This chapter establishes development and operating standards for Wind Energy Systems to minimize negative impacts on neighboring properties, implement State and Federal law, and ensure the orderly development of a diversity of land uses within the county.

(Ord. No. 2009, § 1, 9-1-2015)

All terms used in this chapter shall have the following definitions:

(a)

Dual purpose wind energy system means a wind energy system designed to provide both on-premises electricity consumption and excess power generation for sale. The system shall not exceed twice the power needed for on-premises consumption or else shall be deemed a wind power facility.

(b)

Premises means a single, legal parcel of property. Where contiguous legal parcels are under common ownership or control, such contiguous legal parcels shall be counted as a single "premises" for purposes of this chapter.

(c)

Small wind energy system means a wind energy system used only to reduce on-premises consumption of utility power. The purpose of a small energy system is to be an accessory use of the property. Small wind energy systems shall not exceed twenty kilowatts. When a premises on which a small wind energy system is installed also receives electrical power supplied by a utility company, any excess electrical power generated by the small wind energy system, and not then needed for on-premises use, may be used by the utility company in exchange for a reduction in the cost of electrical power supplied by that company to the parcel for on-premises use. No net revenue to the owners shall be produced by such excess electrical power generation.

(d)

Wind energy system means any equipment or facility that converts and then stores or transfers energy from the wind into usable forms of energy, which may consist of but is not limited to a wind turbine, a tower, a mill, and associated controls or conversion electronics.

(e)

Wind power facility means a wind energy system whose primary function is the provision of electricity to the electrical distribution system or transmission grid. Any wind energy system that is not a small wind energy system or a dual purpose wind energy system shall be considered a wind power facility for purposes of this chapter.

(Ord. No. 2009, § 1, 9-1-2015)

Notwithstanding any other provisions of this title, wind energy systems are allowed only on properties that are at least ten acres in size in the following zone districts, subject to the following conditions:

P = Permitted, C = Permitted with approval of a use permit, X = Not allowed

(Ord. No. 2009, § 1, 9-1-2015)

(a)

Towers.

(1)

Small Wind Energy Systems and Dual Purpose Wind Energy Systems: No more than one wind energy tower may be located on any single premises.

(2)

Wind Power Facilities: The planning commission shall specify the permitted number of towers through the use permit process.

(Ord. No. 2009, § 1, 9-1-2015)

The total height of wind energy systems is measured as the vertical distance from the ground level to the tip of a wind generator blade when the tip is at its highest point, and shall not exceed the following maximum height requirements:

(a)

Wind Towers: Small and dual purpose wind energy systems shall not exceed eighty feet unless the planning commission approves additional height through the use permit process.

(b)

Wind Power Facilities: The planning commission shall specify the maximum height through the use permit process.

(Ord. No. 2009, § 1, 9-1-2015)

Small and dual purpose wind energy systems shall be located in the rear yard portion of any lot where permitted, unless otherwise approved by the director of planning or planning commission. Wind power facility locations shall be determined by the planning commission through the use permit process subject to all applicable laws, ordinance, and enforceable restrictions applicable to the property.

(Ord. No. 2009, § 1, 9-1-2015)

(a)

Wind energy systems shall not be permitted within one thousand feet of the following:

(1)

A residence, excepting residences on the same premises and other residences owned by the applicant at the time the application is approved.

(2)

The outer boundaries of any parcel within the R-1, R-2, R-3, R-4, C-1, C-2, C-3 and C-4 zoning districts.

(3)

A property listed on the National Register of Historic Places or the California Register of Historical Resources.

(4)

The following County Designated Scenic Highways pursuant to the Open Space and Conservation Element of the 2009-2029 Tehama County General Plan:

(a)

State Route 89: The Tehama County General Plan has classified State Route 89 as a county scenic highway. This route in eastern Tehama County has been designated as part of the Volcanic Legacy Scenic Byway All American Road. It is also eligible to be, but has not been, classified as a California state scenic highway.

(b)

State Route 172: Route 172, located in eastern Tehama County in the area of Mill Creek, has been designated a county scenic highway in the General Plan Update.

(c)

State Route 36: State Route 36 from Manton Road eastward to the county line has been designated a County scenic highway in the General Plan Update. Additionally, State Route 36 from Bowman Road westward to the county line has been designated a county scenic highway in the General Plan Update.

(d)

State Route 32: Route 32 is located in eastern Tehama County. This highway traverses portions of Lassen National Forest. The Tehama County General Plan Update has classified this highway as a county scenic highway.

(b)

Tower Set Backs.

(1)

All wind energy system towers shall be located outside of the setback for the zone district and at least 1.2 times its height from all property boundaries.

(2)

Wind energy systems shall be placed and oriented to avoid casting a shadow on any off-site structure.

(Ord. No. 2009, § 1, 9-1-2015)

Noise levels resulting from normal operation of wind energy systems shall not exceed noise standards for non-transportation noise set forth in the Noise Element of the 2009-2029 Tehama County General Plan, Table 9-7, as measured at the nearest property line. Applications for permitted or conditionally permitted wind energy systems shall include noise specifications and/or noise studies demonstrating consistency with those standards.

(Ord. No. 2009, § 1, 9-1-2015)

All towers shall be painted a neutral, non-reflective color, except when obstruction marking is required for aviation purposes.

(Ord. No. 2009, § 1, 9-1-2015)

Appropriate warning signs, no larger than four square feet, shall be placed on or near wind energy systems. Wind energy systems and related equipment will not be used to advertise or promote any product or service other than the manufacturer's identification up to a size not to exceed thirty-two square feet.

(Ord. No. 2009, § 1, 9-1-2015)

All wind energy systems that are not in use for a period of six continuous months shall be considered abandoned. Abandoned wind energy systems are hereby designated as unlawful and as public nuisances, requiring no amortization period. Prior to issuance of the building permit for the installation of any wind energy system, the Director of Planning may require the applicant to post a performance security in an amount and form determined by the director that is sufficient to cover the cost of removal of the system in the event that such system is abandoned, or if the permit has been terminated for violation of its conditions by the county after hearing. If the director of planning determines that the system is abandoned, the planning director may initiate appropriate proceedings under this Code to revoke the permit for the system and require the property owner to timely remove all portions of the system from the premises. If such system is not timely removed as provided herein, the county may abate the nuisance in accordance with Chapter 10.16 of this Code.

(Ord. No. 2009, § 1, 9-1-2015)

Small wind energy systems shall be permitted on lands encumbered by the Williamson Act, where otherwise permitted in accordance with Section 17.83.030. Wind power facilities and dual purpose wind energy systems are prohibited on lands subject to a Williamson Act or Farmland Security Zone contract.

(Ord. No. 2009, § 1, 9-1-2015)