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20.45.070 Small Wind Energy Conversion Systems A. Applicability Unless otherwise expressly stated, the regulations of this section apply to all small wind energy systems, whether ground-mounted or attached to a building or other structure. B. Where Allowed 1. Small wind energy conversion systems are allowed as of right as an accessory use in all zoning districts except as otherwise expressly stated. 2. Only one ground-mounted small wind energy conversion system is allowed per lot, provided that up to 3 ground- mounted small wind energy conversion systems may be allowed on a single lot if approved through the conditional use process. Multiple ground-mounted small wind energy systems may not be approved on R-zoned lots of less than 80,000 square feet in area. C. Location, Setbacks and Height 1. Small wind energy conversion systems may not be located in required building setbacks or within drainage, utility or other established easements. 2. No portion of a system may extend on or over a property line. Blades may not extend over driveways, parking areas, sidewalks or trails. 3. The lowest point of any moving elements, such as blades or vanes, must be at least 20 feet above the ground beneath such feature. 4. All power transmission and telemetry lines from the tower to any building or other structure must be placed underground. 5. Small wind energy conversion systems must comply with the height limits of the subject zoning district, provided that systems may exceed zoning district height limits by up to 33% if the system is setback from all property lines by a distance at least equal to the overall height of the system, measured from existing grade to the highest point of the system structure, which includes the tip of the top blade when the blade is in its highest position. A small wind energy conversion system that exceeds the maximum height allowed in the subject zoning district by more than 33% may be approved through the conditional use procedure of 20.85.070. ---PAGE BREAK--- D. Operational and Performance Standards 1. Operational noise may not exceed 55dBH at the property line except during shortterm high wind speed events such as storms. 2. All systems must be equipped with manual and automatic (mechanical or electrical) over-speed controls to limit the blade rotation speed to within the design limits of the system. 3. The rotating turbine may not produce vibrations that are perceptible to humans standing at ground level outside the property lines of the subject site. 4. Towers, rotors and turbines may not be illuminated unless required by a state or federal agency, such as the FAA. E. Design 1. Lattice type towers and towers using guy wires are prohibited. 2. All structures and equipment must maintain factory colors or be finished in a nonreflective, matte finished, neutral color. 3. No commercial messages may be placed or painted on the tower, rotor, turbine, generator or tail vane that is legible from off-site. This provision is not intended to prohibit warning signs or manufacturer’s logos. 4. All climbing pegs, ladders and similar apparatus on freestanding towers must be located at least 12 feet above the ground at the base of the structure. F. Building and Electrical Codes Small wind energy conversion systems are subject to Missoula building and electrical codes. G. Required Information The following information must be submitted with a zoning compliance permit (or conditional use) application for a wind energy conversion system: 1. A description of the system, including its maximum power-rated output capacity. 2. The make, model, an illustrative photograph or brochure, manufacturer’s specifications including noise data (decibels) for the proposed wind energy conversion system, the support structure, and method of attachment to the ground and/or structure. 3. Elevation drawing of the wind energy conversion system showing total height, turbine dimensions, tower and turbine colors, distance between ground and lowest point of any blade, and if proposed, the location of climbing apparatus. 4. If the wind energy conversion system is not certified as meeting the IEEE 1547 standards (Institute of Electrical and Electronic Engineers), then an assessment of potential electromagnetic interference with microwave, radio, television, personal communication systems and other wireless communication is required (from an electrical engineer). H. Abandonment Any wind energy conversion system that is not operated for a continuous period of 12 months or more or that is in an obvious state of disrepair and a threat to public safety will be deemed abandoned and must be dismantled and removed by the property owner.