Small wind powered electricity systems are allowed as accessory uses in all zoning districts provided the following standards are met:

   (A)   In residential districts (R-1, R-2, R-3, RMO, and NC), wind powered electricity systems rated up to and including ten (10) kilowatts are allowed. The maximum height shall be eighty feet (80'), as measured from finished grade to the top of the tower system, which includes the generating unit and the highest vertical extent of any blades or rotors.

   (B)   In all other districts (C-1, C-2, C-3, M-1, M-2, P-I, P-L), wind powered electricity systems up to and including one hundred (100) kilowatts are allowed. The maximum height shall be one hundred twenty five feet (125'), as measured from finished grade to the top of the tower system, which includes the generating unit and the highest vertical extent of any blades or rotors.

   (C)   On parcels greater than one acre in size, except within residential districts, wind powered electricity systems up to and including one hundred (100) kilowatts are also allowed as a primary use provided all other applicable provisions of this chapter are met. (Ord. 1727, 12-7-2009)

Minimum setback from any property line for wind powered electricity systems eighty feet (80') or less in height shall be one hundred ten percent (110%) of the tower height (i.e., 110% x tower height = minimum setback). Minimum setback from any property line for wind powered electricity systems more than eighty feet (80') in height shall be two hundred percent (200%) of the tower height (i.e., 200% x tower height = minimum setback). (Ord. 1727, 12-7-2009)

All wind powered electricity system installations are subject to applicable building, electrical, and mechanical permits issued by the city and shall be located in compliance with any applicable federal aviation administration regulations and guidelines and Lewistown Airport height regulations. Turbines must have been approved under a small wind certification program recognized by the American Wind Energy Association. (Ord. 1727, 12-7-2009)

Building permit applications for wind powered electricity systems shall be accompanied by standard drawings of the wind turbine structure and a stamped engineered drawing of the tower, base, footings, and/or foundation as provided by the manufacturer. A project specific engineered soil study shall be required for wind powered systems in excess of twenty (20) kilowatts. (Ord. 1727, 12-7-2009)

Sound produced by a wind powered electricity system under normal operating conditions, as measured at the property line, shall not exceed the definition of nuisance noise. Sound levels however, may be exceeded during short term events beyond the control of anyone such as utility outages and/or severe windstorms. It is incumbent upon the property owner to demonstrate compliance prior to the issuance of any permits by the city. (Ord. 1727, 12-7-2009)

No wind powered electricity system shall be installed until the city has been provided evidence 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. (Ord. 1727, 12-7-2009)

All tower installations other than single pole towers shall be enclosed by a fence or shall incorporate other effective measures sufficient to discourage unauthorized climbing of the tower. (Ord. 1727, 12-7-2009)

Except when a special permit is issued by the zoning commission, tower colors should have a matted or nonreflective finish and be of neutral subdued tones such as earth tones of green or brown. Gray, including naturally darkening galvanized gray, is also acceptable. Towers shall not be finished in bright or vivid colors intended to draw attention to the structure or property. (Ord. 1727, 12-7-2009)

The system tower shall not be used for signs or advertising of any kind. One sign, limited to four (4) square feet, shall be posted at the base of the tower. The sign shall include a notice of no trespassing, a warning of high voltage, and the telephone number of the property owner/operator to call in case of emergency. (Ord. 1727, 12-7-2009)

No lights shall be installed on the system, unless required to meet federal aviation administration regulations. (Ord. 1727, 12-7-2009)

All tower climbing apparatus shall be located at least twelve feet (12') above the ground and the system tower must be designed to prevent climbing within the first twelve feet (12') above the ground. (Ord. 1727, 12-7-2009)

Tower systems that remain nonfunctional or inoperative for a continuous period of one year shall be deemed to be abandoned, shall constitute a public nuisance and shall be removed by the owner/operator. (Ord. 1727, 12-7-2009)

Large wind powered electricity systems shall not be allowed, erected, operated or maintained within the city. (Ord. 1727, 12-7-2009)