The following general regulations apply to all small wind energy systems located within any approved district regardless of whether it is lower-mounted or roof-mounted. A small wind energy system lawfully in existence at the time of the enactment of this section shall not be required to meet the requirements established herein. Nothing contained in the section is intended to supersede the provisions of any applicable deed restrictions.
(A) No person shall erect, construct, maintain or cause to be erected, constructed or maintained a small wind energy system without first having applied for and been issued a valid special use permit to do so. A small wind energy system permit shall not be issued unless the requirements of this chapter and this section have been met and satisfied. The following procedure is required.
(1) An application and the special use permit fee must be submitted to the City Secretary in order to begin the proceedings to obtain a special use permit.
(2) The Planning and Zoning Commission must hold a public hearing to discuss the request for a special use permit. The public hearing must be advertised in the paper ten days prior to the public hearing. In addition, the City Secretary must give written notification to all residents within 200 feet of the location where the individual or entity intends to erect, own and operate the small wind energy system. After the public hearing, the Planning and Zoning Commission will make a recommendation to the City Council on their findings.
(3) The City Council must also hold a public hearing to discuss and take action on the request for a special use permit. The public hearing must be advertised in the paper 15 days prior to the public hearing. After the public hearing, the Council will make a final determination whether or not to grant the special use permit.
(B) A small wind energy system may be erected or constructed on a lot or tract of land only after a primary structure has been constructed on the lot or tract.
(C) Permit applications shall be submitted on forms furnished by the city and shall demonstrate full compliance with all applicable federal, state and city building and electrical codes. A small wind energy system permit application shall be accompanied by:
(1) The permit fee shall be as provided for in the Fee Schedule found in Appendix 1 of the Code of Ordinances;
(2) A survey and legal description of the lot or tract on which the system is to be erected;
(3) A site plan showing:
(a) The tract or lot lines, the dimensions of the lot or tract, all building and setback lines, and the location of the proposed small wind energy system;
(b) The location of existing buildings and structures, overhead utility lines, and utility easements;
(c) The location and course of all streets and roadways within and adjacent to the lot or tract;
(d) The land uses and zoning district designations of adjacent properties; and
(e) Natural features on the lot or tract;
(4) A detailed depiction and description of the proposed small wind energy system showing:
(a) Wind system specifications, including the design and height of the small wind energy system, including the tower, base and footings, the manufacturer and model, and rotor diameter;
(b) All components of the system;
(c) Standard installation drawings of the tower and wind turbine; and
(d) Tower and tower foundation blueprints or drawings;
(5) A drawing and engineering analysis or report regarding the system’s tower, and showing compliance with building codes, prepared by a professional engineer registered in the state;
(6) Proof of compliance with the city’s electrical code, including but not limited to line drawings of the electrical components in sufficient detail to demonstrate compliance with the electrical code; and
(7) A certificate of insurance or other proof of insurance coverage in an amount of not less than $300,000 insuring the owner against liability arising from the wind turbine and the small wind energy system.
(D) The erection or construction of a small wind energy system shall not commence until a valid permit has been issued. Upon completion of construction, a small wind energy system shall not be operated or maintained until an inspection by the city determines that the system meets the requirements of this chapter.
(E) Meteorological towers shall be permitted under the same standards, permit requirements, restoration requirements, and permit procedures as a small wind energy system.
(F) Tower-mounted systems.
(1) If the system is mounted on a tower, either an engineering analysis of the tower or a copy of the manufacturing specifications demonstrating compliance of the system shall be required. An engineering analysis shall be prepared by a licensed professional engineer registered in the State of Texas.
(2) For other than a roof-mounted installation, the maximum height of the system shall not exceed 40 feet for residential and 80 feet for nonresidential from ground level to the topmost portion of the system inclusive of the turbine and blades. For horizontally-mounted (vertically-spinning) turbines, the measurement of maximum height shall be made by measuring to the center of the turbine shaft and then adding the length of a blade. Additionally, no system when installed shall exceed the height recommended by the manufacturer or the distributor of the system.
(3) A tower-mounted wind energy system shall be anchored only in the rear yard of the lot on which the system is located. A tower-mounted system may not be located nearer to a side or rear lot line than 110% of the height of the system, inclusive of turbine blades. No part of a wind energy system, including blades or guy wire anchors, may protrude across a property line or encroach upon any easements.
(G) Roof-mounted systems. Any system designed to be mounted on the roof of a structure that does not extend more than 60 inches above the roof line shall not exceed 50 decibels at the property line and must be 30 feet from the nearest structure. If a roof-mounted system is proposed, an analysis shall be prepared by an engineer licensed in the State of Texas to ensure that the roof and structure are capable of supporting the roof-mounted system in winds of 90 miles per hour.
(Ord. O-2009-024, passed 8-25-09) Penalty, see § 158.99