No high profile wind energy systems may be constructed, erected, installed, moved, converted, enlarged, reconstructed, maintained, used, operated, or structurally altered except in accordance with the provisions of this section.
(A) Conditional use permit required. No high profile wind energy system may be constructed, erected, installed, maintained, used or operated except as authorized by a valid conditional use permit issued by the city.
(B) Building permit required. No person may construct, erect, install, move, convert, enlarge, reconstruct or structurally alter a high profile wind energy system without first obtaining a valid building permit from the city. An application for building permit must be accompanied by:
(1) Payment of the appropriate permit fee as established in the city’s fee schedule;
(2) A site plan of the proposed system, including:
(a) A survey and legal description of the property where the proposed system is to be installed;
(b) A plan view layout of the proposed system clearly showing:
1. The location of the system;
2. All components of the system;
3. Distances to property lines;
4. Required setbacks;
5. Adjacent land uses and zoning designations;
6. Existing structures on the site;
7. Existing easements and third-party consent to encroachment, if required by the Planning Director;
8. Required fencing; and
9. Natural features such as watercourses and trees on the property where the proposed system is to be installed.
(3) Elevation drawings showing the design and height of the proposed system.
(4) A manufacturer-supplied line drawing of the electrical components of the system in sufficient detail to demonstrate that the proposed installation conforms to the National Electric Code.
(5) Standard installation drawings of the wind turbine structure, including the tower, base, and footings, together with an engineering analysis of the tower showing compliance with all codes and certified by a licensed professional engineer registered in the state.
(6) Proof of authorization from the utility company of the notice required by § 159.06(B).
(7) Proof of insurance required by § 159.06(G).
(8) A copy of the conditional use permit required by § 159.04(A).
(C) Maximum height. The tower height shall not exceed 80 feet, or the maximum tower height recommended by the manufacturer or the distributor of the system, whichever is less.
(D) Setback. Except as provided in § 159.06(D), the tower shall be set back from any property line a distance equal to twice the height of the tower, as measured between the ground at the base of the main tower structure to the maximum height of blades when attached. Associated equipment enclosures or other buildings and structures, if any, located on the same property are subject to the otherwise-applicable building setback requirements of the district within which the system is located.
(E) Signs. Only signs and/or logos that are permanently attached to system components during the manufacturing process are allowed. No other signs or markings shall be allowed on the system.
(F) Fencing. The system must be fully enclosed by a barrier fence or wall that is six feet in height and installed at least six feet from the base of the tower. There shall be no openings, holes or gaps in the enclosure large enough for sphere four inches in diameter to pass through, except a self-closing and self-latching gate, which shall be securely locked to prevent unauthorized access to the system. The enclosure shall have no handholds, footholds or horizontal members accessible from the exterior side of the enclosure. Sections 150.30 through 150.38 of this code shall apply to the enclosure except to the extent of a conflict with this division.
(Ord. 2009-02, passed 1-13-09) Penalty, see § 159.99