R63. - Wind Energy Structure.

A.

One (1) structure permitted per parcel, except as provided in B.4 below.

B.

Permitted and special uses.

1.

Non-freestanding structures: If a wind energy structure meets each of the following conditions it is allowed by right in all zoning districts and does not have to meet requirements C. through K. below:

a.

The structure is not freestanding—i.e., is attached to the roof of a preexisting structure.

b.

The turbine blades measure less than six (6) feet in diameter.

2.

Freestanding structures under fifty (50) feet in height: A freestanding wind energy structure up to fifty (50) feet tall is permitted by right in all zoning districts, but must meet requirements C. through K. below.

3.

Freestanding structures from fifty (50) to three hundred fifty (350) feet in height: A freestanding wind energy structure more than fifty (50) feet tall and up to three hundred (350) feet tall is permitted with a special use permit in all zoning districts except the HB, GB, M-1, and M-2 districts. In those districts the use is permitted by right. Freestanding wind energy structures in all districts must meet requirements C. through K. below.

4.

For parcels with multiple wind energy structures, special use permits and adherence to requirements C. through K. are required, regardless of structure types.

C.

Applicant must submit a site plan proving adherence to all wind energy structure requirements. Height is measured from the lowest adjacent grade to the tip of the turbine when it reaches its highest elevation. Once approved, all permits for construction of a wind tower are issued in reliance upon a presumption that the tower will in fact conform to the plans which are submitted as the basis for the permit. Once constructed, the tower must continue to be maintained in compliance with the provisions of this Ordinance.

Figure 3.2 Windmill Height

 

D.

The minimum distance from the tower's base to the property line shall be one-and-a-half (1½) feet to each vertical foot of the tower's height. In addition, the minimum distance of the wind energy facility to the nearest inhabited structure of an adjacent property owner and/or the nearest public road shall be two times the height of the tower.

Property line setbacks may be reduced if an adjacent property owner records an easement at the register of deeds, reserving one (1) foot of land for each vertical foot of the tower's height for a tower fall area. The easement must not contain an inhabitable building.

E.

Audible sound from the wind energy facility must not exceed thirty (30) decibels at the property line (or easement line if applicable).

F.

The operator of the small wind energy facility is permitted to sell excess power to an energy or utility company.

G.

Tower must comply with applicable local, state, and federal regulations such as airport hazard regulations (Section 4.5) and FAA and FCC regulations.

H.

Wind energy structures shall not be artificially lighted except at the ground level, pointing toward the ground-except when required by a state or federal (such as FAA or FCC) regulations.

I.

No business signs, billboards, or other advertising shall be installed on a tower, nor shall any tower be painted or have a color considered obnoxious or offensive.

J.

Collector and conversion equipment shall be placed underground or inside a building- to the maximum extent possible.

K.

The property owner shall have six (6) months to complete decommissioning of the wind energy facility if no electricity is generated for a continuous period of twelve (12) months.

Applicant must submit decommissioning plans that describe the anticipated life of the wind power project, the estimated decommissioning costs in current dollars, the method for ensuring that funds will be available for decommissioning and restoration, and the anticipated manner in which the wind power project will be decommissioned and the site restored.