Restrictions; permit requirements

A. Utility-scale wind facilities are not permitted.
B. Wind energy facilities are prohibited in all local historic districts and on any outlying property covered by historic zoning.
C. On-site small wind energy facilities may be installed, erected or constructed in the F-2, M/LIO, RHF and MUPD Zones on lot sizes not less than two acres, subject to the issuance of a special use permit by the Zoning Board of Review, provided that the use complies with all requirements set forth herein. Such systems are not permitted in any other zones. All permitted wind facilities shall be constructed and operated in a manner that minimizes any adverse visual, safety, and environmental impacts. No special use permit shall be granted unless the ZBR finds specifically in writing that the specific site is an appropriate location for such use; and the use is not expected to adversely affect the surrounding neighborhood; and there is not expected to be any serious hazard to pedestrians or vehicles from the use; and no nuisance is expected to be created by the use; and adequate and appropriate facilities will be provided for the proper operation, maintenance and protection of the use. In order to affirm the above-required findings of fact, the Zoning Board must assess the compliance of all proposed wind facilities with the design, installation, safety, aesthetic and environmental standards outlined below in §§ 260-116 and 260-117.
D. All special use permit applications for small wind energy systems shall be accompanied by a fee equal to the fee charged for telecommunications towers per Subsection A(3) of § 260-89, Variance and special use permit application procedure and fees, of this chapter.
E. Where permitted, only one small wind energy system shall be allowed on a property.
F. All approved small wind energy systems shall be required to undergo an annual safety review, and a certified inspection report shall be filed with the Zoning Officer.
G. All approved turbines shall be set back a distance either 1) equal to or exceeding the maximum projectile distance (or thrown hazard) as determined by the manufacturer; or 2) equal to two times or greater the overall blade tip height of the turbine from the nearest existing residential or commercial structure, whichever is greater, and a distance at least equal to the overall blade tip height of the turbine from the nearest property line or public right-of-way. All other components of the wind facility (equipment, storage/generator sheds, transformers, substations, guy wires or support footings) shall meet the standard setbacks for the zone and all other relevant dimensional regulations, including those pertaining to lot coverage, buffers and accessory structure heights.
H. All wind energy facility owners shall provide a copy of their site plans and construction plans, and, ultimately, the as-built plan sets, to local emergency service providers and cooperate with same in developing an emergency response plan.