The purpose of this chapter is to provide regulations for the safe and effective construction and operation of small wind energy facilities in the city, subject to reasonable restrictions, which will preserve the public health and safety. (Ord. 2008-17, 11-11-2008)

The planning commission and city council make the following findings:

1. Wind energy is an abundant, renewable and nonpolluting energy resource; and
2. The conversion of wind to electricity will reduce our dependence on nonrenewable energy resources and decrease the air and water pollution that results from the use of conventional energy sources; and
3. Wind energy systems enhance the reliability and power quality of the power grid, reduce peak power demands and help diversify energy supply.
4. The unnecessary proliferation of wind energy facilities throughout the city creates a negative visual impact (visual pollution) on the community.
5. The visual effects of small wind energy facilities can be mitigated by fair standards regulating their siting, construction, maintenance and use. (Ord. 2008-17, 11-11-2008)
   

As used in this chapter, the following terms shall have the meanings indicated:

SMALL WIND ENERGY FACILITY: A wind energy conversion system consisting of a wind turbine, a tower and associated control or conversion electronics which is intended to primarily reduce on site consumption of utility power. Small wind energy systems are typically designed for on site home, farm and small commercial use.

TOTAL HEIGHT: When referring to a wind turbine, the distance measured from ground level to the blade extended at its highest point. (Ord. 2008-17, 11-11-2008)

1. Allowed Areas: Small wind energy systems may be allowed in all zoning districts on a site of at least one acre as an accessory use.
2. Applications: In conjunction with the application requirements for a building permit, an application for a small wind energy conversion system shall include the following:
   1. Evidence that the proposed tower height does not exceed the height recommended by the manufacturer or distributor of the system.
   2. A line drawing of the electrical components of the system in sufficient detail to allow for a determination that the instinct of installation conforms to the electrical code.
   3. Sufficient information demonstrating that the system will be used primarily to reduce on site consumption of electricity.
   4. Written evidence that the electric utility service provider that serves the proposed site has been informed of the applicant's intent to install an interconnected customer owned electricity generator, unless the applicant does not plan, and so states in the application, to connect the system to the electricity grid.
   5. A visual analysis of the small wind energy facility as installed, which may include a computerized photographic simulation, demonstrating the visual impacts from nearby strategic vantage points. The visual analysis shall also indicate the color treatment of the system's components and any visual screening incorporated into the project that is intended to lessen the system's visual prominence.
   6. A decommissioning plan that includes the anticipated life of the small wind energy facility, the estimated decommissioning costs in current dollars, and the manner in which the wind energy facility will be decommissioned and dismantled.
3. Design Standards: All small wind energy systems shall comply with the following standards:
   1. A system shall be located on a lot a minimum of one acre in size, however, this requirement can be met by multiple owners submitting a joint application.
   2. Only one small wind energy system tower per legal lot shall be allowed, unless there are multiple applicants, in which their joint lots shall be treated as one lot for purposes of this section.
   3. Tower heights may be allowed as follows:
      1. Fifty feet (50') or less on parcels between one and five (5) acres.
      2. Seventy five feet (75') or less on parcels of five (5) or more acres.
      3. The allowed height shall be reduced if necessary to comply with all applicable federal aviation requirements.
   4. The rotor and blade diameter shall not collectively exceed sixteen feet (16').
   5. A small wind energy facility shall not be located closer to a property line than the total height of the facility.
   6. The system tower and blades shall be painted or treated a nonreflective, unobtrusive color that blends the system and its components into the surrounding landscape to the greatest extent possible and incorporate nonreflective surfaces to minimize any visual disruption.
   7. The system shall be designed and located in such a manner to minimize adverse visual impacts from public viewing areas (e.g., public parks, roads, trails). To the greatest extent feasible, a small wind energy system:
      1. Shall not project above the top of ridgelines.
      2. If visible from public viewing areas, shall be screened to the maximum extent reasonable by vegetation or other means to minimize potentially significant adverse visual impacts on neighboring residential areas.
   8. Exterior lighting on any structure associated with the system shall not be allowed except that which is specifically required by the federal aviation administration.
   9. All on site electrical wires associated with the system shall be installed underground, except for "tie-ins" to a public utility company and public utility company transmission poles, towers and lines. This standard may be modified by the planning commission if the project terrain is determined to be unsuitable due to reasons of excessive grading, biological impacts, or similar factors.
   10. The system shall be operated such that no disruptive electromagnetic interference is caused. If it has been demonstrated that a system is causing harmful interference, the system operator shall promptly mitigate the harmful interference or cease operation of the system.
   11. At least one sign shall be posted on the tower at a height of five feet (5') warning of electrical shock or high voltage and harm from revolving machinery.
   12. No brand names, logo or advertising shall be placed or painted on the tower, rotor, generator or tail vane where it would be visible from the ground, except that a system or tower's manufacturer's logo may be displayed on a system generator housing in an unobtrusive manner.
   13. Towers shall be constructed to provide one of the following means of access control, or other appropriate method of access:
       1. Tower climbing apparatus located no closer than twelve feet (12') from the ground.
       2. A locked anticlimb device installed on the tower.
       3. A locked, protective fence at least six feet (6') in height that encloses the tower.
       4. Tower may be of a smooth metal design similar to a metal flagpole that by its design inhibits climbing.
   14. Anchor points for any guywires for a system tower shall be located within the property that the system is located on and not on or across any aboveground electric transmission or distribution lines. The point of attachment for the guywires shall be enclosed by a fence six feet (6') high or sheathed in bright orange or yellow covering from three (3) to eight feet (8') above the ground.
   15. All small wind energy system tower structures shall be designed, constructed and installed to be in compliance with pertinent provisions of the international building code, national electrical code, and any other applicable codes.
   16. All small wind energy systems shall be equipped with automatic overspeed controls. The conformance of rotor and overspeed control design and fabrication with good engineering practices shall be certified by the manufacturer.
   17. Except during short term events, including utility outages and severe windstorms, a small wind energy facility shall be designed, installed and operated so that noise generated by the system shall not exceed fifty (50) decibels (dBA), as measured at the closest neighboring dwelling.
4. Maintenance: All small wind energy facility shall be maintained in good condition and in accordance with all requirements of this section.
5. Abandonment Of Use: A small wind energy facility which is not used for twelve (12) successive months shall be deemed abandoned and shall be dismantled and removed from the property at the expense of the property owner in accordance with an approved decommissioning plan. (Ord. 2008-17, 11-11-2008)