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A. Siting And Construction Requirements: The requirements for siting and construction of all small wind energy conversion systems regulated by this section shall include the following:
1. Small wind energy towers shall maintain a galvanized steel finish, unless FAA standards require otherwise, or if the owner is attempting to match the finish on the tower to the surrounding environment and architecture, in which case it may be painted to reduce visual obtrusion. The city planner may require a photo of an SWECS 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. An SWECS shall not be artificially lighted unless required by FAA or appropriate authority.
3. No tower should have any sign, writing, or picture that may be construed as advertising.
4. An SWECS 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. The applicant shall provide evidence that the proposed height of the SWECS tower does not exceed the height recommended by the manufacturer or distributor of the system.
6. The minimum distance between the ground and any protruding blades utilized on an SWECS shall be twenty feet (20'), as measured at the lowest point of the arc of the blades. No blades shall extend over parking areas, driveways or sidewalks. 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 SWECS 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 SWECS 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 licensed professional engineer shall also be submitted.
D. Compliance With National Electric Code: Building permit applications for an SWECS 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 SWECS may be modified by variance in accordance with section 16-8-6 of this title. (Ord. 52-09, 10-19-2009)
A. Siting And Construction Requirements And Application Information: A commercial wind energy conversion system shall be allowed only as a planned unit development district in accordance with section 16-5-24 of this title. The requirements and application information to be supplied for the siting and construction of all CWECS regulated by this section shall include the following:
1. The name(s) of project applicant.
2. The name of the project owner.
3. The legal description and address of the project.
4. A description of the project including number, type, name plate generating capacity, tower height, rotor diameter, and total height of all wind turbines and means of interconnecting with the electrical grid.
5. Site layout, including the location of property lines, wind turbines, feeder lines, and all related accessory structures. This site layout shall include distances and be drawn to scale.
6. Engineer's certification from an engineer certified by the state of Iowa.
7. Documentation of land ownership or legal control of the property.
8. The latitude and longitude of individual wind turbines.
9. A USGS topographical map, or map with similar data, of the property and surrounding area, including any other wind energy conversion system, within ten (10) rotor distances of the proposed CWECS not owned by the applicant.
10. Location of wetlands, scenic, and natural areas (including bluffs) within one thousand three hundred twenty feet (1,320') of the proposed CWECS.
11. An acoustical analysis that certifies that the noise requirements within this title can be met.
12. The applicant shall supply the emergency management agency and/or fire department with a basic emergency response plan.
13. FAA and FCC permit, if necessary. Applicant shall submit permit or evidence that the permit has been filed with the appropriate agency.
14. Evidence that there will be no interference with any commercial and/or public safety communication towers.
15. Decommissioning plan as required by this title.
B. Safety And Design Standards: All towers shall adhere to the following safety and design standards:
1. Clearance: Clearance of rotor blades or airfoils must maintain a minimum of twenty feet (20') of clearance between the lowest point of their arc and the ground.
2. Posting Of Sign: All CWECS shall have a sign or signs posted on the tower, transformer and substation, warning of high voltage. Other signs shall be posted on the turbine with emergency contact information.
3. Wind Turbines: All wind turbines, which are a part of a CWECS, shall be installed with a tubular monopole type tower.
4. Color And Finish:
a. All wind turbines and towers that are part of a CWECS shall be white, gray or another nonobtrusive color.
b. Blades may be black in order to facilitate deicing.
c. Finishes shall be matte or nonreflective.
5. Lighting:
a. Lighting, including lighting intensity and frequency of strobe, shall adhere to but not exceed requirements established by the FAA permits and regulations.
b. Red strobe lights shall be used during nighttime illumination to reduce impacts on neighboring uses and migratory birds.
c. Red pulsating incandescent lights shall be prohibited.
6. Compliance With Sign Regulations: All signage shall comply with the sign regulations found in these regulations.
7. Underground Feeder Lines: All communications and feeder lines installed as part of a CWECS shall be buried, where feasible.
8. Noise: No CWECS shall exceed fifty (50) decibels at the nearest structure or use occupied by humans.
9. Interference:
a. The applicant shall minimize or mitigate interference with any commercial or public safety electromagnetic communications, such as radio, telephone, microwaves, or television signals caused by any CWECS.
b. The applicant shall notify all communication tower operators within five (5) miles of the proposed CWECS location upon application to the city for permits.
10. Roads: Applicant shall:
a. Identify all county, municipal or township roads to be used for the purposes of transporting CWECS, substation parts, cement, and/or equipment for construction, operation or maintenance of the CWECS and obtain applicable weight and size permits from the impacted jurisdictions prior to construction.
b. Conduct a preconstruction survey, in coordination with the appropriate jurisdictions to determine existing road conditions. The survey shall include photographs and a written agreement to document the condition of the public road.
c. Be responsible for restoring the road(s) and bridges to preconstruction conditions.
11. Repairs: The applicant shall be responsible for immediate repair of damage to public drainage systems stemming from construction, operation or maintenance of the CWECS.
C. Modifications: The requirements for siting and construction of a CWECS may be modified as part of the review process to establish the PUD in accordance with section 16-5-24 of this title. (Ord. 52-09, 10-19-2009)
Turbine Type | Zoning District | Use Type | Minimum Setback | Maximum Height |
RWECS | Residential, office | CUP required | 100% of total system height | 80 feet |
SWECS | PUD, commercial, industrial, AG, ID | CUP required | 120 feet | |
CWECS | PUD | PUD required | Pursuant to PUD | Pursuant to PUD |
(Ord. 52-09, 10-19-2009)
A BMWT and its essential support facilities shall be allowed as a permitted accessory use when attached to the principal structure in any zoning district subject to the following:
A. A simple site plan shall be submitted for each BMWT providing the following information:
1. Mounting location of the BMWT on the principal structure.
2. Description of the BMWT height and width, including a photo (if available) or other visual representation.
B. BMWT 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.
C. BMWT shall comply with the maximum height requirement of the zoning district in which it is located. Applicants proposing an installation higher than allowed by the zoning district in which it will be located may apply for a variance to the zoning board of adjustment.
D. No BMWT may occupy, encroach or "overhang" any public right of way without the expressed approval of the city.
E. Each BMWT installation shall require a separate building permit.
F. A building permit for the installation of a BMWT in a historic district requires the prior issuance of a certificate of appropriateness from the historic preservation commission. (Ord. 52-09, 10-19-2009)
A. Small Wind Energy Conversion Systems: Any SWECS found to be unsafe by the building official shall be repaired by the owner to meet federal, state and local safety standards, or removed within six (6) months. If any SWECS is not operated for a continuous period of twelve (12) months, the city shall notify the landowner by registered mail that such SWECS is deemed abandoned, and provide forty five (45) days for a response. In their response, the landowner shall set forth reasons for the operational difficulty and provide a timetable for corrective action not exceeding six (6) months. If the corrective action is not completed within six (6) months, the city shall notify the landowner that such SWECS shall be removed within twelve (12) days of receipt of the notice.
B. Commercial Wind Energy Conversion Systems: A CWECS shall be considered a discontinued use after twelve (12) months without energy production, unless a plan is developed and submitted to the city outlining the steps and schedule for returning the CWECS to service. All CWECS and accessory facilities shall be removed to four feet (4') below ground level within one hundred eighty (180) days of the discontinuation of use. Additional time may be granted upon acceptable proof of weather delays. Each CWECS shall have a decommissioning plan outlining the anticipated means and cost of removing CWECS at the end of their serviceable life or upon becoming a discontinued use. The cost estimates shall be made by a competent party, such as a professional engineer, a contractor capable of decommissioning or a person with suitable expertise or experience with decommissioning. The plan shall also identify the financial resources that will be available to pay for decommissioning and removal of the WECS and accessory facilities. (Ord. 52-09, 10-19-2009)
A. The special provisions of this section 16-7-4 are intended to regulate the location of adult entertainment establishments as herein defined, by specifying districts in which such uses may be permitted and requirements for spatial separation of such uses. Nothing in this title shall be construed or interpreted to permit adult entertainment establishments in areas other than those set forth herein.
B. Adult entertainment establishments are hereby acknowledged to have special characteristics and impacts upon their surroundings, and upon the use and enjoyment of adjacent property. It is the intent of these regulations to provide for the confinement of adult entertainment establishments to those commercial and industrial areas in which these special impacts are judged to be least disruptive to the use and enjoyment of adjacent properties. These regulations are further intended to require that adult entertainment establishments shall not be permitted to locate in such concentration that their operational features may establish the dominant character of any commercial or industrial area.
C. These regulations are further intended to protect and balance lawful rights of expression with other lawful rights to the enjoyment and use of property, and are made with full consideration of the legal and constitutional issues heretofore adjudicated.
D. The provisions of this section 16-7-4 shall govern the location and spatial separation of adult entertainment establishments in commercial districts and industrial districts, and no such regulated use, as defined, may be permitted except in conformance with these provisions. (Ord. 52-09, 10-19-2009)
A. Adult entertainment establishments may be established within any commercial or industrial zoning district, but shall not be located within one thousand two hundred feet (1,200') of any residential or institutional district, or a public or private (parochial) primary or secondary school (K - 12) property approved by the state of Iowa.
B. No adult entertainment establishment shall be located within two thousand five hundred feet (2,500') of any other adult entertainment establishment. (Ord. 52-09, 10-19-2009)
A. The special provisions of this section 16-7-5 are intended to regulate the location of payday lending establishments as herein defined, by specifying districts in which such uses may be permitted and requirements for spatial separation of such uses. Nothing in this code shall be construed or interpreted to permit payday lending establishments in areas other than those set forth herein.
B. The provisions of this section 16-7-5 shall govern the location and spatial separation of payday lending establishments in commercial districts and industrial districts, and no such regulated use, as defined, may be permitted except in conformance with these provisions. (Ord. 46-14, 7-21-2014)
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