§ 35.57

This Chapter identifies the types of wind energy conversion facilities that are allowed and the zones in which they are allowed; determines the required types of permits, and provides regulations for their location and operation. These provisions are intended to encourage wind energy development while protecting public health and safety.

The regulations contained in this Chapter shall apply to wind energy conversion systems used for electrical power generation. Wind machines used for climate control or water pumping are considered accessory uses to agriculture, and are not regulated by this Chapter.

35.57.030 - Allowed Uses and Permit Requirements for Wind Energy Conversion Systems

A.

Allowed Uses and Permit Requirements. Table 5-2 (Allowed Uses and Permit Requirements for Wind Energy Conversion Systems) identifies the types of wind energy conversion systems that are allowed by this Development Code in each zone, and the planning permit required to establish each use, in compliance with Section 35.20.030 (Allowable Development and Planning Permit Requirements). A wind energy conversion system that is not listed in the table is not allowed.

B.

Where the last column (Specific Use Regulations) in Table 5-1 includes a section number, the referenced Section may establish other requirements and standards applicable to the wind energy conversion system.

Notes:

Development Plan approval may be required in compliance with Section 35.57.040.B., below.

(2) ;hg;The maximum power output of each proposed wind turbine shall be 25 KW or less. The wind turbines shall be spaced at least 300 feet apart.

A.

Application submittal requirements.

1.

Land Use Permits.

a.

In addition to the applicable contents identified in Subsection 35.80.030.A (Application contents), the site plan shall include the height of structures and trees within 300 feet of proposed wind turbines, the maximum power output of proposed wind turbines, the intended use of the generated power, and documentation of overspeed protection devices.

b.

Written evidence that the electric utility service provider that serves the proposed site has been informed of the applicant's intent to install an interconnected customer-owned electricity generator. If the applicant does not plan to connect the system to the electricity grid, the applicant shall include a statement to that effect in the application.

2.

Conditional Use Permits. The applicant shall submit as many copies of a Minor or Major Conditional Use Permit application as required by the Department. Unless otherwise specifically waived by the Director, the information to be submitted as part of the application shall consist of the following instead of the information required under Section 35.82.060 (Conditional Use Permits and Minor Conditional Use Permits).

a.

A plot plan of the proposed development drawn to scale showing:

(1)

Acreage and boundaries of the property.

(2)

Location of existing and proposed structures, their use, and square footage within 500 feet of the turbine.

(3)

The height of structures and trees within 300 feet of the proposed wind turbines.

b.

Elevations of the components of the proposed wind energy conversion system.

c.

Documentation of the maximum noise levels generated by the wind turbine, if available.

d.

The intended use of the generated power.

e.

A description of the measures taken to minimize adverse noise, transmission interference, and visual and safety impacts to adjacent land uses including but not limited to overspeed protection devices and methods to prevent public access to the structure.

f.

Written evidence that the electricity utility service provider that serves the proposed site has been informed of the applicant's intent to install an interconnected customer owned electricity generator. If the applicant does not plan to connect the system to the electricity grid, the applicant shall include a statement to that effect in the application.

B.

Development Plan required. The approval of a Final Development Plan in compliance with Section 35.82.080 (Development Plans) may be required in compliance with the following:

1.

In compliance with Section 35.21.030 (Agricultural Zones Allowable Land Uses) for projects located in Agricultural Zones.

2.

In compliance with Section 35.22.030 (Resource Protection Zones Allowable Land Uses) for projects located in Resource Protection Zones.

In compliance with Section 35.23.030 (Residential Zones Allowable Land Uses) for projects located in Residential Zones.

4.

In compliance with Section 35.24.030 (Commercial Zones Allowable Land Uses) for projects located in Commercial Zones.

5.

In compliance with Section 35.25.030 (Industrial Zones Allowable Land Uses) for projects located in Industrial Zones.

6.

In compliance with Section 35.26.030 (Special Purpose Zones Allowable Land Uses) for projects located in Special Purpose Zones.

Wind energy conversion systems shall be in compliance with the following standards:

A.

Setbacks. Wind turbines shall comply with all setback requirements of the applicable zone.

B.

Access control. Towers shall be constructed to provide one of the following means of access control, or other appropriate method of access control:

1.

Tower-climbing apparatus located no closer than 12 feet from the ground.

2.

A locked anti-climb device installed on the tower.

3.

A locked, protective fence at least six feet in height that encloses the tower.

C.

Tower structures. Wind energy system tower structures shall be designed and constructed to be in compliance with pertinent provisions of the Uniform Building Code and National Electric Code.

D.

Over-speed controls. Wind energy systems shall be equipped with manual and automatic over-speed controls. The conformance of rotor and over-speed control design and fabrication with good engineering practices shall be certified by the manufacture.

E.

Height.

1.

Minimum height. To prevent harmful wind turbulence from existing structures, the minimum height of the lowest part of any horizontal axis wind turbine blade shall be at least 30 feet above the highest structure or tree within a 250-foot radius. Modification of this standard by the review authority may be allowed when the applicant demonstrates that a lower height will not jeopardize the safety of the wind turbine structure.

F.

Guy wires. Anchor points for any guy wires for a system tower shall be located within the property that the system is located on and not on or across any above-ground electric transmission or distribution lines. The point of attachment for the guy wires shall be enclosed by a fence six feet high or sheathed in bright orange or yellow covering from three to eight feet above the ground.

G.

Horizontal axis wind turbines. Horizontal axis wind turbines shall be placed at a distance of at least two times the total tower height from any occupied structure. Additionally, the base of the tower shall be setback from all property lines a minimum distance equal to the height of the system, including the wind turbine, provided that it also complies with any applicable fire setback requirements in compliance with Public Resources Code Section 4290.

H.

Vertical axis wind turbines. Vertical axis wind turbines shall be placed at a distance of at least 10 blade diameters from any structure or tree. A modification may be granted for good cause shown, however, in no case shall the turbine be located closer than three blade diameters to any occupied structure. Additionally, the base of the tower shall be set back from all property lines a minimum distance equal to the height of the system, including the wind turbine, provided that it also complies with any applicable fire setback requirements in compliance with Public Resources Code Section 4290.

I.

Electromagnetic interference. The system shall be operated so that no electromagnetic interference is caused. If it is demonstrated that a system is causing harmful interference, the system operator shall promptly mitigate the harmful interference or cease operation of the system.

J.

Color and non-reflective surfaces. The system's tower and blades shall be painted a non-reflective, unobtrusive color that blends the system and its components into the surrounding landscape to the

greatest extent possible and incorporate non-reflective surfaces to minimize any visual disruption.

K.

Visual impact. The system shall be designed and located in such a manner to minimize adverse visual impacts from public viewing areas (e.g., public parks, roads, trails). To the greatest extent feasible, the wind energy system:

1.

Shall not project above the top of ridgelines.

2.

If visible from public viewing areas, shall use natural landforms and existing vegetation for screening.

3.

Shall not cause a significantly adverse visual impact to a scenic vista from a County or State designated scenic corridor.

4.

Shall be screened to the maximum extent feasible by natural vegetation or other means to minimize potentially significant adverse visual impacts on neighboring residential areas.

L.

Exterior lighting. Exterior lighting on any structure associated with the system shall not be allowed except that which is specifically required by the Federal Aviation Administration.

M.

Underground electrical wires. Onsite electrical wires associated with the system shall be installed underground except for "tie-ins" to a public utility company and public utility company transmission poles, towers and lines. This standard may be modified by the review authority if the project terrain is determined to be unsuitable due to reasons of excessive grading, biological impacts, or similar factors.

N.

Signage. At least one sign shall be posted on the tower at a height of five feet warning of electrical shock or high voltage and harm from revolving machinery. No brand names, logo or advertising shall be placed or painted on the tower, rotor, generator or tail vane where it would be visible from the ground, except that a system or tower's manufacturer's logo may be displayed on a system generator housing in an unobtrusive manner.

O.

Access roads. Construction of onsite access roadways shall be minimized. Temporary access roads utilized for initial installation shall be re-graded and re-vegetated to the pre-existing natural condition after

completion of installation.