§ 156.069 SMALL WIND ENERGY SYSTEMS (SWES).
   (A)   Purpose. The purpose of these standards is to define the review criteria that will be used in considering conditional use permit requests for SWES. Meteorological towers are not subject to this chapter.
   (B)   Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      METEOROLOGICAL TOWER (MET TOWER). Defined to include the tower, base plate, anchors, guy cables and hardware, measuring devices such as anemometers (wind speed indicators), wind direction vanes, booms to hold anemometers and vanes, data logger, instrument wiring and any telemetry devices that are used to monitor or transmit data such as wind speed and wind flow characteristics over a period of time for either instantaneous wind information or to characterize the wind resource at a given location.
      ROOF MOUNTED. A system mounted on and totally supported by a structure or structure that complies with current codes, but not supported by a tower.
      SHADOW FLICKER. Alternating changes in light intensity caused by rotating parts that cast shadows on the ground and stationary objects such as an occupied structure.
      SMALL WIND ENERGY SYSTEM (SWES). Equipment arranged in any configuration that converts or transfers energy from the wind into usable forms of electrical energy or mechanical function. This equipment includes the wind generator and related components and supporting structures.
      TOTAL HEIGHT. The following:
         (a)   For a horizontal axis system, the vertical distance from ground level to the tip of a wind generator blade when the tip is at its highest point;
         (b)   For a vertical axis system, the vertical distance from ground level to the highest point of the SWES, excluding lightning rods; and
         (c)   For a roof mounted system, the vertical distance from ground level to the highest point of the SWES.
      TOWER MOUNTED. A system mounted on a monopole, freestanding or guyed structure that supports a wind generator.
      WIND GENERATOR. The parts of the system that are activated by the force of the wind along with any associated mechanical and electrical connections and components.
   (C)   Conditional use permit approval criteria for small wind energy systems (SWES).
      (1)   Certification. All SWES must either be certified by its manufacturer or a licensed professional engineer to meet current recommendations of the American Wind Energy Association (AWEA), or the British Wind Energy Association (BWEA), or the United States Department of Energy (DOE), with evidence of certification submitted at the time of application for a conditional use permit.
      (2)   Setbacks. The SWES shall adhere to the setbacks as described below.
         (a)   A setback distance of one and one-tenth times the height of the system is required along all property lines.
         (b)   If the manufacturer’s recommended setback for mitigation of any impact to an adjoining lot is greater than as described in division (C)(2)(a) above, the manufacturer’s setback is required.
      (3)   Maximum total height. The maximum total height of any SWES shall be less than 75 feet for C-2, I-LR, I-H, DRD and APZ zoning districts.
      (4)   Clearance of blades/moving parts. No moving portion of a wind generator shall be located within 20 feet of the ground. No blades may extend over parking areas, public rights-of-ways, driveways, sidewalks or above-ground utilities.
      (5)   Lighting. A wind tower and generator shall not be lighted unless such lighting is required by the Federal Aviation Administration.
      (6)   Appearance, color and finish. SWES shall be painted a color which is deemed to be compatible with the surroundings. Dark muted earth tones are preferred to lighter colors. If manufacturers’ specifications do not permit changing the factory paint finish, this shall be disclosed at the time of application for approval.
      (7)   Limits. A maximum of one tower mounted wind generator is permitted per lot. A maximum of two roof mounted wind generators are permitted per lot. Both tower and roof mounted wind generators are permitted on the same lot.
      (8)   Location. The SWES shall be located such that it does not create noise impacts above the ambient noise level at the property line that is closest to the SWES.
      (9)   Shadow flicker. An application for a SWES will not be approved if it would cause shadow flicker at any time of day or night, regardless of season, to fall onto:
         (a)   An existing occupied structure on an adjacent lot; or
         (b)   On a structure under construction on an adjacent lot at the time of application for approval of a SWES, and the structure is intended to be occupied.
(Prior Code, App. A, Art. V, § 11) (Ord. 1303, passed 12-2-2019)