§ 1500-17

This Chapter supports the development of wind energy resources primarily for on-site use to reduce the consumption of electricity supplied by utility companies consistent with the General Plan. It is the goal of this Chapter to minimize potential adverse impacts associated with wind energy systems on area residents and aesthetic quality through careful siting and design and to minimize public safety risks by providing standards for the placement, design, construction, modification and removal of such systems.

(Ord. of 6-28-2022)

1500-17-020 - Applicability

A.

Mini-wind energy systems are permitted in all zoning districts.

B.

Small wind energy systems are permitted, subject to the provisions of this Chapter, in the Agriculture (AG), Ranchette (RAN), Estate Residential (ER), General Commercial (GC), Commercial Industrial (CM), Light Industrial (M-1), General Industrial (M-2) and Public (P) zoning districts.

(Ord. of 6-28-2022)

1500-17-030 - Definitions

The words, phrases and terms as used in this Chapter shall have the following meanings:

A.

Mini-wind Energy System. A wind energy conversion system consisting of a wind turbine attached to permitted structure or tower together with associated control or conversion electronics that has a rated capacity of not more than 7 kilowatts per lot, and is used primarily to reduce onsite consumption of utility power.

B.

Small Wind Energy System. A wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics that has a rated capacity of not more than 50 kilowatts per lot, consistent with the requirements of paragraph (3) of subdivision (b) of Section 25744 of the Public Resources Code, and that will be used primarily to reduce onsite consumption of utility power.

C.

System Height. The height of the tower and the system measured to the top of the blade at the highest point of the system extended above the existing grade when being operated.

D.

Tower Height. The height above grade of the fixed portion of the tower, excluding the wind turbine.

(Ord. of 6-28-2022)

A.

Mini-wind Energy Systems. Mini-wind energy systems which are consistent with the standards below shall be permitted upon the issuance of a Zoning Clearance pursuant to Section 1500-25-030. Applications for a zoning clearance shall be accompanied by such plans, elevations and technical documentation necessary to demonstrate the details of the proposed system and compliance with the following criteria:

1.

The system shall be consistent with the setback and height limitations of the zoning district proposed.

2.

A mini-wind energy system shall not exceed 55 decibels (dba) as measured at the nearest property line except during short-term events such as utility outages and severe wind storms. Manufacturer's specifications or other information as approved by the Director shall be submitted demonstrating compliance with this section.

3.

Any proposed towers shall be of a mono-pole type.

4.

Climbing apparatus shall be located at least 12 feet above the ground, and the tower shall be designed to prevent climbing within 12 feet of the ground.

5.

Tower structures shall not include lighting unless required by another code or regulation.

6.

Towers and blades shall be painted a non-reflective neutral color or have a non-reflective neutral colored surface.

7.

In all Residential Districts mini-wind energy systems shall be limited to one unit per lot. In all other cases, multiple systems may be located on a lot if the combined systems have a rated capacity of not more than seven kilowatts per lot.

B.

Small Wind Energy Systems. Small wind energy systems which are consistent with the standards below shall be permitted upon the issuance of a zoning clearance pursuant to Section 1500-25-030. Applications for a zoning clearance shall be accompanied by such plans, elevations and technical documentation necessary to demonstrate the details of the proposed system and compliance with the following criteria:

1.

The lot where the system is proposed to be located shall not be within the Sutter Buttes Overlay Zone.

2.

The lot where the system is located shall be a minimum of two acres in size.

3.

System height and property line setbacks shall be consistent with Table 1500-17-1 below.

Note: Table 1500-17-1 is intended to be restrictive rather than permissive, therefore tenths of a lot are rounded down to the next whole number, i.e. 5 acres = 5.1 up to 5.99 acres.

4.

A small wind energy system shall not exceed 60 decibels (dba) as measured at the nearest property line except during short-term events such as utility outages and severe wind storms. Manufacturer's specifications or other information as approved by the Director shall be submitted demonstrating compliance with this section.

5.

Lattice and/or guyed towers shall not be allowed within 500 feet of any Residential District.

6.

Climbing apparatus shall be located at least 12 feet above the ground, and the tower shall be designed to prevent climbing within 12 feet of the ground.

Tower structure lighting shall be prohibited unless required by another code or regulation.

8.

Towers and blades shall be painted a non-reflective neutral color or have a non-reflective neutral colored surface.

9.

The system shall be used primarily to reduce onsite consumption of electricity.

10.

Small wind systems shall be located a distance not greater than the height of the proposed system from existing buildings or home sites.

11.

On lots sized 20-acres or greater, a small wind system may be located away from existing buildings or homesites if the system will serve a well or similar infrastructure in support of an agricultural use.

12.

Multiple systems may be located on lots sized 20-acres and larger if the combined systems have a rated capacity of not more than 50 kilowatts per lot.

Before the issuance of a Zoning Clearance for a small wind energy system, a Notice of Intent to approve shall be mailed or delivered at least two days prior to action on the application to the applicant, the property owner, the owners as shown on the most recent secured assessor's roll of property within 400 feet of the property involved in the application, all established agricultural aerial spraying operators of record, and all other persons who have requested notice in accordance with Section 1500-23-060(B). Such other notice as the County deems appropriate may also be given. All Zoning Clearances shall be processed in accordance with Section 1500-25-030.

Small wind energy systems which are determined not to be consistent with the above criteria may be permitted upon approval of a Use Permit pursuant to Section 1500-25-050. Modifications to previously approved small wind energy systems shall obtain a Zoning Clearance pursuant to Section 1500-25-030 and demonstrate the proposed modification's consistency with the above criteria.

(Ord. of 6-28-2022)

A.

A mini-wind or small wind energy system that ceases to produce electricity on a continuous basis for 18 months shall be considered abandoned. The Director may request documentation and/or affidavits from the property owner regarding the system's usage in order to make a determination as to the date of abandonment or the date on which other violation(s) occurred.

B.

Upon a determination of abandonment or other violation(s), the County shall send a notice to the property owner indicating the property owner shall remove the mini-wind or small wind energy system and all associated facilities, and remediate the site to its approximate original condition within 90 days of notice by the County, unless the County determines the facilities must be removed in a shorter period to protect public safety. Alternatively, if the violation(s) can be addressed by means short of removing the small wind energy system and restoring of the site, the County may advise the property owner of such alternative means of resolving the violation(s).

(Ord. of 6-28-2022)

Article 18 - Wireless Telecommunication Facilities Chapter - 1500-18