INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

Portland Land Use Code

Citation
Portland Land Use Code
Parent Document
Portland Land Use Code
Jurisdiction
Portland (municipal)

Other Sections in This Document (765)

Full Text

3,943 chars
D. Siting and placement                                           marked with visible, reflective, colored
   1.   No wind energy system shall be located                    objects, such as flags, reflectors, or tape,
        within 250 feet of any significant wildlife               which shall be placed on the anchor points
        habitat, as defined by the Maine                          of guy wires and along the guy wires up to
        Department of Environmental                               a height of ten feet from the ground.
        Protection/Maine Department of Inland                5.   Ground-mounted wind energy systems
        Fisheries and Wildlife under provisions of                shall be located away from and screened
        the Natural Resources Protection Act (38                  from public ways and nearby
        M.R.S. § 480 et seq.) including wildlife                  residential/institutional uses to the extent
        habitat for species appearing on the official             possible and shall be designed to minimize
        state and federal list of endangered or                   impacts on significant scenic views.
        threatened animal species.                      E.   Illumination and signs
   2.   For all major and minor wind energy                  1.   No part of the system may be illuminated,
        systems, or any system over 100kW,                        except as required by the Federal Aviation
        evidence shall be provided that the                       Administration (FAA) or other authorities
        Environmental Coordinator of the Maine                    for safety and security purposes. Where
        Department of Inland Fisheries and                        lighting is required, it shall be at the lowest
        Wildlife and the Maine Natural Area                       intensity allowable with fixtures shielded
        Program have been notified of the                         and directed to minimize glare and visibility
        location, height, and design of the                       from the ground.
        proposed wind energy system at least                 2.   There shall be no signs, advertisements,
        three weeks prior to any final                            flags, or decorative items on a wind energy
        determination under this subsection. Any                  system or any associated facilities, except
        comments received therefrom shall be                      for the manufacturer’s/installer’s/owner’s
        addressed to the satisfaction of these state              identification (not exceeding one square
        authorities prior to any final determination              feet in size), appropriate warning signs, or
        under this provision.                                     lights if required by the FAA.
   3.   The support structure (e.g. tower, pole)
        for ground-mounted wind generating              6.5 CONDITIONAL USES
        systems shall not be climbable for a            6.5.1 Conditional use review procedure
        minimum height of 12 feet above the             A. Review authority. The Zoning Board of
        surrounding ground level. All ground-                Appeals shall review all conditional use
        mounted electrical and control equipment             applications, with the exception that the
        shall be labeled and secured to prevent              Planning Board shall review all conditional use
        unauthorized access.                                 applications associated with projects that are
   4.   The use of guy wires is discouraged. If            otherwise before the Planning Board.
        required, they shall be located away from       B. Application. Applications for conditional use
        pedestrian routes/access points and                  review shall be submitted to the Building CITY OF PORTLAND LAND USE CODE | 6-25 USE STANDARDS