The purpose and intent of this chapter is to promote safe, effective use of residential wind energy facilities installed to reduce the on site consumption of utility supplied electricity and to provide a regulatory scheme for the construction and operation of wind energy facilities in the county, subject to reasonable restrictions, which will preserve scenic assets and protect the public health, safety, and welfare. (Ord. 2010-02, 1-19-2010)

ROOFTOP WIND ENERGY FACILITY: A wind energy facility mounted to the top of a structure to which it is an accessory. Overall height is measured from grade to highest point on the WEF.

WIND ENERGY FACILITY (WEF): A wind energy conversion system consisting of a turbine or generator and typically blades and a tower and associated control or conversion electronics which provides electrical power intended for residential or farm and associated outbuildings and on site uses.

WIND ENERGY FACILITY HUB HEIGHT: The height above grade to the centerline of the turbine rotor on a horizontal axis wind turbine.

WIND ENERGY FACILITY TIP HEIGHT: The height above grade of the fixed portion of the tower plus the blade radius at its highest point. (Ord. 2010-02, 1-19-2010)

The placement, use or modification of a WEF as allowed by law within unincorporated Blaine County by a permittee, is subject to the provisions of this title.

   A.   Rooftop Wind Energy Facilities:

      1.   One or more rooftop WEF up to an overall height of forty feet (40') is a conditional use on less than five (5) acres subject to section 9-3A-6, "Conditional Use Permit Procedure", of this chapter in all zones.

      2.   A rooftop WEF up to an overall height of forty feet (40') on five (5) acres or more is subject to section 9-3A-5, "Categorical Exclusion", of this chapter in all zones. Multiple rooftop WEF may be requested through section 9-3A-6, "Conditional Use Permit Procedure", of this chapter.

      3.   No rooftop WEF shall be permitted within the mountain overlay district or the scenic corridor.

   B.   Freestanding Wind Energy Facilities:

      1.   A freestanding WEF up to forty foot (40') tip height is a conditional use subject to section 9-3A-6, "Conditional Use Permit Procedure", of this chapter in the following zoning districts: SCR-.4, R-.4, R-1, R-2, and R-21/2 on a minimum of two and a half (2.5) acres; and R-5 on a minimum of five (5) acres.

      2.   A freestanding WEF up to forty foot (40') hub height is subject to section 9-3A-5, "Categorical Exclusion", of this chapter in the following zoning districts: R-10, A-20, A-40, and RR-40 on a minimum of ten (10) acres. On parcels of five (5) acres up to ten (10) acres in these zones, a freestanding WEF up to forty foot (40') hub height is a conditional use subject to section 9-3A-6, "Conditional Use Permit Procedure", of this chapter.

      3.   A freestanding WEF with a hub height no taller than eighty feet (80') is a conditional use on a minimum of ten (10) acres subject to section 9-3A-6, "Conditional Use Permit Procedure", of this chapter in the R-10 zoning district.

      4.   A freestanding WEF with a hub height no taller than one hundred twenty feet (120') is subject to section 9-3A-5, "Categorical Exclusion", of this chapter in the following zoning districts: A-20, A-40, RR-40 on a minimum of twenty (20) acres.

      5.   No freestanding WEF shall be permitted within the mountain overlay district or the scenic corridor. (Ord. 2010-02, 1-19-2010)

   A.   Installation of an anemometer, or related devices, for not less than twelve (12) months for the purpose of determining feasibility of a wind energy generating site. The anemometer may not be installed at a WEF height greater than permissible for that zoning district.

   B.   General repair, maintenance, replacement or upgrade of equipment of an existing WEF provided that any equipment replaced does not violate the conditions of administrative or conditional use permit approval. (Ord. 2010-02, 1-19-2010)

Unless the intent is to circumvent the purposes of this chapter, a landowner or his/her authorized agent may be categorically excluded from the CUP requirements of this chapter if before commencing construction of a single WEF, the landowner or agent first obtains a written decision from the administrator, in consultation with the county engineer or his/her designated representative, that the WEF construction falls within and meets the following criteria:

   A.   Rooftop WEF is an accessory fixture to the residence or agricultural building upon which it is mounted.

   B.   Rooftop WEF does not exceed a five foot (5') diameter.

   C.   Rooftop WEF noise emission does not exceed thirty five (35) decibels as measured from the nearest property line.

   D.   Complies with all administrative standards in subsection 9-3A-7A of this chapter. (Ord. 2010-02, 1-19-2010)

   A.   Application Form And Fees: Application for a conditional use permit shall be made on a form furnished by the administrator and shall be filed by the applicant(s). The application fee established by the resolution board shall accompany each application. Fees resulting from the technical review by the county engineer or other qualified person as designated by the county are the responsibility of the applicant, and shall be paid prior to public hearing. No application shall be certified as complete unless it includes the following minimum information in sufficient detail for the commission or hearing examiner to determine compliance with the standards of evaluation as set forth in section 9-3A-7 of this chapter. Based upon site specific circumstances, and upon appropriate findings, the commission or hearing examiner may require additional information in order to render a decision on an application. Further, the administrator may waive certain submittal requirements based upon site specific condition and appropriate findings.

   B.   Application: The application shall include at a minimum:

      1.   Name, address and telephone number of the applicant as well as any agents for the applicant.

      2.   Original signature for the applicant applying for the conditional use permit. If the applicant is represented by an agent, original signature authorizing the agent to represent the applicant is required.

      3.   A complete legal description of the subject property. A vicinity map shall be included.

      4.   Zoning designation of subject property including any overlay districts.

      5.   Comment from Idaho department of fish and game and the applicable fire district.

      6.   A parcel map drawn to scale showing the subject property, and all properties within one thousand feet (1,000') of the external boundaries of the land being considered.

      7.   A list of the names and addresses of all property owners and residents within three hundred feet (300') of the external boundaries of the land being considered. Names and addresses shall also be provided on mailing labels.

      8.   Wind resource data collected continuously by an anemometer on site for no less than one year for a freestanding WEF.

   C.   Site Plan: Site plan drawn to scale of no less than one inch equals twenty feet (1"=20'), specify the following:

      1.   Standard drawings of the WEF structure, including design and dimensions of tower, base, footings, and guywire anchors. Overall height from natural grade to tip of extended blade, location of substation(s), electrical cabling from WEF to the substation(s), ancillary equipment, buildings, and structures shall be included.

      2.   Depiction and explanation of land use on subject property and adjacent property including location and height of surrounding structures, power transmission lines, and trees. (Ord. 2010-02, 1-19-2010)

The applicant has the burden of demonstrating compliance with each of the standards of evaluation as set forth in this section. The commission or hearing examiner shall review the application and determine if there is substantial evidence in the record to make a finding that either the proposal complies with each of the following standards of evaluation, or the specific standard is not applicable to the application:

   A.   Administrative Standards:

      1.   Compliance With International Building Code: WEF applications shall be accompanied by standard drawings of the wind turbine structure, including the tower, base, footings, and guywire anchors. An engineering analysis of the tower showing compliance with the international building code, certified by a licensed professional engineer and wet stamp shall also be submitted. This analysis is frequently supplied by the manufacturer.

      2.   Compliance With National Electric Code: Applications for WEF shall be accompanied by a line drawing of the electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the national electrical code.

      3.   Utility Notification: No 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.

      4.   Approved Wind Energy Facilities: WEF equipment must be approved under an emerging technology program such as the California energy commission, international electrotechnical commission or any other small wind certification program recognized by the American Wind Energy Association (AWEA) or the U.S. department of energy.

      5.   Federal Aviation Administration (FAA): WEF must comply with applicable FAA regulations and shall not be permitted within the airport vicinity overlay.

      6.   Siting Requirements: All parts of a WEF, including guywire anchors, are subject to zoning setbacks. Freestanding WEF shall be located a minimum of 1.1 times the overall height of the WEF from all inhabited structures on subject property, property lines, and roads. No WEF shall be sited closer to a neighboring residence or neighboring building envelope than it is to the subject property's residence. Wind energy facility blades shall be higher than twenty feet (20') above the ground. No blades may extend over parking areas, playgrounds, driveways or sidewalks.

      7.   Noise Requirements: Noise emitted from the WEF shall not exceed sixty (60) decibels as measured from the nearest adjacent property line.

   B.   Design Standards:

      1.   Wind energy facilities shall be a nonobtrusive color.

      2.   Wind energy facilities shall not be artificially lit.

      3.   On site transmission and power lines between WEFs shall, to the maximum extent practicable, be placed underground.

      4.   A clearly visible warning sign concerning voltage shall be placed at the base of all pad mounted transformers and substations.

      5.   Wind energy facilities shall not be used for displaying advertising.

      6.   Wind energy facility conditional use permit applications are subject to applicable standards of evaluation in subsection 9-25-3A of this title.

      7.   If the applicant or landowner with respect to an application for a conditional use permit under this section is the state of Idaho, or any agency, board, department, institution, or district thereof, the commission or the board, in addition to all other applicable standards and criteria hereunder, shall take into account the plans and needs of the state, or any agency, board, department, institution or district thereof, as required by Idaho Code 67-6528. (Ord. 2010-02, 1-19-2010)

The administrator shall review the application submittal for compliance to the submittal requirements set forth herein. Once it has been determined by the administrator that the submittal requirements have been satisfied, the administrator shall certify the application as complete and place the application on the agenda of the next available regular meeting of the commission or hearing examiner wherein legal notice requirements can be satisfied. No application shall be certified as complete unless it includes information in sufficient detail for the commission or hearing examiner to determine compliance with the standards of evaluation as set forth in section 9-3A-7 of this chapter. In the event the application is not complete, the administrator shall advise the applicant of the corrective action needed. In the event the data required for the administrator to certify the application as complete is not filed within one hundred eighty (180) days from the date the application as complete is not filed with the Blaine County planning office, the application shall be null and void. One time only, the administrator, at his/her discretion, may approve one extension of time within which materials may be submitted upon receipt of a written request by the applicant giving in detail the reason additional time is required to file said materials under this section, said approval shall be in writing and for a specific period of time not to exceed forty five (45) days. (Ord. 2010-02, 1-19-2010)

Notice requirements for a conditional use permit application for a WEF shall be satisfied as set forth in section 9-25-4 of this title. (Ord. 2010-02, 1-19-2010)

Decisions shall be based on the standards of evaluation as set forth in section 9-3A-7 of this chapter. The standards of evaluation contained in section 9-25-3 of this title are applicable to WEFs. Review of the application and receipt of public input shall be conducted at a duly noticed public hearing as set forth in section 9-25-4 of this title. The commission or hearing examiner may order the hearing to be continued up to thirty one (31) days at the same place, in which case no further published notice shall be required, other than that requested by the commission or hearing examiner. Continuation beyond thirty one (31) days shall require further published notice, according to section 9-25-4 of this title. The commission or hearing examiner shall approve, approve with conditions, or deny said application, making appropriate findings to support the decision. The commission or hearing examiner shall enter an order or adopt its written findings of fact and decision within thirty one (31) days after the action is taken by the commission or hearing examiner. The granting of the conditional use permit shall not be considered as establishing a binding precedent to grant other conditional use permits. A conditional use permit is not transferable from one parcel of land to another. (Ord. 2010-02, 1-19-2010)

   A.   A WEF that is out of service for a continuous one year period will be deemed to have been abandoned. The administrator may issue a notice of abandonment to the owner of a WEF that is deemed to have been abandoned. The owner shall have the right to respond in writing to the notice of abandonment setting forth the reasons for operational difficulty and providing a timetable for corrective action, within thirty (30) days from the date of the notice. The administrator shall withdraw the notice of abandonment and notify the owner that the notice has been withdrawn if the owner provides information that demonstrates the wind energy system has not been abandoned.

   B.   If the WEF is determined to be abandoned, the owner shall remove the WEF at the owner's sole expense within three (3) months of the date of the notice of abandonment. If the owner fails to remove the WEF, the administrator may pursue a legal action to have the wind generator removed at the owner's expense. (Ord. 2010-02, 1-19-2010)