16-7-2-11: SUPPORT FACILITIES:

   A.   Support facilities shall be of a color and construction that is compatible with surrounding development.

   B.   Support facilities shall not be more than four hundred (400) square feet of gross floor area and more than twelve feet (12') in height.

   C.   Setbacks for support facilities shall be the same as the setbacks required for other structures in the zoning district in which they are located. (Ord. 52-09, 10-19-2009)

16-7-2-12: REMOVAL OF COMMUNICATION TOWERS AND ANTENNAS:

   A.   The operator of a communication tower shall provide the city with a copy of any notice submitted to the FCC stating their intent to cease operations. The operator or the landowner shall have ninety (90) days from the last date of operations to remove the tower and support facilities.

   B.   Any antenna or communication tower that is not operated for a continuous period of twelve (12) months shall be considered abandoned, and the operator of such antenna or tower or the landowner shall remove the same within ninety (90) days of notice from the city to remove the tower or antenna. A maximum of two (2) 12-month extensions may be granted by the city planner if the tower operator is actively seeking tenants for the tower.

   C.   If the operator or landowner of a tower fails, after notice, to remove the tower, the city shall begin the civil citation process. (Ord. 52-09, 10-19-2009)

16-7-2-13: NONCONFORMING COMMUNICATION TOWERS AND ANTENNAS:

Any existing communication tower or antenna which becomes nonconforming on the effective date hereof or becomes nonconforming at any future date shall be regulated according to the rules set forth in chapter 4 of this title, except as follows:

   A.   New antennas and support facilities may be mounted on a nonconforming communication tower.

   B.   A nonconforming communication tower within one thousand feet (1,000') of a historic preservation district shall be considered a legal nonconforming tower. As such, the tower may remain until it has been abandoned.

   C.   Should any lawful nonconforming communication tower be destroyed by any means to an extent of more than seventy five percent (75%) of its replacement cost at the time of destruction, it may only be reconstructed in conformance with the provisions of this section 16-7-2, provided that the destruction was caused by an accident or act of God occurring after the adoption of this section 16-7-2 and such reconstruction does not increase the degree of nonconformity that existed prior to destruction. (Ord. 52-09, 10-19-2009)

16-7-2-14: SATELLITE DISH ANTENNA REGULATIONS:

Satellite dish antennas may be permitted as accessory uses provided a site plan is submitted and approved in accordance with chapter 12 of this title.

   A.   Not more than one ground mounted dish shall be placed on any lot less than one-half (1/2) acre; and

   B.   Dishes shall not exceed ten feet (10') in diameter; and

   C.   Dishes shall be made of noncombustible and corrosive resistant material and erected in a secure, wind resistant manner according to the specifications of the building official; and

   D.   Dishes shall not be used as signs or billboards (on or off premises signs); and

   E.   Ground mounted dishes shall only be permitted in rear yards, except that on corner lots dishes shall be allowed in side yards; and

   F.   Roof mounted satellite dishes shall be allowed in all nonresidential districts provided that the additional requirements shall apply:

      1.   The height does not exceed the maximum height restrictions of buildings within the zoning district; and

      2.   The dish location is a minimum of five feet (5') from any property line; and

      3.   In lieu of a site plan a building elevation drawing shall be required to indicate compliance with height and setback regulations; and

      4.   Shall not exceed either ten feet (10') in diameter for circular shapes or forty (40) square feet for other than circular shapes. (Ord. 52-09, 10-19-2009)

16-7-3: WIND ENERGY CONVERSION SYSTEMS:

16-7-3-1: PURPOSE:

In order to balance the need for clean, renewable energy resources and the necessity to protect the health, safety, sustainability and welfare of the community, the city finds these regulations are necessary to ensure that wind energy conversion systems are appropriately sited within the community. (Ord. 52-09, 10-19-2009)

16-7-3-2: DEFINITIONS:

For purposes of this section 16-7-3, the following terms shall have the meaning herein ascribed to them:

BUILDING MOUNTED WIND TURBINE (BMWT): A wind energy conversion system consisting of a wind turbine mounting system and associated control or conversion electronics and which is mounted to a building and intended to primarily reduce on site consumption of utility power.

COMMERCIAL WIND ENERGY CONVERSION SYSTEM (CWECS): An electrical generating facility comprised of one or more wind turbines and accessory facilities generating capacity, including, but not limited to: power lines, transformers, substations and meteorological towers that operate by converting the kinetic energy of wind into electrical energy. The energy generated will be used by a utility company for off site use.

FAA: Federal aviation administration.

FCC: Federal communications commission.

HUB HEIGHT: The distance from ground level as measured to the centerline of the rotor.

RESIDENTIAL WIND ENERGY CONVERSION SYSTEM (RWECS): A wind energy conversion system consisting of a wind turbine, tower, and associated control or conversion electronics, and which is intended to primarily reduce on site consumption of utility power. A system is considered a residential wind energy system only if it supplies electrical power solely for on site use, except that when a parcel on which the system is installed also receives electrical power supplied by a utility company, excess electrical power generated and not presently needed for on site use may be used by the utility company.

ROTOR DIAMETER: The diameter of the circle described by the moving rotor blades.

SMALL WIND ENERGY CONVERSION SYSTEM (SWECS): A wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics, and which will be used primarily to reduce on site consumption of utility power.

TOTAL HEIGHT: The highest point, above ground level, reached by a rotor tip or any other part of the wind energy conversion system.

TOWER HEIGHT: The height above grade of the fixed portion of the tower, excluding the wind turbine itself.

WIND ENERGY CONVERSION SYSTEM (WECS): An aggregation of parts including the base, tower, generator, rotor, blades, supports, guywires and accessory equipment such as utility interconnect and battery banks, etc., in such configuration as necessary to convert the power of wind into mechanical or electrical energy, e.g., wind charger, windmill or wind turbine.

WIND TURBINES: Any piece of electrical generating equipment that converts the kinetic energy of blowing wind into electrical energy using airfoils or similar devices to capture the wind. (Ord. 52-09, 10-19-2009)

16-7-3-3: RESIDENTIAL WIND ENERGY CONVERSION SYSTEMS (RWECS):

   A.   Siting And Construction Requirements: The requirements for siting and construction of all residential wind energy conversion systems regulated by this section shall include the following:

      1.   Wind energy towers shall to the extent possible blend into the surrounding environment and architecture, including painting to reduce visual obtrusiveness. The city planner may require a photo of an RWECS system of the same model that is the subject of the landowner's application adjacent to a building or some other object illustrating scale (e.g., manufacturer's photo).

      2.   RWECS shall not be artificially lighted unless required by the FAA or appropriate authority.

      3.   No tower should have any sign, writing, or picture that may be construed as advertising.

      4.   RWECS shall not exceed sixty (60) decibels, as measured at the closest property line. The level, however, may be exceeded during short term events such as utility outages and/or severe windstorms.

      5.   An RWECS shall be located on a parcel that is at least one acre in size.

      6.   The applicant shall provide evidence that the proposed height of the RWECS does not exceed the height recommended by the manufacturer or distributor of the system.

      7.   The applicant will provide information demonstrating that the system will be used primarily to offset on site consumption of electricity.

      8.   The minimum distance between the ground and any protruding blades utilized on an RWECS shall be twenty feet (20'), as measured at the lowest point on the arc of the blades. The supporting tower shall also be enclosed with a six foot (6') tall fence or the base of the tower shall not be climbable for a distance of twelve feet (12').

   B.   Compliance With FAA Regulations: An RWECS must comply with applicable regulations of the FAA, including any necessary approvals for installations close to airports.

   C.   Compliance With International Building Code: Building permit applications for an RWECS shall be accompanied by standard drawings of the wind turbine structure, including the tower base, and footings. An engineering analysis of the tower showing compliance with the international building code and certified by a professional engineer licensed in the state of Iowa shall also be submitted.

   D.   Compliance With National Electric Code: Building permit applications for an RWECS shall be accompanied by a line drawing of the electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the national electric code. This information may be supplied by the manufacturer.

   E.   Modifications: The requirements for siting and construction of an RWECS may be modified by special exception in accordance with section 16-8-7 of this title. (Ord. 52-09, 10-19-2009)