(A) Purpose and applicability.
(1) The city finds that wind energy is an abundant, renewable and non-polluting energy resource and that its conversion to electricity will reduce our dependence on non-renewable energy resources and decrease the air and water pollution that results from the use of non-renewable energy sources. The state has enacted a number of laws and programs to encourage the use of small-scale renewable energy systems, include net metering, sales tax exemptions, property tax exemptions, production tax credits and the small wind innovation zone program.
(2) The provisions of this section shall apply to the display, construction, erection, alteration, other-than-normal maintenance, location, and operation of all wind energy conversion system structures and associated equipment. The goal of this section is to balance the need for clean and renewable energy with the necessity to protect the health, safety, and general welfare of the community.
(3) This section applies to all wind energy conversion systems (WECS) located on privately owned or publically owned property. All wind energy conversion systems shall obtain a conditional use permit from the Zoning Board of Adjustment only after meeting the general site requirements as herein established.
(a) Pre-existing wind energy conversion systems. Any wind energy conversion system for which a permit has been properly issued prior to July 1, 2017, shall not be required to meet the requirements of this section, other than the requirements of the FAA. Any such WECS shall be referred to as “pre-existing WECS.”
(B) General guidelines.
(1) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COMMERCIAL WIND ENERGY SYSTEM. A system which is intended to produce electricity for sale to a rate regulated or non-regulated utility for use off-site.
DISPERSED WIND ENERGY SYSTEM. A wind energy conversion system which has a rated capacity of 100 kilowatts or more and which is incidental and subordinate to a permitted use on the same parcel and which is intended to produce electricity primarily for use on-site. Such system may be connected to the electrical grid when a parcel on which the system is installed also receives electrical power supplied by a utility company. Excess electrical power generated and not presently needed for on-site use may be used by the utility company in accordance with the Iowa Administrative Code.
FLICKER MODEL. A representation of the visible shadow flicker effect caused by a wind energy conversion system when rotating turbine blades cast shadows on the ground and nearby structures causing the repeating pattern of light and shadow.
FREESTANDING. An apparatus that is not mounted upon a building. A FREESTANDING apparatus may or may not use guy-wires.
KILOWATT (kW). Equal to 1,000 watts.
MINOR MODIFICATIONS. Improvements that change the facility on an existing structure and/or the existing structure itself and do not change the quality, intensity, use, or other bulk and form elements as reviewed and previously approved.
PUBLIC RIGHT-OF-WAY. Any public street, alley, sidewalk, or parkway that is owned or granted by easement, operated or controlled by the city.
SMALL WIND ENERGY CONVERSION SYSTEM (SWECS). A wind energy conversion system that has a rated capacity of up to 100 kilowatts. A system is considered a SMALL WIND ENERGY CONVERSION SYSTEM only if it supplies electrical power solely for on-site use; except that, when a parcel on which the system is installed also receives electrical power supplied by a utility company, excess electrical power generated and not presently needed for on-site use may be used by the utility company in accordance with Iowa Administrative Code.
SUBSTANTIAL MODIFICATION. Includes any of the following events: increasing the existing structures vertical height, adding an additional appurtenance to the existing structure, or any other changes that do not comply with the issued approvals for the existing facility or structure.
(2) Accessory use. Small wind energy conversion systems and dispersed wind energy conversion systems shall be an accessory use and shall not be placed within the public right-of-way.
(3) Bulk and form regulations. For the purpose of this section, height shall be measured to include the entire apparatus structure; height equals the measurement of the tower from the base plus and accessories or blade mounted upon the tower. For building mounted apparatuses, the height of the building is not included in this measurement.
(a) Setbacks.
1. Privately or publically owned lots. The minimum distance between any freestanding wind energy conversion system (small wind or dispersed wind) and any property line shall be a distance that is equivalent to the height (100%) of the total system height. Building-mounted apparatuses shall only be located on structures that conform to the setback requirements for the district in which they are located per this chapter.
(b) Height.
1. Privately or publically owned parcels and platted lots. The maximum height for a wind energy conversion system shall be a height that is equal to the setback from any property line up to a maximum of 50 feet in residential zones and up to a maximum of 100 feet for commercial zones, and up to a maximum of 150 feet for industrial zones for freestanding apparatuses. The maximum height for building mounted apparatuses in all zones shall be equal to or less than 25% of the maximum building height requirement for the zone in which it is located. For example, a building-mounted WECS located in a zone with a 35-foot maximum height requirement shall not have a height greater than eight and three-fourths feet.
2. In the case that the airport height restrictions for the city apply to the location on which the structure is to be erected, the more restrictive, lower height requirement shall apply.
(c) Blade clearance. No portion of a propeller-style wind energy conversion system blade shall extend closer than 30 feet from the ground on a freestanding apparatus and shall maintain a clearance of ten feet from other structures, trees, wires, or plantings. The spinning section of a cylinder-style wind energy conversion system shall be located at least 12 feet from the ground on a freestanding apparatus.
(d) Lighting. No light shall be installed on the WECS unless required to meet FAA regulations or to meet requirements stipulated by the Zoning Board of Adjustment through the conditional use permit process.
(e) Climbing apparatus. All climbing apparatus shall be located at least 12 feet above the ground, and the WECS must be designed to prevent climbing within the first 12 feet. If determined by the Zoning Board of Adjustment through the conditional use permit process that the tower design is climbable, fencing may be required.
(f) Noise. Noise emitted from any wind energy structure shall not measure greater than 30dB (decibel) at any property line.
(g) Signage. One sign, limited to four square feet, shall be posted at or near the base of any tower. The sign shall include a notice of no trespassing, a warning of high voltage, and the phone number of the property owner/operator to call in case of emergency. No temporary signage shall be permitted to be mounted or otherwise affixed to the WECS.
(h) Location.
1. Any wind energy conversion system shall not be located over or on any drainage, utility, or other established easements without expressed approval by the City of Newton Community Services Department.
2. Districts.
A. Wind energy conversion systems are recognized to be necessary and desired by some property owners to conduct activities - residential, commercial, or industrial - on a given property.
B. SWECS are conditional uses in all districts; provided, the setback and height requirements can be met.
C. Dispersed wind energy conversion systems are conditional uses in the following commercial districts: C-A, C-O, C-T; and the following industrial districts: I-RL, I-L, I-H; provided, the setback and height requirements can be met.
D. Commercial wind energy conversion systems are conditional uses in the I-H: Heavy Industrial District; provided, setback and height requirements can be met; and, provided that, the commercial wind energy conversion system is a secondary use on the property.
(4) Conditional use permit requirement. The Zoning Board of Adjustment shall review conditional use permit applications for all wind energy conversion systems. An accurate, detailed site plan showing proposed structure location and property features such as buildings, easements, and significant natural features shall be included with the conditional use permit application. When reviewing the permit, the Zoning Board of Adjustment shall consider the following: location of the WECS in relation to other structures and features on the property, proximity to nearby structures, impact to the neighborhood, compliance with FAA regulations, and/or compliance with requirements of local power and electric company. Refer to § 158.178(CC) of this chapter for additional requirements for conditional use permits.
(a) Conditional use permit submittals. An application for a conditional use permit for a wind energy conversion system shall include a site plan, structural engineered drawings and analysis, photographs of the property and location where proposed apparatus will be located, and analysis of the unit’s noise output.
1. For properties under one acre in size, the Zoning Board of Adjustment may require the submittal of a flicker computer model for proposals of propeller-style wind energy conversion systems. The flicker model would illustrate the shadow impact of a wind energy system on nearby properties.
(5) Additional approval requirements. Upon obtaining a conditional use permit, the applicant shall apply for the necessary building and electrical permits as required under the adopted Building Code for the city. Additional permits, approvals, and licensing may be required for maintenance work or any minor or substantial changes as determined by administrative review and the adopted applicable codes. The requirements of the local electric company shall also be met.
(6) Removal of abandoned wind energy conversion systems. Any WECS that is not operated for a continuous period of 12 months shall be considered abandoned and the owner of such WECS shall remove said WECS within 90 days of receipt of notice from the city notifying the owner of such abandonment. If said WECS is not removed within the allotted 90 days, the city may remove such WECS at the owner’s expense. If there are two or more users of a single WECS, then this provision shall not become effective until all users cease using the tower.
(Ord. 2372, passed 4-20-2020; Ord. 2435, passed 8-21-2023)