108-7-24 Supplemental Energy Generation Standards

Small Wind Energy System. The intent of this section is to regulate the placement and installation of small wind energy conversion systems in the city while providing for the safe, effective, and efficient use of such systems. These systems will be used primarily to produce clean energy and reduce on-site consumption of utility power for individual properties. The following regulations shall apply to all small wind energy conversion systems: The minimum lot size required for a small wind energy system shall be 20,000 square feet. Small wind energy systems shall be set back a distance equal to the tower height from property lines unless a greater setback is required to address demonstrated safety risks. On parcels five acres or larger used for agricultural purposes, setbacks may be reduced where an engineered fall zone is demonstrated. The maximum height of a small wind energy system (including tower and blades) shall not exceed 70 feet. Small wind energy systems proposed to be over 70 feet will require approval from the planning commission as part of the conditional use permit. The minimum distance between the ground and any protruding blades utilized on a small wind energy system shall be 15 feet as measured at the lowest point of the arc of the blades. Small wind energy systems must comply with applicable Federal Aviation Administration (FAA) regulations, including any necessary approvals for installations close to airports. Small wind energy system towers shall maintain either a galvanized steel finish or a finish in a color approved by the planning commission as part of the conditional use, and shall not be artificially lighted unless required by the FAA. Small wind energy systems shall not exceed noise limits as specified in Municipal Code 5.02.010 at the nearest property line, averaged over a 10-minute period, excluding short-duration severe wind events. Noise measurements shall follow ANSI or similar recognized acoustic standards. Ambient wind noise shall be considered in determining compliance.Manufacturer specifications for components and installation shall be required with an application for a small wind energy system. Solar energy systems. Small solar energy system. A small solar energy system, as defined in Title 101, Chapter 2, is allowed in any zone, and shall meet the setback and height requirements for an accessory building in the zone in which the system is located. Setbacks shall be measured to the outermost edge of the system nearest the property line. Solar energy systems which are attached to a building shall meet the same setbacks that are required for the building. Large solar energy system. A large solar energy system, as defined in Title 101, Chapter 2, is regulated by Title 104, Chapter 30 of this Land Use Code. Sec 108-7-25 (Reserved) Sec 108-7-26 Land Use Applications Involving Lots/parcels With Existing Violations A land use application may be reviewed and approved notwithstanding an existing violation on the subject lot or parcel, unless the existing violation: 1. creates an immediate threat to public health or safety; or 2. directly prevents the proposed application from complying with this Land Use Code. As a condition of approval, the Land Use Authority may require correction of the violation when the correction is reasonably related to the proposed application. An application submitted for the purpose of curing or reducing an existing violation shall not be denied solely because the violation exists. Sec 108-7-27 (Reserved)