Rawlins City Zoning Code

The intent of this chapter is to provide a uniform set of standards, conditions, and procedures which will preserve the public health and safety for the placement of Small Wind Energy Conversion Systems, and temporary meteorological towers needed on property located within the City of Rawlins.

The requirements set forth in this Ordinance shall govern the siting of small wind energy systems used to generate electricity or perform work which may be connected to the utility grid pursuant to the Wyoming net metering laws, serve as an independent source of energy, or serve in a hybrid system.

The requirements of this Ordinance shall apply to all Small Wind Energy Systems that become operable after the effective date of this Ordinance. Small Wind Energy Systems for which a required permit has been properly issued prior to the effective date of this Ordinance shall not be required to meet the requirements of this Ordinance; provided, however, that any such pre-existing Small Wind Energy System that is not producing energy for a continuous period of twelve (12) months shall meet the requirements of this ordinance prior to recommencing production of energy. No modification that increases the height of the system or significantly increases its output shall be allowed without full compliance with this Ordinance.

"A-Weighted Sound Level (dba)" — A measurement of sound pressure level, which has been filtered or weighted to progressively de-emphasize the importance of frequency components below 1000 Hz and above 5000 Hz. This reflects the fact that human hearing is less sensitive at low frequencies and at extremely high frequencies, relative to the mid-range of the frequency spectrum. This area of sensitivity also corresponds to the human speech band.

"Decibel (db)" — The measurement of a sound pressure relative to the logarithmic conversion of the sound pressure reference level often set as 0 db (A-weighted). In general, this means the quietest sound we can hear is near 0db (A-weighted) and loudest we can hear without pain is near 120 db (A-weighted).

"FAA" — The Federal Aviation Administration of the United States Department of Transportation.

"Guy Cable" — Any cable or wire that extends from a small wind energy system for the purpose of supporting the system structure.

"Large Wind Energy Conversion System" - means a wind energy conversion system consisting of a tower, a turbine and associated control or conversion electronics that generates power (25kw or larger) for an industrial area or is intended to provide supplemental power for a utility grid.

"Meteorological Tower" — means a facility consisting of a tower and related wind-measuring devices, which is used solely to measure winds preliminary to construction of a Small Wind Energy Conversion System. Meteorological Towers shall not be allowed for time periods in excess of six months, and shall be removed prior to the installation of the wind energy conversion system for which they are measuring. A request to install a meteorological tower shall be included in the application to install a Small Energy Conversion System.

"Micro Wind System" — A building mounted wind system (either a Vertical or Horizontal Axis Turbine) that has a Rated Nameplate Capacity of 10 KW or less, and projects no more than 15' above the highest point of the roof. Such building-mounted wind systems shall be regulated by applicable building and electrical codes, and shall not be considered a Small Wind Energy Conversion System. A Micro Wind System Shall not be considered in determining total building height for zoning or setback purposes.

"Rated Nameplate Capacity" — The maximum rated output of electric power production equipment. This output is typically specified by the manufacturer with a "nameplate" on the equipment.

"Small Wind Energy Conversion System" — means a wind energy conversion system consisting of a tower, a turbine and associated control or conversion electronics that generates power for an individual property for the purpose of reducing on-site energy consumption with a rated nameplate capacity of 25kW or less per tower. This includes, but is not limited to, storage, electrical collection and supply equipment, and transformers. Excess electrical power generated, and not presently needed for onsite use, may be utilized by utility company.

"Tower Height" — means the total height when referring to a Wind Turbine, is the distance measured from ground level to the blade extended at its highest point.

"Turbine" — the parts of a wind system including the blades, generator and tail. The definition of a turbine includes both Horizontal Axis Wind Turbines (HAWT) and Vertical Axis Wind Turbines (VAWT).

Micro Wind Systems and Small Wind Energy Conversion Systems shall be permitted, as an accessory use, in all zoning classifications, subject to all requirements as provided herein.

Large Wind Energy Conversion Systems shall be required to go through a special use permit process, and will be treated as stand-alone structures and will be regulated by zoning requirements and industry standards.

Minimum Lot Size — There is no minimum lot size requirement for Micro Wind Systems (10kw or less). Lot size for Small Wind Energy Conversion Systems (10kW-25kW maximum) shall be .5 of an acre.

Maximum Tower Height — The maximum tower height for Small Wind Energy Conversion Systems shall be eighty feet (80'). On properties larger than five acres there is no limitation on the tower height, except as imposed by FAA regulations.

Minimum Setbacks — minimum setback requirements for a tower shall be equal to the height of the tower. No part of the Small Wind Energy Conversion System structure, including, but not limited to, guy wire anchors, may extend closer than ten feet (10') to the property line, unless appropriate easements are secured from adjacent property owners, or other acceptable mitigation is approved by the Board of Adjustments.

Sound — Micro Wind Systems and Small Wind Energy Conversion Systems shall not exceed 60 dba, measured five feet (5') above ground level at the closest property line. The sound level, however, may be exceeded during short-term events such as utility outages and/or severe windstorms.

Turbine Clearance — No portion of any turbine shall extend within twenty feet (20') of the ground. No portion of any turbine may extend over public parking areas, public driveways, public sidewalks, utility easements or interfere with overhead power or communication lines.

Automatic Over Speed Controls — All Small wind Energy Conversion Systems shall be equipped with manual (electronics or mechanical) and automatic over-speed controls to limit the blade rotation speed to within the design limits of the Small Wind Energy Conversion System.

Utility Notification — No Micro Wind System or Small Wind Energy Conversion System shall be installed until evidence has been given that the electrical utility company has been informed of, and approved the customer's intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.

Tower color — Tower colors shall be white, off-white, gray, or neutral subdued tones, such as earth tones of green or brown. Towers shall not be finished in bright or vivid colors, nor shall the tower be used for advertising of any kind.

Multiple towers — Multiple Small Wind Energy Conversion Systems are allowed on any site provided all minimum standards are met.

Lighting — Micro Wind Systems and Small Wind Energy Conversion Systems shall not be artificially lighted, except as required by the FAA.

Climb prevention — Small Wind Energy Conversion Systems shall not be climbable up to fifteen feet (15') above the ground surface.

Micro Wind System — A building mounted wind system (either a Vertical or Horizontal Axis Turbine) that has a Rated Nameplate Capacity of 10 KW or less, and projects no more than 15' above the highest point of the roof. Such building-mounted wind systems shall be regulated by applicable building and electrical codes, and shall not be considered a Small Wind Energy Conversion System. A Micro Wind System Shall not be considered in determining total building height for zoning or setback purposes. Only one Micro Wind System unit will be permitted per structure.

The applicant shall provide the following materials to the Building Department as part of a building permit application for a Small Wind Energy Conversion System:

A completed application provided by the building department.

Proof of ownership for the property where the proposed tower will be constructed and applicable fees, as established by City Council.

A scaled plot plan of the proposed Small Wind Energy Conversion System, to include property lines, setbacks, physical dimensions of property, and locations of structures and the tower, base footings, generator, blades, guy wires, and all associated equipment.

An engineering analysis of the tower showing compliance with all applicable current building codes, and certified by a State of Wyoming licensed professional engineer.

At the request of the Building Official a soil analysis shall be provided by the builder to determine the ground stability for the erection of wind turbine towers.

Certification that the design is in compliance with the current National Electrical Code and local electrical code. Building permit applications for Small Wind Energy Conversion Systems shall be accompanied by a line drawing of the electrical components in sufficient detail to allow for a determination that the manner of the installation conforms to the National Electrical Code and local electrical codes.

Evidence satisfactory to the Building Official that the proposed system meets the following standards;

1.

That the Small Wind Energy Conversion System is UL listed, and/or meets the Institute of Electrical and Electronic Engineers (IEEE) standards, or other Nationally Recognized Testing Lab (NRTL);

2.

Information demonstrating that the wind turbine is approved under an emerging technology program, such as International Electro technical Commission (IEC) or any other small wind certification program recognized by the American Wind Energy Association (AWEA) or the U.S. Department of Energy. Non-certified wind turbines must submit a description of the safety features of the turbine prepared by a professional mechanical engineer.

3.

That the installation of the wind turbine complies with FAA, FCC, NEC, NESC, PSC and other applicable code requirements.

After the submittal of all required application material, the Building Official shall review the submittal and shall issue a building permit for the Small Wind Energy Conversion System if the application materials meet all requirements of this ordinance, and all applicable building and electrical codes.

A.

Any Small Wind Energy Conversion System that is not operated on a functional basis for a period of six (6) consecutive months shall be deemed abandoned and considered a dangerous condition. The building official may order the repair of, removal of said Small Wind Energy Conversion System, in accordance with the City of Rawlins Dangerous Building Abatement process, the nuisance abatement process, be prosecuted as a misdemeanor and/or pursuant to section B of these provisions. The applicant, owner, or other person responsible for the facility shall repair or remove the same within thirty (30) days of receipt of notification by certified mail. If said facility is not either operational or removed after (30) days from the date of notification, the City may remove the system at the owner's expense; this will be dealt with on a case by case basis as it is the intent of the City to work with individuals to promote alternative energy sources.

B.

The property owner will provide the city right of entry upon receipt of a permit that will be filed with the county clerk and running with the land for the City to enter upon the property and disconnect, dismantle or otherwise remove any Small Wind Energy Conversion System should it become an immediate hazard to the safety of persons or property due to emergency circumstances, as determined by the City Manager or his/her designee, such as natural or man-made disasters or accidents, when the applicant, owner, or other person responsible for the facility is not available to immediately remedy the hazard or refuses to remedy the hazard upon notice. The applicant, owner, or other person responsible for the facility shall reimburse the City for all cost incurred for action taken pursuant to this section. In the event the landowner disagrees with the determination of the City Manager or the amount of reimbursement, the matter will be set for hearing before the Board of Adjustments or its designee for final determination. The Small Wind Energy Conversion System shall remain in a safe condition as determined by the City Manager until final determination by the Board of Adjustments.

(Ord. No. 11-2012)