(A) Districts. Wind energy conversion systems (WECS) shall be allowed with approval of a conditional use permit in the following zoning districts and land use designations:
(1) Industrial, I-1, or Commercial or Industrial Planned Unit Development; and
(2) In all properties guided as “institutional” in the city’s land use designations of the Comprehensive Plan.
(B) Ground-mounted WECS.
(1) Number.
(a) Large WECS. One large WECS shall be permitted on a lot of at least two acres in size.
(b) Small WECS. One small WECS shall be allowed on a single lot of one to five acres. All other larger parcels will be limited to one small WECS per five acres of land area.
(2) Height.
(a) Large WECS shall have a total height, including tower and blade to its highest point of travel, of no more than 125 feet.
(b) Small WECS shall have a total height, including tower and blade to its highest point of travel, of no more than 60 feet.
(3) Setbacks.
(a) Have a minimum setback distance from the base of the monopole of one times the height from any property line, transmission line, electric substation or other WECS. This setback requirement from a property line may be reduced if written permission is granted from the affected property owner; and
(b) Have a minimum setback distance from the base of the monopole of 500 feet from any residential zoned property.
(4) Negative impacts. Shall not be located between a principal structure and a public street, unless the city determines that such a location would lessen the negative impacts of such a WECS on nearby properties.
(C) Roof-mounted WECS.
(1) Number.
(a) Large roof-mounted WECS. The maximum number of large roof-mounted WECS shall be approved through the conditional use permit process in accordance with § 160.452 of this chapter.
(b) Small roof-mounted WECS. No more than three roof-mounted small WECS shall be installed on any rooftop.
(2) Height.
(a) Large roof-mounted WECS. Total height of not more than 25 feet, measured from the top of the roof to the blade tip at its highest point of travel.
(b) Small roof-mounted WECS. Total height of not more than 25 feet, measured from the top of the roof to the blade tip at its highest point of travel.
(3) Placement. Roof mounted WECS must be erected above the roof of a building or structure. The mounts associated with the WECS may extend onto the side of the building or structure.
(D) General standards. The following provisions will apply to all WECS erected under the provisions of this chapter.
(1) Rotor clearance. Blade arcs created by the WECS shall have a minimum of 30 feet of clearance over any structure or tree within a 200-foot radius, and maintain at least 20 feet of clearance between their lowest point and the ground.
(2) Rotor safety. Each WECS shall be equipped with both a manual and automatic over speed controls to limit the blade rotation within design specifications.
(3) Color and finish. All wind turbines and towers shall be white, gray or other non-obtrusive color. Finishes shall be matte or non-reflective.
(4) 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 12 feet of the ground;
(b) A locked anti-climb device shall be installed on the tower; and
(c) Towers capable of being climbed shall be enclosed by a locked, protective fence at least six feet high.
(5) Signs. The place of any signs, postings or advertisements shall be prohibited. WECS shall have a sign posted at the base of the tower and the shall contain the following information: warning high voltage; manufacturer’s name; emergency phone number; emergency shutdown procedures.
(6) Lighting. WECS shall not have no installed or accessory lighting, unless required by federal or state regulations.
(7) Electromagnetic interference. WECS shall be designed and constructed so as not to cause radio and television interference.
(8) Noise emission. Have a maximum noise production rating of 55 dB (50 dBA) and shall conform to this standard under normal operating conditions as measured at any property line.
(9) Utility company interconnection. Prior to the installation or erection of a WECS, the operator must provide evidence showing their regular electrical service provider has been informed of the customer’s intent to install an interconnected, customer-owned generator. Off-grid systems shall be exempt from this requirement. All connections shall be underground.
(10) Compliance with State Building Code. A standard drawing of the structural components of the wind energy conversion system and support structures, including base and footings shall be provided along with engineering date and calculations to demonstrate compliance with the structural design provisions of the State Building Code. Drawings and engineering calculations shall be certified by a registered engineer.
(11) Compliance with National Electrical Code. WECS electrical equipment and connection shall be designed and installed in adherence to the National Electrical Code.
(12) Inspection. The city hereby reserves the right upon issuing any WECS conditional use permit to inspect the premises on which the WECS is located. If a WECS is not maintained in operational conditions and poses a potential safety hazard, the owner shall take expeditious action to correct the situation.
(E) Submittal requirements.
(1) Site plan drawing. All applications for a WECS conditional use permit shall be accompanied by a detailed certified survey/site plan drawn to scale and dimensioned, displaying the following information:
(a) Lot lines and dimensions;
(b) Location and height of all buildings, structures, aboveground utilities and trees on the lot, including both existing and proposed structures and guy wire anchors;
(c) Location and height of all adjacent buildings, structures and aboveground utilities and trees located within 350 feet of the exterior boundaries of the property in question;
(d) An elevation drawing of the premises accurately depicting the proposed WECS and its relationship to structures on the subject site and adjacent lots; and
(e) Existing and proposed setbacks of all structures located on the property in question.
(2) Additional submittal requirements. In addition to the information required elsewhere in this ordinance, development applications for WECS shall include the following supplemental information:
(a) A significant tree plan in conformance with § 160.418(A) of this chapter, showing the loss of significant trees within the construction area for the WECS;
(b) A letter or copy of the review response from the Federal Aviation Administration concerning the development application and their requirements for warning devices, height restrictions and the like;
(c) The technical specifications for the WECS including, but not limited to, the type, height, blade length, operating parameters, the anticipated sound level and the property line, and lighting protection; and
(d) Clearance distance between the farthest extensions of the WECS blades to the property lines.
(F) Criteria for approval. The Planning Commission may recommend and the City Council may impose such conditions on the granting of a WECS conditional use permit as may be necessary to carry out the purpose and provisions of this division (F). The Council must consider the following criteria in determining whether to grant or deny a conditional use permit for a wind energy conversion system (WECS):
(1) The proposed WECS compliance with the standards described in this subdivision;
(2) The potential for the WECS to cause a condition that may pose an unreasonable threat or cause unreasonable damage to any other property or person; and
(3) The proposed WECS impact on the environment and on the visual image of the surrounding area.
(G) Abandonment. A WECS that is allowed to remain in a non-functional or inoperative state for a period of 12 consecutive months, and which is not brought in operation within the time specified by the city, shall be presumed abandoned and may be declared a public nuisance subject to removal at the expense of the operator.
(Prior Code, § 1128.05) (Ord. 883, passed 09-09-2013)