18-19.210 Small Wind Energy Systems.
a. Purpose and Intent. The purpose and intent of these regulations are to encourage energy sustainability by allowing the development of small wind energy systems for the production of electricity in order to balance the need for clean, renewable energy resources with the protection of the health, safety and welfare of the community. These systems consist of a wind turbine, a tower and associated control or conversion electronics, which have a rated capacity of not more than ten (10) kW of power.
b. Permit Required. Small wind energy systems may be allowed in all zones subject to design review in accordance with Article 18-33 subject to certain performance standards referenced in this section.
c. Performance Standards. All small wind energy systems shall meet the applicable criteria and standards as required by this section or any other regulation of the City; provided, that the Director, Design Review Board, Planning Commission or City Council, as the case may be, may relax such standards or impose stricter standards as an exercise of discretion upon a finding that such modifications are reasonably necessary in order to implement the general intent of this section or to protect the health, safety and welfare of the public, community and the environment.
1. They must have been approved by the California Energy Commission (CEC) as qualifying under the Emerging Renewables Fund of the Commission’s Renewables Investment Plan or certified by a national program recognized and approved by the Energy Commission.
2. A minimum parcel size of five thousand (5,000) square feet is required for the placement of any small wind energy system. The maximum rated capacity for lots less than one-half (0.5) acre is two (2) kW and less. The maximum rated capacity for lots greater than one-half (0.5) acre is ten (10) kW and less.
3. No part of a small wind energy system shall be located within or over drainage, utility or other established easements.
4. A maximum of one (1) small wind energy system per parcel is permitted on parcels less than one (1) acre in size. A maximum of one (1) small wind energy system per acre is permitted on parcels greater than one (1) acre in size.
5. They shall comply with the minimum setbacks for the zoning district. The location may be modified as part of the design review process to place the wind energy system as far as possible from the property lines. The small wind energy systems shall not be allowed in the front yard or a side yard with frontage.
6. The maximum height of a small wind energy system for lots less than one-half (0.5) acre is thirty (30') feet and forty (40') feet for lots greater than one-half (0.5) acre. “Tower height” shall mean the height above grade of the fixed portion of the tower, excluding the wind turbine itself.
7. No portion of the turbine or tower shall be illuminated.
8. Any climbing foot pegs or rungs below twelve (12') feet of a freestanding tower shall be removed to prevent unauthorized climbing. For lattice or guyed towers, sheets of metal or wood may be fastened to the bottom tower section so it cannot readily be climbed.
9. Each small wind energy system shall be equipped with both manual and automatic controls to limit the rotational speed of the blade within the design limits of the rotor. An external manual shut-off switch shall be included with the installation. The minimum distance between the ground and any protruding blades utilized on a small wind energy system shall be ten (10') feet as measured at the lowest point of the arc of the blades.
10. No small wind energy system or combination of small wind energy systems on a single parcel shall create noise that exceeds a maximum of sixty (60) CNEL (Community Noise Equivalent Level), as measured at the closest neighboring dwelling. These levels, however, may be exceeded during short-term events such as utility outages and severe wind storms.
11. The system’s tower and supporting structures shall be painted a single neutral, nonreflective, nonglossy color that visually blends with the surrounding natural and built environments.
12. Electrical Wires. All electrical wires leading from the tower to electrical control facilities shall be located underground.
13. They shall be maintained in good repair, as recommended by the manufacturer’s scheduled maintenance or industry standards, and shall be free from rust.
14. Signs/Labels. All signs, with the exception of manufacturer’s, installer’s identification, appropriate warning signs or owner identification, are prohibited.
15. They shall comply with applicable FAA (Federal Aviation Administration) regulations, including any necessary approvals for installation.
16. If found to be unsafe by the Building Official they shall immediately cease operation upon notification by City and shall be repaired by the owner to meet Federal, State and local safety standards or be removed within six (6) months.
17. Small wind energy systems that are not operated for a continuous period of twelve (12) months shall be removed by the owner of the small wind energy system.
18. When a small wind energy system is removed from a site, all associated and ancillary equipment, batteries, devices, structures or support(s) for that system shall also be removed. For the purposes of this section, nonoperation shall be deemed to include, but shall not be limited to, the blades of the small wind energy system remaining stationary so that wind resources are not being converted into electric or mechanical energy. (Ord. #248-2020, S2 (Exh. A))