1500-17-040 - Review and Approval Process
Sutter County Zoning Code · 2026-06 edition · ingested 2026-07-07 · Sutter County
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.
| Table | 1500-17-1: HEIGHT and PROPERTY LINE SETBACKS | 1500-17-1: HEIGHT and PROPERTY LINE SETBACKS | 1500-17-1: HEIGHT and PROPERTY LINE SETBACKS |
|---|---|---|---|
| Lot Size | Maximum Permitted Tower Height |
Maximum Permitted System Height |
Minimum Required Setback from Property Line |
| 2—5 acres | 80 feet | 100 feet | System height plus 5 feet |
| 6—19 acres | 100 feet | 120 feet | System height plus 5 feet |
| 20 acres and larger | 120 feet | 150 feet | System height plus 5 feet |
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.