(A) Purpose and intent. The purpose of this section is to facilitate the construction, installation and operation of wind energy conversion systems in the city in a manner that protects the health, safety and welfare of the public.
(B) Uses.
(1) Wind energy conversion systems. Wind energy conversion systems, subject to the regulations and requirements of this section, may be allowed as a principle or accessory, conditional use within the following zoning districts: R-1 Agricultural Residence District, I-1 General Industrial District and I-2 Limited Industry District, provided the property upon which the system is to be located is on a parcel of land at least five acres in size.
(2) Small wind energy conversion systems. Small wind conversion systems, subject to the regulations and requirements of this section, are allowable as an accessory use in all zoning districts, provided they meet the following standards.
(a) The small wind conversion system shall meet the required principal building setbacks.
(b) The small wind conversion system shall extend no more than five feet above the height of the principal building.
(c) The proposed small wind conversion system shall not block, interfere or otherwise impair a scenic vista or corridor or the view of an adjoining residential building.
(d) The small wind conversion system shall meet all Minnesota Pollution Control Agency standards for noise emissions.
(e) The primary purpose of the small wind conversion system shall be to provide power for the principal use of the property and shall not be for the generation of power for commercial purposes, although this provision shall not be interpreted to prohibit the sale of excess power generated from the system back to the public utility.
(C) Declaration of conditions. The City Council may impose such conditions on the granting of a wind energy conversion system conditional use permit as may be necessary to carry out the purpose and provisions of this section and to maintain compatibility.
(D) Site plan drawing. All applications for a wind energy conversion system conditional use permit shall be accompanied by a detailed site plan drawn to scale and dimensioned, displaying the following information:
(1) Lot lines and dimensions;
(2) Location and height of all buildings, structures, above-ground utilities and trees on the lot, including both existing and proposed structures and guy wires anchors;
(3) Locations and height of all adjacent buildings, structures, above-ground utilities and trees located within 350 feet of the exterior boundaries of the property in question;
(4) Existing and proposed setbacks of all structures located on the property in question; and
(5) Sketch elevation of the premises accurately depicting the proposed wind energy conversion systems and its relationship to structures on adjacent lots.
(E) Wind energy conversion systems. The following standards apply to wind energy conversion systems, subject to standards of the applicable zoning district in which they are located.
(1) Design standards.
(a) Height. The permitted maximum height of a wind energy conversion system shall be determined in one of two ways. In determining the height of the wind energy conversion system, the total height of the system shall be included.
1. System height shall be measured from the base of the tower to the highest possible extension of the rotor:
a. A ratio of one foot to one foot between the distance of the closest property line to the base of wind energy conversion system to the height of the system; and
b. A maximum system height of 150 feet.
2. The shortest height of the two above mentioned methods shall be used in determining the maximum allowable height of a wind energy conversion system. The height of a wind energy conversion system must also comply with Federal Aviation Administration regulations codified at 14 C.F.R. Part 77 and/or Minn. Rules 8800.1200.
(b) Setbacks. No part of a wind energy conversion system (including guy wire anchors) shall be located within or above any required front, side or rear yard setback and no part of the system shall be within ten feet of any property line, whichever is greater. Wind energy conversion system towers shall be setback from the closest property line one foot for every one foot of system height. Wind energy conversion systems shall not be located within 50 feet of an above ground utility line.
(c) Rotor size. All wind energy conversion system rotors shall not have rotor dimensions greater than 26 feet.
(d) Rotor clearance. Blade-arcs created by the wind energy conversion system shall have a minimum of 30 feet of clearance over any structure or tree within a 200-foot radius.
(e) Rotor design. The blade design and materials are to be designed and constructed to ensure safe operation in an urban/rural area.
(f) Rotor safety. Each wind energy conversion system shall be equipped with both a manual and automatic braking device capable of stopping wind energy conversion system operation in high wind (40 mph or greater) or in conditions of imbalance.
(g) Lightning protection. Each wind energy conversion system shall be grounded to protect against natural lightning strikes in conformance with the National Electrical Code.
(h) Component compatibility. The wind turbine and wind turbine tower are to be designed and constructed to be compatible.
(i) Tower access. To prevent unauthorized climbing, wind energy conversion system towers must comply with one of the following provisions:
1. Tower climbing apparatus shall not be located within 12 feet of the ground;
2. A locked anti-climb device shall be installed on the tower; and
3. Tower capable of being climbed shall be enclosed by a locked, protective fence at least eight feet high.
(j) Signs. Wind energy conversion systems shall have one sign, not to exceed two square feet, at the base of the tower and the sign shall contain the following information:
1. Warning high voltage;
2. Manufacturer’s name;
3. Emergency phone number; and
4. Emergency shutdown procedures.
(k) Lighting. Wind energy conversion systems shall not have affixed or attached any lights, reflectors, flashers or any other illumination, except for illumination devices required by Federal Aviation Administration regulations codified at 14 C.F.R. Part 77.
(l) Electromagnetic interference. Wind energy conversion systems shall be designed and constructed so as not to cause radio and television interference.
(m) Noise emissions. Noises emanating from the operation of wind energy conversion systems shall be in compliance with and regulated by the State Pollution Control Standards, Minnesota Regulations NPC 1 and 2, as amended.
(2) Safety.
(a) Compliance with building codes. Standard drawings of the structural components of the wind energy conversion system and support structures, including base and footings shall be provided along with the engineering data and calculations to demonstrate compliance with the structural design provisions of the State Building Code especially with regards to wind and icing loads. Drawings and engineering calculations shall be certified by a registered engineer.
(b) Compliance with electric code. All wind energy conversion systems shall comply with the National Electrical Code.
(c) Manufacturer warranty. The applicant shall provide documentation or other evidence from the dealer or manufacturer that the wind energy conversion system has been successfully operated in atmospheric conditions similar to the conditions within the city. The wind energy conversion system shall be warranted against any system failures reasonably expected in severe weather operation conditions.
(3) Approval.
(a) Permits. The erection, alteration, improvement, reconstruction and movement of a wind energy conversion system requires a building permit from the city.
(b) Utility notification. No wind energy conversion system shall be interconnected with the local electrical utility company until the utility company has commented upon the proposal. The owner may be required to enter into a signed interconnection agreement with the utility prior to the issuance of a building permit.
(4) Abandonment. If the wind energy conversion system remains nonfunctional or inoperative for more than 18 consecutive months, the system shall constitute a public nuisance. The owner shall obtain a demolition permit and remove the abandoned system at his or her expense. Removal includes the entire structure, including any transmission equipment.
(5) Inspection. The city hereby reserves the right upon issuing any wind energy conversion system conditional use permit to inspect the premises on which the wind energy conversion system is located. If a wind energy conversion system is not maintained in operational condition and poses a potential safety hazard, the owner shall upon written notice from the city, take expeditious action to correct the situation.
(6) Installation. Wind energy conversion systems shall be installed only by licensed contractors.
(7) Ornamental wind devices. Ornamental wind devices that are not a wind energy conversion system, as defined by this chapter, shall be exempt from the provisions of this section and shall conform to other applicable provisions of this chapter and the city code.
(Ord. 296, passed 3-7-2016)