Shall be allowed as a permitted use in the A and E-1 districts provided the following criteria are met:
A. Within all A and E-1 zoning districts, the maximum height for a freestanding VAWT shall be 52.5 feet. Heights in excess of those allowed shall be permitted by conditional use permit.
The maximum height of the VAWT shall be fifteen feet (15') if attached to or placed on the roof of the principal structure.
Property located in the shoreland and critical area districts are limited to a maximum VAWT height of thirty five feet (35'), per state regulations.
B. The base of the turbine shall be set back from all property lines a distance equal to the turbine height, measured to the highest point of the turbine or equal to the principal structure setback of the base zoning district, whichever is greater.
C. On lots less than fifteen (15) acres in size, no more than one rooftop or one freestanding turbine is permitted. On lots greater than fifteen (15) acres additional turbines are allowed provided they do not exceed a density of fifteen (15) acres per turbine. The location of the VAWTs may be clustered together.
D. VAWTs shall comply with all applicable state and federal regulatory standards including, but not limited to, the federal aviation administration (FAA), Minnesota pollution control agency (MPCA) and state building code. A building permit consisting of a completed application, site plan, two (2) sets of plans, and structural engineering is required for a VAWT prior to installation. VAWTs shall be certified by Underwriters Laboratories, Inc., the Small Wind Certification Council, Intertech, or other body as determined by the chief building official. The city reserves the right to deny a building permit for a VAWT deemed to have inadequate certification or testing for operation in a severe winter climate.
E. The appearance of the VAWT shall be maintained throughout the life of the wind energy system pursuant to industry standards. The system shall not be used for displaying any advertising.
F. All grid connected systems shall have an agreement with the local utility prior to the issuance of a building permit. A visible external disconnect must be provided if required by the utility company.
G. If the VAWT remains nonfunctional or inoperative for a continuous period of one year, the system shall be deemed to be abandoned and shall constitute a public nuisance. The owner shall remove the abandoned system at their expense after a demolition permit has been obtained. Removal includes the entire structure including foundation to below natural grade and transmission equipment. (Ord. 1273, 11-25-2013)