18.265.030 Standards.
(a) Allowable Districts for Wind Energy Systems. Wind energy systems are allowed in all nonresidential districts and in residential districts with nonresidential uses. There is no minimum acreage requirement.
(b) Setback.
(1) Setback standards are as follows:
(i) One hundred percent of tower height.
(ii) One hundred percent of any combination of setback and dedicated irrevocable fall zone easement onto an adjacent property.
(2) Additional Setback Regulations.
(i) No wind energy system shall be placed within any required zoning setback within any zoning district.
(ii) No horizontal axis wind turbine (HAWT) tower shall be placed on any property such that any portion of the rotor diameter extends into or over a public right-of-way, or dedicated access easement.
(3) Exceptions to Setback Requirements. All wind systems specifically designed to be mounted to a permanent building must comply with all manufacturer specifications; provided, that any portion of a tower above the point at which it is anchored does not exceed the distance to the nearest adjacent property line. All mounting and electrical specifications must be provided to the Development Services Division at the time of application for a building permit to install or erect a wind energy system.
(c) Maximum Tower Height.
(1) Maximum tower height shall be as follows:
|
Less than one acre |
62 feet |
|
1 – 3 acres |
100 feet |
|
More than 3 acres |
175 feet |
(2) Exceptions.
(i) The maximum height of all wind energy systems mounted on a permanent building will be determined in association with the approval of a conditional use permit within C-5 Commercial and D-1, D-2, D-3 Downtown Districts.
(ii) The maximum height of all wind energy systems will be determined in association with the approval of a conditional use permit within the I-1 and I-2 districts, as well as PUD districts with permitted uses designated I-1 or I-2.
(d) Rotor Diameter. Maximum rotor diameter shall not exceed manufacturer recommendations for wattage and tower specifications.
(e) Towers. All wind energy systems shall be mounted on monopole towers or attached to a permanent building. No lattice or guy-wired towers shall be permitted except in districts zoned industrial and PUD districts with permitted uses designated I-1 or I-2.
(f) Access.
(1) All ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access.
(2) The tower shall be designed and installed so as to not provide step bolts or a ladder readily accessible to the public for a minimum height of eight feet above the ground.
(g) Electrical Wires. All electrical wires associated with wind energy systems shall be located underground with the following exceptions:
(1) All wires necessary to connect the wind generator to the tower wiring.
(2) All wires necessary to connect the tower wiring to the disconnect junction box.
(3) All wires necessary to connect the grounding wires.
(h) Color and Finish. The generator and tower shall be a nonreflective and neutral color.
(i) Decibel levels for the system shall not exceed 55 decibels (dBA) measured at any property line, except during short-term events such as utility outages and severe windstorms.
(j) Compliance with All Applicable Codes. A wind energy system including tower shall comply with all applicable building and property codes currently in force in the City.
(k) Utility Notification and Interconnection. All wind energy systems that connect to the facilities of an electrical utility company shall comply with all applicable local, State and Federal regulations governing such connections. The applicant or property owner must supply the Development Services Division with written consent from the applicable electric utility company to connect to the grid at the time of application for a building permit.
(l) Signage.
(1) Brand names shall not be visible from any public right-of-way or place.
(2) No advertising shall be placed on the wind generator or tower.
(m) Wind generators or towers shall not be artificially lighted, except as may be required by Federal or State law.
(n) Removal of Abandoned Wind Energy Systems. Any wind energy system that is not operated for a period of 12 continuous months or which was operated under a conditional use permit which has expired and has not been renewed shall be considered abandoned, and the owner of such wind energy system shall remove the same within 90 days of a receipt of notice from the Planning Director notifying the owner of such required removal. If such wind energy system is not removed within said 90 days, the City Council may cause the removal of such wind energy system at the owner’s expense. If there are two or more users of a wind energy system, then this provision shall not become effective until all users have ceased using the system for a period of 12 continuous months. (Ord. 19598 § 3, 6-28-11.)