(A) Small wind energy systems shall not be erected, constructed, relocated or maintained in the territorial limits of the city unless a valid permit has first been issued and the small wind energy system is in full compliance with the provisions of this chapter, the ordinances of the city, and all applicable laws and regulations. Small wind energy systems shall not be permitted, erected, constructed or installed on any lot or tract of property if the setbacks and spacing requirements of this chapter are not met. Small wind energy systems that do not meet the requirements of small wind energy systems are prohibited.
(B) A small wind energy system shall be a permitted use in all zoning districts, subject to the issuance of a permit, and subject to the following requirements:
(1) Prohibited locations. Small wind energy systems shall not be erected, constructed or located within any public right-of-way; within any easement, public or private, without the written consent of the owner of the easement; within any front, side or rear property setback area; and, no part of a small wind energy system shall extend or be located beyond the lot lines of the property on which the system is erected.
(2) Compliance standards. A small wind energy system shall be erected and installed according to the instructions of the system manufacturer and under the seal of a professional engineer registered in the state. All components of the system must be in compliance with this chapter, the ordinances of the city, and all applicable state and local building codes. The system must have a certificate of compliance from Underwriters Laboratories, Inc., with the most current standard and UL 1741 Standard for Safety for Inverters, Converters, Controllers, and Interconnection system equipment for use with distributed energy resources. All applicable components of the small wind energy system shall meet and comply with the city’s building codes and electrical code.
(3) Required setbacks; platting. A tower for a small wind system shall be set back from the property lines and any overhead or aboveground public or private utility line, cable or human inhabited structure, at a distance equal to 110% of the total height. No tract of property shall be subdivided, platted or replatted such that a preexisting small wind energy system will fail to meet the foregoing requirements.
(4) Minimum ground clearance. The blade tip of any wind generator shall, at its lowest point, have a ground clearance of no less than 15 feet as measured at the lowest point of the blade.
(5) Access. All ground-mounted electrical and control equipment shall be labeled or secured to prevent unauthorized access. The tower shall be designed and installed so as to not provide step bolts or a ladder readily accessible to the public for a minimum height of eight feet above the ground.
(6) Electrical wiring. All electrical wiring associated with a small wind energy system, other than wiring necessary to connect the wind generator to the tower wiring, the tower wiring to the disconnect junction box, lightning protection and grounding wiring, shall be located underground.
(7) Sound requirements. Small wind energy systems shall not exceed a noise level of 50 decibels at the property line.
(8) Appearance, color, and finish. The wind generator and lower shall remain painted or finished the color or finish that was originally applied by the manufacturer, unless approved in the small wind energy system permit. Reflective finishes are not permitted.
(9) Maintenance. The paint, finish, landscaping, and structural integrity of a small wind energy system and each of its components shall be maintained at all times. All such systems shall be maintained at all times according to the manufacturer’s specifications.
(10) Lighting. All lights not required by the Federal Aviation Administration are prohibited. When obstruction lighting is required by the FAA, such lighting shall meet but not exceed the minimum requirements of the agency.
(11) Signal interference. No small wind energy system shall cause interference with television, radio, microwave, navigation or other communication signals. If a signal disturbance problem is identified, the owner shall correct the problem within 90 days of being notified.
(12) Lightning protection. All small wind energy systems shall have lightning arrestors installed and properly grounded.
(13) Signage prohibited. No advertising or signage of any type, other than the manufacturer’s or installer’s identification, appropriate warning signs, or owner identification, shall be allowed or permitted on a small wind energy system.
(14) Limit of one. No more than one small wind energy system shall be erected, constructed, operated or permitted on any single lot or tract.
(15) One acre minimum. No small wind energy system shall be erected on less than a one-acre tract or lot.
(Ord. O-2009-024, passed 8-25-09) Penalty, see § 158.99