(A) Private wind energy conversion systems, or WECSs, consisting of a wind turbine, tower and/or associated control or conversation electronics, are only permitted within a residential zone in the city and subject to the following conditions.
(1) WECSs require a city building permit and must comply with all applicable construction and electrical codes and manufacturer specifications. A building permit requires the payment of the applicable permit fee, the submission of detailed engineered plans for the installation and operation of the WECS and approval by the City Building Official. A permit will expire and require renewal if the WECS is not installed within 12 months after the date the permit is issued.
(2) WECSs are only permitted as an accessory structure to a primary building.
(3) All WECSs must have a rated capacity of less than 60kws of rated nameplate capacity.
(4) WECSs which include a tower require a minimum lot size of one acre and shall be limited to one WECS per occupied residential lot. The city may issue a permit for the installation of more than one WECS per lot and/or for the installation of a WECS on a smaller lot in the case of a WECS that does not require a tower.
(5) The wind turbine for a WECS which requires a tower shall be set back a minimum distance equal to the height of the WECS plus 10% of the wind turbine from all adjoining property lines, overhead utility lines and public or private road rights-of-way.
(6) The use of guy wires is strictly prohibited.
(7) The total height of a WECS (measured from the ground to the tip of the turbine blade at its highest point) shall not exceed 90 feet.
(8) WECSs must maintain a minimum ground clearance as specified by the manufacturer and approved by the City Building Official.
(9) WECSs shall not generate more than 55 decibels of noise at the property line nor more than five decibels of noise above the ambient noise level at the exterior of the neighboring dwelling. These noise levels may only be exceeded during unanticipated and short term events such as utility outages or severe wind storms.
(10) WECSs shall be constructed or permanently treated with non-reflective and corrosion resistant materials, shall be comprised of only neutral/non-obtrusive colors such as matte, white or grey, and shall be maintained in good condition at all times.
(11) WECSs shall not be illuminated and no light(s) shall be mounted or installed on any portion thereof.
(12) WECSs shall be installed to prevent unauthorized access. WECS towers shall not have steps or similar climbing devices for a minimum of eight feet above the ground.
(13) The engineered plans for the installation of a WECS shall include the electrical details showing compliance with the National Electrical Code, grounding requirements for any related tower structures and the requirements for connecting to electric or secondary power sources.
(14) WECSs must comply with all applicable federal, state and local laws, rules and regulations, including all applicable FAA and FCC regulations, the State Airport Zoning Act and the State Tall Structure Act.
(15) WECSs to be connected to a public utility power source require the written agreement of the utility company prior to being connected and must comply with any applicable federal and state regulatory and interconnection requirements.
(16) A WECS which is abandoned as a result of extended non-use and/or a failure to maintain in good condition shall be repaired or dismantled and removed by the property owner upon written notification by the city. In the event the owner fails to immediately repair an unsafe condition or fails to repair or dismantle and remove an otherwise abandoned WECS within 30 days after written notice, the city may cause the repair or dismantle and removal of the WECS and the expense thereof to be charged against the premises and the owner thereof and collected as a special assessment against said premises or by an action at law.
(B) As a condition of approval for the installation of a WECS, a property agrees to allow the city and its employees and agents to enter his or her property for the purpose of inspecting the WECS and to enforce the terms of this section.
(Ord. 182, passed 10-20-2009) Penalty, see § 150.999