Lancaster Municipal Code Art. XIV Co-Located Small Wind Energy Systems

A. Purpose and Intent. It is the purpose and intent of this section to promote the safe, effective and efficient construction and use of CSWES on commercial and industrial lots within the city limits of the City of Lancaster. These regulations are intended to assure that CSWES are designed and located in a manner that minimizes visual, noise, and safety impacts on the surrounding community.

B. Applicability. These specific standards are applicable for all co-located small wind energy systems in commercial and industrial zones allowed subject to approval of a director's review in accordance with Article VI of Chapter 17.32.

C. Definitions. The following are definitions of specialized terms and phrases used in this section. Definitions of general terms and phrases are located in Chapter 17.04 Section 17.04.240 (Definitions).

1. "Co-located small wind energy system (CSWES)" shall mean a wind energy conversion system that is located on a pole with site lighting below the turbine, which has a rated capacity of 8kW or less.

2. "Temporary meteorological tower (met tower)" shall mean a temporary structure which includes the tower, base plate, anchors, guy cables and hardware, anemometers, (wind speed indicators), wind direction vanes, booms to hold equipment anemometers and vanes, data logger, instrument wiring, and any telemetry devices that are used to monitor or transmit wind speed and wind flow characteristics over a period of time for either instantaneous wind information or to characterize the wind resource at any given location.

3. "Co-located wind energy system height" shall mean the vertical distance from ground level to the tip of the wind generator blade when it is at its highest point.

D. Restriction on Use of Electricity Generated by CSWES. A CSWES shall be used exclusively to supply electrical power for on-site consumption. Electrical power generated by the CSWES exceeding on-site consumption 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-site use, as long as no net revenue is produced by such excess electrical power. CSWES, as allowed pursuant to this section shall not be used for commercial production or profit.

E. Property Development Regulations. A CSWES shall be subject to all applicable regulations of the commercial and industrial zones in which it is proposed, except that the following standards shall take precedence over the regulations of the commercial and industrial zones to the extent that installation of co-located small wind energy systems (CSWES) where permitted by a director's review application, shall be constructed in the following manner:

1. Minimum development/parcel size: Developments of a minimum of twenty (20) acres or more with parking lot light fixtures at a minimum of twenty-five (25) feet in height.

2. Setbacks: Co-located small wind energy systems shall meet the following setbacks:

a. A distance equal to the tower height from any abutting private properties that are not part of the development.

b. A distance equal to the tower height from any overhead utility lines, unless written permission is granted by the affected utility.

c. A distance equal to one hundred fifty (150) feet from any property that is residentially used or designated.

3. Noise: Co-located small wind energy systems shall meet the following criteria with respect to noise:

a. A site-specific noise study or the manufacturer's engineered sound studies shall be submitted for review to verify that the noise level will comply with the noise element of the general plan.

b. On-site noise levels for each unit shall not exceed 70 decibels (dBA) except during short-term events, such as utility outages and severe windstorms.

c. Noise levels at the property line of the development site shall not exceed 70 decibels, if the adjacent use is a commercial or industrial use, and shall not exceed 65 decibels, if the adjacent use is residential.

4. Aesthetics: Co-located small wind energy systems shall meet the following criteria with respect to aesthetics:

a. All proposed replacement poles for a CSWES system shall be of the same design, shape and color as the remaining light poles throughout the parking lot.

b. The wind turbine housing and the blades of the CSWES system shall not be brightly colored. The turbine housing should be white, sky colored, or should coordinate with the color palette approved for the project buildings, subject to the approval of the planning director.

c. The physical size of the turbine shall not extend beyond thirty-six (36) inches from the center of the pole.

d. The maximum diameter of the blades shall not exceed sixteen (16) feet.

e. All electrical transmission lines from the tower shall be installed underground.

5. Access:

a. All ground mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access.

b. The pole shall be designed and installed so as to not provide step bolts or a ladder.

6. Lighting:

a. A co-located small wind energy system (CSWES) shall not be illuminated unless such lighting is required by the Federal Aviation Administration. A light temporarily used to inspect a turbine, tower and associated equipment is permissible, providing said light is only used for inspection purposes and not left on for an extended period of time.

b. The height of the light fixture on the structure itself shall not be altered from its original height as previously permitted or as permitted by the reviewing authority when co-locating a CSWES in a parking lot.

7. Height: Co-located small wind energy systems shall meet the following criteria with respect to height:

a. The maximum CSWES height shall be sixty (60) feet at the highest point with one (1) of the blades at its highest vertical point.

b. The maximum height of the center of the turbine shall not exceed fifty-three (53) feet.

c. The maximum diameter of the blades from the lowest point to the highest point shall not exceed sixteen (16) feet.

8. Temporary meteorological (met) towers shall be permitted under the same standards as those for a CSWES facility. Approval for a temporary met tower shall be valid for a maximum of thirty (30) days.

9. Signs: All signs, other than the manufacturer's or installer's identification, and appropriate warning signs, shall be prohibited.

10. Building Permit: Applicable building permits shall be required for a CSWES.

11. FAA Height Restrictions: The system shall comply with all applicable Federal Aviation Administration requirements, including but not limited to Subpart B (commencing with Section 77.11) of Part 77 of Title 14 of the Code of Federal Regulations regarding installations close to airports. These regulations apply to any installation within 20,000 feet of an airport and exceeding specific heights based on specific FAA and airport parameters.

12. Abandoned/Inoperative CSWES: Any CSWES deemed to be abandoned or inoperative for a period of six (6) months, shall constitute a public nuisance pursuant to Chapter 8.28 of the Lancaster Municipal Code. The property owner shall abate such nuisance in accordance with Section 8.28.050, of the Lancaster Municipal Code. The city shall retain the right to abate such nuisance in accordance with the procedures and requirements of Chapter 8.28.

F. The planning director may require additional design criteria or other information as deemed necessary to integrate the proposed CSWES with the surrounding area.

(Ord. No. 941, § 2, 2-9-2010)

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