§ 17.20.7.110. Wind-powered electricity systems.

A.

Definitions.

1.

Small wind-powered electricity systems have a rated capacity of up to and including one hundred (100) kilowatts (kW) and are incidental and subordinate to a permitted use on the same parcel. A system is considered a small wind-powered electricity system only if it supplies electrical power solely for on-site use, except that when a parcel on which the system is installed also receives electrical power supplied by a utility company, excess electrical power generated and not presently needed for on-site use may be used by the utility company as may be governed by applicable state statutes.

2.

Large wind-powered electricity systems have a rated capacity of over one hundred (100) kilowatts (kW) and are intended to produce electricity for use on-site and/or sale to a rate regulated utility company or other off-site provider of electric power. Such systems may also be termed as "commercial wind-powered electricity systems".

3,

Tower height means the vertical measurement from the base of the tower to the top of the tower itself or the tip of the highest piece of equipment attached thereto. In the case of building-mounted towers the height of the tower does not include the height of the building on which it is mounted.

B.

Siting. Small wind-powered electricity systems are allowed as accessory uses in all zoning districts provided the following standards are met:

1.

In residential districts (R-1, R-2, R-3, R-5, R-6, R-9, and R-10), wind-powered electricity systems rated up to and including ten (10) kW are allowed. The maximum height shall be eighty (80) feet, as measured from finished ground level to the top of the tower system, which includes the generating unit and the highest vertical extent of any blades or rotors.

2.

In all other districts (C-1, C-2, C-3, C-4, C-5, M-1, M-2, POS, PLI, IA, I-1, and I-2), wind-powered electricity systems up to and including one hundred (100) kW are allowed. The maximum height shall be one hundred twenty-five (125) feet, as measured from finished ground level to the top of the tower system, which includes the generating unit and the highest vertical extent of any blades or rotors.

3.

On parcels greater than one (1) acre in size, except within residential districts, wind-powered electricity systems up to and including one hundred (100) kW are also allowed as a primary use provided all other applicable provisions of this section are met.

C.

Minimum Setback Requirement. Minimum setback from any property line for wind-powered electricity systems eighty (80) feet or less in height above the ground shall be one hundred ten (110) percent of the tower height (i.e. 110% × tower height = minimum setback). Minimum setback from any property line for wind-powered electricity systems more than eighty (80) feet in height above the ground shall be two hundred (200) percent of the tower height (i.e. 200% × tower height = minimum setback).

D.

Permits. All wind-powered electricity system installations are subject to applicable building, electrical, and mechanical permits issued by the City and shall be located in compliance with any applicable Federal Aviation Administration regulations and guidelines.

E.

Noise. All wind-powered electricity systems are subject to noise standards set forth in Chapter 8.56, Official Code of the City of Great Falls, and it is incumbent upon the property owner to demonstrate compliance prior to the issuance of any permits by the City.

F.

Color. Tower colors should have a matted or non-reflective finish and be of neutral subdued tones such as earth tones of green or brown. Gray, including naturally darkening galvanized gray, is also acceptable. Towers shall not be finished in bright or vivid colors intended to draw attention to the structure or property.

G.

Signs. The system tower shall not be used for signs and advertising of any kind. One (1) sign, limited to four (4) square feet, shall be posted at the base of the tower. The sign shall include a notice of no trespassing, a warning of high voltage, and the telephone number of the property owner/operator to call in case of emergency.

H.

Lighting. The system shall be unlit unless required to meet Federal Aviation Administration regulations in which case tower lighting shall be shielded or directed to the greatest extent possible to minimize the amount of light that falls onto nearby properties, particularly residences.

I.

Anti-Climbing Measures. All tower systems with climbable features shall be enclosed by a fence or shall incorporate other effective anti climbing measures to discourage unauthorized climbing of the tower and reduce potential for trespass and injury.

J.

Removal. Tower systems that remain nonfunctional or inoperative for a continuous period of one (1) year shall be deemed to be abandoned, shall constitute a public nuisance and shall be removed by the owner/operator.

K.

Prohibited Systems. Large or commercial wind-powered electricity systems shall not be allowed, erected, operated or maintained within the City.

(Ord. No. 3034, § 3, 7-21-2009)