The wind energy conversion system regulations are intended to impose conditions and requirements with respect to the location and construction of wind energy conversion systems within the City in order to promote the general welfare and safety of residents of the City.

Wind energy conversion systems, hereinafter referred to as "WECS", may be approved by the Planning Commission as a conditional use in all zoning districts, except the P-C Zone (for P-C Zone requirements see section 17.108.025 of this chapter), if all of the following conditions are met:

1. A site plan shall be submitted to the Planning Department. Such site plan shall be drawn to a scale of not less than one inch equals thirty feet (1" = 30') and shall show all property lines, structures on the applicant's property and adjacent properties, overhead utilities and easements and rights-of-way on or adjacent to the applicant's property, and any other information deemed necessary by the Planning Director.
2. A building permit shall be required for all WECS. The building permit application shall include plans that have been reviewed and stamped by a State of Utah certified engineer and meet all relevant International Building Code requirements.
3. Height of a WECS shall not exceed ninety feet (90'). Height shall be measured from the highest point of the WECS to the top of adjacent finished grade.
4. A WECS shall not be closer to any property line than its total height plus five feet (5'). The Planning Commission may permit a WECS to be placed at a distance less than that mentioned above upon receiving an agreement signed by all property owners within a distance equal to the height plus five feet (5'). Such agreement shall be in a form approved by the City Attorney. At no time shall a WECS be permitted closer than its height plus five feet (5') from any dedicated public right-of-way.
5. A WECS may be roof mounted on any structure if meeting all safety and building requirements. In commercial applications, such as on rooftops of office or retail buildings, a WECS may not exceed thirty five feet (35') in height as measured from the base to the peak of the apparatus. In residential applications a WECS may not exceed five feet (5') in height, as measured from the highest point of WECS to the top of ridgeline of roof or parapet or top of any architectural element mounted on roof.
6. The applicant shall submit proof of continuing liability insurance covering any WECS that may be located on the applicant's property.
7. The WECS shall not cause any interference to any existing or future microwave transmitters and/or receivers.
8. The WECS shall not cause a sound that could be considered a nuisance. No wind turbine or combination of wind machines on a single parcel shall create noise that exceeds a maximum of forty five (45) decibels (dBA) at any property line. Measurements of sound levels shall not be adjusted for, or averaged with, nonoperating periods. Any wind turbine(s) exceeding these levels shall immediately cease operation upon notification by City and may not resume operation until the noise levels have been reduced and verified by an independent third party inspector, approved by City, at the property owner's expense. Upon review and acceptance of the third party noise level report, City will allow operation of the affected wind turbine(s). Wind energy conversion system(s) unable to comply with these noise level restrictions shall be shut down immediately and removed upon notification by City, after a period established by the Planning Department.
9. A WECS shall not be placed on any easement, right-of-way or common area.
10. All property owners within three hundred feet (300') of the applicant's property lines shall be notified by mail of the date and location of the Planning Commission meeting that will consider a WECS application. Such notification shall be made not less than fifteen (15) days prior to any such meeting and shall be at the expense of the applicant.
11. For applications in recorded subdivisions, written approval by the Subdivision Architectural Committee, or other authorized persons either living in or being involved in the development of the subdivision, shall be furnished by the applicant.
12. The applicant shall furnish elevation drawings and/or photographs of the proposed WECS.
13. The applicant shall furnish any additional information required by the Planning Commission or the Planning Director.
14. A minimum one-half (1/2) acre lot is required for the installation of a WECS.
15. A minimum required ground clearance between the bottom on the blade(s) and the finished grade is to be a minimum of twelve feet (12') if the blades present a risk of injury to the general public.

Wind energy conversion systems, hereinafter referred to as "WECS", are a permitted use in the P-C Zone when all of the following conditions are met:

1. A founder or association approved and stamped site plan and approval letter shall be submitted to the Planning Department. Such site plan shall be drawn to a scale of not less than one inch equals thirty feet (1" = 30') and shall show all property lines, structures on the applicant's property and adjacent properties, overhead utilities and easements and rights-of-way on or adjacent to the applicant's property, and any other information deemed necessary by the Planning Director.
2. A building permit shall be required for all WECS. The building permit application shall include plans that have been reviewed and stamped by a State of Utah certified engineer and meet all relevant International Building Code requirements.
3. The applicant shall furnish elevation drawings and/or photographs of the proposed WECS.
4. The applicant shall furnish any additional information required by the City.
5. Height of a WECS in the P-C Zone shall not exceed:
   
   Ninety feet (90') in designated open space unless mounted to existing power pole structures or forty feet (40') if roof mounted. Height shall be measured from the highest point of the WECS to the top of adjacent finished grade or ridgeline of roof, parapet or roofline architectural element of roof to which it is mounted.
   
   Forty feet (40') in designated neighborhoods if ground mounted or five feet (5') if roof mounted. Height shall be measured from the highest point of the WECS to the top of adjacent finished grade. If roof mounted, height shall be measured from the highest point of WECS to the top of ridgeline of roof, parapet or top of any architectural element mounted on roof.
   
   Forty feet (40') in designated village and town centers if apparatus is structure/building mounted. Height shall be measured from the highest point of the WECS to the top of rooflines, parapets or architectural elements of the structure to which the apparatus is mounted.
   
   Fifty five feet (55') in designated village and town centers if apparatus is ground mounted. Height shall be measured from the highest point of the WECS to the top of adjacent finished grade.
6. A WECS shall not be closer than:
   
   Fifty five feet (55') to the property line if ground mounted in designated open space or five feet (5') if roof mounted.
   
   Fifteen feet (15') to the property line if ground mounted in designated neighborhoods or five feet (5') to the property line if roof mounted.
   
   However, at no time shall a WECS be located in a front yard area.
   
   Five feet (5') to the property line if roof mounted in designated village and town centers unless the WECS is integrated into the structure of the architecture.
   
   Fifteen feet (15') to the property line if ground mounted in designated village and town centers.
7. The applicant shall submit proof of continuing liability insurance covering any WECS that may be located on the applicant's property including potential human and property damage to adjacent properties.
8. The WECS shall not cause any interference to any existing or future microwave transmitters and/or receivers.
9. The WECS shall not cause a sound that could be considered a nuisance. No wind turbine or combination of wind turbines on a single parcel shall create noise that exceeds a maximum of forty five (45) decibels (dBA) at the property line of the nearest designated neighborhood area parcel. A wind turbine or combination of wind turbines may create noise of up to sixty (60) dBA when measured at the property line if the said property line belongs to a parcel designated for use other than a neighborhood area. Measurements of sound levels shall not be adjusted for, or averaged with, nonoperating periods. Any wind turbine(s) exceeding these levels shall immediately cease operation upon notification by City and may not resume operation until the noise levels have been reduced and verified by an independent third party inspector, approved by City, at the property owner's expense. Upon review and acceptance of the third party noise level report, City will allow operation of the affected wind turbine(s). Wind energy conversion system(s) unable to comply with these noise level restrictions shall be shut down immediately and removed upon notification by City, after a period established by the Planning Department.
10. A WECS shall not be placed on any public easement or right-of-way, or in common areas within designated neighborhoods.
11. A WECS may be approved by the Planning Commission as a conditional use within the P-C Zone to accommodate setbacks less than, heights more than and/or mounting configurations different than those noted above, and/or to accommodate noise levels greater than sixty (60) decibels (dBA). A founder or association approved and stamped site plan and approval letter supporting the proposed conditional use shall be submitted to the Planning Department. Notice requirements for CUP applications will follow City ordinance.
12. A minimum required ground clearance between the bottom on the blade(s) and the finished grade is to be a minimum of twelve feet (12') if the blades present a risk of injury to the general public.

It is unlawful for any person, whether acting as owner, occupant or otherwise, to erect, construct, reconstruct, enlarge, locate or install any WECS within the City, contrary to any provision of this chapter, without first complying with the approval requirements specified herein, and obtaining a required permit from the Planning Department.

A WECS application including two (2) or more WECS may be required to follow procedures and requirements of title 16, chapter 16.24, "Site Plan Review", of this Code, in commercial and certain residential applications regardless of the zone as deemed necessary by the Planning Director.

Access to any WECS shall be limited to either a nonaccessible wall or fence not less than six feet (6') in height, or the climbing apparatus shall not be less than twelve feet (12') above the base of the structure.

Any connection to a public utility shall be made under the supervision and with the approval of the authorized representative of such public utility.