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General Provisions (On-Site WES/Temporary Towers)

Add to Article 10 subpart 107 (on-site WES) and 108 (Temporary towers)" the following provisions for small WES and temporary towers as a use by right. That means a special use permit is not required. Permanent anemometers included as part of utility-scale WES are included in sections on utility-scale WES. 107. An on-site WES is a permitted or accessory use which shall meet the following standards: A. Designed to primarily serve the needs of a home, agriculture, or small business or to test wind or other environmental conditions in the area for a period not to exceed 3 years from the date the permit is issued.

Commentary: A way to differentiate between on-site and utility-scale WES is height or electrical generation capacity of the generators. Due to changes in efficiency and technology, it is recommended to use height rather than rated capacity to classify on-site WES in a zoning ordinance. Height in this sample ordinance refers to the tower height plus the length of the blade at its highest reach. On-site WES tower heights generally range between 30 to 70 feet. Nearby trees may require an increase in the tower height to adequately capture the wind resource. Not all on-site WES are on towers, smaller systems are often mounted directly to the peak of a building or other structure, such as a pole. Larger on-site WES between 70 to 120 feet could be used to serve more energy intensive principal uses, such as agricultural operations. A community may choose to designate these taller systems as a special land use and may exempt smaller, mounted systems from requiring a zoning permit as shown below. [End of commentary]

B. Height: Total height for on-site WES shall not exceed [for example: 66, 90, or 120] feet. C. On-Site System Exception: On-site WES mounted to existing structures (such as a roof or pole) that extend [for example: 8] feet or less above the highest point of the structure are exempt from this zoning ordinance. D. Property Setback: The horizontal distance between the base of an on-site WES and the owner's property lines shall be no less than [for example: 1.11 times height. No part of the WES structure, including guy wire anchors, may extend closer than [for example: 25] feet to the owner's property lines, or the distance of the required setback in the respective zoning district, whichever results in a greater setback.

Commentary: The property setback for on-site systems is intended to protect neighbors from potential noise and/or in the unlikely event of a tower failure. A setback relative to the height as opposed to the same setback distance for all property (such as 50 feet) helps to maintain an appropriate relationship between the height of the on-site system and the subject property. Due to the wind resource, trees, topography, lot size, and many other factors, some properties will be more well-suited to on-site WES. The turbine setback must have a rational basis and purpose, that protects health, safety, and welfare. Review the local zoning setbacks for on-site television antennas/Wi-Fi towers — a similar setback rule for on-site WES may be appropriate. [End of commentary]

E. Sound Pressure Level: The audible sound from an on-site WES shall not exceed dBA L (_minute) at the [for example: property line or dwelling] closest to the WES.

63 This number system shown here comes from the MSU Extension zoning ordinance codification system found here: httpsii\v-ww.canransu.eduiresourcesiorganization and codification of a zoning ordinance. A community should stick to their own numbering system.