§ 154.091  WIND ENERGY CONVERSION SYSTEMS.
   (A)   General. Before a building permit for use of a wind energy conversion system in any allowable zoning district may be issued, all requirements of this section must be met. These provisions shall also supplement any use permitted on review or special permit provisions of this code.
   (B)   Building permit application documentation.
      (1)   For wind energy conversion systems that will be interconnected to a utility grid, no permit shall be issued by the city until an executed contract with a utility company to permit such an interconnection is provided to the city.
      (2)   Plot plan drawn in sufficient detail to clearly describe the following:
         (a)   Property lines and physical dimensions of the site;
         (b)   Location, approximate dimensions, and types of major existing structures and uses on site;
         (c)   Location and elevation of the proposed wind energy conversion system;
         (d)   Location of all above-ground utility lines on-site or within a radius equal to the total height of the wind energy conversion system;
         (e)   Location and size of structures and trees over 35 feet in height, which are within a 500-foot radius of the proposed wind energy conversion system; for purposes of this requirement, electrical transmission and distribution lines, antennas, and slender or open lattice towers are not considered structures; and
         (f)   The zoning designation of immediate and adjacent sites.
      (3)   Standard drawings of the structural components of the wind energy conversion system, including support structure, tower, base and footings.
      (4)   A line drawing identifying electrical components of the system to be installed, in sufficient detail to allow for a determination that the manner of installation conforms to the city’s Electrical Code.
      (5)   All plans and drawings shall be certified by a registered professional engineer as to conformance with all applicable statutes, codes and ordinances.
         (a)   Equipment and materials shall be used or installed in accordance with such drawings and diagrams.
         (b)   Where the electrical components of an installation vary from the standard design or specifications, the proposed modifications shall be reviewed and certified by a registered professional engineer for compliance all applicable regulations and good engineering practices.
   (C)   Safety devices required at installation.
      (1)   Manual and automatic controls to limit the rotational speed of the blade below the design limits of the rotor. A registered professional engineer shall certify that the rotor, over speed controls and tower structure have been designed and fabricated for the proposed use in accordance with good engineering practices.
      (2)   Anchor points for guy wires for the wind energy conversion system tower shall be located  within property lines and not on or across any above-ground electric transmission distribution line. The point of ground attachment for the guy wires shall be enclosed by a six-foot fence, and the wind energy conversion system shall be set back from the property line a distance equal to the total height of the wind energy conversion system.
      (3)   Towers should have either a tower- climbing apparatus located no closer than 12 feet from the ground, a locked anti-climb device installed on the tower, or the tower shall be completely enclosed by a locked, protective fence at least six feet high.
      (4)   At least one sign shall be posted at the base of the tower warning of electrical shock or high voltage.
   (D)   Operation standards.
      (1)   The system shall meet all municipal noise requirements.
      (2)   No disruptive electromagnetic interference is permitted. Evidence of harmful interference shall be cause for the city to require immediate mitigation or cessation of operation until the interference is corrected to the satisfaction of the city.
      (3)   Minimum height of the lowest part of the system operating elements such as rotors, shall be 30 feet above the highest existing major structure or any tree within a 250-foot radius. For purposes of this requirement, electrical transmission and distribution lines, antennas and slender or open-lattice towers shall not be considered structures.
   (E)   Maintenance and insurance requirements.
      (1)   The city shall reserve the authority to abate any hazardous situation and to pass the cost of such abatement on to the owner or operator of the system or the property owner of the system site.
      (2)   A wind energy conversion system which has not been operated during any 365-day period shall be deemed a potential safety hazard and is subject to citation as a nuisance after notice and legal notice public hearing by the City Council to the owner or operator of the device. Declaration of a nuisance will cause the owner, or the city in absence of the owner, to remove the system at the system owner’s or property owner’s expense.
      (3)   The applicant, owner, lessee or assignee shall maintain a current insurance policy which will cover installation and operation of the wind energy conversion system at all times. The policy shall provide a minimum of $50,000 property and personal liability coverage.
(2002 Code, § 154.071)  (Ord. 486, passed 5-12-2003)