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Ordinance No . x+027
AN ORDINANCE OF THE COUNTY OF BUTTE
ADDING SECTION 24-301, ENTITLED "WIND TURBINES,"
TO CHAPTER 24, ENTITLED "~ONxNG,"
OF THE BUTTE COUNTY CODE
The Board of Supervisors of the County of Butte ordains as
follows:
Section 1. Chapter 24-301 is added to the Butte County Code as
follows:
24-301 Wind Turbines
a) Purpose and Intent. The purpose and intent of this section
is to establish procedures and standards applicable to the
development of wind turbines in order to promote clean sources
of energy which are compatible with. ].and uses an the vacanaty.
b) Applicability. The provisions of this section shall apply
to all structures operated far the generation of wind energy.
c) Definitions. The following definitions shall apply in
connection with the interpretation and application of this
section:
1) Wand Turbine, Large. Any wind energy conversion
system that as not classified as a Small Wind Turbine.
~' 2) Wind Turbine, Small. Wind turbines rated 20kW or less
that will be used primarily to reduce onsite consumption of
utility power.
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d) Permitting Requirements.
1) Wind turbines shall not be permitted on land within the
following locations:
{a} City Spheres of Influence, unless permitted by
the City.
{b) Airport Land Use Compatibility Zones.
{c) Conservation, open space easements, or agriculture
easements which do not a11ow wind turbines or wind energy
conversion systems.
{d) Alquist Priolo Earthquake Fault Zones.
2) Wind turbines shall not be permitted on land within
1,000 feet of the following:
{a} A residence, excepting residences on the same
parcel and residences owned by the appl icant.
{b) The SR, MHP, R-1 to R-4, SH, PUD, RN, or RT zones.
(c) A property listed on the National Register of
Historic Places or the California Register of Historical
Resources.
{d) Designated scenic resources.
3) All wind turbines are subject to the following land use
permitting requirements in specified zoning districts, in
addition to all applicable requirements of this Chapter.
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Zoning Distr ict
A, TPZ, M- L-l, C-1, AR, FR, SR, MHP,
1, M-2, C-2, C-C, MR, TM, U, R-1 to R-
P-Q, R-P N-C, H-C, 4, SH,
P-Q PUD, RN,
RT,
Large Wind UP UP UP Not
Turbine allowed
Small Wind MUP MUP MUP Not
Turbine allowed
e) Wind Turbines-General Requirements. The following
requirements shall apply to both small and large wind turbines:
(1) Wind turbines shall be painted a neutral, non-
reflective color.
(2) Power lines shall be placed underground when feasible.
(3) All facilities shall meet the following minimum
setbacks:
a. All new facilities shall be located so that the
distance from the base of the facility to the parcel boundary is
equal to or greater than the height of the facility, except
where facilities are located in Agricultural Zones (A-5 through
A-160) and one of the following circumstances apply:
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1. The wind turbine is adjacent to an existing
structure such as a barn, rice dryer, or other facility such
that the facility will blend with the surrounding area; or
2. The adjacent property owner(s) consent in
writing to a lesser distance.
b. Where facilities are located in Agricultural Zones
(A-5 through A-160) and one of the specified circumstances
apply, the facility shall demonstrate the minimum setback
distance required by the zone.
(4) Appropriate warning signs, no larger than 4 square
feet, shall be placed on or near wind turbines. Wind turbines
and related equipment will not be used to advertise or promote
any product or service.
(5) Noise levels resulting from normal operation of a wind
turbine shall not exceed 45 decibels as measured at the nearest
property line. Applications for wind turbines shall submit noise
specifications and/or noise studies demonstrating that operation
of the wind system will not exceed 45 decibels as measured at
the nearest property line.
(6) Wind turbines shall be placed and oriented to avoid
casting a shadow or causing `flicker' on any off-site structure.
(7) Wind turbines shall be removed if they remain
inoperable far 12 consecutive months. After 12 months of
nonuse, wind turbines are subject to code enforcement actions.
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(8) Wind turbines sha11 not be placed an parcels less than
one acre in size.
f) Small Wind Turbines--Requirements. Small wind turbines
shall comply with Wind Turbines-General Requirements noted in
24-301(e) above, as well as the following:
(1} Small wind turbines shall be designed and appropriately
sized to serve the needs of the use on the site.
(2} The maximum height of small wind turbine towers shall be:
a. 60 feet on parcels less than 5 acres in size.
b. 80 feet on parcels 5 acres ox greater
"Tower height" means the height above grade of the fixed portion
of the tower, excluding the wind turbine.
Section 2. Severability. If any provision of this Ordinance or
the application thereof to any person ar circumstances is for
any reason held to be invalid by a court of competent
jurisdiction, such provision shall be deemed severable and the
invalidity thereof sha11 not affect the remaining provisions ar
applications of the Ordinance which can be given effect without
the invalid provision or application thereof.
Section 3. Effective Date and Publication. This Ordinance shall
take effect thirty (30) days after the date of its passage. The
Clerk of the Board of Supervisors is authorized and directed,
before the expiration of fifteen (15) days after its passage, to
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publish this Ordinance once, with the names of the members of
the Board of Supervisors voting for and against it, in the
~pYarnri QP ~zP~~,-.~ , a newspaper published in the County of
Butte, State of California.
PASSED AND ADOPTED by the Board of Supervisors of the County of
Butte, State of California, on the 14tih day of December ,
2010, by the following vote:
AYES: Supervisors Dolan, Kirk, Lambert, Yamaguchi, and Chair Connelly
NOES : Nane
ABSENT : None
NOT VOTING : None
BILL CONNELLY, Ch r of the
Butte County Board of Supervisors
ATTEST:
PAUL HAHN, Chief Administrative
Officer and Clerk of the Board
By
G:IORpfNANC~I~nd Turbing ORirnance.fJOC