A. Application:
1. Accessory Use:
a. Administrative Permit: Installation of one wind energy conversion system that conforms to the height limits of the respective zoning district may be allowed as a permitted accessory use subject to approval of an administrative permit within any zoning district of the city and subject to the regulations and requirements of this section.
b. Interim Use: Installation of one wind energy conversion system exceeding the height limit of the respective zoning district may be allowed as an accessory use subject to approval of an interim use permit within any zoning district of the city, subject to the regulations and requirements of this chapter, provided the property upon which the system is to be located is zoned agricultural, commercial, industrial or public-open space district or is constructed and maintained on any parcel of at least two and one-half (21/2) acres in size.
2. Declaration Of Conditions: The planning commission may recommend and the city council may impose such conditions on the granting of a WECS interim use permit as may be necessary to carry out the purpose and provisions of this section.
3. Site Plan Drawing: All applications for a WECS interim use permit shall be accompanied by a detailed site plan drawn to scale and dimensioned, displaying the information as specified in chapter 9 of this title and the following:
a. Location and height of all buildings, structures, aboveground utilities and trees on the lot, including both existing and proposed structures and guywire anchors.
b. Location and height of all adjacent buildings, structures, aboveground utilities and trees located within three hundred fifty feet (350') of the exterior boundaries of the property in question.
c. Sketch elevation drawing of the premises accurately depicting the proposed WECS and its relationship to structures on the subject site and adjacent lots.
4. Studies: Applications for an interim use permit under this section shall include studies documenting sufficient access to unobstructed wind necessary for operation of the proposed turbine.
B. Code Compliance:
1. Compliance With State Building Code: Standard drawings of the structural components of the wind energy conversion system and support structures, including base and footings shall be provided along with engineering data and calculations to demonstrate compliance with the structural design provisions of the state building code. Drawings and engineering calculations shall be certified by a Minnesota licensed engineer.
2. Compliance With National Electrical Code: WECS electrical equipment and connections shall be designed and installed in adherence to the national electrical code as adopted by the city.
C. Manufacturing Warranty: Applicant shall provide documentation or other evidence from the dealer or manufacturer that the WECS has been successfully operated in atmospheric conditions similar to the conditions within Lakeville. The WECS shall be warranted against any system failures reasonably expected in severe weather operation conditions.
D. Design Standards:
1. Height:
a. The permitted maximum height of a WECS shall be determined in one of two (2) ways. In determining the height of the WECS the total height of the system shall be included. System height shall be measured from the base of the tower to the highest possible extension of the rotor.
(1) A ratio of one foot to one foot (1':1') between the distance of the closest property line to the base of the WECS to the height of the system.
(2) A maximum system height of one hundred seventy five feet (175').
b. The shortest height of the two (2) above mentioned methods shall be used in determining the maximum allowable height of a WECS system. The height of a WECS must also comply with FAA regulations.
2. Setbacks: No part of a WECS shall be located within or above any required front, side or rear yard setback. WECS towers shall be set back from the closest property line one foot (1') for every one foot (1') of system height. WECS shall not be located within thirty feet (30') of an aboveground utility line.
3. Installation:
a. All towers used to support a WECS shall be a monopole design certified by a structural engineer or manufacturer that the pole is capable of supporting the WECS.
b. WECS installed on an existing structure shall require certification of a structural engineer that the existing structure is capable of supporting the WECS.
4. Rotor Clearance: Blade arcs created by the WECS shall have a minimum of thirty feet (30') of clearance over any structure or tree within a five hundred foot (500') radius.
5. Rotor Safety: Each WECS shall be equipped with both a manual and automatic braking device capable of stopping the WECS operation in high winds (40 miles per hour or greater).
6. Electrical:
a. All utilities shall be installed underground.
b. An exterior utility disconnect switch shall be installed at the electric meter serving the property.
c. Each WECS shall be grounded to protect against natural lightning strikes in conformance with the national electrical code as adopted by the city.
7. Tower Access: To prevent unauthorized climbing, WECS towers must comply with one of the following provisions:
a. Tower climbing apparatus shall not be located within twelve feet (12') of the ground.
b. A locked anticlimb device shall be installed on the tower.
c. Towers capable of being climbed shall be enclosed by a locked, protective fence at least six feet (6') high.
8. Signs: WECS shall have one sign, not to exceed two (2) square feet posted at the base of the tower and said sign shall contain the following information:
a. Warning high voltage.
b. Manufacturer's name.
c. Emergency phone number.
d. Emergency shutdown procedures.
9. Color/Lighting:
a. WECS under one hundred seventy five feet (175') in height shall be painted a noncontrasting color consistent with the surrounding area such as: sky blue, gray, or brown, and have a galvanized or oxidized finish to reduce visual impact.
b. WECS shall not have affixed or attached any lights, reflectors, flasher or any other illumination, except for illumination devices required by FAA regulations.
10. Electromagnetic Interference: WECS shall be designed and constructed so as not to cause radio and television interference.
11. Noise Emission:
a. Within residential districts, noises emanating from the operation of WECS shall not exceed ten decibels (10 dB) above ambient area noise levels.
b. In all other districts, noises emanating from the operation of WECS shall be in compliance with and regulated by the state of Minnesota pollution control standards, Minnesota regulations NPC 1 and 2, as amended.
12. Utility Company Interconnection: No WECS shall be interconnected with a local electrical utility company until the utility company has reviewed and commented upon it. The interconnection of the WECS with the utility company shall adhere to the national electrical code as adopted by the city.
E. Ornamental Wind Devices: Ornamental wind devices that are not a WECS shall be exempt from the provisions of this section and shall conform to other applicable provisions of this title.
F. Inspection: The city hereby reserves the right upon issuing any WECS interim use permit to inspect the premises on which the WECS is located. If a WECS is not maintained in operational condition and poses a potential safety hazard, the owner shall take expeditious action to correct the situation.
G. Abandonment:
1. Any WECS or tower which is not used for twelve (12) successive months shall be deemed abandoned and shall be dismantled and removed from the property at the expense of the property owner.
2. An interim use permit allowing for installation of a WECS under this section shall terminate upon the occurrence of any of the following events, whichever occurs first:
a. The property on which the WECS is located is zoned to other than an agricultural, commercial, industrial or public-open space district.
b. The property on which the WECS is located is subdivided and the resulting lot area is less than 2.5 acres.
c. Any of the events outlined by section 11-5-7 of this title. (Ord. 867, sec. 81, 5-17-2010)