§ 9-22. Small Wind Energy Facilities.

The following requirements shall apply to small wind energy facilities:

1.

Small wind energy facilities shall only be permitted as accessory uses in the following zoning districts: C-1, C-2, PUD-1, RC-1, RC-2, SC-1, and SF-1.

2.

The maximum allowable system height for small wind energy facilities shall be one-hundred twenty (120) feet. System height shall be interpreted to mean the installed vertical height of a wind energy facility as measured from the average grade to the turbine rotor at its highest point or the tip of the turbine blade when it reaches its highest elevation, without regard to whether it is ground-mounted or affixed to a structure. In no case shall the manufacturer's recommended maximum installation height be exceeded.

3.

No small wind energy facility shall be permitted in any required front yard.

4.

The minimum side yard setback for small wind energy facilities shall be one-hundred ten percent (110%) of system height or that required by the zoning district, whichever is greater.

5.

The minimum rear setback for small wind energy facilities shall be one-hundred ten percent (110%) of system height or that required by the zoning district, whichever is greater.

6.

The minimum setback from any street or road shall be one-hundred ten percent (110%) of system height or that required by the zoning district, whichever is greater.

7.

For guyed towers, their anchors shall meet the setback requirement for accessory structures in the zoning district which they are located.

8.

The supporting structure of the small wind energy facility shall not be climbable for the first twelve (12) feet above ground level.

9.

The small wind energy facility must have a separation of at least twenty (20) feet between ground level and the lowest point in the arc of the rotating blade assembly.

10.

Small wind energy facilities must meet the requirements of the Virginia Uniform Statewide Building Code (USBC) in force at the time of permitting. System designs, including but not necessarily limited to the tower and base, must carry the signature and stamp of a licensed professional engineer (P.E.).

11.

Small wind energy facilities shall comply with any applicable provisions of the Gloucester County noise ordinance; however exemptions to this requirement shall apply during brief events such as wind storms and power outages.

12.

Small wind energy facilities connected or intended to be connected to the utility grid shall comply with the provisions of 20VAC5-315, which govern net energy metering.

13.

Small wind energy facilities shall be constructed so as not to interfere with radio, television, and satellite signals, and shall comply with the provisions of 47CFR15, which govern radio frequency devices and emissions.

14.

No part of the wind turbine or its supporting structure may be artificially illuminated, unless required by federal, state, or local regulations.

15.

Small wind energy facilities shall have a galvanized steel, matte gray, matte white, or otherwise neutral and non-reflective finish.

16.

No signs, except manufacturer's nameplates, placards, decals, and/or signs placed for the purpose of warning of potential hazards shall be permitted upon any portion of a small wind energy facility. Any sign that could be construed as advertising shall be prohibited.

17.

The owner of the property upon which a small wind energy facility is located shall maintain said facility in proper working order.

a.

Any small wind energy facility found to be in an inoperable condition shall either be repaired or removed within ninety (90) days.

b.

Any small wind energy facility found to have been abandoned or unused for a period exceeding twenty-four (24) months shall be removed within thirty (30) days.

(Ord. of 8-2-2011(4))

(Ord. of 8-2-2011(4))