The purpose of this chapter is:

A.

To permit roof-mounted wind turbines for the production of electrical energy as permitted uses in all use district zones of the city subject to the minimum conditions and restrictions as set forth in this chapter.

B.

To permit pole-mounted, freestanding wind turbines for the production of electrical energy as conditional uses in all use district zones of the city subject to the minimum conditions and restrictions as set forth in this chapter.

(Ord. No. 629, §§ 1, 2, 8-18-2010)

A.

Minimum conditions and restrictions:

1.

The height of any roof-mounted wind turbine device, when combined with the height of the structure on which it is located, shall not exceed the maximum height permitted for buildings or structures within the zone in which the roof-mounted wind turbine is to be located.

2.

Shall not be used for commercial generation of electrical power or be connected to any public utility electrical grid.

3.

Shall comply with the National Electric Code (NEC).

4.

Shall not be placed in locations where the roof-mounted wind turbine's proximity would produce electromagnetic interferences with microwave, radio, television, wireless phone systems, or satellite reception.

5.

Noise level from the roof-mounted wind turbine shall not exceed forty-five dba, measured at the property line.

6.

A building permit shall be required and construction shall comply with all currently adopted building codes.

7.

Shall be nonreflective and have a nonobtrusive color.

8.

Shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator. Any such identification shall not appear on the blades or other moving parts of the wind turbine.

9.

If the director of city services for code enforcement determines that a roof-mounted wind turbine is inoperable for ninety consecutive days, the owner shall be notified that the owner must, within ninety days of receiving the notice, restore the system to operating condition. If the owner fails to restore the system to operating condition within the ninety-day time frame, then the owner shall be required, at his expense, to remove the roof-mounted wind turbine from the property.

10.

Shall have both manual and automatic over speed controls.

11.

Shall be kept in good operating condition and repair.

12.

The owner shall provide to the city annual proof of liability insurance insuring the property on which the wind turbine is located, and the operation of the roof-mounted wind turbine, in an amount not less than three hundred thousand dollars.

13.

The owner of the property shall execute a statement that he is financially responsible for removing the wind turbine should that be necessary, and that any removal and reclamation costs incurred by the city in removing said item shall become a lien on the real property and may be collected from the land owner in the same manner as property taxes.

14.

By making an application for construction of roof-mounted wind turbine upon his property, the applicant gives consent to the city, its officers, agents, and employees, to enter upon the property on which the wind turbine is located at reasonable times for the purpose of inspection of the same and to enforce the terms and conditions of the ordinance codified in this chapter, including, but not limited to, the removal of any decommissioned or inoperable wind turbine. Any expense of removal of the same shall be at the expense of the owner of the property on which the wind turbine is located.

15.

Such other terms and conditions as may be subsequently enacted by the city.

16.

The roof-mounted wind turbine shall be exclusively owned or leased by the owner of the property and premises upon which the wind turbine is located. A wind turbine shall not be located on any lot or parcel of property within the R-1, R-2 or R-3 zones, unless the owner's primary residence is also located thereon to which the wind turbine provides electrical power. A maximum of two roof-mounted wind turbines shall be permitted on any one lot or parcel of property.

(Ord. No. 629, § 3, 8-18-2010)

A.

Minimum conditions and restrictions:

1.

In R-1, R-2 and R-3 zones, the maximum height for wind turbines shall not exceed the height regulations imposed for structures in said zones measured from the ground level adjacent to the tower to the top of the wind turbine blade. In all other zones, the maximum height shall not exceed sixty-five feet, measured from the ground level adjacent to the tower to the top of the wind turbine blade. No dirt or other materials shall be deposited on the ground under or adjacent to the tower in order to increase the level from which the height of the tower will be measured, and the height of the tower shall be measured from the original terrain or ground level.

2.

Shall be erected using a monopole or structural tower without guy wires.

3.

Shall comply with the National Electric Code (NEC).

4.

All electrical distribution lines shall be routed underground.

5.

Shall not be placed in locations where the wind turbine's proximity would produce electromagnetic interferences with microwave, radio, television, wireless phone systems, or satellite reception.

6.

Shall not be installed until evidence has been given that the utility company has been informed of the customer's intent to install an interconnected customer owned turbine, if the system is to be connected to the electrical grid.

7.

Noise level from the wind turbine shall not exceed forty-five dba, measured at the property line.

8.

Each wind turbine shall be set back a minimum distance of 1.5 times the total height of the wind turbine from the nearest above ground public electric power line, telephone line, other utility line, public right-of-way, railroad right-of-way, property line, and from a primary residence located upon the property upon which said wind turbine is to be located.

9.

The tip of a blade of the wind turbine shall at its lowest point have a ground clearance of not less than fifteen feet.

10.

A building permit shall be required and construction shall comply with all currently adopted building codes.

11.

The system shall comply with all Federal Aviation Administration (FAA) standards and shall not interfere or obstruct landings or takeoffs from the Soda Springs Municipal Airport. The tower shall not be artificially lighted unless required by the FAA or other applicable authority.

12.

Shall be nonreflective and have a nonobtrusive color.

13.

Shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator. Any such identification shall not appear on the blades or other moving parts or exceed six square feet in size.

14.

If the wind turbine will be more than twenty-five feet in height, the same shall be constructed on a lot or parcel of property of a minimum of two acres in size. A maximum of two wind turbines per five-acre lot or parcel will be permitted.

15.

Shall not be located in front yards or side yards.

16.

Shall be located upon a concrete foundation if a monopole design, and shall have no guy wires extending from the tower to the ground.

17.

If the director of city services for code enforcement determines that a wind turbine is inoperable for ninety consecutive days, the owner shall be notified that the owner must, within ninety days of receiving the notice, restore the system to operating condition. If the owner fails to restore the system to operating condition within the ninety-day time frame, then the owner shall be required, at his expense, to remove the wind turbine and tower from the property.

18.

No wind turbines for commercial generation of electrical power shall be permitted within the city except in A-1, A-2, M-1 and M-2 zones. The term "commercial generation" is defined as the sale of electrical power to a public utility or other customer from a wind turbine which does not also provide electrical power directly to the owner's residence located on the lot or parcel of property on which the wind turbine is located.

19.

Shall have both manual and automatic over speed controls.

20.

The owner of said wind turbine shall keep the system in good operating condition and repair.

21.

Operating procedures including emergency shutdowns shall be required and shall be posted near the wind turbine.

22.

Shall not be climbable up to fifteen feet above the ground level.

23.

All access doors to the wind turbine tower and electrical equipment shall be lockable and kept locked when unattended.

24.

The owner shall provide to the city annual proof of liability insurance insuring the property on which the wind turbine is located, and the operation of the wind turbine, in an amount not less than one million dollars.

25.

The owner shall post with the city an appropriate continuous renewal bond naming the city as beneficiary, in an amount as determined by the director of city services, for decommissioning a wind turbine should the owner fail to comply with the ordinance requirements herein, or the wind turbine is inoperable for a period of ninety consecutive days.

26.

The wind turbine shall be exclusively owned or leased by the owner of the property and premises upon which the wind turbine is located. A wind turbine shall not be located on any lot or parcel of property within the R-1, R-2 or R-3 zones unless the owner's primary residence is also located thereon to which the wind turbine provides electrical power.

27.

The owner of the property shall execute a statement that he is financially responsible for removing the wind turbine should that be necessary, and that any removal and reclamation costs incurred by the city in removing said item shall become a lien on the real property and may be collected from the land owner in the same manner as property taxes.

28.

At the time of submitting an application for a conditional use permit, the owner of the property shall submit plans, specifications and drawings certified by an engineer licensed to practice in the State of Idaho, a plat map and site plan showing the exact measurements of the property on which he wishes to locate the same, the height of the wind turbine as set forth in this chapter; the location of all buildings, structures, utility lines, neighboring properties; the setbacks from all boundary lines, utility lines, rights-of-way, and structures as required by this chapter; and shall provide manufacture's information and details, specifications, and drawings of the proposed structure, and other information as may be requested by the city.

29.

By making an application for construction of wind turbine upon his property, the applicant gives consent to the city, its officer, agents, and employees, to enter upon the property on which the wind turbine is located at reasonable times for the purpose of inspection of the same and to enforce the terms and conditions of the ordinance codified in this chapter and the conditional use permit which may have been issued, including, but not limited to, the removal of any decommissioned or inoperable wind turbine. Any expense of removal of the same shall be at the expense of the owner of the property on which the wind turbine is located.

30.

Such other terms and conditions as may be subsequently enacted by the city.

(Ord. No. 629, § 3, 8-18-2010)