The development and execution of this article is based upon
the division of the Village of Brandon into districts, within which
districts the use of land and buildings, and bulk and location of
buildings and structures in relation to the land, are mutually compatible
and substantially uniform. However, there are certain uses which,
because of their unique characteristics, cannot be properly classified
as unrestricted permitted uses in any particular district or districts,
without consideration, in each case, of the impact of those uses upon
neighboring land or public facilities, and of the public need for
the particular use of a particular location. Such uses, nevertheless,
may be necessary or desirable to be allowed in a particular district,
provided that due consideration is given to location, development
and operation of such uses. Such uses are classified as conditional
uses.
A.
The Village Board hereby authorizes the Zoning Administrator to issue
a conditional use permit after review, public hearing, and approval
from the Village Board, provided that such conditional use and involved
structure(s) are found to be in accordance with the purpose and intent
of this Zoning Code and are further found to be not hazardous, harmful,
offensive or otherwise adverse to the environment or the value of
the neighborhood or the community. The Village Board in its findings
shall further specify the delimiting reason(s) or factors which resulted
in issuing a permit for a conditional use. Such Board action, and
the resulting conditional use permit, shall specify the period of
time for which effective, if specified, the name of the permittee,
the location and legal description of the affected premises. Prior
to the granting of a conditional use, the Village Board shall make
findings based upon the evidence presented that the standards herein
prescribed are being complied with.
B.
Conditions such as landscaping, architectural design, type of construction,
construction commencement and completion dates, sureties, lighting,
fencing, planting screens, operation control, hours of operation,
improved traffic circulation, deed restrictions, highway access restrictions,
increased yards or parking requirements may be required by the Village
Board upon its finding that these are necessary to fulfill the purpose
and intent of this chapter.
C.
Compliance with all other provisions of this chapter, such as lot
width and area, yards, height, parking, loading, traffic, highway
access and performance standards, shall be required of all conditional
uses.
Any person, firm, corporation or organization having a freehold
interest or a possessory interest entitled to exclusive possession,
or a contractual interest which may become a freehold interest, or
an exclusive possessory interest, and which is specifically enforceable
in the land for which a conditional use is sought, may file an application
to use such land for one or more of the conditional uses provided
for in this article in the zoning district in which such land is located.
An application for a conditional use shall be filed on a form prescribed by the Village. The application shall be accompanied by a plan showing the location, size and shape of the lot(s) involved and of any proposed structures, the existing and proposed use of each structure and lot, and shall include a statement, in writing, by the applicant and adequate evidence showing that the proposed conditional use shall conform to the standards set forth in § 485-30 hereinafter. The Village Board may require such other information as may be necessary to determine and provide for enforcement of this chapter, including a plan showing contours and soil types; high-water mark and groundwater conditions; bedrock, vegetative cover, specifications for areas of proposed filling, grading, and lagooning; location of buildings, parking areas, traffic access, driveways, walkways, open spaces and landscaping; plans of buildings, sewage disposal facilities, water supply systems and arrangements of operations.
All requests for conditional uses shall be to the Village Board or the Village Board can, on its own motion, apply conditional uses when applications for rezoning come before it. Upon receipt of the application and statement referred to in § 485-27 above, the Village Board shall hold a public hearing on each application for a conditional use at such time and place as shall be established by the Board. The hearing shall be conducted and a record of the proceedings shall be preserved in such a manner and according to such procedures as the Village Board shall, by rule, prescribe from time to time.
Notice of the time, place and purpose of such hearing shall
be given by publication of a Class 2 notice under the Wisconsin Statutes.
Notice of the time, place and purpose of such public hearing shall
also be sent to the applicant, the Zoning Administrator, members of
the Village Board, and the owners of record as listed in the office
of the Village Assessor who are owners of property in whole or in
part situated within 100 feet of the boundaries of the properties
affected, said notice to be sent at least 10 days prior to the date
of such public hearing. The Village Board shall, within 45 days after
a matter has been referred to it, take formal action.
A.
Standards.
(1)
No
application for a conditional use shall be granted by the Village
Board unless the Board shall find that all of the following conditions
are present:
(a)
The establishment, maintenance or operation of the conditional
use will not be detrimental to or endanger the public health, safety,
morals, comfort or general welfare.
(b)
The uses, values and enjoyment of other property in the neighborhood
for purposes already permitted shall be in no foreseeable manner substantially
impaired or diminished by the establishment, maintenance or operation
of the conditional use and the proposed use is compatible with the
use of adjacent land.
(c)
The establishment of the conditional use will not impede the
normal and orderly development and improvement of the surrounding
property for uses permitted in the district.
(d)
Adequate utilities, access roads, drainage and other necessary
site improvements have been or are being provided.
(e)
Adequate measures have been or will be taken to provide ingress
and egress so designed as to minimize traffic congestion in the public
streets.
(f)
The conditional use shall, except for yard requirements, conform
to all applicable regulations of the district in which it is located.
(g)
The proposed use does not violate floodplain regulations governing
the site.
(h)
Adequate measures have been or will be taken to prevent and
control water pollution, including sedimentation, erosion and runoff.
(2)
When
applying the above standards to any new construction of a building
or an addition to an existing building, the Village Board shall bear
in mind the statement of purpose for the zoning district, such that
the proposed building or addition at its location does not defeat
the purposes and objective of the zoning district.
B.
Additional considerations. In addition, in passing upon a conditional
use permit, the Village Board shall also evaluate:
(2)
The location of the site with respect to floodplains and floodways
of rivers and streams.
(3)
The erosion potential of the site based upon degree and direction
of slope, soil type and vegetative cover.
(4)
The location of the site with respect to existing or future access
roads.
(5)
Its compatibility with uses on adjacent land.
(6)
The amount of liquid wastes to be generated and the adequacy of the
proposed disposal systems.
When a conditional use application is denied by the Village
Board, the Village Board shall furnish the applicant, in writing when
so requested, those standards that are not met and enumerate reasons
the Village Board has used in determining that each standard was not
met.
The following conditions shall apply to all conditional uses:
A.
Conditions. Prior to the granting of any conditional use, the Village Board may stipulate such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the conditional use as deemed necessary to promote the public health, safety and general welfare of the community, and to secure compliance with the standards and requirements specified in § 485-30 above. In all cases in which conditional uses are granted, the Village Board shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. Such conditions may include specifications for, without limitation because of specific enumeration:
(1)
Landscaping;
(2)
Type of construction;
(3)
Construction commencement and completion dates;
(4)
Sureties;
(5)
Lighting;
(6)
Fencing;
(7)
Operational control;
(8)
Hours of operation;
(9)
Traffic circulation;
(10)
Deed restrictions;
(11)
Access restrictions;
(12)
Setbacks and yards;
(13)
Specified sewage disposal and water supply systems;
(14)
Planting screens;
(15)
Increased parking; or
(16)
Any other requirements necessary to fulfill the purpose and
intent of this chapter.
B.
Site review. In making its decision, the Village Board shall evaluate
each application and may request assistance from any source which
can provide technical assistance. The Village Board may review the
site, existing and proposed structures, architectural plans, neighboring
uses, parking areas, driveway locations, highway access, traffic generation
and circulation, drainage, sewerage and water systems and the proposed
operation/use.
C.
Alteration of conditional use. No alteration of a conditional use
shall be permitted unless approved by the Village Board.
D.
Architectural treatment. Proposed architectural treatment will be
in general harmony with surrounding uses and the landscape. To this
end, the Village Board may require the use of certain general types
of exterior construction materials.
E.
Sloped sites; unsuitable soils. Where slopes exceed 6% and/or where
a use is proposed to be located on areas indicated as having soils
that are unsuitable or marginal for development, on-site soil tests
and/or construction plans shall be provided that clearly indicate
that the soil conditions are adequate to accommodate the development
contemplated and/or that any inherent soil condition or slope problems
will be overcome by special construction techniques. Such special
construction might include, among other techniques, terracing, retaining
walls, oversized foundations and footings, drain tile, etc.
F.
Conditional uses to comply with other requirements. Conditional uses
shall comply with all other provisions of this chapter except as noted
herein.
Where a conditional use application has been approved or conditionally
approved, such approval shall become null and void within 24 months
of the date of the approval unless the use is commenced, construction
is underway or the current owner possesses a valid building contract
under which construction is commenced within six months of the date
of issuance and is being diligently prosecuted. Approximately 45 days
prior to the automatic revocation of such permit, the Zoning Administrator
shall notify the holder by certified mail of such revocation. The
Village Board may extend such permit for a period of 90 days for justifiable
cause, if application is made to the Village Board at least 30 days
before the expiration of said permit.
The Village Board shall retain continuing jurisdiction over all conditional uses for the purpose of resolving complaints against all previously approved conditional uses. Such authority shall be in addition to the enforcement authority of the Zoning Administrator to order the removal or discontinuance of any unauthorized alterations of an approved conditional use; the elimination, removal or discontinuance of any violation of a condition imposed prior to approval; or violation of any other provision of this Code. Upon written complaint by any citizen or official, the Village Board shall initially determine whether said complaint indicates a reasonable probability that the subject conditional use is in violation of either one or more of the standards set forth in § 485-30 above, a condition of approval or other requirement imposed hereunder. Upon reaching a positive initial determination, a hearing shall be held upon notice as provided in § 485-29 above. Any person may appear at such hearing and testify in person or be represented by an agent or attorney. The Village Board may, in order to bring the subject conditional use into compliance with the standards set forth in § 485-30 or conditions previously imposed by the Village Board, modify existing conditions upon such use and impose additional reasonable conditions upon the subject conditional use. In the event that no reasonable modification of such conditional use can be made in order to assure that standards in § 485-30A(1)(a) and (b) will be met, the Village Board may revoke the subject conditional approval and direct the Zoning Administrator and the Village Attorney to seek elimination of the subject use. Following any such hearing, the decision of the Village Board shall be furnished to the current owner of the conditional use in writing stating the reasons therefor.
A.
As conditional use. Bed-and-breakfast establishments shall be considered
conditional uses and may be permitted in the R-1, R-2 and R-3 Residence
Districts pursuant to this article.
B.
Definition. "Bed and breakfast establishment" means any place of
lodging that provides eight or fewer rooms for rent to no more than
a total of 20 tourists or other transients for more than 10 nights
in a twelve-month period, is the owner’s personal residence,
is occupied by the owner at the time of rental, and in which the only
meal served to guests is breakfast.[1]
C.
State standards. Bed-and-breakfast establishments shall comply with
the standards of Ch. DHS 197, Wis. Adm. Code.
A.
Intent. The intent of this section is to provide a means to accommodate
a small family home-based business or professional home office as
a conditional use without the necessity of a rezone into a commercial
district. Approval of an expansion of a limited family business or
home occupation at a future time beyond the limitations of this section
is not to be anticipated; relocation of the business to an area that
is appropriately zoned may be necessary.
B.
Restrictions on home occupations. Except as provided in the permitted use exception in Subsection C below, occupations are a conditional use in all residential districts and are subject to the requirements of the district in which the use is located, in addition to the following:
(1)
The home occupation shall be conducted only within the enclosed area
of the dwelling unit or an attached garage.
(2)
There shall be no exterior alterations which change the character
thereof as a dwelling and/or exterior evidence of the home occupation
other than those signs permitted in the district.
(3)
No storage or display of materials, goods, supplies or equipment
related to the operation of the home occupation shall be visible outside
any structure located on the premises.
(4)
No use shall create smoke, odor, glare, noise, dust, vibration, fire
hazard, small electrical interference or any other nuisance not normally
associated with the average residential use in the district.
(5)
Only one sign may be used to indicate the type of occupation or business.
Such sign shall not be illuminated and shall comply with district
sign regulations.
(6)
The use shall not involve the use of commercial vehicles for more
than occasional delivery of materials to or from the premises.
(7)
The Village Board may determine the percentage of the property that
may be devoted to the occupation, but shall not exceed 30%.
(8)
The home occupation is restricted to a service-oriented business;
the manufacturing of items or products or the sale of items or products
on the premises is prohibited.
(9)
The types and number of equipment or machinery may be restricted
by the Village Board.
(10)
Sale or transfer of the property shall cause the conditional
use permit to be null and void.
(11)
Under no circumstances shall a vehicle repair or body work business
qualify as a home occupation.
(12)
No more than one nonresident employee may be employed at the
home occupation.
C.
Permitted use exception. A home occupation under this section may be maintained in any residential district as a permitted use, as opposed to a conditional use, if the standards of Subsection B above are complied with and no sign is erected or maintained regarding the home occupation, no more than one nonresident person works on the premises, no customers regularly come to the house, and the business is service-oriented and not engaged in retail trade.
All campgrounds shall be conditional uses in the R-3 Residential
District and C-1 Conservancy Districts and shall conform to the following
standards:[1]
A.
The minimum size of any campground shall be two acres in gross area.
B.
The maximum number of travel trailers or campsites shall be 15 per
acre as computed from the gross area of the park or campground, and
in no case shall the square feet of each site be less than 3,000 square
feet.
C.
Before beginning operation of any camp, 50% of the sites and 100%
of the facilities shall be completed.
D.
All campgrounds shall have a boundary zone of 40 feet between any
campsite and any lot line.
E.
The minimum width of roads within a campground shall be 30 feet.
F.
All access roads to and from the campgrounds shall be well-lighted
and hard-surfaced with bituminous concrete or equal materials.
G.
Every campground shall conform to all applicable state law until
it is amended and then apply as amended.
H.
All wiring within a camp must conform to state electrical codes.
I.
Designated spots on each site will be marked or constructed for outside
cooking or the building of campfires, and no fires will be allowed
outside of these designated areas.
A.
Intent.
(1)
The planned unit development conditional use is intended to permit
developments that will, over a period of time, be enhanced by coordinated
area site planning, diversified location of structures and supporting
facilities. Such developments are intended to provide a safe and efficient
system for pedestrian and vehicle traffic; to provide attractive recreation
and open spaces as integral parts of the developments; to enable economic
design in the location of public and private utilities and community
facilities; and to ensure adequate standards of construction and planning.
The planned unit development under this chapter will allow for flexibility
of overall development design with benefits from such design flexibility
intended to be derived by both the developer and the community, while,
at the same time, maintaining the land use density and other standards
or use requirements as set forth in the underlying basic zoning district.
(2)
The unified and planned development of a site in a single, partnership or corporate ownership or control or in common ownership under the Unit Ownership Act set forth in Chapter 703, Wis. Stats., (condominiums) may be permitted by the Village upon specific petition under Subsection G and after public hearing, with such development encompassing one or more principal uses or structures and related accessory uses or structures when all regulations and standards as set forth in this section have been met.
B.
Types of planned unit developments. This article contemplates that
there may be residential, commercial or industrial planned unit developments.
C.
General requirements for planned unit developments. A planned unit
development shall be consistent in all respects with the expressed
intent of this article and with the spirit and intent of this chapter;
shall be in conformity with the adopted Comprehensive Plan, neighborhood
plan or any adopted component thereof; and shall not be contrary to
the general welfare and economic prosperity of the community.[1]
D.
Physical requirements for planned unit developments.
(1)
Minimum area requirements. Areas designated as planned unit developments
shall contain a minimum development area as follows:
|
Principal Uses
|
Minimum Area of PUD
(acres)
| |
|---|---|---|
|
Residential PUD
|
3
| |
|
Commercial PUD
|
5
| |
|
Industrial PUD
|
10
|
(2)
Density requirements (lot area, width and yard requirements). The
district area, width and yard requirements of the basic use district
may be modified; however, in no case shall the average density in
a residential district exceed the number of dwelling units that would
have been permitted if the planned unit development regulations had
not been utilized.
(4)
Single parcel, lot or tract. The planned unit development shall be
considered as one tract, lot or parcel, and the legal description
must define said PUD as a single parcel, lot or tract and be so recorded
with the County Register of Deeds.
E.
Requirements as to public services and facilities.
(1)
The development site shall be provided with adequate drainage facilities
for surface water and stormwater.
(2)
The site will be accessible from public roads that are adequate to
carry the traffic that can be expected to be generated by the development.
(3)
No undue constraint or burden shall be imposed on public services
and facilities, such as fire and police protection, street maintenance,
water, sanitary sewer and storm drainage, and maintenance of public
areas, by the development.
(4)
The streets and driveways on the site of the development shall be
adequate to serve the residents of the development and, in the case
of public dedicated streets, will meet the minimum standards of all
applicable ordinances or administrative regulations of the Village.
(5)
Public water and sewer facilities shall be provided.
F.
Subsequent land division. The division of any land or lands within
a planned unit development for the purpose of change or conveyance
of ownership may be accomplished pursuant to the land division/subdivision
regulations of the Village when such division is contemplated.
G.
Procedural requirements for planned unit developments.
(1)
Pre-petition conference. Prior to the official submission of the
petition for the approval of a planned unit development, the owner
or his/her agent making such petition shall meet with the Village
Board or its staff to discuss the scope and proposed nature of the
contemplated development.
(2)
Petition for approval. Following the pre-petition conference, the
owner or his agent may file a petition with the Village Clerk for
approval of a planned unit development. Such petition shall be accompanied
by a review fee as set by the Village Board, as well as incorporate
the following information:[2]
(a)
Informational statement. A statement which sets forth the relationship
of the proposed PUD to the Village's adopted Comprehensive Plan, neighborhood
plan, or any adopted component thereof, and the general character
of and the uses to be included in the proposed PUD, including the
following information:
[1]
Total area to be included in the PUD, area of open space, residential
density computations, proposed number of dwelling units, population
analysis, availability of or requirements for municipal services and
other similar data pertinent to a comprehensive evaluation of the
proposed development.
[2]
A general summary of the estimated value of structures and site
improvement costs, including landscaping and special features.
[3]
A general outline of the organizational structure of a property
owners' or management association which may be proposed to be established
for the purpose of providing any necessary private services.
[4]
Any proposed departures from the standards of development as set forth in the Village zoning regulations, Chapter 477, Subdivision of Land, of the Code of the Village of Brandon, other Village regulations or administrative rules, or other universal guidelines.
[5]
The expected date of commencement of physical development as
set forth in the proposal and also an outline of any development staging
which is planned.
(b)
A general development plan, including:
[1]
A legal description of the boundaries of the subject property
included in the proposed PUD and its relationship to surrounding properties.
[2]
The location of public and private roads, driveways, sidewalks
and parking facilities.
[3]
The size, arrangement and location of any individual building
sites and proposed building groups on each individual site.
[4]
The location of institutional, recreational and open space areas
and areas reserved or dedicated for public uses, including schools,
parks and drainageways.
[5]
The type, size and location of all structures.
[6]
General landscape treatment.
[7]
The existing and proposed location of public sanitary sewer,
water supply facilities and stormwater drainage facilities.
[8]
The existing and proposed location of all private utilities
or other easements.
[9]
Existing topography on the site with contours at no greater
than two-foot intervals.
[10]
Anticipated uses of adjoining lands in regard
to roads, surface water drainage and compatibility with existing adjacent
land uses.
[11]
If the development is to be staged, a staging
plan.
[12]
A plan showing how the entire development can
be further subdivided in the future.
H.
Basis for approval of the petition for planned unit development.
(1)
Requirements. The Village Board, in making a determination approving
a petition for planned unit development, shall find as follows:
(2)
Proposed construction schedule. The Village Board, in making its
respective recommendation and determination, shall consider the reasonableness
of the proposed construction schedule and any staging plan for the
physical development of the proposed PUD, commencement of the physical
development within one year of approval being deemed reasonable.
(3)
Residential PUD considerations. The Village Board, in making its
respective recommendation and determination as to a proposed residential
planned unit development, shall further consider whether:
(a)
Such development will create an attractive residential environment
of sustained desirability and economic stability, including structures
in relation to terrain, consideration of safe pedestrian flow, ready
access to recreation space and coordination with overall plans for
the community.
(b)
The total net residential density within the planned unit development
will be compatible with the Village Comprehensive Plan, neighborhood
plan, or components thereof, and shall be compatible with the density
of the district wherein located.[3]
(c)
Structure types will be generally compatible with other structural
types permitted in the underlying basic use district. To this end,
structure type shall be limited as follows:
(d)
Provision has been made for the installation of adequate public
facilities and the continuing maintenance and operation of such facilities
if privately owned.
(e)
Provision has been made for adequate, continuing fire and police
protection.
(f)
The population density of the development will or will not have
an adverse effect upon the community's capacity to provide needed
school or other municipal service facilities.
(g)
Adequate guarantee is provided for permanent preservation of
open space areas as shown on the general development plan as approved
either by private reservation and maintenance or by dedication to
the public.
(4)
Commercial PUD considerations. The Village Board, in making its respective
recommendation and determination as to a proposed commercial planned
unit development, shall further consider whether:
(a)
The economic practicality of the proposed development can be
justified.
(b)
The proposed development will be served by off-street parking
and truck service facilities in accordance with this chapter.
(c)
The proposed development shall be adequately provided with,
and shall not impose any undue burden on, public services and facilities,
such as fire and police protection, street maintenance, water, sanitary
sewer and stormwater drainage and maintenance of public areas.
(d)
The locations of entrances and exists have been designated to
prevent unnecessary interference with the safe and efficient movement
of traffic on surrounding streets and the development will not create
any adverse effect upon the general traffic pattern of the surrounding
neighborhood.
(e)
The architectural design, landscaping, control of lighting and
general site development will result in an attractive and harmonious
service area compatible with and not adversely affecting the property
values of the surrounding neighborhood.
(5)
Industrial PUD considerations. The Village Board, in making its respective
recommendations and determination as to a proposed industrial planned
unit development, shall further consider whether:
(a)
The operational character and physical plant arrangement of
buildings will be compatible with the latest in performance standards
and industrial development design and will not result in an adverse
effect upon the property values of the surrounding neighborhood.
(b)
The proposed development shall be adequately provided with and
shall not impose any undue burden on public services and facilities,
such as fire and police protection, street maintenance, water, sanitary
sewer and stormwater drainage and maintenance of public areas.
(c)
The proposed development will include provision for off-street
parking and truck service areas in accordance with this chapter and
will be adequately served by easy-access rail and/or arterial highway
facilities.
(d)
The proposed development is properly related to the total transportation
system of the community and will not result in an adverse effect on
the safety and efficiency of the public streets.
I.
Determination of disposition of the petition.
(1)
General. The Village Board, following public hearing thereon and
after due consideration, shall either deny the petition, approve the
petition as submitted or approve the petition subject to any additional
conditions and restrictions the Village Board may impose.
(2)
Approval. The general and detailed approvals of a planned unit development
shall be based on and include, as conditions thereto, the building,
site and operational plans for the development as approved by the
Village Board.
(a)
General approval. The general development plan submitted with
the PUD application need not necessarily be completely detailed at
the time of petition provided it is in sufficient detail to satisfy
the Village Board as to the general character, scope and appearance
of the proposed development. Such plan shall designate the pattern
of proposed streets and the size and arrangement of individual buildings
and building sites. The approval of such general development plan,
by way of approval of the petition, shall be conditioned upon the
subsequent submittal and approval of more specific and detailed plans
as each stage of development progresses.
(b)
Detailed approval. Detail plans must be furnished to the Village
Board for its consideration, and the detailed approval by the Village
Board of any part or stage of the proposed development shall be required
before construction of such part or stage of the development may be
commenced. Before plans submitted for detailed approval within the
corporate limits will be approved, the petitioner shall give satisfactory
proof that he has contracted to install all improvements or file a
performance bond insuring that such improvements will be installed
within the time required by the Village Board.
(3)
Changes and additions. Any subsequent substantial change or addition
to the plans or uses shall be submitted for approval to the Village
Board and if, in the opinion of the Village Board, such change or
addition constitutes a substantial alteration of the original plan,
it shall schedule an additional public hearing in which event the
Village Board shall schedule a notice of public hearing as for the
original petition. Following such public hearing, the Village Board
shall deny, approve or approve the same subject to any additional
conditions and restrictions it may impose.
A.
Permit required.
(1)
Approval required. No owner shall, within the Village, build, construct,
use or place any type or kind of wind energy system without holding
the appropriate conditional use permit for said system.
(2)
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.
(3)
Basis of approval. The Village 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 Village 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 the Zoning Code.
(4)
Definition. "Wind energy system" shall mean windmills which are used
to produce electrical or mechanical power.
B.
Specific requirements regarding wind energy systems.[1]
(1)
Additional standards. Wind energy systems, commonly referred to as
"windmills," which are used to produce electrical power, shall also
satisfy the requirements of this section in addition to those found
elsewhere in this article.
(2)
Application. Applications for the erection of a wind energy system
shall be accompanied by a plat of survey for the property to be served
showing the location of the generating facility and the means by which
the facility will provide power to structures. If the system is intended
to provide power to more than one premises, the plat of survey shall
show all properties to be served and the means of connection to the
wind energy system. A copy of all agreements with system users off
the premises shall accompany the application. The application shall
further indicate the level of noise to be generated by the system
and provide assurances as to the safety features of the system. Energy
easements shall accompany the application.
(3)
Construction. Wind energy systems shall be constructed and anchored
in such a manner to withstand wind pressure of not less than 40 pounds
per square foot in area.
(4)
Noise. The maximum level of noise permitted to be generated by a
wind energy system shall be 50 decibels, as measured on a dB(A) scale,
measured at the lot line.
(5)
Electromagnetic interference. Wind energy system generators and alternators
shall be filtered and/or shielded so as to prevent the emission of
radio-frequency energy that would cause any harmful interference with
radio and/or television broadcasting or reception. In the event that
harmful interference is caused subsequent to the granting of a conditional
use permit, the operator of the wind energy system shall promptly
take steps to eliminate the harmful interference in accordance with
Federal Communications Commission regulations.
(6)
Location and height. Wind energy systems shall be located in the
rear yard only and shall meet all setback and yard requirements for
the district in which they are located and, in addition, shall be
located not closer to a property boundary than a distance equal to
their height. Wind energy systems are exempt from the height requirements
of this chapter; however, all such systems over 75 feet in height
shall submit plans to the Federal Aviation Administration (FAA) to
determine whether the system is to be considered an object affecting
navigable air space and subject to FAA restrictions. A copy of any
FAA restrictions imposed shall be included as a part of the wind energy
system conditional use permit application.
(7)
Fence required. All wind energy systems shall be surrounded by a
security fence not less than six feet in height. A sign shall be posted
on the fence warning of high voltages.
(8)
Utility company notification. The appropriate electric power company
shall be notified, in writing, of any proposed interface with that
company's grid prior to installing said interface. Copies of comments
by the appropriate utility company shall accompany and be part of
the application for a conditional use permit.
