§ 74-460. Standards.

A wind energy system shall be a permitted use in all zoning districts subject to the following conditions:

(1)

Minimum lot size. No wind energy system shall be installed on any lot less than one acre in size with a maximum of one wind energy system per acre.

(2)

Vacant lots. No wind energy system shall be installed on any vacant lot.

(3)

Setbacks. Each wind energy system shall be set back a distance of least 1.5 times the total height of the wind energy system from; (a) public and private roads; (b) adjacent property lines; (c) the static line of vegetation of the Atlantic Ocean beach; and/or (d) the high water mark of Bogue Sound. Wind energy systems shall comply with state and federal requirements for setbacks from streams, creeks, branches, rivers, sounds, ponds and other surface waters.

(4)

Land locations only. Wind energy systems are permitted only on land and are not permitted within the waters of Bogue Sound or the Atlantic Ocean.

(5)

Appearance. Each wind energy system shall maintain a nonreflective finish neutral in color to reduce reflection and glare and to otherwise reduce visual obtrusiveness.

(6)

Signage and lighting. Signs, advertisements, flags, streamers and other decorative items shall be prohibited from a wind energy system. No lighting on the wind energy system shall be permitted unless required by FAA regulations.

(7)

Communications antenna. No communications antenna or arrangement of wires shall be installed or connected to the wind energy system.

(8)

Height. Not withstanding subsection 74-281(a) "Height of buildings" of the Code of Ordinances and for the purpose of facilitating alternative energy sources within the parameters of the ordinance from which this article derives, the total height of the wind energy system shall not exceed 50 feet measured from the original grade.

(9)

Clearance. The lowest point of a rotor blade or other movable part must be located at least 15 feet above ground level.

(10)

Power limit. A wind energy system shall not exceed a rated power of ten kilowatts.

(11)

Tower. If a tower is part of a wind energy system, it shall be a self-supporting tubular tower (monopole) or a self-supporting "lattice" tower.

(12)

Electrical wiring. If possible, all electrical interconnection or distribution lines shall be placed underground.

(13)

Noise limits. The aggregate noise or audible sound resulting from a wind energy system shall not exceed five decibels (dBA) above the existing average noise level of the surrounding area, measured at the property lines, and shall be restricted to a maximum of 45 decibels (dBA) measured at the property lines that contain the wind energy system.

(14)

Engineering, installation and compliance with regulations.

a.

A North Carolina licensed professional engineer shall sign and seal all structural plans for wind energy systems.

b.

The installation and design of all wind energy systems shall comply with applicable industry standards, and all electrical and mechanical components shall conform to relevant local, state and national codes.

c.

Wind energy systems shall meet all applicable FAA regulations.

d.

All wind energy systems shall be constructed with a sealed bearing system so as to not leak any lubricant into the environment.

e.

All wind energy systems shall be equipped with a disconnection means compliant with Article 705 of the National Electric Code.

(15)

High velocity winds. In the event that the National Weather Service issues a warning of high velocity winds in excess of 74 mph (i.e., hurricane force winds) for the Pine Knoll Shores area, the owner of a wind energy system shall have the system properly and safely secured. All applicable costs of safely securing the system shall be the responsibility of the owner of the wind energy system.

(Ord. No. 2009-03, § I, 3-10-2009)