for the property and the Indiana Utility Regulatory Commission;
         (c)   A plot plan showing the location of the SWECS relative to all property lines, on-site structures, off-site structures within 1.5 times the height of the SWECS, utility locations (such as but not limited to overhead utilities, transformers, and junction boxes), and measured distances from all streams, creeks, rivers, public parks, public open space and greenways, and historic preservation districts;
         (d)   Certification that the installer of the SWECS is certified by the manufacturer of the SWECS, and has received the necessary training to properly and safely install the SWECS. Owner-installed SWECS will require an affidavit certifying that the installation will comply with the manufacture’s specifications and the requirements of the electric service provider of the property; and
         (e)   A drawing of the electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the National Electrical Code. This information is frequently supplied by the manufacturer.
      (2)   Building permit applications for a WEF shall be accompanied by a certification of the approval of the special use by the County Council.
   (D)   Compliance with other laws and ordinances. All WECS shall comply with all federal, state and local laws and ordinances not in conflict with this division, including, but not limited to placement in floodplains and historic preservation districts.
   (E)   Compliance with Federal Aviation Agency (FAA) regulations. WECS must comply with any applicable FAA regulations, including any necessary approvals for installations close to airports.
   (F)   Electric utility notification. No WECS shall be installed until evidence has been given that the utility company has been informed of the customer’s intent to install an interconnected, customer-owned WECS. Off-grid systems shall be exempt from this requirement.
   (G)   Signs. No WECS turbine, tower, or associated building or structure may be used to advertise or promote any product or service. No word or graphic representation that may be construed as advertising, other than appropriate warning signs and the manufacturers technical information, shall be placed on a wind turbine, tower, or other associated building or structure.
   (H)   Signal disturbance. Generators and alternators should be constructed so as to prevent the emission of radio and television signals. Upon a complaint of any signal disturbance, the operation of the WECS shall cease. The owner/operator shall correct any signal disturbance problem that is identified before the operation of the system can resume.
   (I)   Appearance, color, and finish. The exterior surface of any visible components must be a non-reflective, neutral color, and blend into the surrounding environment as practical as possible. White or light grey is the color of preference unless the manufacturer’s color preference is proven to better blend into the environment. Rotors (blades) or vanes may be painted black to better assist in the prevention of ice build-up. Decorative items, such as flags, streamers, and holiday and commemorative decorations are prohibited.
   (J)   Lighting. No WECS shall be artificially lighted, unless required by the FAA or appropriate authority.
   (K)   Support tower. The tower component of any WECS shall be one that is recommended and certified by the manufacturer.
      (1)   A building-mounted SWECS must be firmly anchored to the building (roof or wall) according to the manufacturer’s recommendations. Additional support brackets or cables must be anchored to the structure on which the SWECS is located.
      (2)   A WECS mounted on a self-supporting tower shall be on a tower that is of monopole design and does not require the use of guy wires or any other means of lateral support.
(Ord. 1221, § 9.04B., passed 1-26-2010)