8.21.40 Wind Energy Conversion Systems (WECS) Ordinance

The purpose of this section is to establish a process, rules, and standards for the construction and operation of WECS used primarily for on-site power. (1) Permitted and Prohibited Uses: (a) Pole-mounted WECS are allowed in any residential zoning district as a permitted use as long as the parcel is a minimum of twenty (20) acres upon issuance of a building permit and compliance with all applicable performance standards and design requirements. (b) Pole-mounted WECS may be allowed in any residential zoning district as a conditional use with a lot size between 19.99 and one (1) acre upon issuance of a building permit and compliance with all applicable performance standards and design requirements. (c) Pole-mounted WECS are allowed as a conditional use in any C (Commercial) or I (Industrial) zoning district upon issuance of a building permit and compliance with all applicable performance standards and design requirements. (d) Roof-mounted WECS shall not be permitted. (e) Commercial wind power generating facilities shall not be permitted. (2) Performance Standards and Design Requirements: (a) No more than one (1) WECS shall be permitted per parcel without a conditional use permit. (b) Minimum parcel size of one (1) acre is required for the installation of a WECS. (c) Maximum height of the tower shall be that of the underlying zoning district measured from pre-existing natural grade to the highest point of the tower. (d) The WECS shall have a maximum height of fifty-five feet (55’) as measured to the top of the blade extended from natural grade. (e) The lowest point of any part of the rotor shall be twenty feet (20’) from natural grade. (f) A photo simulation shall be provided that shows there will be no impacts to ridgelines from three (3) areas viewed by the public as determined by staff. (g) Towers shall be set back from all property lines a minimum of one foot (1’) for every one foot (1’) in height measured from the top of the rotor extended from natural grade. No part of the WECS, including guy wire anchors, may extend into the minimum setback area of the underlying zoning district or into any access or utility easements. (h) Towers with guy wires are not allowed unless on a property with a minimum of five (5) acres. (i) All WECS in any zone shall be located in a minimum of three hundred feet (300’) from the closest residential dwelling off site. (j) All portions of the WECS shall be non-reflective, non-obtrusive colors such as a galvanized tower with neutral colors. (k) There shall be no advertising on towers. (l) WECS shall be designed, installed, and operated so that the noise generated by the system shall not exceed 35 dBA, as measured from the nearest property line. (m) Towers are not allowed to be attached to buildings. (n) No lattice towers are allowed. (3) Building Permits and Inspection: (a) All WECS shall conform to applicable industry standards, including those of the American National Standards Institute. (b) A building permit shall be required for all WECS. (c) The applicant shall submit two complete sets of detailed plans and specifications for the WECS, including a site plan and a structural land and electrical design completed by a registered professional engineer licensed to do such work in the state of Utah, whose seal shall be affixed to all such drawings and plans. (d) No experimental, home-built, or prototype WECS shall be permitted. (e) Compliance with building code: Building permit applications for small WECS shall be accompanied by standard drawings of the wind turbine structure, including the tower and base footing. An engineering analysis of the tower showing compliance with the building code and certified by a professional engineer, licensed by the state of Utah, shall also be submitted. (f) Compliance with national electric code: Building permit applications for WECS shall be accompanied by a line drawing of the electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the national electrical code. (g) All engineering and electrical wiring/connections shall conform to all applicable provisions of the national electrical code. (h) Utility notification: No grid connected WECS shall be installed until evidence has been given that the utility company has been informed of the customer’s intent to install an interconnected customer-owned turbine. All WECS connected to the utility grid shall meet all codes and requirements including ESR requirements. A written letter of compliance must accompany the application. (i) Permanent power sources shall be concealed from public view and comply with all applicable provisions of the national electrical code. (j) No WECS shall be installed or erected in the Town unless by a licensed contractor licensed to do business in the state of Utah, or as required by the Town. (k) The applicant shall obtain certification by a registered engineer as to the safety of equipment and installation. (l) All footings and foundation shall conform to the building codes and be inspected by the Town. (4) Safety Measures: (a) There shall be sufficient safety measures to prevent the tower from becoming a climbing hazard. (b) No WECS shall be permitted unless equipped with an automatic braking, governing, or feather system to prevent uncontrolled rotation, over-speeding, and excessive pressure on the tower structure, rotor blades, or turbine components. (c) Procedures for emergency shutdown of the power generation units shall be established and posted prominently and permanently within three feet (3’) of the meter panel. (5) Abandonment and Removal: If the WECS remains non-functional or inoperative for a continuous period of ninety (90) days, the system shall be deemed to be abandoned and shall constitute a public nuisance. The owner shall remove the abandoned system at the owner’s expense after a demolition permit has been obtained. Removal includes the entire structure including foundations to below natural grade, and transmission equipment. Purpose of Nonconforming Use and Structures Provisions. Definitions. Nonconforming Uses-Continuation And Abandonment. Nonconforming Structures. Change in Status of Non-Conforming Use. Reconstruction of Non-Conforming Structure Partially Destroyed. Nonconforming Use of Open Land. Nonconforming Lot of Record Determination. Nonconforming Lot of Record. Nonconforming Subdivision.