A. Purpose: The purpose of this section is to allow renewable energy systems such as wind and solar within the city while protecting residential areas and other land uses from potential adverse impacts of these systems.
B. Submittal Requirements For All Wind And Solar Energy Systems:
1. Review Criteria: When a conditional use permit is required, the zoning administrator or planning commission shall consider the following criteria in determining whether to approve a conditional use permit for any wind and/or solar energy system:
a. Proximity of the system to residential structures and residential district boundaries;
b. Possible negative impacts on surrounding properties, including, but not limited to, noise, shadow flicker, low frequency vibrations and the disruption of scenic views or other visual impacts;
c. Aesthetics of the system, including, but not limited to, height, wind vanes, color, type, size and the visibility of the system.
2. Utility Notification: All applicants shall submit evidence to the city that the relevant electric utility company has been informed of the customer's intent to install an interconnected customer owned wind and/or solar energy system. Off grid systems shall be exempt from this requirement.
3. Cables: Any cable connected to the wind and/or solar energy system must be undergrounded except for properties which obtain electric power service from aboveground lines and who are not otherwise required to underground.
C. Wind Energy Systems:
1. Design Standard For All Wind Energy Systems:
a. Sound: Sound produced by the turbine under normal operating conditions shall meet all applicable noise regulations from the Salt Lake Valley health department, except during naturally occurring short term events like severe storms.
b. Shadow Flicker: The tower shall be located so as to reduce the occurrence of shadow flicker on inhabited structures located on adjacent properties.
c. Wildlife And Habitat Impacts:
(1) Due to potential wildlife conflicts, any wind energy system proposed to be located west of the Bonneville Shoreline Trail, as depicted on the West Jordan land use map or east of the North Jordan Canal shall consult with the Utah division of wildlife resources. Proof of such consultation shall be submitted to the city and shall be a requirement of conditional use permit application or building permit application if a conditional use permit is not required. The planning commission or zoning administrator may require any recommended modifications proposed by the Utah division of wildlife resources during permit review.
(2) Clearing of natural vegetation shall be limited to that which is necessary for the safe construction, operation, and maintenance of the wind energy system. Any land that has been disturbed and is not necessary for the functioning of the system shall be reclaimed with natural vegetation within sixty (60) days of the system becoming operational.
d. Signage: Signage is prohibited on the tower, blades, or accessory structures except for appropriate warning signs. Manufacturer identification may be placed on the turbine; however, advertising signs of any kind are prohibited.
e. Lighting: No illumination of the turbine or tower shall be allowed unless required by the federal aviation administration. When lighting is required, it shall be done in such a way as to reduce the effects on birds.
f. Signal Interference: The owner or operator shall make reasonable efforts to avoid any disruption or loss of radio, telephone, television, internet or similar wireless signals, and shall mitigate any harm caused by the wind energy system. Such owners may be subject to a notice of violation and administrative penalties if violation occurs.
g. Accessory Buildings And Support Equipment: Buildings and support equipment associated with the tower shall be defined as accessory structures and must comply with section 13-8-3 of this chapter.
2. Small Wind Energy Systems:
a. Tower Height:
(1) Commercial, office, manufacturing and public facility zones: The maximum tower height for small wind energy systems, including the blade, shall not exceed forty feet (40') measuring from the adjacent finished grade to the tip of the blades at their highest point.
b. Blade Height: The minimum height of the lowest point of a turbine blade shall be fifteen feet (15') above the ground.
c. Setback:
(1) The base of the tower shall be set back from all property lines, public rights of way, and aboveground public utility lines a distance equal to the tower height plus the length of one blade.
(2) The base of the tower shall not be located within any required front, side, or corner side yard area.
(3) The base of the tower and turbine blades shall be set back from all structures on the same property a minimum of ten feet (10').
d. Access:
(1) Freestanding Tower: No climbing apparatus including foot pegs or rungs shall be within twenty feet (20') of the ground on a freestanding tower.
(2) Lattice Tower: The towers shall be wrapped by a protective cover, including sheets of metal, wood or similar barrier on the bottom twenty feet (20') of the lattice tower so that it cannot readily be climbed.
3. Rooftop Mounted Wind Energy Systems:
a. Height: The proposed system is restricted to the same maximum height requirements as found in the applicable zoning district, or up to eight feet (8') above the roofline of the structure on which it is located, whichever is less.
b. Setback: The proposed rooftop mounted wind energy system must be set back from all property lines at a distance equal to the total height of the system, including blades and tower.
c. R-1 Zones: In R-1 zones only one roof mounted wind energy system is allowed as an accessory use per parcel and must meet all the requirements as an accessory use.
4. Micromodel Wind Energy Systems:
a. Height: The proposed system is restricted to the same maximum height requirements as the structure on which the micromodel system is installed or up to eight feet (8') above the highest point of the structure on which is it located, whichever is less.
b. Setback: The proposed micromodel wind energy system must be set back from all property lines at a distance equal to the total height of the structure and system, including blades and tower.
c. R-1 Zones: In R-1 zones only one roof mounted micromodel wind energy system is allowed as an accessory use per parcel and must meet all the requirements as an accessory use.
D. Solar Energy System:
1. Design Standards For All Solar Energy Systems:
a. Reflection: Steps shall be taken to minimize the amount of reflected sunlight onto neighboring structures and rights of way in order to reduce safety hazards. This includes, but is not limited to, altering system angles and locations, utilizing antireflective coatings, etc.
b. Screening: All ground mounted solar energy systems shall screen utility and mechanical equipment as required in subsection 13-14-3C of this title.
2. Building Mounted Solar Energy System:
a. Setback: Building mounted solar energy systems shall meet the same setbacks as are required for the building the system is mounted to, but are not allowed to extend beyond the surface to which they are attached.
b. Height: Building mounted solar energy systems are allowed to extend to the peak of any existing roof, regardless of height, subject to the restrictions of subsection D2b(1) of this section.
(1) Building mounted solar energy systems that are not visible from the public right of way may be bracket mounted or tilted on a roof to a maximum of not more than seven feet (7') above the surface of the roof at the highest finished pitch of the system but shall maintain one side of the array within twelve inches (12") of the roof surface. Roof mount systems that are visible from the street frontage right-of-way shall not have a highest finished pitch more than five percent (5%) steeper than the roof pitch on which the system is mounted, and shall be mounted no higher than twelve inches (12") above the roof.
3. Ground Mounted Solar Energy System:
a. Setback: Setbacks for ground mounted solar energy systems shall be the same as accessory structures found in subsection 13-8-3C of this chapter and are prohibited within the front yard area.
b. Height: The maximum height allowed for ground mounted solar energy systems is twenty feet (20') measured from the surrounding natural grade to the highest point of the system.
4. Solar Easement: Solar easements are not a requirement for City approval; nonetheless, a property owner who has installed or intends to install a solar energy system may negotiate a solar easement with adjacent property owners to ensure perpetual sun on the property. Any easement agreed upon must be recorded by the County Recorder, with a copy provided to the City.
E. General Provisions:
1. Abandonment:
a. An inoperable system must be dismantled and removed promptly. If a system is not operated for twenty four (24) consecutive months it will be presumed that the system is inoperable.
b. The owner is responsible for reclaiming the land using natural vegetation and to the greatest extent possible the land shall be fully restored within sixty (60) days of the removal and decommissioning of the system.
2. Small Decorative Systems: Small systems less than three feet (3') in diameter or width that use direct current solely for decorative or yard lighting are exempt from permit requirements and restrictions of this section.
3. Prohibited: This section does not permit large scale projects which include multiple wind and/or solar energy systems designed to produce energy for wholesale purposes. (Ord. 14-09, 5-14-2014)