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Green Bay City Zoning Code

ARTICLE XVII

RENEWABLE ENERGY OR SUSTAINABILITY

Sec. 44-1626. - Standards.

(a)

Multiple freestanding or roof-mounted wind energy systems may be permitted per parcel under a conditional use permit compliant with Article II of this chapter.

(b)

Met towers shall be permitted under the same standards, permit requirements, permit and abandonment procedures as a small wind energy system.

(c)

Height limitations.

(1)

The overall height of any freestanding small wind energy system may be permitted to supersede zoning district height standards but shall not exceed 170 feet in total height.

(2)

Roof-mounted wind energy systems shall be integrated, to the extent possible, into the design of the structure that it is being attached to and shall not exceed the height requirement of the zoning district.

(d)

Setbacks. A wind tower for a small wind system shall be set back a distance equal to its total height from:

(1)

Any public road right-of-way, unless written permission is granted by the governmental entity with jurisdiction over the road;

(2)

Any overhead utility lines, unless written permission is granted by the affected utility;

(3)

All property lines within residentially zoned districts.

(4)

All property lines within or adjacent to commercial or industrial zoned areas, unless written permission granted from the affected property owners.

(e)

Sound/noise level. On-site small wind energy systems shall comply with Chapter 24 of this Code. Sound pressure levels may be exceeded during short-term events such as utility outages and/or severe wind storms. All small wind energy systems shall be equipped with both manual and automatic controls to limit the rotational speed of the blade within the design limits of the rotor.

(f)

Access.

(1)

All ground-mounted electrical and control equipment shall be labeled or secured to prevent unauthorized access.

(2)

The tower shall be designed and installed so as to not provide step bolts or a ladder readily accessible to the public at a minimum height of eight feet above the ground.

(g)

Electrical wires. All electrical wires associated with a small wind energy system, other than wires necessary to connect the wind generator to the tower wiring, the tower wiring to the disconnect junction box, and the grounding wires, shall be located underground.

(h)

Lighting. A wind tower and generator shall not be artificially lighted unless such lighting is required by the Federal Aviation Administration.

(i)

Appearance, color, and finish. The wind generator and tower shall remain painted or finished in the color or finish that was originally applied by the manufacturer, unless approved in the building permit. All portions of the wind energy system shall be a non-reflective, non-obtrusive color. Only monopole towers are permitted. The appearance of the turbine, tower and any other related components shall be maintained throughout the life of the wind energy system pursuant to industry standards.

(j)

Shadow flicker. Small wind energy systems shall be sited in a manner that does not result in significant shadow flicker impacts. The applicant has the burden of proving that the shadow flicker will not have significant adverse impact on neighboring or adjacent uses. Potential shadow flicker will be addressed either through siting or mitigation measures.

(k)

Signs. All signs shall be prohibited, other than the manufacturer's or installer's identification, appropriate warning signs, or owner identification on a wind generator, tower, building, or other structure associated with a small wind energy system visible from any public road shall be prohibited. Systems shall not be used for displaying any advertising.

(l)

The applicant shall notice Eagle III Rescue of any freestanding small wind energy system.

(m)

All small wind energy system towers more than 50 feet tall require a height permit from the Airport Director.

(n)

Before construction, the applicant shall check to determine if the proposal meets the reporting criteria of 14 CFR 77.13; and if required, notify the Federal Aviation Administration (FAA) using their Obstruction Evaluation/airport Airspace Analysis (OE/AAA) website. If the proposal meets FAA reporting criteria, the City of Green Bay will table action on approving the proposal until the FAA airspace study is complete, and the FAA has issued a final letter of determination of no hazard to air navigation.

Editor's note— The Federal Aviation Administration (FAA) Obstruction Evaluation/airport Airspace Analysis (OE/AAA) website is https://oeaaa.faa.gov/oeaaa/external/portal.jsp. The website for the FAA's notice criteria tool is https://oeaaa.faa.gov/oeaaa/external/gisTools/gisAction.jsp?action=showNoNoticeRequiredToolForm.

(o)

Code compliance.

(1)

A small wind energy system including tower shall comply with all applicable state construction and electrical codes, and the National Electrical Code.

(2)

Small wind energy systems that connect to the electric utility shall comply with Wis. Admin. Code Ch. PSC 119, Rules for Interconnecting Distributed Generation Facilities.

(Code 1984, § 13.1610(a); Ord. No. 1-11)

Sec. 44-1627. - Site plan review and building permit requirements.

(a)

All applications for permits shall comply with the requirements of Article XIX of this chapter, Site Plan Review, and a building permit shall be required for the installation of a small wind energy system.

(b)

The site plan application shall include but not limited to the following:

(1)

Property lines and physical dimensions of the property.

(2)

Location, dimensions, and types of existing major structures on the property.

(3)

Location of the proposed wind system tower.

(4)

The right-of-way of any public road that is contiguous with the property.

(5)

Location of any overhead utility lines.

(6)

Wind system specifications, including manufacturer and model, rotor diameter, tower height.

(7)

Tower foundation blueprints or drawings.

(8)

Tower blueprint or drawing.

(9)

Details of any support or structural components.

(10)

An ambient sound sample and the manufacturer's sound report.

(11)

Insurance. A person seeking a building permit to erect a small wind energy system shall provide evidence, in the form of a certificate of insurance satisfactory to the City, showing general liability insurance coverage for the installation and operation of the system under a standard homeowner's or standard business owner's insurance policy, separate and distinct from any insurance requirements of a public utility.

(Code 1984, § 13.1610(b); Ord. No. 1-11)

Sec. 44-1628. - Abandonment.

(a)

A small wind energy system that is out-of-service for a continuous 12-month period will be deemed to have been abandoned. The Zoning Administrator may issue a notice of abandonment to the owner of a small wind energy system that is deemed to have been abandoned. The owner shall have the right to respond to the notice of abandonment within 30 days from Notice receipt date. The Zoning 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 small wind energy system has not been abandoned.

(b)

If the small wind energy system is determined to be abandoned, the owner of a small wind energy system shall remove the facility at the owner's sole expense within three months of receipt of notice of abandonment. If the owner fails to remove the wind generator from the tower, the Administrator may pursue a legal action to have the wind generator removed at the owner's expense.

(Code 1984, § 13.1610(c); Ord. No. 1-11)

Sec. 44-1655. - Height and setback requirements.

(a)

Multiple ground-mounted and/or roof-mounted solar energy systems may be permitted per parcel compliant with the standards of the zoning district they are allowed in.

(b)

Height limitations.

(1)

Building or roof-mounted solar energy systems shall not exceed the maximum allowed height in any zoning district.

(2)

Ground or pole-mounted solar energy systems shall not exceed 16 feet in height when oriented at maximum tilt.

(c)

No solar energy system, at full tilt parallel to the ground, shall encroach into a required setback and shall not cause the property's total area of ground covered to exceed the maximum impervious coverage for the district in which the system is located. Ground-mounted systems impervious coverage shall be calculated by using the total square footage of the panel face.

(d)

Ground-mounted and or pole-mounted solar energy systems shall not be allowed in residential districts between the front of the building and the public right-of-way without a conditional use permit.

(Code 1984, § 13.1611(a); Ord. No. 9-12; Ord. No. 13-14)

Sec. 44-1656. - Ground-mounted solar energy system.

(a)

All electrical wires associated with a solar energy system, other than wires necessary to connect the system, grounding wires, etc. shall be located underground.

(b)

A ground-mounted solar energy system must comply with the accessory structure restrictions contained in the zoning district where the solar energy system is installed.

(c)

All ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access.

(Code 1984, § 13.1611(b); Ord. No. 9-12; Ord. No. 13-14)

Sec. 44-1657. - Roof-mounted solar energy system.

The collector surface and mounting devices for roof-mounted solar systems shall not extend beyond the exterior perimeter of the building roof and shall not exceed the highest point of the roof line on which the system is mounted or built. Exterior piping for solar hot water systems shall be allowed to extend beyond the perimeter of the building roof on a side yard exposure.

(Code 1984, § 13.1611(c); Ord. No. 9-12; Ord. No. 13-14)

Sec. 44-1658. - Code compliance.

(a)

A solar energy system shall comply with all applicable state and local construction, electrical and plumbing codes, where applicable.

(b)

Solar energy systems that connect to the electric utility shall comply with Wis. Admin. Code Ch. PSC 119, Rules for Interconnecting Distributed Generation Facilities.

(c)

The design of the solar energy system shall conform to applicable industry standards.

(d)

No grid-intertie photovoltaic system shall be installed until evidence has been given to the Green Bay Building Inspection Department that the owner has submitted the required PSC6027 or PSC6028 to Wisconsin Public Service. Off-grid systems are exempt from this requirement.

(Code 1984, § 13.1611(d); Ord. No. 9-12; Ord. No. 13-14)

Sec. 44-1659. - Site plan review and building plan and permit requirements.

(a)

All applications for permits shall comply with the requirements of Article XIX of this chapter, Site Plan Review, building plans and a building permit shall be required for the installation of a solar energy system.

(b)

The site plan application shall include but not be limited to the following:

(1)

Property lines and physical dimensions of the property.

(2)

Location, dimensions, and types of existing major structures on the property.

(3)

Location of the proposed solar energy system and any overhead utility lines.

(4)

The right-of-way of any public road that is contiguous with the property.

(5)

Solar energy system mounting plan and details of any support or structural components.

(6)

A written description of solar panel tracking mechanism and a detailed layout of orientation limits.

(Code 1984, § 13.1611(e); Ord. No. 9-12; Ord. No. 13-14)

Sec. 44-1660. - Abandonment.

(a)

A solar energy system that is out-of-service for a continuous 12-month period will be deemed to have been abandoned. The Zoning Administrator may issue a notice of abandonment to the owner of a solar energy system that is deemed to have been abandoned. The owner shall have the right to respond to the notice of abandonment within 30 days from notice receipt date. The Zoning 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 solar energy system has not been abandoned.

(b)

If the solar energy system is determined to be abandoned, the owner of the solar energy system shall remove the facility at the owner's sole expense within three months of receipt of notice of abandonment. If the owner fails to remove the solar energy system, the Administrator may pursue a legal action to have the system removed at the owner's expense.

(Code 1984, § 13.1611(f); Ord. No. 9-12; Ord. No. 13-14)