(A) Purpose. The purpose of this section is to establish standards and procedures by which the installation and operation of wind energy conversion systems (WECS) shall be governed within the city.
(B) Application.
(1) Conditional use permit required.
(a) The erection of a wind energy conversion system shall require approval of a conditional use permit, according to Chapter 196 (Conditional Use Permits) of this title.
(b) Commercial wind energy conversion systems shall only be allowed as conditional uses within the A-1 Agricultural and RR Rural Residential Districts on lots at least 10 acres in area. The acreage restriction is required to protect WECS from encroachment by other uses or structures and to accommodate required setback between the WECS and property lines.
(c) Noncommercial wind energy conversion systems shall be allowed as conditional uses within the A-1 Agricultural, RR Rural Residential, B-2 Highway Business, I-1 Light Industrial, and POS Public and Open Space Zoning Districts of the city, subject to the regulations and requirements of this chapter, provided the property upon which the system is to be located is constructed and maintained on any parcel of at least two and one-half acres in size. The acreage restriction is required to protect WECS from encroachment by other uses or structures and to accommodate required setback between the WECS and property lines.
(d) Site plan drawing. All applications for a WECS conditional use permit shall be accompanied by a detailed site plan drawn to scale and dimensioned, displaying the information as specified in Chapter 199 (Site Plan Review) of this title including the following:
1. Location and height of all buildings, structures, aboveground utilities, and trees on the lot, including both existing and proposed structures and guy wire anchors.
2. Location and height of all adjacent buildings, structures, aboveground utilities, and trees located within 350 feet of the exterior boundaries of the property in question.
3. Sketch elevation drawing of the premises accurately depicting the proposed WECS and its relationship to structures on the subject site and adjacent lots.
4. A description of the project including: nameplate generating capacity, proposed tower height, and proposed rotor diameter.
5. Engineer’s certification of structure design, electrical design, and fall zone.
6. An elevation drawing of the premises accurately depicting the proposed WECS and its relationship to structures on the subject site and adjacent lots.
7. In addition, applications for commercial WECS shall include:
a. An FAA permit application, if required.
b. A decommissioning plan.
(e) Declaration of conditions. The Planning Commission may recommend and the City Council may impose such conditions on the granting of a WECS conditional use permit as may be necessary to carry out the purpose and provisions of this chapter.
(C) Code compliance.
(1) Compliance with State Building Code. Standard drawings of the structural components of the wind energy conversion system and support structures, including base and footings shall be provided along with engineering data and calculations to demonstrate compliance with the structural design provisions of the State Building Code. Drawings and engineering calculations shall be certified by a Minnesota licensed engineer.
(2) Compliance with National Electrical Code. WECS electrical equipment and connections shall be designed and installed in adherence to the National Electrical Code as adopted by the city.
(D) Warranty. Applicant shall provide documentation or other evidence from the dealer or manufacturer that the WECS has been successfully operated in atmospheric conditions similar to the conditions within Center City. The WECS shall be warranted against any system failures reasonably expected in severe weather operation conditions.
(E) Design standards.
(1) Heights. The permitted maximum height of a WECS shall be determined in 1 of 2 ways. In determining the height of the WECS the total height of the system shall be included. System height shall be measured from the base of the tower to the highest possible extension of the rotor.
(a) A ratio of 1 foot to 1 foot (1:1) between the distance of the closest property line to the base of the WECS to the height of the system.
(b) A maximum system height of 175 feet.
The shortest height of the 2 above mentioned methods shall be used in determining the maximum allowable height of a WECS system. The height of a WECS must also comply with FAA regulation part 77 “Objects Affecting Navigable Air Space” and/or MNDOT Rule 14, MCAR 1.3015 “Criteria for Determining Obstruction to Air Navigation.”
(2) Setbacks. No part of a WECS (including guy wire anchors) shall be located within or above any required front, side, or rear yard setback. WECS towers shall be setback from the closest property line 1 foot for every 1 foot of system height. WECS shall not be located within 30 feet of an aboveground utility line.
(3) Rotor size. All WECS rotors shall not have rotor diameters greater than 26 feet.
(4) Rotor clearance. Blade arcs created by the WECS shall have a minimum of 30 feet of clearance over any structure or tree within a 200-foot radius.
(5) Rotor safety. Each WECS shall be equipped with both a manual and automatic braking device capable of stopping the WECS operation in high winds (40 miles per hour or greater).
(6) Lightning protection. Each WECS shall be grounded to protect against natural lightning strikes in conformance with the National Electrical Code as adopted by the city.
(7) Tower access. To prevent unauthorized climbing, WECS towers must comply with one of the following provisions:
(a) Tower climbing apparatus shall not be located within 12 feet of the ground.
(b) A locked anti-climb device shall be installed on the tower.
(c) Towers capable of being climbed shall be enclosed by a locked, protective fence at least 6 feet high.
(8) Signs. WECS shall have 1 sign, not to exceed 2 square feet posted at the base of the tower and said sign shall contain the following information:
(a) Warning high voltage;
(b) Manufacturer’s name;
(c) Emergency phone number; and
(d) Emergency shutdown procedures.
(9) Lighting. WECS shall not have affixed or attached any lights, reflectors, flasher, or any other illumination, except for illumination devices required by FAA regulations part 77 “Objects Affecting Navigable Air Space” and FAA Advisory circular 70/7460-1F, September 1978 “Obstruction Marking and Lighting.”
(10) Electromagnetic interference. WECS shall be designed and constructed so as not to cause radio and television interference.
(11) Noise emission. Noises emanating from the operation of WECS shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota Regulations NPC 1 and 2, as amended.
(12) Utility company interconnection. No WECS shall be interconnected with a local electrical utility company until the utility company has reviewed and commented upon it. The interconnection of the WECS with the utility company shall adhere to the National Electrical Code as adopted by the city.
(F) Ornamental wind devices. Ornamental wind devices that are not a WECS shall be exempt from the provisions of this chapter and shall conform to other applicable provisions of this title.
(G) Inspection. The city hereby reserves the right upon issuing any WECS conditional use permit to inspect the premises on which the WECS is located. If a WECS is not maintained in operational condition and poses a potential safety hazard, the owner shall take expeditious action to correct the situation.
(H) Abandonment. Any WECS or tower which is not used for 6 successive months shall be deemed abandoned and shall be dismantled and removed from the property at the expense of the property owner.
(Ord. 2011-06-07A, passed 6-7-2011)