§ 17.18.060. Dimensional and aesthetic controls.

Proposed wind energy conversion facilities shall be consistent with all applicable local, state and federal requirements, including but not limited to all applicable electrical, construction, noise, safety, environmental and communications requirements.

A.

Height. Commercial wind energy conversion facilities shall be no higher than two hundred fifty feet above the existing average grade. The city council may allow this height to be exceeded as part of the special permit process if the project proponent can demonstrate that the additional height is needed and that the additional benefits of the higher tower outweigh any increased adverse impacts. The height of all wind energy conversion facilities shall be measured from the existing average grade to the highest point reached by the rotor blades.

B.

Setbacks. Each wind energy conversion facility and its associated equipment shall comply with the building setback provisions of the zoning district in which the facility is located.

In addition, the following setbacks shall be observed:

1.

In order to ensure public safety and to protect the interests of neighboring property owners, the minimum distance from the base of any wind turbine tower to any neighboring residential or commercial structure shall be equal to the total height of structure to the highest point plus an additional six feet, and the minimum distance from the base of any wind turbine to any abutting property line shall be one hundred feet. This setback is considered a "clear area."

2.

Wetland resources and their buffer zones may be used for the purposes of providing "clear area" setbacks.

3.

The setbacks should be kept free of all habitable structures so long as the facility is in place; however, these areas need not be cleared of trees or other vegetation. Setbacks shall be measured from the outside surface at the base of the turbine tower. The site plan review committee (for as-of-right sitings) and the city council (for special permit applications) may reduce the setbacks as appropriate, based on site specific considerations, and only after review of substantial evidence, including but not limited to detailed engineering reports or product engineering certification, which demonstrate that safety concerns have been minimized and that setbacks have been complied with to the maximum extent practicable. Such reduction of required setbacks, if granted, shall not constitute a variance from the zoning ordinance.

C.

Visual Impact. The proponent shall demonstrate through project siting and proposed mitigation that the wind energy conversion facility minimizes impact on the visual character of surrounding neighborhoods and the community. This may include, but not be limited to, information regarding site selection, turbine design, buffering, lighting, cable layout, and demonstration of compliance with all special permit regulations.

D.

Color. Wind energy conversion facilities shall be painted a non-reflective color such as white, off-white or gray or unless FAA regulations require a specific color.

E.

Equipment Shelters. All equipment necessary for monitoring and operation of the wind energy conversion facilities should preferably be contained within the turbine tower. If this is not feasible, ancillary equipment may be located outside the tower. Whenever reasonable, structures should be joined or clustered to avoid adverse visual impacts, contained either within an underground vault, enclosed within a separate structure, or shielded from view either by year-round landscaping or vegetated buffers. Equipment shelters shall only be used for housing of equipment for this particular site.

F.

Lighting and Signage.

1.

Wind turbines shall be lighted only if required by the Federal Aviation Administration (FAA). The proponent shall provide a copy of the FAA's determination to establish the required markings and/or lights for the structure.

2.

Any lighting of equipment structures and any other facilities on site (except lighting required by the FAA) shall be shielded from abutting properties.

3.

Signs on the facility shall be limited to those needed to identify the property and the owner/operator, and to warn of any danger; and educational signs providing information on the technology and renewable energy usage.

4.

All signs shall comply with the plans approved and incorporated by reference in a special permit granted under this section.

5.

Commercial advertising shall not be allowed on any part of the commercial wind energy conversion facility.

6.

A clearly visible warning sign concerning voltage must be placed all transformers and or electrical equipment.

G.

Utility Connections. All utility connections from the commercial wind energy conversion facility site shall be underground to the nearest utility pole or transformer, unless the applicant demonstrates by substantial evidence that the construction of such underground facilities would be unreasonable owing to circumstances relating to the soil conditions, shape, or topography of such a site or if the utility provider requires the connections to be above ground. The electrical transformer for the utility interconnections may be above ground if required by the utility provider.

H.

Support Towers. Monopole towers are the preferred type of support for commercial wind facilities. Towers shall not be climbable up to fifteen feet above ground surface

(C.O. 09-139, § 1, 9-21-2009; C.O. 10-171, 5-10-2010)