(a) No medium wind energy turbine (MWET) or large wind energy turbine (LWET) shall be constructed or located within the City unless a conditional use permit has been issued by the Planning Commission and approved by Council, pursuant to the requirements of Chapter 1270 and Section 1262.07, approving construction of the WET after compliance with the applicable sections of this Chapter and the Code.
(b) Medium wind energy turbine (MWET) may be a permitted conditional use in business, industrial and public use districts after compliance with this Chapter and Code.
(c) Large wind energy turbine (LWET) may be a permitted conditional use in industrial and public use districts only after compliance with this Chapter and Code.
(d) No MWET or LWET shall be permitted in a residential district.
(e) The fee shall be established pursuant to Section 214.08.
(f) The Planning Commission may authorize the issuance of a conditional use permit after a public hearing if the application and supporting material showing the proposed wind energy turbine meets the requirements of this regulation, state and federal regulations and the use is otherwise authorized by the Planning Commission. Planning Commission shall condition the issuance of the conditional use permit upon the filing of a bond or other surety with the City in an amount set by Planning Commission.
(g) Any physical modification to an existing conditionally permitted wind energy turbine that materially alters the size, type and number of wind turbines or other equipment shall require conditional use approval by the Planning Commission.
(h) Submission Requirements. An application for a conditional use permit shall be on a form approved by the Building Commissioner and shall contain the following information:
(1) The name, address, parcel number, and telephone number of the applicant/property owner.
(2) The address, parcel number and zoning district of the subject property.
(3) A narrative description of the existing use.
(4) A narrative describing the proposed wind energy turbine, including an overview of the project, the project location, the approximate generating capacity of the wind energy turbine, the approximate number, representative types and height or range of heights of wind turbines to be constructed, including their generating capacity, dimensions and respective manufacturers, and a description of ancillary facilities.
(5) An affidavit or similar evidence of agreement between the property owner and the facility owner or operator demonstrating that the facility owner or operator has the permission of the property owner to apply for necessary permits for construction and operation of the wind energy facility.
(6) Identification of the properties on which the proposed wind energy facility will be located, and the properties adjacent to where the wind energy facility will be located.
(7) A site plan showing the planned location of each wind turbine, property lines, setback lines, access road and turnout locations, substation(s), electrical cabling from the wind energy facility to the substation(s), ancillary equipment, buildings, and structures, including permanent meteorological towers, associated transmission lines, and layout of all structures within the geographical boundaries of any applicable setback, a lighting plan, a plan showing areas impacted by shadow flicker, and other information the Planning Commission may require.
(8) Documents related to decommissioning.
(9) Other relevant studies, reports, certifications and approval as may be reasonably requested by the City to ensure compliance with this Chapter and Code.
(10) Any documents reasonably deemed necessary by the Building Commissioner.
(11) The fee as established pursuant to Section 214.08.
(12) Proof of liability insurance pursuant to Section 1292.15.
(Ord. 10-85. Passed 11-16-10.)