The State Public Service Commission is now responsible for promulgating
regulations for the installation and use of wind energy systems and,
per § 196.378(4g)(b), Wis. Stats., no political subdivision
may place any restriction, either directly or in effect, on the installation
or use of a wind energy system that is more restrictive than the rules
promulgated by the Commission. To the extent any provision in this
article is deemed unconstitutional or in violation of state law it
will not be enforced; all other provisions will be enforced in their
entirety.
A. Approval required.
(1) No owner shall, within the Town of Vinland on a nonagricultural parcel,
build, construct, use or place any type or kind of wind energy system
in any residential district without holding the appropriate conditional
use permit for said system.
(2) No wind energy system shall be erected in an agriculturally zoned
district unless such system is located a minimum of 100 feet from
a residential property line.
(3) A conditional use permit is not required to locate a wind energy system on all agriculturally zoned parcels; however, in such an instance, a permit, without a conditional use hearing, shall be obtained pursuant to §
410-81.
B. Separate permit required for each system. A separate conditional
use permit shall be required for each system. Said permit shall be
applicable solely to the systems, structures, use and property described
in the permit.
C. Basis of approval. The Town Board shall base its determinations on
general considerations as to the effect of such grant on the health,
general welfare, safety and economic prosperity of the Town and, specifically,
of the immediate neighborhood in which such use would be located,
including such considerations as the effect on the established character
and quality of the area, its physical attractiveness, the movement
of traffic, the demand for related services, the possible hazardous,
harmful, noxious, offensive or nuisance effect as a result of noise,
dust, smoke or odor, and such other factors as would be appropriate
to carry out the intent of this chapter.
D. Definitions. As used in this section, the following terms shall have
the meanings indicated: