§ 154.081  PERMITTED USE.
   Small wind energy systems shall be a permitted use on agricultural land and in medium and rural density subdivision classifications where structures are allowed, subject to certain requirements as set forth below.
   (A)   Tower height. For property sizes between three acres and up to nine acres and up, the tower height shall be limited to 60 feet; property sizes of greater than ten acres up to 39 acres shall have a maximum tower height of 80 feet; and property from 40 acres or more for rural wind generators, the maximum tower height is 120 feet.
   (B)   Setback. No part of the wind system structure, including guy wire anchors, may extend closer than one and one-tenth times the hub height in feet to the property boundaries of the installation site.
   (C)   Noise. Small wind energy systems shall not exceed 55 dBA for lot sizes of three and up to nine and up acres, as measured at the closest neighboring inhabited dwelling. The level, however, may be exceeded during short-term events such as utility outages and/or severe wind storms.
   (D)   Approved wind turbines. Small wind turbines and rural wind generators must have been approved under the emerging technologies program recognized by the American Wind Energy Association.
   (E)   Compliance with 1997 Uniform Building Code. Building permit applications for small and rural wind energy systems shall be accompanied by standard drawings of the wind turbine structure, including the tower, base, and footings.
   (F)   Compliance with FAA regulations. Small and rural wind energy systems must comply with applicable FAA regulations, including any necessary approvals for installations close to airports.
   (G)   Compliance with National Electric Code. Building permit applications for small and rural wind energy systems shall meet the National Electrical Code and the local power companies requirements.
   (H)   Utility notification. No small or rural wind energy system 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 generator. Off-grid systems shall be exempt from this requirement.
   (I)   Evidence. The proposed height of the wind turbine tower does not exceed the height recommended by the manufacturer or distributor of the system. 
(Ord. 19, passed - -2008)