It is the purpose of this regulation to promote the safe, effective and efficient use of alternative energy systems installed to reduce the on-site consumption of utility supplied electricity. Alternative energy systems include, but are not limited to horizontal-axis wind turbine systems, vertical-axis wind turbine systems, and photovoltaic systems. Said systems may be affixed to a building or to the ground. These regulations shall not apply to wind farms, which are prohibited within the city limits.

(Ord. No. 2009-38, § 1, 12-15-2009)

A.

"Alternative energy system" means an energy conversion system, which is intended to primarily augment on-site consumption of utility power.

B.

"Height" means the vertical distance of an alternative energy system measured from the adjacent grade of the fixed portion of the system or building (when a system is affixed to a building) to the highest point of the system at its fully extended height.

C.

"Horizontal-axis wind turbine system" means a wind energy conversion system that may consist of a tower, rotor with blades, and associated control or conversion electronics. The axis of rotation of the blades is parallel to the ground.

D.

"Photovoltaic system" means an energy conversion system that may consist of an array comprised of photovoltaic cells, a supporting structure, and associated control or conversion electronics. The supporting structure may be fixed or movable by automatic or manual means.

E.

"Vertical-axis wind turbine system" means a wind energy conversion system that may consist of a tower, rotor with blades, and associated control or conversion electronics. The axis of rotation of the blades is perpendicular to the ground.

F.

"Wind farm" means a group of wind turbines in the same location used primarily for production of electric power for use beyond the assessor parcel(s) on which they are located.

(Ord. No. 2009-38, § 1, 12-15-2009)

A.

All alternative energy systems shall be subject to the regulations set forth below.

1.

Alternative energy systems shall be permitted in any zoning districts.

2.

An alternative energy system is considered an accessory use and is permitted only in conjunction with a primary use. Said systems shall be located behind the front yard setback.

3.

The number of systems permitted on an assessor parcel number are counted based on how they are affixed and not cumulatively.

4.

Together, the alternative energy systems located on an assessor parcel number shall not exceed the rated demand for the use on said parcel, by more than one hundred twenty-five percent, as determined by the applicable utility company.

5.

An alternative energy system shall be limited to a height of sixty feet or less.

6.

An alternative energy system with a height above sixty feet up to one hundred feet, shall require a conditional use permit in accordance with Chapter 17.08 of the city code.

7.

Alternative energy systems shall not be located within easements of any type.

8.

Alternative energy systems shall be designed, installed, and operated so that the systems do not make any loud, unnecessary, or offensive noise or any noise which may reasonably be anticipated to annoy, disturb, injure or endanger the comfort, slumber, peace, health or safety of any reasonable person or persons of normal sensitivity, whether due to volume or duration or both and shall not exceed 60 DBA, as measured at ground level at the nearest inhabited dwelling unit, except during short-term events such as utility outages and/or severe wind storms.

9.

Alternative energy systems shall remain the painted or finished color that was originally applied by the manufacturer.

10.

The installation of an alternative energy system shall require a permit and comply with all applicable provisions of the latest edition of the International Construction Codes and National Electrical Codes as adopted by the city.

11.

Alternative energy systems shall comply with all applicable FAA regulations, including any necessary approvals for installations close to any airport or heliport.

12.

Alternative energy systems shall not be installed until approval in writing from the applicable utility company has been provided to the city during the permit process. Off-grid systems shall be exempt from this requirement.

13.

There shall be no signage on alternative energy systems, except those that may be required by the applicable utility company and/or the international construction codes and national electric codes as adopted by the city.

14.

Said system(s) shall only produce electric power for individual use on the assessor parcel(s) on which they are located. Power generated in excess of the needs of the individual use may be returned to the grid.

(Ord. No. 2009-38, § 1, 12-15-2009)

A.

For parcels of land zoned for single family residential uses, there shall not be more than two alternative energy systems that are affixed to a building(s) for each assessor parcel number on which the system(s) are located, unless a conditional use permit is obtained in accordance with Chapter 17.08 of the city code.

B.

For parcels of land zoned for all other uses, there shall not be more than five alternative energy systems that are affixed to a building(s) for each assessor parcel number on which the system(s) are located, unless a conditional use permit is obtained in accordance with Chapter 17.08 of the city code.

C.

For an alternative energy system that is affixed to a building, the minimum setback from the tower to the property boundaries of the installation site shall be the same as those established for the zoning district in which the system is located.

(Ord. No. 2009-38, § 1, 12-15-2009)

A.

There shall not be more than two alternative energy systems that are affixed to the ground for each assessor parcel number, unless a conditional use permit is obtained in accordance with Chapter 17.08 of the city code.

B.

For an alternative energy system that is affixed to the ground, the minimum setback from the tower to the property boundaries of the installation site shall be at least the reclining height of the system.

(Ord. No. 2009-38, § 1, 12-15-2009)

A.

Any alternative energy system that is not operated for a continuous period of twelve months shall be considered abandoned, and the owner of such system shall remove the same within ninety days of receipt of notice from the city notifying the owner of such abandonment. Failure to remove an abandoned system within such ninety days shall be grounds to remove the system at the owner's expense in accordance with Chapters 17.54 and 17.56 of the city code.

B.

All alternative energy systems shall be maintained in a safe and attractive manner, including the replacement of defective parts, painting, repainting, cleaning and other acts which may be required for the maintenance of such system. The city may compel removal of any system which is abandoned, dangerous, defective (materially, electrically, or structurally) or which fails to comply with the requirements of this chapter.

C.

All violations of this Chapter shall be processed in accordance with Chapters 17.54 and 17.56 of the city code.

(Ord. No. 2009-38, § 1, 12-15-2009)