Granville City Zoning Code

ARTICLE 1304

Supplemental Regulations

1304.01 PURPOSE.

(a) The purpose of this chapter is to establish standards and policies for specific uses in all districts that require particular considerations. These regulations will supplement general development standards by establishing uniform criteria for each use-whether a permitted use by right or a conditional use-and are set forth to achieve compatibility with the principal uses permitted in a zoning district. The provisions for this chapter shall apply in addition to any other applicable zoning regulations.

(Passed 8-28-18.)

1304.02 ADULT BUSINESS.

(a) In the event that an activity or business which might fall under a use category other than adult business is combined with or includes activities which constitute an adult bookstore, adult movie theater or movie house, or adult entertainment, as defined herein, then such activity or business shall constitute an adult business and shall be governed by provisions applicable to adult business uses.

(b) No adult business shall be located within one thousand (1,000) feet of another adult business.

(c) No adult business shall be located within five hundred (500) feet of a residential district or any property on which a dwelling is situated.

(d) No adult business shall be located within five hundred (500) feet of a school, park, library, child day care center, or place of worship.

(e) An adult business shall not operate in the same building as another adult business.

(f) All doors, windows, and other apertures shall be located, covered, or screened in such a manner as to prevent viewing the interior of the establishment from a public street or sidewalk.

(g) The prescribed distances in this section shall be measured along a straight line beginning at a point or points from any public entrance of an adult business existing or to exist as disclosed under any filed application to operate an adult use.

(Passed 8-28-18.)

1304.03 AUTOMOBILE REPAIR/SERVICE, VEHICLE SALES/RENTAL AND SERVICE, BOAT AND MARINE SALES/SERVICE.

(a) Outdoor storage areas shall be located within the side or rear yards and screened from adjacent properties with fencing or with a landscape buffer area, except that new and used vehicles and boats currently being offered for sale, rent, or lease may be located in the front yard, subject to yard, setback, and other requirements of this code.

(b) Activities involving excessive noise shall be conducted entirely within the confines of a building sufficiently sound-insulated to effectively confine the noise.

(c) No vehicle, boat, or marine repair, service, sales, or rental uses shall be located less than one hundred (100) feet from a residential district as established in this Zoning Ordinance.

(d) Vehicles awaiting service may be stored outside for a period not to exceed two (2) weeks and a work order or some other written proof must be provided to show that the vehicle is actually awaiting service.

(e) Vehicles which shall not be stored outside are:

(1) Inoperable vehicles not awaiting service.

(2) Inoperable vehicles being scrapped or used for replacement parts for another vehicle being repaired.

(3) Operable vehicles not awaiting service and not used in connection with the business. (Passed 8-28-18.)

1304.04 BED AND BREAKFAST INN.

(a) The bed and breakfast shall be owner occupied.

(b) The bed and breakfast shall have a minimum gross floor area of two thousand and five hundred (2,500) square feet and rooms may not be subdivided into less than two hundred (200) square feet.

(c) The bed and breakfast shall not change the residential character of the dwelling and shall not detract from the residential character of the neighborhood.

(d) Meals shall only be provided to overnight guests. There shall be no separate cooking facilities in any guest room.

(e) Employment shall not exceed two (2) full-time employees not including the owner.

(Passed 8-28-18.)

1304.05 CHILD DAY CARE.

(a) All child care providers, whether state or privately operated, shall obtain a license from the West Virginia Secretary of State and the Department of Health and Human Resources. Each facility shall also be inspected by the Building Inspector and Fire Marshal to ensure the safety of children and employees.

(b) A facility shall provide a minimum of thirty-five (35) square feet of usable space per child. Any rooms or areas that have not been approved for the use of children shall be inaccessible. No activity space may be created in the basement of a structure unless expressly approved by the Fire Marshal.

(c) A secured outdoor activity area must be provided by the facility allowing a minimum of seventy five (75) square feet of space per child. Should the minimum space not be available, a rotating outdoor activity schedule shall be established to meet the minimum requirements and ensure that each child be afforded outdoor playtime every day, weather permitting.

(d) The outdoor activity area noted above shall be fenced with a minimum six (6) foot high fence. All play equipment shall be located in the fenced area.

(e) Parks may be used to meet outdoor activity requirements if located immediately adjacent to the facility.

(f) In no instance shall vehicles picking up or dropping off children idle in the street right-of-way or otherwise block public traffic patterns.

(g) Child day care businesses operated from a residence shall be operated by a permanent resident. No changes to the exterior of residences may be made for a child day care business operated from a residence except changes necessary for safety improvements.

(Passed 8-28-18.)

1304.06 DOG DAY CARE.

(a) The hours of operation shall be limited daily any time between 7 a.m. and 9 p.m.

(b) Dogs may be groomed, trained, exercised, and socialized, but not kept or boarded overnight, bred, sold, or let for hire unless the use is combined with a kennel as defined herein.

(d) Provide indoor and outdoor recreational areas for dogs. Indoor recreational area shall be at least one hundred (100) square feet per dog, and outdoor recreational area shall be at least one hundred and fifty (150) square feet per dog.

(e) Provide sight-obscuring fencing for all on-site outdoor recreation areas. The fence shall provide full containment for the dogs and be secured at all times. The fence structure shall be deep enough and secured to the ground to prevent escape and high enough to prevent dogs from jumping or climbing over. The fence shall comply with all fence provisions in this code.

(f) If there is a grooming facility on site, it must be physically separated from primary enclosure areas and food storage.

(g) Dogs shall display all required licensing, vaccination, and identification tags. Current records of required licensing and vaccination shall be kept by the dog day care.

(Passed 8-28-18.)

1304.07 FACTORY-BUILT HOMES.

Factory built homes shall not be positioned vertically, stacked with one over the other, in whole or in part.

(Passed 8-28-18.)

1304.08 GARAGE SALES.

(a) No more than four (4) garage sales, yard sales, or rummage sales are permitted within any twelve (12) month period for each residence or household.

(b) For the purpose of this subsection, garage sale, yard sale, and rummage sale shall be deemed to mean the same thing.

(d) Each garage sale shall not be permitted to last more than forty-eight (48) hours.

(e) A garage sale shall not include the sale of new merchandise.

(f) Tents may be used during the event subject to subsection (c) above and must be removed immediately following the conclusion of each event.

(g) All items must be removed from the exterior of the premise at the end of the sales event. (Passed 8-28-18.)

1304.09 HOME-BASED BUSINESS (NO IMPACT).

The business activity must satisfy the following requirements:

(a) The home-based business shall only employ individuals residing in the dwelling.

(b) A home-based business shall not change the residential character of the dwelling and shall not detract from the residential character of the neighborhood.

(d) A home-based business shall not display or sell retail goods or stockpile inventory of a substantial nature.

(e) There shall be no outside appearance of a business use, including, but not limited to, parking or lights, except signs as permitted by this code.

(f) The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors, or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.

(g) The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.

(h) The business activity shall be conducted only within the dwelling and may not occupy more than twenty-five (25%) percent of the gross floor area.

(i) No traffic shall be generated by such home-based business in excess of that normally associated with residential use.

(j) The business may not involve any illegal activity.

(Passed 8-28-18.)

1304.10 HOME-BASED BUSINESS (LOW IMPACT).

The business or commercial activity conducted as a home-based business must satisfy the following criteria:

(a) Customer, client, patient, or other traffic shall be restricted to 8 a.m. to 6 p.m.

(b) No more than twelve (12) visits to the home-based business shall be allowed per day, except as necessary to operate childcare facilities in accordance with the West Virginia Code; such visits may be addressed in a conditional use permit. A "visit" is defined as a stop at the business premises by one automobile transporting one or more customers, clients, patients, packages/parcels, or other business associates. A visit does not include the operator of the business, members of his/her family, or the business employee.

(c) The business or commercial activity shall not change the residential character of the dwelling and shall not detract from the residential character of the neighborhood.

(d) The home-based business shall not employ individuals living outside the dwelling to physically work at the dwelling, except Bed and Breakfast Inns may employ two nonresident employees to physically work at the Bed and Breakfast Inn.

(e) The business or commercial activity may not use any equipment or processes, which create noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the surrounding neighborhood.

(f) The business or commercial activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with the use of a dwelling in the neighborhood.

(g) The business activity may not occupy more than twenty-five (25%) percent of the gross floor area of the residence.

(h) The business may not involve any illegal activity.

(i) Any outdoor display or storage of materials, goods, supplies or equipment shall be prohibited, except for signs as permitted in this code.

(j) No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met by off-street parking. (Passed 8-28-18.)

1304.11 URBAN AGRICULTURE.

(a) Definitions for this Section.

(1) "Community Garden" means a neighborhood-based development with the primary purpose of providing space for members of the community to grow plants for beautification, education, recreation, community distribution, or personal use.

(2) "Fowl" means any chicken, duck, goose, turkey, or pigeon.

(3) "Home Agriculture" means the gardening or production, principally for use or consumption of the property owner or resident, of plants or their products including but is not limited to fruits of all kinds including grapes, nuts, and berries; vegetables; and floral, ornamental, and other non-commercial greenhouse products.

(4) "Hydroponics" means the cultivation of plants in nutrient solution rather than soil.

(5) "Livestock" means any hog, pig, goat, cow, horse, pony, emu, alpaca, or other hoofed animal.

(b) Community Gardens. The responsibility of managing, maintenance, and operations of community garden sites shall be that of the land owner or designated public or civic entity, nonprofit organization, or other community-based organization. Processing and storage of plants or plant products are prohibited on site. Garden tools and supplies may be stored within an accessory structure.

(c) Keeping of Fowl. The keeping of fowl is permitted as an accessory use to a dwelling, provided that the number of fowl on property shall not exceed two (2), and subject to the following provisions:

(1) A dwelling shall be located on the same lot as the fowl.

(2) Fowl shall be kept within a building, coop, or enclosure, and within a fully enclosed and fenced rear or side yard such that fowl may not be at large within the Town. The building, coop, or enclosure in which the fowl are kept must be at least fifteen (15) feet from any dwelling, except the primary dwelling situated on the property. The building, coop, or enclosure shall be durably constructed and maintained in conformance with the West Virginia State Building Code.

(3) A permit is required for keeping fowl within the Town. A permit may be obtained from the Town Clerk after application to the Zoning Officer and an inspection performed by the Zoning Officer.

(4) Any sale resulting from home agriculture or keeping of fowl shall constitute a home-based business and is subject to all applicable provisions of this code.

(5) Prohibitions.

A. Beekeeping shall not occur within the town.

B. Livestock shall not be kept within the town.

C. Roosters shall not be kept within the town.

D. Slaughtering and processing fowl is prohibited within the town.

E. Composting is prohibited. (Passed 8-28-18.)

1304.12 VIDEO GAMING AND LOTTERY.

(a) No public entrance to a video lottery establishment within the Town of Granville may be located within one thousand (1,000) feet of the public entrance to another video lottery establishment in or outside of town limits.

(b) Within the Town of Granville, no public entrance to a video lottery establishment shall be located within one thousand (1,000) feet of any property on which is situated any of the following:

(1) A public or private child daycare facility, kindergarten, elementary, grade, middle, junior, senior, or secondary or vocational school; or

(2) A public library; or

(3) A place of religious worship or instruction.

(c) In the Town of Granville, no public entrance to a video lottery establishment shall be located within one thousand (1,000) feet of any property on which is situated a dwelling.

(d) The prescribed distances under this section shall be measured along a straight line beginning at a point or points from any public entrance of a video lottery establishment, or building containing a video lottery establishment, existing or to exist as disclosed under any filed application of a video lottery permittee that has a non-appealable right to establish and operate a video lottery establishment. The one thousand (1,000) feet from a school, park, community or recreation facility, or residential zone shall be measured in a straight line from the nearest entrance of a limited video lottery establishment to the nearest property line of a school, park community or recreation facility, or residential district. The one thousand (1,000) feet from a church or place of worship shall be measured in a straight line from the nearest entrance of a limited video lottery establishment to the nearest point of a wall of a building in which church worship services or related activities are conducted. The one thousand (1,000) feet from another limited video lottery establishment shall be measured in a straight line from the nearest entrance of a limited video lottery establishment to the nearest point of a wall of another limited video lottery establishment.

(e) Fraternal organizations with a valid club license are limited to operating a maximum of ten (10) LVL machines. Licensed clubs or taverns are limited to operating a maximum of five (5) LVL machines. (Passed 8-28-18.)

1304.13 TELECOMMUNICATION FACILITIES.

(a) All wireless telecommunications facilities and freestanding telecommunications towers shall comply with any and all Federal Aviation Administration, Federal Communication Commission, and any other applicable federal and state regulations.

(b) Telecommunication Towers shall not be artificially lighted except as required by the Federal Aviation Administration (FAA).

(c) Telecommunication Towers not requiring FAA painting or marking shall have an exterior finish that enhances compatibility with adjacent land uses as approved by the Town.

(d) The Town may require landscaping on properties with telecommunication facilities and towers in excess of other requirements in this code in order to enhance compatibility with adjacent land uses. Landscaping shall be installed on the outside of any fencing required in this code, yet still within the property boundary where the telecommunication facility or tower is located.

(e) Nothing in this section is construed to regulate satellite signal receiving stations, known as home satellite dishes, whether such dish is used for television reception or other purposes.

(f) Any owner of property used as the location for telecommunication facilities shall maintain such site and all structures in good condition and free from trash, outdoor storage, weeds, and other debris.

(g) If applicable, a copy of the applicant's Federal Communications Commission (FCC) license, or, if the applicant is not an FCC license holder, a copy of at least one letter of commitment from an FCC license holder to locate at least one antenna on the applicant's tower shall be submitted with the permit application, including a pictorial representation, such as a silhouette drawing or photograph, of the proposed telecommunications facility.

(h) Unless co-locating as a Class II facility, certification, supported by evidence, that co-locations of the proposed telecommunications facility with an existing approved tower or facility cannot be accommodated is required. Reasons for not co-locating on a site would include, but not be limited to, the following:

(1) No existing towers or facilities are located within a two thousand (2,000) foot radius;

(2) Existing towers or facilities are not of sufficient height to meet the applicant's engineering requirements;

(3) Existing towers or facilities do not have sufficient structural strength to support applicant's proposed antenna and related equipment;

(4) Applicant's planned equipment would cause radio frequency interference with other existing or planned equipment of the tower, or facility would cause interference with the applicant's planned equipment which cannot be reasonably prevented;

(5) Unwillingness of the owner of the existing tower or facility to entertain a co-location proposal; or

(6) Existing towers or facilities do not provide an acceptable location for requisite coverage for the applicant's communications network.

(i) Class I telecommunications facilities shall include but are not limited to such facilities as television antennas, ham radio antennas, am/fm reception. Any Class I facility cannot be utilized for cell phone reception.

(j) Class II telecommunications facilities shall include but are not limited to such facilities as antennas and associated electronic equipment designed expressly for use by cell phone companies, as regulated under the Federal Telecommunication Act of 1996 that is not intended to be supported by or attached to a new telecommunications tower, as defined.

(k) Class III telecommunications facilities shall include but are not limited to such facilities as antennas and associated electronic equipment that is supported by or attached to a new telecommunications tower, as defined herein, and is designed expressly for use by cell phone companies, as regulated under the Federal Telecommunications Act of 1996.

(l) Nothing in this section is construed to regulate home satellite dishes, whether such dish is used for television reception or other purposes.

(m) Class I Facilities.

(1) Permitted in all zoning districts;

(2) Maximum height of sixty (60) feet above grade;

(3) Standard Building Permit required; and

(4) A structural engineer shall certify that the design of such structure is such that in the event of structural failure, no part of the structure will encroach upon any adjoining property or public right-of-way.

(n) Class II Facilities.

(1) Permitted in the General Commercial and Light and Heavy Industrial Zoning Districts.

(2) Antenna or associated electronic equipment shall be designed for co-location on an existing, permitted telecommunications tower, or attachment to an existing building, water tank or other existing structure. Unless specifically being attached to an existing, permitted telecommunications tower, these facilities must be designed utilizing the latest stealth technologies as defined in this code. They may be attached to an existing, permitted telecommunications tower as a co-location under the requirements of this code.

(3) All Class II facilities, not to be co-located on an existing telecommunication tower, are required to be screened by natural vegetation or otherwise camouflaged by stealth technology to conform with existing site color, architecture, and landscaping characteristics so as to minimize visual impact, provided the efficacy of the telecommunication facility is not compromised.

(4) A zoning permit is required that shows the siting, placement, screening, co-location or stealth design, camouflage, height, and setback of the Class II facility.

(5) Class II telecommunications facilities which are not co-located on an existing telecommunications tower may be permitted on existing structures if such facilities meet all other requirements of this code. The owner of such structure shall, by written certification to the Zoning Officer, establish the following when plans are submitted for a zoning permit:

A. Sign an affidavit acknowledging that they understand that the structure will be used to support telecommunication facilities and any ancillary equipment.

B. The height from grade of the telecommunications facilities shall not exceed the height from grade of the support structure by more than twenty (20) feet.

(6) Any telecommunications facilities and their appurtenances, located above the primary roof of a support structure, are set back one (1) foot from the edge of the primary roof for each one (1) foot in height above the primary roof of the telecommunications facilities. This setback requirement shall not apply to telecommunications facilities and their appurtenances located above the primary roof of a structure if such facilities are appropriately screened from view through the use of panels, walls, fences, or other screening techniques consistent with the code. Setback requirements shall not apply to stealth antennas mounted to the exterior of structures below the primary roof but which do not protrude more than eighteen (18) inches from the side of such a structure.

(o) Class III Facilities.

(1) Permitted as a conditional use in the General Commercial district.

(2) Class III is reserved for applicants seeking to erect a new tower structure, with associated antennas and electronic equipment.

(3) Towers shall be designed in such a manner as to permit future co-location of other carrier's antennas, rather than construction of additional single-use towers.

(4) Minimize adverse visual impact of towers and telecommunications facilities through careful design, siting, landscaping and innovative camouflaging techniques.

(5) Security fencing, no less than six (6) feet in height shall be provided around the equipment shed. A clear zone shall be established at a distance of 1.5 times the tower height around the base within which there are no existing buildings.

(6) Avoid potential damage to property caused by towers and telecommunications facilities by ensuring that such structures are soundly and carefully designed, constructed, modified, maintained, and removed when no longer used or determined to be structurally unsound.

(7) Towers are exempt from the maximum height restrictions of the zoning districts where located. Towers shall be permitted to a height of one hundred (100) feet, unless the applicant can show good cause to construct a tower exceeding one hundred (100) feet. Under no circumstance shall a tower be greater than two hundred (200) feet above grade.

(8) A Class III telecommunications facility application is required, in which the applicant must show that the new tower is built to minimize visual impact of the tower through careful design, siting, landscaping, and innovative camouflaging and stealth techniques.

(9) Towers shall be setback from all residential property lines a minimum of one hundred (100) feet or one hundred (100) percent of the height of the proposed Tower, whichever is greater.

(10) Avoid potential damage to property caused by towers and telecommunications facilities by ensuring that such structures are soundly and carefully designed, constructed, modified, maintained, and removed when no longer used or when determined to be structurally unsound.

(11) Application to develop a Class III telecommunications facility. An application to develop a Class III telecommunications facility shall include:

A. The name, address, and telephone number of the owner and lessee of the parcel of land upon which the tower is situated. If the applicant is not the owner of the parcel of land upon which the tower is situated, the written consent of the owner shall be evidenced in the application.

B. The legal description, book, and page number from the record of such land kept in the Office of the Clerk of Monongalia County, and address of the parcel of land upon which the tower is situated.

C. The names, addresses, and telephone numbers of all owners of other towers or usable antenna support structures within a one-half mile radius of the proposed new tower site, including Town-owned property. The applicant must notify such property owners by certified mail in writing and supply the Town with copies of such notices.

D. The names, addresses, and telephone numbers of adjacent property owners and those property owners within two hundred (200) linear feet of the property line of the proposed new tower site, including Town-owned property. The applicant must notify such property owners, by certified mail in writing and supply the Town with copies of such notices. Tower separation distances from residentially zoned lands shall be measured from the base of a tower to the closest point of residentially zoned property.

E. A description of the design plan proposed by the applicant in the Town. Applicant must identify its utilization of the most recent technological design, including microcell or small cell design, as part of the design plan. The applicant must demonstrate the need for towers and why design alternatives, such as the use of microcell or small cell, cannot be utilized to accomplish the provision of the applicant's telecommunications services.

F. An affidavit attesting to the fact that the applicant made diligent, but unsuccessful, efforts to obtain permission to install or co-locate the applicant's telecommunications facilities on another usable tower located within a one-half mile radius of the proposed Tower site.

G. An affidavit attesting to the fact that the applicant made diligent, but unsuccessful, efforts to install the applicant's telecommunications facilities on a support structure, as a Class II telecommunication facility, owned by other persons located within a one half mile radius of the proposed tower site.

H. Written technical evidence from a West Virginia licensed engineer that the proposed tower or telecommunications facilities cannot be installed or co-located on another person's tower or usable antenna support structure (as a Class II telecommunication facility) owned by other persons located within one-half mile radius of the proposed tower site.

I. A written statement from the telecommunications provider that the construction and placement of the tower will not interfere with public safety communications and the usual and customary transmission or reception of radio, television, or other communications services enjoyed by adjacent residential and non-residential properties.

J. Written, technical evidence from a licensed engineer(s) acceptable to the Fire Marshal and the building official that the proposed site of the tower or telecommunications facilities does not pose a risk of explosion, fire, or other danger to life or property due to its proximity to volatile, flammable, explosive, or hazardous materials such as LP gas, propane, gasoline, natural gas, or corrosive or other dangerous chemicals.

K. In order to assist the Town in evaluating visual impact, the applicant shall submit color photo simulations showing the proposed site of the Tower with a photo-realistic representation of the proposed tower as it would appear viewed from the closest residential property and from adjacent roadways.

L. The Zoning Officer may require an applicant to supplement any information that the Zoning Officer considers inadequate or that the applicant has failed to supply. The Town or any of its duly authorized designees may deny an application on the basis that the applicant has not satisfactorily supplied the information required in this subsection. The Town shall review applications in a prompt manner and set forth the reasons for approval or denial.

M. A fee for management of the application in the amount of two hundred dollars ($200.00) must be included with the application. Such fee includes administrative costs for processing this application including but not limited to expenses incurred for inspections, document review, and mapping. This fee is non-refundable.

(12) In January of each year, the owner or operator of a communications tower shall submit written verification to the Town of Granville that there have been no changes in the operating characteristics of the communications tower as approved at the time of approval, including, at a minimum:

A. Copy of the current Federal Communications license, if applicable;

B. Name, address, and emergency telephone number for the operator of the communications tower;

C. Copy of Certificate of Insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence covering the communications tower and communications antennas;

D. At any time during the calendar year, if an amendment to the Federal Communications Commission license is issued, a copy of the amended license shall be submitted to the Municipality.

(13) Bond for Removal Costs.

A. At the time of issuance of the permit for construction of the wireless communications facility, a bond or escrow account shall be posted with the Town in an amount certified by the applicant's engineer and confirmed by the Town engineer to be sufficient to cover the costs of removing such wireless communications facility and disposing of all of its components, together with a financial security agreement authorizing the Town to use the funds to remove the facility if the facility is abandoned, and further authorizing the Town to place a lien on the premises in the event the escrow or bond is insufficient to cover the costs of removal and disposal.

B. The financial security agreement shall be executed by both the applicant and the landowner.

C. At the time of filing of the Annual Report required in subsection (12), above, any new owner of the land or of the facility, as well as an organization utilizing the facility, shall reaffirm the validity of the financial security agreement and/or execute a new financial security agreement as may be required by the Town Solicitor.

D. If the Town Zoning Officer shall find that an abandoned wireless communications facility has not been removed within ninety (90) days of the cessation of use, said officer shall give written notice to the owner of the building or premises on which such facility is located.

E. Removal of the facility shall be concluded within fifteen (15) days after receipt of the notice. If such facility is not removed after the conclusion of such fifteen (15) day period, the Zoning Officer is hereby authorized to cause the antenna to be removed at the expense of the owner of the building or premises on which such antenna is located.

F. If the escrow or bond is insufficient to cover the entire cost of removal and disposal, the Town may place a lien upon the premises that may be collected in accordance with the rules for collection of municipal liens. (Passed 8-28-18.)

1304.14 WIND ENERGY SYSTEM, SMALL.

(a) Purpose. The purpose of this section is to regulate the placement, construction, and modification of small wind energy systems while promoting the safe, effective, and efficient use of such systems.

(b) Applicability. The requirements set forth in this section shall govern the siting of wind energy systems used to generate electricity or perform work that may be connected to the utility grid pursuant to West Virginia's net metering laws, serve as an independent source of energy, or serve in a hybrid system.

(c) Siting Requirements. The requirements for siting and construction of all small wind energy systems regulated by this section shall include the following:

(1) Small wind energy towers shall maintain a galvanized steel finish, unless FAA standards require otherwise, or if the owner is attempting to conform the tower to the surrounding environment and architecture, in which case it may be painted to reduce visual obtrusiveness. A wind energy tower may be erected, maintained, or operated on or as an attachment to a building on a lot. A photo simulation may be required by the Town.

(2) Wind energy systems shall not be artificially lighted unless required by the Federal Aviation Administration (FAA) or appropriate authority.

(3) No tower shall have any sign, writing, or image, except signs permitted by this code.

(4) The applicant shall provide evidence that the proposed height of the wind energy system tower does not exceed the height recommended by the manufacturer or distributor of the system. The tower height shall not exceed a maximum height of seventy (70) feet on a parcel. When situated on or attached to a building the total height shall not exceed seventy (70) feet. The building itself shall otherwise conform to the applicable height requirement under this ordinance.

(5) The applicant shall provide evidence that the provider of electric utility service to the site has been informed of the applicant's intent to install an interconnected, customer-owned electricity generator, unless the applicant intends, and so states on the application, that the system will not be connected to the electricity grid. Notification will take place by having the electric utility provider sign the conditional use permit application, but such signature does not construe approval for net metering by the electric utility.

(6) Wind energy systems shall adhere to noise limits as delineated in Article 527 of the Town of Granville ordinances. These levels, however, may be exceeded during short-term events such as utility outages or severe windstorms.

(7) The applicant will provide information demonstrating that the system will be used primarily to reduce on-site consumption of electricity.

(8) The minimum distance between the ground and any protruding blade utilized on a small wind energy system shall be fifteen (15) feet, as measured at the lowest point of the arc of the blades. The lowest point of the arc of the blades shall also be ten feet above the height of any structure within seventy-five (75) feet of the base. The supporting tower shall also be enclosed with a six-foot tall fence or the base of the tower shall not be climbable for a distance of ten (10) feet.

(9) The applicant will provide proof of adequate liability insurance for a small wind energy system. Whether or not the applicant is participating in the net metering program, the applicant will be required to meet the insurance coverage requirements as set forth in W. Va. Code R. 150-33-4 (2011).

(10) The small wind energy system generators and alternators should be constructed so as to prevent the emission of radio and television signals and shall comply with the provisions of Section 47 of the Federal Code of Regulations, Part 15 and subsequent revisions governing said emissions.

(d) Federal and State Requirements.

(1) Compliance with the Building Code. Building permit applications for wind energy systems shall be accompanied by standard drawings of the wind turbine structure, including tower, base, and footings. An engineering analysis of the tower showing compliance with the Building Code and certified by a licensed professional engineer shall also be submitted.

(2) Compliance with FAA Regulations. Wind energy systems must comply with applicable FAA regulations.

(3) Compliance with National Electric Code. Building permit applications for wind energy systems 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.

(4) Compliance with regulations governing energy net metering. Wind energy systems connected to the utility grid must comply with West Virginia Code Section 24-2F-8 and West Virginia Administrative Code Title 150, Series 33.

(e) Setbacks. The wind energy system shall be setback a distance at least equal to one hundred and ten (110) percent of the height of the tower plus the blade length from all adjacent property lines and a distance equal at least to one hundred fifty (150) percent of the tower height plus blade length from any dwelling inhabited by humans on neighboring property. Additionally no portion of the wind energy system, including guy wire anchors, may be extended closer than ten (10) feet to the property line.

(f) Removal of Defective or Abandoned Wind Energy Systems. Any wind energy system found to be unsafe by the Zoning Officer shall be repaired by the owner to meet federal, state, and local safety standards or removed within six (6) months. Any wind energy system that is not operated for a continuous period of twelve (12) months shall be considered abandoned and the owner of the system shall remove the turbine within ninety (90) days of receipt of notice from the Town instructing the owner to remove the abandoned wind energy system.