(A) Commercial solar energy systems. Commercial solar energy systems designed to generate power for off-site use or for sale to an electric utility shall be located, developed, and operated in compliance with the following standards:
(1) Height, ground-mounted solar energy systems. The maximum height of a ground mounted solar energy collector system is 25 feet or the maximum height allowed in the base zone, whichever is less.
(2) Required setback. Solar energy systems less than six feet in height may be installed within a required side and rear setback, but no closer than three feet to any property line. All other solar energy systems shall meet the required setback of the base zone.
(B) Wind energy systems, commercial and private non-commercial.
(1) Application. In addition to typically required information, an application for a wind energy facility (WEF) shall include the following:
(a) Direction of prevailing winds across the project site;
(b) Manufacturer and model designation, rated kilowatt capacity, overall machine height, total blade diameter, rated maximum rotor rotations per minute, and other manufacture’s data sufficient to determine compliance with this section;
(c) Location and type of security fencing and/or screening; and
(d) Proof of liability insurance.
(2) General requirements for all wind energy facilities.
(a) Development standards. Any type of WEF shall comply with the development standards for the zone in which it is located unless otherwise specified in this section.
(b) Height measurement. The height of any windmill or similar item shall be measured to the top, including any blade when at its highest point.
(c) Setback measurement. Setbacks shall be measured to the outer edge of a WEF, including any blade when at its maximum horizontal extension.
(d) Setbacks. Any WEF shall maintain the same minimum setbacks required for a primary structure within the applicable zone.
(e) Colors and materials. Any WEF shall have a non-reflective finish and shall be painted or otherwise treated to match or blend with the primary background and minimize visual impacts.
(f) Advertising and graphics. No advertising, display, or graphic is permitted on any WECS. A manufacturer’s identification label and/or any government required identification or safety labels or signs may be affixed to a facility or site in a discrete manner as feasible.
(g) Undergrounding required. All wiring or any associated and ancillary equipment, batteries, devices, structures, or support(s) for any WEF, shall be placed underground to the maximum extent feasible.
(h) Noise. WEFs shall comply with the noise provisions of the County Code.
(i) Security and safety. WEFs shall be secured from access to the general public by fencing or other deterring device or means as the County may approve or require so the WECS is not an attractive nuisance. WEFs shall either have tower climbing apparatus located not closer than 12 feet to the ground or be un-climbable by design for the first 12 feet.
(j) Proof of liability insurance. The owner of any WEF shall provide, as part of the permit application submittal, proof of liability insurance that specifically addresses the installation, use, and maintenance of the facility to the satisfaction of the County.
(k) Effects of development on productivity. The County shall not be liable if subsequent development in the county impairs the productivity of any WEF.
(l) Inoperative facility removal required. Any WEF that is not operated for a continuous period of six months shall be considered abandoned. A WEF and all equipment associated with an approved WECS shall be removed within six months of the discontinuance of the use and the site shall be restored to its original pre-construction condition, subject to the approval of the Director.
(3) Private, non-commercial wind energy systems. A private, non-commercial WEF shall be subject to the following standards.
(a) Location. A private, non-commercial WEF shall be located in the rear portion of the property (i.e., between the primary structure and rear property line). This provision may be modified by the County if strict compliance would result in no or poor productivity, as established by evidence provided by the applicant.
(b) Screening. If determined necessary by the County, a private, non-commercial WEF shall be separated from adjoining properties by at least a six-foot high solid fence or wall, or by trees and landscaping of equal minimum height.
(c) Net-metering. A private, non-commercial WEF may be net-metered.
(Ord. 1043 § 3 (part), 2022)